27 November 2012
This table is a working document for the shadows in preparation of the fifth
trilogue on APD.
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ANNEX
Amended proposal for a Directive of the European Parliament and of the Council on common
procedures for granting and withdrawing international protection status (Recast)
Interinstitutional code: 2009/0165 (COD)
The columns of the table reflect respectively:
1.
the amended Commission proposal of 1 June 2011 (COM(2011) 319 final)).
2.
the European Parliament's merged position which is based upon its first reading position on
the initial Commission proposal and the amendments contained in the approach of the
rapporteur and the shadow rapporteurs on the amended Commission proposal. The differences
between the Parliament's position and the amended Commission proposal are indicated in
bold italics and deleted text with ▌; underlined indicates text that was and still is part of the
EP Position but is not reflected anymore in the amended Commission proposal.
3.
the Council position on the amended Commission proposal as endorsed by the Committee of
Permanent Representatives on 6 June 2012. New text compared to the amended Commission
proposal is indicated by underlining the insertion and including it within Council tags: ;
deleted text is indicated within underlined square brackets as follows: […]
.
4.
Compromise suggestions and comments in view of the third trilogue on 16 October 2012.
Changes to the Council text are indicated in
bold. In compromise suggestions of the European
Parliament changes to the Commission proposal are indicated in
bold/italics.
________________________
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Commission Proposal 11207/11
EP merged position
Council Position
Comments and compromise
suggestions
2009/0165 (COD)
2009/0165 (COD)
2009/0165 (COD)
Amended proposal for a
Amended proposal for a
Amended proposal for a
DIRECTIVE OF THE
DIRECTIVE OF THE
DIRECTIVE OF THE
EUROPEAN PARLIAMENT
EUROPEAN PARLIAMENT
EUROPEAN PARLIAMENT
AND OF THE COUNCIL on
AND OF THE COUNCIL on
AND OF THE COUNCIL
common procedures for
common procedures for
on common procedures for
granting and withdrawing
granting and withdrawing
granting and withdrawing
international protection status
international protection status
international protection status
(Recast)
(Recast)
(Recast)
Identical.
THE
EUROPEAN THE
EUROPEAN THE
EUROPEAN
PARLIAMENT
AND
THE PARLIAMENT
AND
THE PARLIAMENT
AND
THE
COUNCIL OF THE EUROPEAN COUNCIL OF THE EUROPEAN COUNCIL OF THE EUROPEAN
UNION,
UNION,
UNION,
Having regard to the Treaty on Having regard to the Treaty on Having regard to the Treaty on Identical.
the Functioning of the European the Functioning of the European the Functioning of the European
Union, and in particular Article Union,
and
in
particular Union, and in particular Article
78(2)(d) thereof,
Article 78(2)(d) thereof,
78(2)(d) thereof,
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Having regard to the proposal Having regard to the proposal Having regard to the proposal Identical.
from the European Commission,
from the European Commission,
from the European Commission,
Having regard to the opinion of Having regard to the opinion of Having regard to the opinion of Identical.
the
European
Economic and the
European
Economic and the
European
Economic and
Social Committee
1,
Social Committee,
Social Committee
2,
Having regard to the opinion of Having regard to the opinion of Having regard to the opinion of Identical.
the Committee of the Regions
3,
the Committee of the Regions,
the Committee of the Regions
4,
Acting in accordance with the Acting in accordance with the Acting in accordance with the Identical.
ordinary legislative procedure,
ordinary legislative procedure,
ordinary legislative procedure,
Whereas:
Whereas:
Whereas:
Identical.
(1)
A number of substantive (1)
A number of substantive (1)
A number of substantive Identical.
changes are to be made
changes are to be made
changes are to be made
to
Council
Directive
to
Council
Directive
to
Council
Directive
2005/85/EC
of
1
2005/85/EC
of
1
2005/85/EC
of
1
December
2005
on
December
2005
on
December
2005
on
minimum standards on
minimum standards on
minimum standards on
procedures for granting
procedures for granting
procedures for granting
and withdrawing refugee
and withdrawing refugee
and withdrawing refugee
status5. In the interest of
status. In the interest of
status6. In the interest of
clarity,
that
Directive
clarity,
that
Directive
clarity,
that
Directive
1
OJ C […], […], p. […].
2
OJ C […], […], p. […].
3
OJ C […], […], p. […].
4
OJ C […], […], p. […].
5
OJ L 326, 13.12.2005, p. 13.
6
OJ L 326, 13.12.2005, p. 13.
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should be recast.
should be recast.
should be recast.
(2)
A common policy on (2)
A common policy on (2)
A common policy on Identical.
asylum,
including
a
asylum,
including
a
asylum,
including
a
Common
European
Common
European
Common
European
Asylum System, is a
Asylum System, is a
Asylum System, is a
constituent part of the
constituent part of the
constituent part of the
European
Union's
European
Union's
European
Union's
objective of establishing
objective of establishing
objective of establishing
progressively an area of
progressively an area of
progressively an area of
freedom, security and
freedom, security and
freedom, security and
justice open to those
justice open to those
justice open to those
who,
forced
by
who,
forced
by
who,
forced
by
circumstances,
circumstances,
circumstances,
legitimately
seek
legitimately
seek
legitimately
seek
protection
in
the
protection in the Union.
protection
in
the
Union
It should be governed by
Union
Community. It should
the principle of solidarity
Community. It should
be governed
by
the
and
fair
sharing
of
be governed
by
the
principle
of
solidarity
responsibility,
including
principle
of
solidarity
and
fair
sharing
of
its financial implications,
and
fair
sharing
of
responsibility,
including
between
the Member
responsibility,
including
its financial implications,
States.
its financial implications,
between
the Member
between
the Member
States.
States.
(3)
The European Council, (3)
The European Council, (3)
The European Council, Identical.
at its special meeting in
at its special meeting in
at its special meeting in
Tampere on 15 and 16
Tampere on 15 and 16
Tampere on 15 and 16
October 1999, agreed to
October 1999, agreed to
October 1999, agreed to
work
towards
work
towards
work
towards
establishing a Common
establishing a Common
establishing a Common
European
Asylum
European
Asylum
European
Asylum
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System, based on the full
System, based on the full
System, based on the full
and inclusive application
and inclusive application
and inclusive application
of
the
Geneva
of
the
Geneva
of
the
Geneva
Convention of 28 July
Convention of 28 July
Convention of 28 July
1951
relating
to the
1951
relating
to the
1951
relating
to the
status of refugees, as
status of refugees, as
status of refugees, as
amended by the New
amended by the New
amended by the New
York
Protocol
of
York
Protocol
of
York
Protocol
of
31 January 1967
31 January 1967
31 January 1967
(Geneva
Convention),
(Geneva
Convention),
(Geneva
Convention),
thus
affirming
the
thus
affirming
the
thus
affirming
the
principle
of
principle
of
principle
of
non-
refoulement
and
non-refoulement
and
non-
refoulement
and
ensuring that nobody is
ensuring that nobody is
ensuring that nobody is
sent back to persecution.
sent back to persecution.
sent back to persecution.
(4)
The
Tampere (4)
The
Tampere (4)
The
Tampere Identical.
Conclusions provide that
Conclusions provide that
Conclusions provide that
a
Common
European
a
Common
European
a
Common
European
Asylum System should
Asylum System should
Asylum System should
include,
in the short
include,
in the short
include,
in the short
term, common standards
term, common standards
term, common standards
for fair and efficient
for fair and efficient
for fair and efficient
asylum procedures in the
asylum procedures in the
asylum procedures in the
Member States and, in
Member States and, in
Member States and, in
the
longer
term,
the longer term, Union
the
longer
term,
Union
rules
leading
to
a
Union
Community rules leading
common
asylum
Community rules leading
to a common asylum
procedure
in
the
to a common asylum
procedure
in
the
European Union.
procedure
in
the
European Union
European Union
Community.
Community.
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(5)
The first phase of a (5)
The first phase of a (5)
The first phase of a Identical.
Common
European
Common
European
Common
European
Asylum
System
was
Asylum
System
was
Asylum
System
was
achieved
through
the
achieved
through
the
achieved
through
the
adoption
of
relevant
adoption
of
relevant
adoption
of
relevant
legal
instruments
legal
instruments
legal
instruments
foreseen in the Treaties,
foreseen in the Treaties,
foreseen in the Treaties,
including
Directive
including
Directive
including
Directive
2005/85/EC
which
2005/85/EC which was a
2005/85/EC
which
was
The
minimum
first measure on asylum
was
The
minimum
standards laid down in
procedures.
standards laid down in
this
Directive
on
this
Directive
on
procedures in Member
procedures in Member
States for granting or
States for granting or
withdrawing
refugee
withdrawing
refugee
status are therefore a first
status are therefore a first
measure
on
asylum
measure
on
asylum
procedures.
procedures.
(6)
The European Council, (6)
The European Council, (6)
The European Council, Identical.
at its meeting of 4
at its meeting of 4
at its meeting of 4
November 2004, adopted
November 2004, adopted
November 2004, adopted
the Hague Programme,
the Hague Programme,
the Hague Programme,
which set the objectives
which set the objectives
which set the objectives
to be implemented in the
to be implemented in the
to be implemented in the
area of freedom, security
area of freedom, security
area of freedom, security
and justice in the period
and justice in the period
and justice in the period
2005-2010.
In
this
2005-2010.
In
this
2005-2010.
In
this
respect,
the
Hague
respect,
the
Hague
respect,
the
Hague
Programme invited the
Programme invited the
Programme invited the
European Commission to
European Commission to
European Commission to
conclude the evaluation
conclude the evaluation
conclude the evaluation
of the first phase legal
of the first phase legal
of the first phase legal
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instruments
and
to
instruments
and
to
instruments
and
to
submit the second phase
submit the second phase
submit the second phase
instruments
and
instruments
and
instruments
and
measures to the Council
measures to the Council
measures to the Council
and
the
European
and
the
European
and
the
European
Parliament.
In
Parliament.
In
Parliament.
In
accordance
with
the
accordance
with
the
accordance
with
the
Hague Programme, the
Hague Programme, the
Hague Programme, the
objective to be pursued
objective to be pursued
objective to be pursued
for the creation of the
for the creation of the
for the creation of the
Common
European
Common
European
Common
European
Asylum System is the
Asylum System is the
Asylum System is the
establishment
of
a
establishment
of
a
establishment
of
a
common
asylum
common
asylum
common
asylum
procedure and a uniform
procedure and a uniform
procedure and a uniform
status valid throughout
status valid throughout
status valid throughout
the Union.
the Union.
the Union.
(7)
In the European Pact on (7)
In the European Pact on (7)
In the European Pact on Identical.
Immigration
and
Immigration
and
Immigration
and
Asylum, adopted on 16
Asylum, adopted on 16
Asylum, adopted on 16
October
2008,
the
October
2008,
the
October
2008,
the
European Council noted
European Council noted
European Council noted
that
considerable
that
considerable
that
considerable
disparities
remain
disparities
remain
disparities
remain
between one Member
between one Member
between one Member
State
and
another
State
and
another
State
and
another
concerning the grant of
concerning the grant of
concerning the grant of
protection and called for
protection and called for
protection and called for
new initiatives, including
new initiatives, including
new initiatives, including
a
proposal
for
a
proposal
for
a
proposal
for
establishing
a
single
establishing
a
single
establishing
a
single
asylum
procedure
asylum
procedure
asylum
procedure
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comprising
common
comprising
common
comprising
common
guarantees, to complete
guarantees, to complete
guarantees, to complete
the establishment of a
the establishment of a
the establishment of a
Common
European
Common
European
Common
European
Asylum
System,
Asylum
System,
Asylum
System,
provided
for
in
the
provided
for
in
the
provided
for
in
the
Hague Programme.
Hague Programme.
Hague Programme.
(8)
The European Council, (8)
The European Council, (8)
The European Council, Identical.
at its meeting of 10-11
at its meeting of 10-11
at its meeting of 10-11
December 2009, adopted
December 2009, adopted
December 2009, adopted
the
Stockholm
the
Stockholm
the
Stockholm
Programme
which
Programme
which
Programme
which
reconfirmed
the
reconfirmed
the
reconfirmed
the
commitment
to
commitment
to
commitment
to
establishing a common
establishing a common
establishing a common
area of protection and
area of protection and
area of protection and
solidarity based on a
solidarity based on a
solidarity based on a
common
asylum
common
asylum
common
asylum
procedure and a uniform
procedure and a uniform
procedure and a uniform
status for those granted
status for those granted
status for those granted
international
protection
international
protection
international
protection
based on high protection
based on high protection
based on high protection
standards and fair and
standards and fair and
standards and fair and
effective procedures by
effective procedures by
effective procedures by
2012.
The
Stockholm
2012.
The
Stockholm
2012.
The
Stockholm
Programme affirmed that
Programme affirmed that
Programme affirmed that
people
in
need
of
people
in
need
of
people
in
need
of
international
protection
international
protection
international
protection
must be ensured access
must be ensured access
must be ensured access
to
legally
safe
and
to
legally
safe
and
to
legally
safe
and
efficient
asylum
efficient
asylum
efficient
asylum
procedures.
In
procedures.
In
procedures.
In
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accordance
with
the
accordance
with
the
accordance
with
the
Stockholm
Programme,
Stockholm
Programme,
Stockholm
Programme,
individuals, regardless of
individuals, regardless of
individuals, regardless of
the Member State in
the Member State in
the Member State in
which their application
which their application
which their application
for asylum is lodged,
for asylum is lodged,
for asylum is lodged,
should be offered the
should be offered the
should be offered the
same level of treatment
same level of treatment
same level of treatment
as regards procedural
as regards procedural
as regards procedural
arrangements and status
arrangements and status
arrangements and status
determination.
The
determination.
The
determination.
The
objective should be that
objective should be that
objective should be that
similar cases should be
similar cases should be
similar cases should be
treated alike and result in
treated alike and result in
treated alike and result in
the same outcome.
the same outcome.
the same outcome.
(9)
The resources of the (9)
It is necessary for the (9)
The resources of the Agreed to take COM/Council
European Refugee Fund
resources
of
the
European Refugee Fund text. See shadow meeting of
and of the European
European Refugee Fund
and of the European 8.11.2012, note for the shadows,
Asylum Support Office,
and of the European
Asylum Support Office, page 4.
established
by
Asylum Support Office,
established
by
Regulation
(EU)
No
established
by
Regulation
(EU)
No
439/2010
of
the
Regulation
(EU)
No
439/2010
of
the
European Parliament and
439/2010
of
the
European Parliament and
of the Council
1, should
European Parliament and
of the Council
2, should
be mobilised to provide
of the Council,
to be
be mobilised to provide
adequate support to the
mobilised
, inter alia, to
adequate support to the
Member States' efforts
provide adequate support
Member States' efforts
relating
to
the
to the Member States'
relating
to
the
implementation
of the
efforts relating to the
implementation
of 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
implementation
of the
standards
set in the
second phase of the
standards
set in the
second phase of the
Common
European
second phase of the
Common
European
Asylum
System,
in
Common
European
Asylum
System,
in
particular
to
those
Asylum
System,
in
particular
to
those
Member States which are
particular
to
those
Member States which are
faced with specific and
Member States which are
faced with specific and
disproportionate
faced with specific and
disproportionate
pressures on their asylum
disproportionate
pressures on their asylum
systems,
due
in
pressures on their asylum
systems,
due
in
particular
to
their
systems,
due
in
particular
to
their
geographical
or
particular
to
their
geographical
or
demographic situation.
geographical
or
demographic situation.
demographic situation.
It
is also necessary that in
Member
States
that
receive
a
disproportionately large
number
of
asylum
applications in relation
to the size of their
population,
financial
support
and
administrative/technical
support be mobilised
immediately under the
European
Refugee
Fund and the European
Asylum Support Office
respectively in order to
enable them to comply
with
this
Directive.
[Am. 1]
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(9a) When implementing this Agreed to take Council text.
Directive Member States
should take into account (see shadow meeting of 11
relevant
guidelines October 2012, point A.4.)
developed
by
the
European
Asylum
Support Office.
(10)
In order to ensure a (10)
In order to ensure a (10)
In order to ensure a Identical.
comprehensive
and
comprehensive
and
comprehensive
and
efficient evaluation of
efficient evaluation of
efficient evaluation of
the
international
the
international
the
international
protection
needs
of
protection
needs
of
protection
needs
of
applicants
within
the
applicants
within
the
applicants
within
the
meaning
of
Directive
meaning
of
Directive
meaning
of
Directive
[…/.../EU] [on minimum
[…/.../EU] [on minimum
[…/.../EU] [on minimum
standards
for
the
standards
for
the
standards
for
the
qualification and status
qualification and status
qualification and status
of third country nationals
of third country nationals
of third country nationals
or stateless persons as
or stateless persons as
or stateless persons as
beneficiaries
of
beneficiaries
of
beneficiaries
of
international
protection
international
protection
international
protection
and the content of the
and the content of the
and the content of the
protection granted (the
protection granted (the
protection granted (the
Qualification Directive)],
Qualification Directive)],
Qualification Directive)],
the Union framework on
the Union framework on
the Union framework on
procedures for granting
procedures for granting
procedures for granting
international
protection
international
protection
international
protection
should be based on the
should be based on the
should be based on the
concept
of
a
single
concept
of
a
single
concept
of
a
single
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asylum procedure.
asylum procedure.
asylum procedure.
(11)
The main objective of (11)
The main objective of (11)
The main objective of Identical
this
Directive
is
to
this
Directive
is
to
this
Directive
is
to
further develop the
further
develop
the
further develop the
standards for procedures
standards for procedures
standards for procedures
in Member States for
in Member States for
in Member States for
granting
and
granting
and
granting
and
withdrawing
withdrawing
withdrawing
international
protection
international
protection
international
protection
with
a
view
to
with
a
view
to
with
a
view
to
establishing a common
establishing a common
establishing a common
asylum procedure in the
asylum procedure in the
asylum procedure in the
Union
introduce
a
Union.
Union
introduce
a
minimum framework in
minimum framework in
the
Community
on
the
Community
on
procedures for granting
procedures for granting
and withdrawing refugee
and withdrawing refugee
status.
status.
(12)
The
approximation
of (12)
The
approximation
of (12)
The
approximation
of Identical
rules on the procedures
rules on the procedures
rules on the procedures
for
granting
and
for
granting
and
for
granting
and
withdrawing
withdrawing
withdrawing
international
international
protection
international
protection
refugee
should help to limit the
protection
refugee
status should help to
secondary movements of
status should help to
limit
the
secondary
applicants
for
limit
the
secondary
movements of applicants
international
protection
movements of applicants
for
international
between Member States,
for
international
protection
asylum
where such movement
protection
asylum
between Member States,
would be caused by
between Member States,
where such movement
differences
in
legal
where such movement
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would be caused by
frameworks, and create
would be caused by
differences
in
legal
equivalent conditions for
differences
in
legal
frameworks
, and
the
application
of
frameworks
, and
create
equivalent
Directive
[…/…/EU]
create
equivalent
conditions
for
the
[the
Qualification
conditions
for
the
application of Directive
Directive] in Member
application of Directive
[…/…/EU]
[the
States.
[…/…/EU]
[the
Qualification
Directive]
Qualification
Directive]
in Member States .
in Member States .
(13)
It is in the very nature of (13)
Member States should (13)
It is in the very nature of Identical
minimum standards that
have
the
power
to
minimum standards that
Member States should
introduce
or
maintain
Member States should
have
the
power
to
more
favourable
have
the
power
to
introduce
or
maintain
provisions
for
third
introduce
or
maintain
more
favourable
country
nationals
or
more
favourable
provisions
for
third
stateless persons who ask
provisions
for
third
country
nationals
or
for
international
country
nationals
or
stateless persons who ask
protection
from
a
stateless persons who ask
for
international
Member State, where
for
international
protection
from
a
such
a
request
is
protection
from
a
Member State, where
understood to be on the
Member State, where
such
a
request
is
grounds that the person
such
a
request
is
understood to be on the
concerned is in need of
understood to be on the
grounds that the person
international
protection
grounds that the person
concerned is in need
within the meaning of
concerned is in need
of
international
Directive
[…/…/EU]
of
international
protection a refugee
[the
Qualification
protection a refugee
within the meaning of
Directive].
within the meaning of
Directive […/…/EU]
Directive […/…/EU]
[the
Qualification
[the
Qualification
Directive]
Article
Directive]
Article
1(A) of the Geneva
1(A) of the Geneva
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Convention.
Convention.
(14)
With
respect
to the (14)
With
respect
to the (14)
With
respect
to the Identical
treatment
of
persons
treatment
of
persons
treatment
of
persons
falling within the scope
falling within the scope
falling within the scope
of
this
Directive,
of
this
Directive,
of
this
Directive,
Member
States
are
Member
States
are
Member
States
are
bound
by
obligations
bound
by
obligations
bound
by
obligations
under
instruments
of
under
instruments
of
under
instruments
of
international
law
to
international
law
to
international
law
to
which they are party and
which they are party.
which they are party and
which
prohibit
which
prohibit
discrimination.
discrimination.
(14a)
Member
States
are
Agreed to take COM/Council text
obliged to respect fully
(deletion of Recital 14a).
the principle of non-
refoulement
and the
See follow-up note of 20.11.2012.
right to asylum, which
includes access to an
asylum procedure for
any person who wishes
to claim asylum and
who
is
in
their
jurisdiction,
including
those under the effective
control of a Union body
or a body of a Member
State.
(15)
It
is
essential
that (15)
It
is
essential
that (15)
It
is
essential
that Agreed to take COM/Council
decisions
on
all
decisions
on
all
decisions
on
all text. See shadow meeting of
applications
for
applications
for
applications
for 8.11.2012, note for the shadows,
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international
international
protection
international
page 4.
protection asylum be
be taken on the basis of
protection asylum be
taken on the basis of the
the facts and, in the first
taken on the basis of the
facts and, in the first
instance, by authorities
facts and, in the first
instance, by authorities
whose personnel has the
instance, by authorities
whose personnel has the
appropriate
knowledge
whose personnel has the
appropriate
knowledge
and
receives
the
appropriate
knowledge
or has receiveds the
necessary training in the
or has receiveds the
necessary training in the
field
of
asylum
and
necessary training in the
field
of
asylum
and
international
protection
field
of
asylum
and
international
matters.
international
protection
refugee
protection
refugee
matters.
matters.
Following compromise text
agreed:
(15a) In order to ensure that
applications are
examined and decisions
are taken objectively and
impartially, it is
necessary that
professionals acting in
the framework of the
procedures provided for
in this Directive perform
their activities with due
respect to the applicable
deontological principles.
See shadow meeting of
11 October, point A.5.1.
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(16)
It is in the interest of (16)
It is in the interest of (16)
It is in the interest of Identical
both Member States and
both Member States and
both Member States and
applicants
for
applicants
for
applicants
for
international
international
protection
international
protection
asylum
that a decision is made as
protection
asylum
that a decision is
soon
as
possible on
that a decision is
made to make a
applications
for
made to make a
decision
as
soon as
international
protection,
decision
as
soon as
possible on applications
without prejudice to an
possible on applications
for
international
adequate and complete
for
international
protection
asylum,
examination.
protection
asylum,
without prejudice to
without prejudice to
an
adequate
and
an
adequate
and
complete
complete
examination .
The
examination .
The
organisation
of
the
organisation
of
the
processing
of
processing
of
applications for asylum
applications for asylum
should be left to the
should be left to the
discretion
of Member
discretion
of Member
States, so that they may,
States, so that they may,
in accordance with their
in accordance with their
national needs, prioritise
national needs, prioritise
or
accelerate
the
or
accelerate
the
processing
of
any
processing
of
any
application, taking into
application, taking into
account the standards in
account the standards in
this Directive.
this Directive.
Pending.
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EP compromise text:
Related to Article 31(7)
(16a) Member States should
have the flexibility, in
accordance with their national
needs, to prioritise the
examination of any application
by examining it before other,
previously made applications,
without derogating from
normally applicable time limits,
principles and guarantees.
Pending.
EP compromise text:
Related to Article 31(7)
(16b) In well-defined
circumstances where an
application is likely to be
unfounded or where there are
serious national security or
public order concerns, Member
States should be able to
accelerate the examination
procedure, in particular by
introducing shorter reasonable
time limits for certain procedural
steps, without prejudice to an
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adequate and complete
examination and to the
applicant's effective access to
basic principles and guarantees
provided for in this Directive.
(17)
It is also in the interest of (17)
It is also in the interest of (17)
It is also in the interest of *
both Member States and
both Member States and
both Member States and
applicants to ensure a
applicants to ensure a
applicants to ensure a The technical group suggest
correct
recognition of
correct
recognition of
correct
recognition of taking the following compromise
international
protection
international
protection
international
protection to make the text coherent with
needs already at first
needs already at first
needs already at first corresponding Article 21:
instance. To that end,
instance. To that end,
instance. To that end,
applicants
should
be
applicants
should
be
applicants
should
be (17) It is also in the interest of
provided at first instance,
provided at first instance,
provided at first instance, both Member States and
free of charge, with legal
free of charge, with legal
free of charge, with legal applicants to ensure a correct
and
procedural
and
procedural
and
procedural recognition of international
information, taking into
information, taking into
information, taking into protection needs already at first
account their particular
account their particular
account their particular instance. To that end, applicants
circumstances.
The
circumstances.
The
circumstances.
The should be provided at first
provision
of
such
provision
of
such
provision
of
such instance, free of charge, with
information should
inter
information should
inter
information should
inter legal and procedural information,
alia enable the applicants
alia enable the applicants
alia enable the applicants taking into account their
to better understand the
to better understand the
to better understand the particular circumstances. The
procedure, thus helping
procedure, thus helping
procedure, thus helping provision of such information
them to comply with the
them to comply with the
them to comply with the should
inter alia enable the
relevant obligations. It
relevant obligations. It
relevant obligations. It applicants to better understand the
would
be
would
be
would
be procedure, thus helping them to
disproportionate
to
disproportionate
to
disproportionate
to comply with the relevant
require Member States to
require Member States to
require Member States to obligations. It would be
provide such information
provide such information
provide such information disproportionate to require
only through the services
only through the services
only through the services Member States to provide such
of
qualified
lawyers.
of
qualified
lawyers.
of
qualified
lawyers. information only through the
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Member States should
Member States should
Member States should services of qualified lawyers.
therefore
have
the
therefore
have
the
therefore
have
the Member States should therefore
possibility to find the
possibility to find the
possibility to find the have the possibility to find the
most
appropriate
most
appropriate
most
appropriate most appropriate modalities for
modalities
for
the
modalities
for
the
modalities
for
the the provision of such information,
provision
of
such
provision
of
such
provision
of
such such as through non-
information,
such
as
information,
such
as
information,
such
as governmental organisations,
through
non-
through
non-
through
non-
professionals from government
governmental
governmental
governmental
authorities government officials
organisations,
organisations,
organisations,
or specialised services of the
government officials or
specialised,
suitably
government officials or State.
specialised services of
qualified and impartial
specialised services of
the State.
legal
advisers,
the State.
counsellors,
other
qualified professionals.
(18)
In appeals procedures, (18)
In appeals procedures, (18)
In appeals procedures, Identical
subject
to
certain
subject
to
certain
subject
to
certain
conditions,
applicants
conditions,
applicants
conditions,
applicants
should be granted free
should be granted free
should be granted free
legal
assistance
and
legal
assistance
and
legal
assistance
and
representation
provided
representation
provided
representation
provided
by persons competent to
by persons competent to
by persons competent to
do so under national law.
do so under national law.
do so under national law.
Furthermore, at all stages
Furthermore, at all stages
Furthermore, at all stages
of
the
procedure,
of
the
procedure,
of
the
procedure,
applicants should have
applicants should have
applicants should have
the right to consult, at
the right to consult, at
the right to consult, at
their own cost, legal
their own cost, legal
their own cost, legal
advisers or counsellors
advisers or counsellors
advisers or counsellors
permitted as such under
permitted as such under
permitted as such under
national law.
national law.
national law.
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(19)
The notion of public (19)
The notion of public (19)
The notion of public Identical
order
may
inter
order
may inter
alia
order
may
inter
alia
cover
a
cover a conviction for
alia
cover
a
conviction
for
committing
a
serious
conviction
for
committing
a
serious
crime.
committing
a
serious
crime.
crime.
(20)
In the interests of a (20)
In the interests of a (20)
In the interests of a Agreed to take COM/Council
correct
recognition of
correct
recognition of
correct
recognition of text. See shadow meeting of
those persons in need of
those persons in need of
those persons in need of 8.11.2012, note for the shadows,
protection as refugees
protection as refugees
protection as refugees page 4.
within the meaning of
within the meaning of
within the meaning of
Article 1 of the Geneva
Article 1 of the Geneva
Article 1 of the Geneva
Convention
or
as
Convention or as persons
Convention
or
as
persons
eligible
for
eligible
for
subsidiary
persons
eligible
for
subsidiary protection ,
protection,
every
subsidiary protection ,
every applicant should,
applicant should have an
every applicant should,
subject
to
certain
effective
access
to
subject
to
certain
exceptions,
have
an
procedures,
the
exceptions,
have
an
effective
access
to
opportunity to cooperate
effective
access
to
procedures,
the
and
properly
procedures,
the
opportunity to cooperate
communicate with the
opportunity to cooperate
and
properly
competent authorities so
and
properly
communicate with the
as to present the relevant
communicate with the
competent authorities so
facts of his/her case and
competent authorities so
as to present the relevant
effective
procedural
as to present the relevant
facts of his/her case and
guarantees
to
pursue
facts of his/her case and
sufficient
procedural
his/her case throughout
sufficient
procedural
guarantees
to
pursue
all
stages
of
the
guarantees
to
pursue
his/her case throughout
procedure. Moreover, the
his/her case throughout
all
stages
of
the
procedure in which an
all
stages
of
the
procedure. Moreover, the
application
for
procedure. Moreover, the
procedure in which an
international
protection
procedure in which an
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application
for
is
examined
should
application
for
international
normally
provide
an
international
protection asylum is
applicant at least with
protection asylum is
examined
should
the right to stay pending
examined
should
normally
provide
an
a
final decision by the
normally
provide
an
applicant at least with
determining
authority
applicant at least with
the right to stay pending
and, in the case of a
the right to stay pending
a
decision
by
the
negative decision, the
a
decision
by
the
determining
authority,
time
necessary
for
determining
authority,
access to the services of
seeking
a
judicial
access to the services of
an
interpreter
for
remedy, and for so long
an
interpreter
for
submitting his/her case if
as a competent court or
submitting his/her case if
interviewed
by
the
tribunal so authorises,
interviewed
by
the
authorities,
the
access to the services of
authorities,
the
opportunity
to
an
interpreter
for
opportunity
to
communicate
with
a
submitting his/her case if
communicate
with
a
representative
of
the
interviewed
by
the
representative
of
the
United
Nations
High
authorities,
the
United
Nations
High
Commissioner
for
opportunity
to
Commissioner
for
Refugees
(UNHCR)
communicate
with
a
Refugees
(UNHCR)
and with organisations
representative
of
the
and with organisations
providing
advice
or
United
Nations
High
providing
advice
or
counselling to applicants
Commissioner
for
counselling to applicants
for
international
Refugees (UNHCR) and
for
international
protection or with any
with
organisations
protection or with any
organisation working on
providing
advice
or
organisation working on
its behalf, the right to
counselling to applicants
its behalf, the right to
appropriate
notification
for
international
appropriate
notification
of
a
decision,
a
protection, the right to
of
a
decision,
a
motivation
of
that
appropriate
notification
motivation
of
that
decision in fact and in
of
a
decision,
a
decision in fact and in
law, the opportunity to
motivation
of
that
law, the opportunity to
consult a legal adviser or
decision in fact and in
consult a legal adviser or
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other counsellor, and the
law, the opportunity to
other counsellor, and the
right to be informed of
consult a legal adviser or
right to be informed of
his/her legal position at
other counsellor, and the
his/her legal position at
decisive moments in the
right to be informed of
decisive moments in the
course of the procedure,
his/her legal position at
course of the procedure,
in a language he/she
decisive moments in the
in a language he/she
understands
or
course of the procedure,
understands
or
is can reasonably
in
a
language
is can reasonably
be
supposed
to
he/she understands or is
be
supposed
to
understand and, in the
reasonably supposed to
understand and, in the
case
of
a
negative
understand and, in the
case
of
a
negative
decision, the right to an
case
of
a
negative
decision, the right to an
effective remedy before
decision, the right to an
effective remedy before
a court of a tribunal .
effective remedy before
a court of a tribunal .
a court of a tribunal.
In
addition,
specific
In
addition,
specific
procedural
guarantees
procedural
guarantees
for
unaccompanied
for
unaccompanied
minors should be laid
minors should be laid
down on account of their
down on account of their
vulnerability.
In
this
vulnerability.
In
this
context, the best interests
context, the best interests
of the child should be a
of the child should be a
primary consideration of
primary consideration of
Member States.
Member States.
(21)
With a view to ensuring (21)
With a view to ensuring (21)
With a view to ensuring Pending
an effective access to the
an effective access to the
an effective access to the
examination
procedure,
examination
procedure,
examination
procedure,
Related to Article 6(1) and 8(1),
officials who first come
officials who first come
officials who first come training element for staff having
into contact with persons
into contact with persons
into contact with persons first contact with the asylum
seeking
international
seeking
international
seeking
international seeker could be included here.
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protection, in particular
protection, in particular
protection, in particular Waiting for possible global
those
carrying
out
those
carrying
out
those
carrying
out compromise.
surveillance of land or
surveillance of land or
surveillance of land or
maritime
borders
or
maritime
borders
or
maritime
borders
or Suggestion to accept "to deal
conducting
border
conducting
border
conducting
border with" requests (instead of
checks, should receive
checks, should receive
checks, should receive "register and forward") as it is
instructions
and
instructions
and
relevant
coherent with the text of Article
necessary
training
on
necessary
training
on
information […] 6(3)
how to recognise and
how
to
recognise
,
and necessary training on
deal with requests for
register and forward to
how to recognise and
international
protection.
the
competent
deal with requests for
They should be able to
determining
authority
international
protection
provide
third
country
requests for international
inter alia taking due
nationals
or
stateless
protection. They should
account
of
relevant
persons who are present
be able to provide third
guidelines developed by
in the territory, including
country
nationals
or
the European Asylum
at the border, in the
stateless persons who are
Support Office . They
territorial waters or in
present in the territory,
should be able to provide
the transit zones of the
including at the border,
third country nationals or
Member States, and wish
in the territorial waters
stateless persons who are
to request international
or in the transit zones of
present in the territory,
protection,
with
all
the Member States, and
including at the border,
relevant information as
wish
to
request
in the territorial waters
to
where
and
how
international
protection,
or in the transit zones of
applications
for
with
all
relevant
the Member States, and
international
protection
information as to where
wish
to
request
may be lodged. Where
and how applications for
international
protection,
those persons are present
international
protection
with […] relevant
in the territorial waters
may be lodged. Where
information as to where
of a Member State, they
those persons are present
and how applications for
should be disembarked
in the territorial waters
international
protection
on land and have their
of a Member State, they
may be lodged. Where
applications examined in
should be disembarked
those persons are present
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accordance
with
this
on land and have their
in the territorial waters
Directive.
applications examined in
of a Member State, they
accordance
with
this
should be disembarked
Directive.
on land and have their
applications examined in
accordance
with
this
Directive.
(21a)
Given that third country
Pending.
nationals or stateless
persons
who
have
It is part of the political red line
expressed their wish to
of
training
(
art.
6(1))
and
apply for international
indirectly linked to
Article 8(1)
protection
are
on Access to information at the
applicants
for
borders. Still pending.
international protection,
they should comply with
the
obligations
and
benefit from the rights
in accordance with this
Directive
and
the
Reception
Conditions
Directive. To that end,
Member States should
register
that
those
persons are applicants
for
international
protection as soon as
possible.
(22)
In order to facilitate (22)
In order to facilitate (22)
In order to facilitate Pending.
access
to
the
access
to
the
access
to
the
examination procedure at
examination procedure at
examination procedure at Related to
Article 8(1).
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border crossing points
border crossing points
border crossing points
and
in
detention
and
in
detention
and
in
detention
facilities,
information
facilities, information
on
facilities,
information
should be made available
the possibility to request
should be made available
on
the
possibility
to
international protection
on
the
possibility
to
request
international
should be made available
request
international
protection.
Basic
and easily accessible.
protection.
Basic
communication
Basic
communication
communication
necessary to enable the
necessary to enable the
necessary to enable the
competent authorities to
competent authorities to
competent authorities to
understand
if
persons
understand
if
persons
understand
if
persons
declare their wish to
declare their wish to
declare their wish to
apply for international
apply for international
apply for international
protection
should
be
protection
should
be
protection
should
be
ensured
through
ensured
through
ensured
through
interpretation
interpretation
interpretation
arrangements.
arrangements.
arrangements.
(23)
In addition, applicants in (23)
In addition, applicants in (23)
Certain
applicants Pending.
need
of
special
need
of
special
may be in need of special
procedural
guarantees,
procedural
guarantees,
procedural
guarantees Related to
Articles 2(d) and 24.
such
as
minors,
such
as
minors,
due to
inter alia
unaccompanied
minors,
unaccompanied
minors,
their age, gender, sexual EP suggestion
persons who have been
pregnant
women,
orientation,
gender (23)
Certain applicants may
subjected to torture, rape
persons who have been
identity,
disability,
be in need of special
or other serious acts of
subjected to torture, rape
serious
illness, mental
violence
or
disabled
or other serious acts of
disorders
or
procedural
guarantees
due to
inter alia their
persons,
should
be
violence
,
such
as
consequences
of
age,
gender,
sexual
provided with adequate
violence
based
on
[…] torture, rape or
orientation,
gender
support in order to create
gender and harmful
other serious forms
the conditions necessary
traditional practices, or
[…]
of
identity,
disability,
serious
illness, mental
for their effective access
disabled persons, should
psychological,
disorders
or
to
procedures
and
be
provided
with
physical
or
sexual
consequences of torture,
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presenting the elements
adequate support in order
violence
.
Those
rape or other serious
needed to substantiate
to create the conditions
applicants
[…]
forms of psychological,
the
application
for
necessary
for
their
should be provided with
physical
or
sexual
international protection.
effective
access
to
adequate support in order
violence.
Member States
procedures
and
to create the conditions
should
endeavour to
presenting the elements
necessary
for
their
identify applicants in
needed to substantiate
effective
access
to
need
of
special
the
application
for
procedures
and
procedural guarantees
international protection.
presenting the elements
before a first instance
needed to substantiate
decision is taken. Those
the
application
for
applicants
should
be
international protection.
provided with adequate
support in order to create
the conditions necessary
for their effective access
to
procedures
and
presenting the elements
needed to substantiate
the
application
for
international protection.
(24)
National
measures (24)
National
measures (24)
National
measures Pending.
dealing
with
dealing
with
dealing
with
identification
and
identification
and
identification
and Related to Articles 18(4)
and 24
documentation
of
documentation
of
documentation
of and the Istanbul Protocol.
symptoms and signs of
symptoms and signs of
symptoms and signs of
torture or other serious
torture or other serious
torture or other serious Agreed to take Council text if
acts
of
physical
or
acts
of
physical
or
acts
of
physical
or good compromise on Article 24.
mental
violence,
mental
violence,
mental
violence, See follow-up note of 20.11.2012.
including acts of sexual
including acts of sexual
including acts of sexual
violence, in procedures
violence, in procedures
violence, in procedures
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covered by this Directive
covered by this Directive
covered by this Directive
should
inter alia be
should inter alia be based
may […]
based on the
Manual on
on
the
Manual
on
inter alia be based on the
Effective
Investigation
Effective
Investigation
Manual
on
Effective
and Documentation of
and Documentation of
Investigation
and
Torture and Other Cruel,
Torture and Other Cruel,
Documentation
of
Inhuman or Degrading
Inhuman or Degrading
Torture and Other Cruel,
Treatment or Punishment
Treatment or Punishment
Inhuman or Degrading
(Istanbul Protocol).
(Istanbul Protocol).
Treatment or Punishment
(Istanbul Protocol).
(25)
With a view to ensuring (25)
With a view to ensuring (25)
With a view to ensuring Agreed to take COM/Council
substantive
equality
substantive
equality
substantive
equality text. See shadow meeting of
between female and male
between female and male
between female and male 8.11.2012, note for the shadows,
applicants,
examination
applicants,
examination
applicants,
examination page 4.
procedures
should
be
procedures
should
be
procedures
should
be
gender
sensitive.
In
gender
sensitive.
In
gender
sensitive.
In
particular,
personal
particular,
personal
particular,
personal
interviews
should
be
interviews
should
be
interviews
should
be
organised
in
a
way
organised
in
a
way
organised
in
a
way
which makes its possible
which makes its possible
which makes its possible
for both female and male
for both female and male
for both female and male
applicants to speak about
applicants to speak about
applicants to speak about
their past experiences in
their past experiences in
their past experiences in
cases involving gender
cases involving gender
cases involving gender
based persecution. The
based persecution
to an
based persecution. The
complexity
of
gender
interviewer of the same
complexity
of
gender
related claims should be
sex if so requested, who
related claims should be
properly
taken
into
has specific training on
properly
taken
into
account in procedures
the issue of interviews
account in procedures
based on the safe third
regarding gender-based
based on the safe third
country concept, the safe
persecution.
The
country concept, the safe
country of origin concept
complexity
of
gender
country of origin concept
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or
the
notion
of
related claims should be
or
the
notion
of
subsequent applications.
properly
taken
into
subsequent applications.
account in procedures
based on the safe third
country concept, the safe
country of origin concept
or
the
notion
of
subsequent applications.
(26)
The best interests of the (26)
The best interests of the (26)
The best interests of the Identical
child
should
be
a
child
should
be
a
child
should
be
a
primary consideration of
primary consideration of
primary consideration of
Member
States when
Member
States when
Member
States when
implementing
this
implementing
this
implementing
this
Directive, in line with
Directive, in line with
Directive, in line with
the
Charter
of
the
Charter
of
the
Charter
of
Fundamental Rights of
Fundamental Rights of
Fundamental Rights of
the European Union and
the European Union and
the European Union and
the 1989 United Nations
the 1989 United Nations
the 1989 United Nations
Convention
on
the
Convention
on
the
Convention
on
the
Rights of the Child.
Rights of the Child.
Rights of the Child.
(27)
Procedures
for (27)
Procedures
for (27)
Procedures
for Agreed to take COM/Council
examining
international
examining
international
examining
international text. See shadow meeting of
protection needs should
protection needs should
protection needs should 8.11.2012, note for the shadows,
be organised in a way
be organised in a way
be organised in a way page 4.
that makes it possible for
that makes it possible for
that makes it possible for
the competent authorities
the
determining
the competent authorities
to conduct a rigorous
authorities to conduct a
to conduct a rigorous
examination
of
rigorous examination of
examination
of
applications
for
applications
for
applications
for
international protection.
international protection.
international protection.
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(28)
Where
an
applicant (28)
Where
an
applicant (28)
Where
an
applicant Identical
makes
a
subsequent
makes
a
subsequent
makes
a
subsequent
application
without
application
without
application
without
presenting new evidence
presenting new evidence
presenting new evidence
or arguments, it would
or arguments, it would
or arguments, it would
be
disproportionate to
be
disproportionate to
be
disproportionate to
oblige Member States to
oblige Member States to
oblige Member States to
carry out a new full
carry out a new full
carry out a new full
examination
procedure.
examination
procedure.
examination
procedure.
In these cases, Member
In these cases, Member
In these cases, Member
States should be able
States should be able to
States should be able
to dismiss an application
dismiss an application as
to dismiss an application
as
inadmissible
in
inadmissible
in
as
inadmissible
in
accordance with the
res
accordance with the res
accordance with the
res
judicata
principle
judicata principle.
judicata
principle
have
a
choice
of
have
a
choice
of
procedure
involving
procedure
involving
exceptions
to
the
exceptions
to
the
guarantees
normally
guarantees
normally
enjoyed by the applicant.
enjoyed by the applicant.
(28a)
With respect to the
Pending.
involvement
of
the
personnel of another
Related to
Articles 14(1) and
authority than that of
31(3) and Article 49.
the
determining
authority in conducting
*
interviews
on
the
substance
of
an
The technical group suggest the
following compromise proposal:
application, the notion
of "timely" as referred
(28a) With respect to the
in article 14(1)2 shall be
involvement of the personnel of
assessed against the
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time limits foreseen in
another authority than that of
Article
31.
The
the determining authority in
determining
authority
conducting interviews on the
shall demonstrate that it
substance of an application, the
has insufficient capacity
notion of "timely" as referred in
to
ensure
that
an
article 14(1)2 shall be assessed
interview
on
the
against the time limits foreseen
substance
can
be
in Article 31.
conducted within a time
frame that enables the
Political red line.
authorities to conclude
the procedure within the
(procedural derogation in case
time-limit as laid down
of large numbers of asylum
in Article 31(3).
applications)
(29)
Many
asylum (29)
Many applications for (29)
Many
asylum Identical
applications
for
international
protection
applications
for
international
are made at the border or
international
protection are made at
in a transit zone of a
protection are made at
the border or in a transit
Member State prior to a
the border or in a transit
zone of a Member State
decision on the entry of
zone of a Member State
prior to a decision on the
the applicant. Member
prior to a decision on the
entry of the applicant.
States should be able to
entry of the applicant.
Member States should be
provide for admissibility
Member States should be
able to provide for
and/or
substantive
able to provide for
admissibility
and/or
examination
procedures
admissibility
and/or
substantive
examination
which make it possible
substantive
examination
procedures which make
to decide on applications
procedures which make
it possible to decide on
made at the border or in
it possible to decide on
applications made at the
transit zones at those
applications made at the
border or in transit zones
locations in well-defined
border or in transit zones
at those locations in
circumstances.
at those locations in
well-defined
well-defined
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circumstances
keep
circumstances
keep
existing
procedures
existing
procedures
adapted to the specific
adapted to the specific
situation
of
these
situation
of
these
applicants at the border.
applicants at the border.
Common rules should be
Common rules should be
defined
on
possible
defined
on
possible
exceptions made in these
exceptions made in these
circumstances
to
the
circumstances
to
the
guarantees
normally
guarantees
normally
enjoyed by applicants.
enjoyed by applicants.
Border
procedures
Border
procedures
should mainly apply to
should mainly apply to
those applicants who do
those applicants who do
not meet the conditions
not meet the conditions
for
entry
into
the
for
entry
into
the
territory of the Member
territory of the Member
States.
States.
Pending
EP compromise suggestion
Related to Article 31(3)(d)
(29a) In determining whether a
situation of uncertainty prevails
in the country of origin of an
applicant, Member States should
ensure that they obtain precise
and up-to-date information from
EASO, the UNHCR, the Council
of Europe and other relevant
international organisations.
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Member States should ensure
that this postponement of
conclusion of the procedure is
applied in full compliance with
their obligations under the
Qualification Directive and
Article 41 EU Charter on
Fundamental Rights as well as
the principles of efficiency and
fairness underlying this (APD)
directive.
(30)
A key consideration for (30)
A key consideration for (30)
A key consideration for Identical
the well-foundedness of
the well-foundedness of
the well-foundedness of
an
asylum
application
an
application
for
an
asylum
application
for
international
international
protection
for
international
protection
is
the
is the safety of the
protection
is
the
safety of the applicant in
applicant
in
his/her
safety of the applicant in
his/her country of origin.
country of origin. Where
his/her country of origin.
Where a third country
a third country can be
Where a third country
can be regarded as a safe
regarded
as
a
safe
can be regarded as a safe
country
of
origin,
country
of
origin,
country
of
origin,
Member States should be
Member States should be
Member States should be
able to designate it as
able to designate it as
able to designate it as
safe and presume its
safe and presume its
safe and presume its
safety for a particular
safety for a particular
safety for a particular
applicant, unless he/she
applicant, unless he/she
applicant, unless he/she
presents
serious
presents
presents
serious
counter-indications.
counter-indications.
counter-indications.
(31)
Given
the
level
of (31)
Given
the
level
of (31)
Given
the
level
of Identical
harmonisation
achieved
harmonisation
achieved
harmonisation
achieved
on the qualification of
on the qualification of
on the qualification of
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third country nationals
third country nationals
third country nationals
and stateless persons as
and stateless persons as
and stateless persons as
refugees,
common
refugees,
common
refugees,
common
criteria for designating
criteria for designating
criteria for designating
third countries as safe
third countries as safe
third countries as safe
countries
of
origin
countries
of
origin
countries
of
origin
should be established.
should be established.
should be established.
Where the Council has
Where the Council has
satisfied itself that those
satisfied itself that those
criteria
are
met
in
criteria
are
met
in
relation to a particular
relation to a particular
country of origin, and
country of origin, and
has
consequently
has
consequently
included
it
in
the
included
it
in
the
minimum common list of
minimum common list of
safe countries of origin
safe countries of origin
to be adopted pursuant to
to be adopted pursuant to
this Directive, Member
this Directive, Member
States should be obliged
States should be obliged
to consider applications
to consider applications
of
persons
with the
of
persons
with the
nationality
of
that
nationality
of
that
country, or of stateless
country, or of stateless
persons
formerly
persons
formerly
habitually resident in that
habitually resident in that
country, on the basis of
country, on the basis of
the
rebuttable
the
rebuttable
presumption of the safety
presumption of the safety
of that country. In the
of that country. In the
light
of
the
political
light
of
the
political
importance
of
the
importance
of
the
designation
of
safe
designation
of
safe
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countries of origin, in
countries of origin, in
particular in view of the
particular in view of the
implications
of
an
implications
of
an
assessment of the human
assessment of the human
rights
situation
in
a
rights
situation
in
a
country of origin and its
country of origin and its
implications
for
the
implications
for
the
policies of the European
policies of the European
Union in the field of
Union in the field of
external
relations,
the
external
relations,
the
Council should take any
Council should take any
decisions
on
the
decisions
on
the
establishment
or
establishment
or
amendment of the list,
amendment of the list,
after consultation of the
after consultation of the
European Parliament.
European Parliament.
(32)
It results from the status
(32)
It results from the status
of Bulgaria and Romania
of Bulgaria and Romania
as candidate countries
as candidate countries
for accession to the
for accession to the
European Union and the
European Union and the
progress made by these
progress made by these
countries
towards
countries
towards
membership
that they
membership
that they
should be regarded as
should be regarded as
constituting
safe
constituting
safe
countries of origin for
countries of origin for
the purposes of this
the purposes of this
Directive until the date
Directive until the date
of their accession to the
of their accession to the
European Union.
European Union.
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(33)
The designation of a (33)
The designation of a (33)
The designation of a Identical
third country as a safe
third country as a safe
third country as a safe
country of origin for the
country of origin for the
country of origin for the
purposes
of
this
purposes
of
this
purposes
of
this
Directive
cannot
Directive
cannot
Directive
cannot
establish
an
absolute
establish
an
absolute
establish
an
absolute
guarantee of safety for
guarantee of safety for
guarantee of safety for
nationals of that country.
nationals of that country.
nationals of that country.
By its very nature, the
By its very nature, the
By its very nature, the
assessment
underlying
assessment
underlying
assessment
underlying
the designation can only
the designation can only
the designation can only
take into account the
take into account the
take into account the
general civil, legal and
general civil, legal and
general civil, legal and
political
circumstances
political
circumstances
political
circumstances
in
that
country
and
in
that
country
and
in
that
country
and
whether
actors
of
whether
actors
of
whether
actors
of
persecution, torture or
persecution, torture or
persecution, torture or
inhuman
or degrading
inhuman
or degrading
inhuman
or degrading
treatment or punishment
treatment or punishment
treatment or punishment
are subject to sanction in
are subject to sanction in
are subject to sanction in
practice
when
found
practice
when
found
practice
when
found
liable in the country
liable in the country
liable in the country
concerned.
For
this
concerned.
For
this
concerned.
For
this
reason, it is important
reason, it is important
reason, it is important
that, where an applicant
that, where an applicant
that, where an applicant
shows that there are
shows that there are
shows that there are
valid
serious
valid reasons to consider
valid
serious
reasons to consider the
the country not to be safe
reasons to consider the
country not to be safe in
in
his/her
particular
country not to be safe in
his/her
particular
circumstances,
the
his/her
particular
circumstances,
the
designation
of
the
circumstances,
the
designation
of
the
country as safe can no
designation
of
the
country as safe can no
longer
be
considered
country as safe can no
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longer
be
considered
relevant for him/her.
longer
be
considered
relevant for him/her.
relevant for him/her.
(34)
Member States should (34)
Member States should (34)
Member States should Agreed to take COM/Council
examine all applications
examine all applications
examine all applications text. See shadow meeting of
on the substance, i.e.
on the substance, i.e.
on the substance, i.e. 8.11.2012, note for the shadows,
assess
whether
the
assess
whether
the
assess
whether
the page 4.
applicant
in
question
applicant
in
question
applicant
in
question
qualifies
for
qualifies for international
qualifies
for
international
protection in accordance
international
protection
as
a
with
Directive
protection
as
a
refugee in accordance
[…/…/EU]
[the
refugee in accordance
with
Directive
Qualification Directive],
with
Directive
[…/…/EU]
[the
except where the present
[…/…/EU]
[the
Qualification
Directive]
Directive
provides
Qualification
Directive]
Council
otherwise, in particular
Council
Directive 2004/83/EC of
where it can be
ensured
Directive 2004/83/EC of
29
April
2004
on
that
another
country
29
April
2004
on
minimum standards for
would
do
the
minimum standards for
the
qualification
and
examination or provide
the
qualification
and
status of third country
effective protection. In
status of third country
nationals
or
stateless
particular,
Member
nationals
or
stateless
persons as refugees or as
States should not be
persons as refugees or as
persons who otherwise
obliged to assess the
persons who otherwise
need
international
substance
of
an
need
international
protection
and
the
application
for
protection
and
the
content of the protection
international
protection
content of the protection
granted, except where
where a first country of
granted, except where
the
present
Directive
asylum has granted the
the
present
Directive
provides otherwise, in
applicant refugee status
provides otherwise, in
particular where it can be
or otherwise
accessible
particular where it can be
reasonably assumed that
and effective protection
reasonably assumed that
another country would
and the applicant will be
another country would
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do the examination or
readmitted
to
this
do the examination or
provide
sufficient
country.
Member States
provide
sufficient
protection. In particular,
should proceed in this
protection. In particular,
Member States should
way only in cases where
Member States should
not be obliged to assess
the applicant in question
not be obliged to assess
the substance of an
is safe in the third
the substance of an
asylum application for
country
concerned.
asylum application for
international
[Am. 10]
international
protection where a
protection where a
first country of asylum
first country of asylum
has granted the applicant
has granted the applicant
refugee
status
or
refugee
status
or
otherwise
sufficient
otherwise
sufficient
protection
and
the
protection
and
the
applicant
will
be
applicant
will
be
readmitted
to
this
readmitted
to
this
country.
country.
(35)
Member States should (35)
Member States should (35)
Member States should Identical
also not be obliged to
also not be obliged to
also not be obliged to
assess the substance of
assess the substance of
assess the substance of
an an asylum application
an an application for
an an asylum application
for
international
international
protection
for
international
protection where the
where the applicant, due
protection where the
applicant,
due
to
a
to a sufficient connection
applicant,
due
to
a
sufficient
to a third country as
sufficient
connection to a third
defined by national law,
connection to a third
country as defined by
can
reasonably
be
country as defined by
national
law,
can
expected
to
seek
national
law,
can
reasonably be expected
protection in that third
reasonably be expected
to seek protection in that
country, and there are
to seek protection in that
third
country
, and
grounds for considering
third
country
, and
there are grounds for
that the applicant will be
there are grounds for
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considering
that
the
admitted or re-admitted
considering
that
the
applicant
will
be
to that country. Member
applicant
will
be
admitted or re-admitted
States
should
only
admitted or re-admitted
to
that
country .
proceed on this basis
to
that
country .
Member States should
where
this
particular
Member States should
only proceed on this
applicant would be safe
only proceed on this
basis
where
this
in
the
third
country
basis
where
this
particular
applicant
concerned. In order to
particular
applicant
would be safe in the third
avoid
secondary
would be safe in the third
country concerned. In
movements
of
country concerned. In
order to avoid secondary
applicants,
common
order to avoid secondary
movements
of
principles
for
the
movements
of
applicants,
common
consideration
or
applicants,
common
principles
for
the
designation by Member
principles
for
the
consideration
or
States of third countries
consideration
or
designation by Member
as
safe
should
be
designation by Member
States of third countries
established.
States of third countries
as
safe
should
be
as
safe
should
be
established.
established.
(36)
Furthermore,
with (36) ▌
(36)
Furthermore,
with Pending.
respect
to
certain
respect
to
certain
European third countries,
European third countries, To be discussed on the principle.
which
observe
which
observe
particularly high human
particularly high human Related to
Article 39.
rights
and
refugee
rights
and
refugee
protection
standards,
protection
standards,
Political red line.
Member States should be
Member States should be
(concept of safe third countries)
allowed to not carry out,
allowed to not carry out,
or not to carry out full
or not to carry out full
examination of asylum
examination of asylum
applications
for
applications
for
international
international
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protection
regarding
protection
regarding
applicants
who
enter
applicants
who
enter
their territory from such
their territory from such
European third countries.
European third countries.
Given
the
potential
Given
the
potential
consequences
for
the
consequences
for
the
applicant of a restricted
applicant of a restricted
or omitted examination,
or omitted examination,
this application of the
this application of the
safe
third
country
safe
third
country
concept
should
be
concept
should
be
restricted
to
cases
restricted
to
cases
involving third countries
involving third countries
with respect to which the
with respect to which the
Council
has
satisfied
Council
has
satisfied
itself
that
the
high
itself
that
the
high
standards for the safety
standards for the safety
of
the
third country
of
the
third country
concerned, as set out in
concerned, as set out in
this
Directive,
are
this
Directive,
are
fulfilled.
The
Council
fulfilled.
The
Council
should take decisions in
should take decisions in
this
matter
after
this
matter
after
consultation
of
the
consultation
of
the
European Parliament.
European Parliament.
It
follows
from
the
It
follows
from
the
nature of the common
nature of the common
standards
concerning
standards
concerning
both safe third country
both safe third country
concepts as set out in this
concepts as set out in this
Directive,
that
the
Directive,
that
the
practical effect of the
practical effect of the
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concepts
depends
on
concepts
depends
on
whether the third country
whether the third country
in question permits the
in question permits the
applicant in question to
applicant in question to
enter its territory.
enter its territory.
(37)
In order to facilitate ▌
(37)
In order to facilitate Pending.
regular
exchange
of
regular
exchange
of
information
about
the
information
about
the Related to
Articles 38 and 39.
national application of
national application of
the
safe
country
of
the
safe
country
of
Political red line.
origin, safe third country
origin, safe third country
and European safe third
and European safe third
(concept of safe third countries)
country concepts and to
country concepts and to EP compromise suggestions (37,
prepare possible further
prepare possible further 37a and 37b):
harmonisation
in
the
harmonisation
in
the
future, Member States
future, Member States (37) In order to facilitate
should
notify
or
should
notify
or regular exchange of information
periodically inform the
periodically inform the about the national application of
Commission about the
Commission about the the safe country of origin, safe
third countries to which
third countries to which third country and European safe
these
concepts
are
these
concepts
are third country concepts and to
applied.
applied.
prepare possible further
harmonisation in the future,
Member States should notify or
periodically inform the
Commission about the third
countries to which these concepts
are applied.
When Member States apply such
concepts and draw up their lists,
they should take into account,
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inter alia, the guidelines and
operating manuals referred to in
Article 12 (2) of Regulation (EU)
No 439/2010 and information on
country of origin and activities
referred to in Article 4 of
Regulation (EU) No 439/2010
including EASO Country of
Origin Information report
methodology as well as relevant
UNHCR guidelines.
(37a) In order to have the
designation of safe countries
updated Member States should
conduct regular reviews based
on a range of sources of
information, including in
particular information from
EASO, the UNHCR, the Council
of Europe and other relevant
international organizations.
When Member States become
aware of sudden change in the
human rights situation of any
country designated by them as
safe, they should conduct an
emergency review of that
situation and where applicable,
cease to designate that country
as safe.
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(37b) In order to prepare for
further harmonisation, the
Commission should organise, in
an appropriate manner, a
regular review of the use of the
safe country concepts by
Member States, and inform the
European Parliament of the
results of this review.
(38)
With
respect
to the (38)
With
respect
to the (38)
With
respect
to the Identical
withdrawal of refugee
withdrawal of refugee or
withdrawal of refugee
or
subsidiary
subsidiary
protection
or
subsidiary
protection
status,
status, Member States
protection
status,
Member States should
should
ensure
that
Member States should
ensure
that
persons
persons benefiting from
ensure
that
persons
benefiting
from
international
protection
benefiting
from
international
are duly informed of a
international
protection
refugee
possible
reconsideration
protection
refugee
status are duly informed
of their status and have
status are duly informed
of
a
possible
the opportunity to submit
of
a
possible
reconsideration of their
their
point
of
view
reconsideration of their
status
and have the
before the authorities can
status
and have the
opportunity
to
submit
take a motivated decision
opportunity
to
submit
their
point
of
view
to withdraw their status.
their
point
of
view
before the authorities can
before the authorities can
take a motivated decision
take a motivated decision
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to withdraw their status.
to withdraw their status.
However,
dispensing
However,
dispensing
with these guarantees
with these guarantees
should be allowed where
should be allowed where
the
reasons
for
the
the
reasons
for
the
cessation of the refugee
cessation of the refugee
status is not related to a
status is not related to a
change of the conditions
change of the conditions
on which the recognition
on which the recognition
was based.
was based.
(39)
It
reflects
a
basic (39)
It
reflects
a
basic (39)
It
reflects
a
basic Identical
principle
of
principle of Union law
principle
of
Union
that the decisions taken
Union
Community law that the
on an application for
Community law that the
decisions taken on an
international
protection,
decisions taken on an
application for asylum
the decisions concerning
application for asylum
international
a refusal to re-open the
international
protection, the decisions
examination
of
an
protection, the decisions
concerning a refusal to
application
after
its
concerning a refusal to
re-open the examination
discontinuation, and the
re-open the examination
of an application after its
decisions
on
the
of an application after its
discontinuation,
and
withdrawal of refugee or
discontinuation,
and
the decisions on
subsidiary
protection
the decisions on
the
withdrawal
of
status are subject to an
the
withdrawal
of
refugee or subsidiary
effective remedy before
refugee or subsidiary
protection status are
a court or tribunal.
protection status are
subject to an effective
subject to an effective
remedy before a court or
remedy before a court or
tribunal
within
the
tribunal
within
the
meaning
of
meaning
of
Article 234 of the Treaty.
Article 234 of the Treaty.
The effectiveness of the
The effectiveness of the
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remedy, also with regard
remedy, also with regard
to the examination of the
to the examination of the
relevant facts, depends
relevant facts, depends
on the administrative and
on the administrative and
judicial system of each
judicial system of each
Member State seen as a
Member State seen as a
whole.
whole.
(40)
In
accordance
with (40)
In
accordance
with (40)
In
accordance
with Identical
Article 72
64 of
the
Article 72 of the Treaty
Article 72
64 of
the
Treaty
on
the
on the Functioning of the
Treaty
on
the
Functioning
of
the
European
Union,
this
Functioning
of
the
European
Union,
this
Directive does not affect
European
Union,
this
Directive does not affect
the
exercise
of
the
Directive does not affect
the
exercise
of
the
responsibilities
the
exercise
of
the
responsibilities
incumbent upon Member
responsibilities
incumbent upon Member
States with regard to the
incumbent upon Member
States with regard to the
maintenance of law and
States with regard to the
maintenance of law and
order
and
the
maintenance of law and
order
and
the
safeguarding of internal
order
and
the
safeguarding of internal
security.
safeguarding of internal
security.
security.
Agreed to take COM/Council
text. See shadow meeting of
8.11.2012, note for the shadows,
page 4.
(40a) Directive 95/46 of the
European Parliament
and of the Council of 24
October 1995 on the
protection of individuals
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with regard to the
processing of personal
data and on the free
movement of such data
governs the processing of
personal data carried out
in the Member States
pursuant to this
Directive.
(41)
This Directive does not (41)
This Directive does not (41)
This Directive does not Identical
deal
with
procedures
deal
with
procedures
deal
with
procedures
between
Member
between Member States
between
Member
States governed by
governed by Regulation
States governed by
Council Regulation (EC)
(EU)
No
[…/…]
Council Regulation (EC)
No 343/2003
of
18
[establishing the criteria
No 343/2003
of
18
February
2003
and
mechanisms
for
February
2003
Regulation
(EU)
No
determining the Member
Regulation
(EU)
No
[…/…] [establishing the
state
responsible
for
[…/…] [establishing the
criteria and mechanisms
examining an application
criteria and mechanisms
for
determining
the
for
international
for
determining
the
Member
state
protection lodged in one
Member
state
responsible
for
of the Member States by
responsible
for
examining
an
asylum
a third-country national
examining
an
asylum
application
for
or a stateless person] (the
application
for
international
Dublin Regulation).
international
protection lodged in
protection lodged in
one
of the Member
one
of the Member
States by a third-country
States by a third-country
national or a stateless
national or a stateless
person ] (the Dublin
person ] (the Dublin
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Regulation).
Regulation).
(42)
Applicants with regard to (42)
Applicants with regard to […]
Pending (Dublin issue).
whom Regulation (EU)
whom Regulation (EU)
No […/…] [the Dublin
No […/…] [the Dublin
Regulation]
applies
Regulation]
applies
should enjoy access to
should enjoy access to
the basic principles and
the basic principles and
guarantees set out in this
guarantees set out in this
Directive and to the
Directive and to the
special
guarantees
special
guarantees
pursuant to Regulation
pursuant to Regulation
(EU) No […/…] [the
(EU) No […/…] [the
Dublin Regulation].
Dublin Regulation].
(43)
The implementation of (43)
The implementation of (43)
The implementation of Identical
this Directive should be
this Directive should be
this Directive should be
evaluated
at
regular
evaluated
at
regular
evaluated
at
regular
intervals not exceeding
intervals.
intervals not exceeding
two years.
two years.
(44)
Since the objectives of (44)
Since the objectives of (44)
Since the objectives of Identical
this Directive, namely to
this Directive cannot be
this Directive, namely to
establish
minimum
sufficiently achieved by
establish
minimum
standards on procedures
the Member States and
standards on procedures
in Member States for
can therefore, by reason
in Member States for
granting
and
of the scale and effects
granting
and
withdrawing
refugee
of the action, be better
withdrawing
refugee
status
cannot
be
achieved at Union level,
status
cannot
be
sufficiently achieved by
the Union may adopt
sufficiently achieved by
the Member States and
measures, in accordance
the Member States and
can therefore, by reason
with the principle of
can therefore, by reason
of the scale and effects
subsidiarity as set out in
of the scale and effects
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of the action, be better
Article 5 of the Treaty on
of the action, be better
achieved
at
European
Union.
In
achieved
at
Union
accordance
with
the
Union
Community
level,
the
principle
of
Community
level,
the
Union
proportionality,
as
set
Union
Community may adopt
out in that Article, this
Community may adopt
measures, in accordance
Directive does not go
measures, in accordance
with the principle of
beyond what is necessary
with the principle of
subsidiarity as set out in
in order to achieve that
subsidiarity as set out in
Article 5 of the Treaty on
objective.
Article 5 of the Treaty on
European
Union.
In
European
Union.
In
accordance
with
the
accordance
with
the
principle
of
principle
of
proportionality,
as
set
proportionality,
as
set
out in that Article, this
out in that Article, this
Directive does not go
Directive does not go
beyond what is necessary
beyond what is necessary
in order to achieve that
in order to achieve that
objective.
objective.
(44a) In accordance with the Agreed to take COM/Council
Joint
Political text. See shadow meeting of
Declaration of Member 8.11.2012, note for the shadows,
States
and
the page 4.
Commission
on
explanatory
documents
of 28 September 2011,
Member
States
have
undertaken
to
accompany, in justified
cases, the notification of
their
transposition
measures with one or
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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
In
accordance
with
Article 3 of the Protocol
Article 3 of the Protocol
on the position of the
on the position of the
United
Kingdom
and
United
Kingdom
and
Ireland, annexed to the
Ireland, annexed to the
Treaty
on
European
Treaty
on
European
Union and to the Treaty
Union and to the Treaty
establishing
the
establishing
the
European
Community,
European
Community,
the United Kingdom has
the United Kingdom has
notified, by letter of
notified, by letter of
24 January 2001, its wish
24 January 2001, its wish
to take part in the
to take part in the
adoption and application
adoption and application
of this Directive.
of this Directive.
In
accordance
with
In
accordance
with
Article 3 of the Protocol
Article 3 of the Protocol
on the position of the
on the position of the
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United
Kingdom
and
United
Kingdom
and
Ireland, annexed to the
Ireland, annexed to the
Treaty
on
European
Treaty
on
European
Union and to the Treaty
Union and to the Treaty
establishing
the
establishing
the
European
Community,
European
Community,
Ireland has notified, by
Ireland has notified, by
letter
of
letter
of
14 February 2001,
its
14 February 2001,
its
wish to take part in the
wish to take part in the
adoption and application
adoption and application
of this Directive.
of this Directive.
(45)
In
accordance
with (45)
In
accordance
with (45)
In
accordance
with Agreed to take Com/Council text.
Article 4a(1) of Protocol
Article 4a(1) of Protocol
Articles 1, 2 and
No. 21 on the position of
No. 21 on the position of
Article 4a(1) of Protocol See shadow meeting of
the United Kingdom and
the United Kingdom and
( No. 21 ) on 11 October 2012, note I, page 10.
Ireland in respect of the
Ireland in respect of the
the
position
of
the
Area
of
Freedom,
Area
of
Freedom,
United
Kingdom
and
Security
and
Justice,
Security
and
Justice,
Ireland in respect of the
annexed to the Treaty on
annexed to the Treaty on
Area
of
Freedom,
European Union and the
European Union and the
Security
and
Justice,
Treaty
on
the
Treaty
on
the
annexed to the Treaty on
Functioning
of
the
Functioning
of
the
European Union and the
European
Union,
and
European
Union,
and
Treaty
on
the
without
prejudice
to
without
prejudice
to
Functioning
of
the
paragraph
2
of that
paragraph
2
of that
European
Union,
and
Article, so long as the
Article, so long as the
without
prejudice
to
United
Kingdom
and
United
Kingdom
and
[…] Article 4 of
Ireland have not notified
Ireland have not notified
that
Protocol,
the
their wish to accept this
their wish to accept this
United
Kingdom
and
measure, in accordance
measure, in accordance
Ireland are not taking
with Article 4 of that
with Article 4 of that
part in the adoption of
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Protocol, they are not
Protocol, they are not
this
Directive
and
bound by it and continue
bound by it and continue
[…] are not bound
to be bound by Directive
to be bound by Directive
by it or subject to its
2005/85/EC.
2005/85/EC.
application […] .
(46)
In
accordance
with (46)
In
accordance
with (46)
In
accordance
with Identical
Articles 1 and 2 of the
Articles 1 and 2 of the
Articles 1 and 2 of the
Protocol on the position
Protocol on the position
Protocol on the position
of Denmark, annexed to
of Denmark, annexed to
of Denmark, annexed to
the Treaty on European
the Treaty on European
the Treaty on European
Union and to the Treaty
Union and to the Treaty
Union and to the Treaty
on the Functioning of the
on the Functioning of the
on the Functioning of the
European
European
Union,
European
Union establishing
the
Denmark does not take
Union establishing
the
European
Community,
part in the adoption of
European
Community,
Denmark does not take
this Directive and is not
Denmark does not take
part in the adoption of
bound by it or subject to
part in the adoption of
this Directive and is not
its application.
this Directive and is not
bound by it or subject to
bound by it or subject to
its application.
its application.
(47)
This Directive respects (47)
This Directive respects (47)
This Directive respects Pending.
the fundamental rights
the fundamental rights
the fundamental rights
and
observes
the
and
observes
the
and
observes
the Council
is
considering
EP
principles recognised in
principles recognised by
principles recognised in amendment (addition of Article 4
particular by the Charter
the
Charter
of
particular by the Charter of the Charter).
of Fundamental Rights
Fundamental Rights of
of Fundamental Rights
of the European Union.
the European Union. In
of the European Union.
In
particular,
this
particular, this Directive
In
particular,
this
Directive seeks to ensure
seeks
to ensure full
Directive seeks to ensure
full respect for human
respect
for
human
full respect for human
dignity and to promote
dignity and to promote
dignity and to promote
the
application
of
the
application
of
the
application
of
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Articles 1, 18, 19, 21, 23,
Articles 1,
4,18, 19, 21,
Articles 1, 18, 19, 21, 23,
24, and 47 of the Charter
23, 24, and 47 of the
24, and 47 of the Charter
and
has
to
be
Charter and has to be
and
has
to
be
implemented
implemented
implemented
accordingly.
accordingly.
accordingly.
(48)
The
obligation
to (48)
The
obligation
to (48)
The
obligation
to Identical
transpose this Directive
transpose this Directive
transpose this Directive
into national law should
into national law should
into national law should
be confined to those
be confined to those
be confined to those
provisions
which
provisions
which
provisions
which
represent a substantive
represent a substantive
represent a substantive
change as compared with
change as compared with
change as compared with
the earlier Directive. The
the earlier Directive. The
the earlier Directive. The
obligation to transpose
obligation to transpose
obligation to transpose
the provisions which are
the provisions which are
the provisions which are
unchanged arises under
unchanged arises under
unchanged arises under
the earlier Directive.
the earlier Directive.
the earlier Directive.
(49)
This Directive should be (49)
This Directive should be (49)
This Directive should be Identical
without prejudice to the
without prejudice to the
without prejudice to the
obligations
of
the
obligations
of
the
obligations
of
the
Member States relating
Member States relating
Member States relating
to
the
time-limit for
to
the
time-limit for
to
the
time-limit for
transposition
into
transposition
into
transposition
into
national
law
of
the
national
law
of
the
national
law
of
the
Directive
set
out
in
Directive
set
out
in
Directive
set
out
in
Annex II, Part B.
Annex II, Part B.
Annex II, Part B.
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HAVE
ADOPTED
THIS HAVE
ADOPTED
THIS HAVE
ADOPTED
THIS
DIRECTIVE,
DIRECTIVE:
DIRECTIVE,
CHAPTER I
CHAPTER I
CHAPTER I
GENERAL PROVISIONS
GENERAL PROVISIONS
GENERAL PROVISIONS
Article 1
Article 1
Article 1
Purpose
Purpose
Purpose
The purpose of this Directive is to The purpose of this Directive is to The purpose of this Directive is to Agreed to take Council text.
establish common minimum establish common procedures for establish common minimum
standards
on
procedures
in granting
and
withdrawing standards
on
procedures
in (for harmonisation with Article
Member States for granting and international protection status by Member States for granting and 2(a) QD)
withdrawing
international virtue of Directive […/…/EU] withdrawing
international
protection status by virtue of [the Qualification Directive].
protection […] by virtue of
Directive
[…/…/EU]
[the
Directive
[…/…/EU]
[the
Qualification
Directive]
Qualification
Directive]
refugee status.
refugee status.
Article 2
Article 2
Article 2
Definitions
Definitions
Definitions
For the purposes of this Directive:
For the purposes of this Directive: For the purposes of this Directive:
Identical
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(a)
"Geneva
Convention" (a)
"Geneva
Convention" (a)
"Geneva
Convention" Identical
means the Convention of
means the Convention of
means the Convention of
28 July 1951 relating to
28 July 1951 relating to
28 July 1951 relating to
the status of refugees, as
the status of refugees, as
the status of refugees, as
amended by the New
amended by the New
amended by the New
York
Protocol
of
York
Protocol
of
York
Protocol
of
31 January 1967;
31 January 1967;
31 January 1967;
(b)
"application"
or
(b)
"application"
or
"application for asylum"
"application for asylum"
means
an
application
means
an
application
made by a third country
made by a third country
national
or
stateless
national
or
stateless
person which can be
person which can be
understood as a request
understood as a request
for
international
for
international
protection
from
a
protection
from
a
Member State under the
Member State under the
Geneva Convention. Any
Geneva Convention. Any
application
for
application
for
international
protection
international
protection
is presumed to be an
is presumed to be an
application for asylum,
application for asylum,
unless
the
person
unless
the
person
concerned
explicitly
concerned
explicitly
requests another kind of
requests another kind of
protection that can be
protection that can be
applied for separately;
applied for separately;
(b)
"application"
or (b)
"application"
or (b)
"application"
or Identical
"application
for
"application
for
"application
for
international
protection"
international
protection"
international
protection"
means a request made by
means a request made by
means a request made by
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a third country national
a third country national
a third country national
or a stateless person for
or a stateless person for
or a stateless person for
protection
from
a
protection
from
a
protection
from
a
Member State, who can
Member State, who can
Member State, who can
be understood to seek
be understood to seek
be understood to seek
refugee
status
or
refugee
status
or
refugee
status
or
subsidiary
protection
subsidiary
protection
subsidiary
protection
status, and who does not
status, and who does not
status, and who does not
explicitly request another
explicitly request another
explicitly request another
kind
of
protection
kind
of
protection
kind
of
protection
outside the scope of
outside the scope of
outside the scope of
Directive
[…/…/EU]
Directive
[…/…/EU]
Directive
[…/…/EU]
[the
Qualification
[the
Qualification
[the
Qualification
Directive], that can be
Directive], that can be
Directive], that can be
applied for separately;
applied for separately;
applied for separately;
(c)
"applicant" or "applicant (c)
"applicant" or "applicant (c)
"applicant" or "applicant Identical
for
international
for
international
for
international
protection
asylum"
protection" means a third
protection
asylum"
means a third country
country
national
or
means a third country
national
or
stateless
stateless person who has
national
or
stateless
person who has made an
made an application for
person who has made an
application
for
international
protection
application
for
international
in respect of which a
international
protection asylum in
final decision has not yet
protection asylum in
respect of which a final
been taken;
respect of which a final
decision has not yet been
decision has not yet been
taken;
taken;
(d)
"applicant in need of (d)
"applicant in need of (d)
"applicant in need of Pending.
special
procedural
special
procedural
special
procedural
guarantees" means an
guarantees" means an
guarantees" means an Related to
Article 24 and Recital
applicant who due to
applicant who due to
applicant
whose
(23) (identification mechanism).
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age,
gender,
sexual
age,
gender,
sexual
ability to benefit from
Political, it is part of a red line.
orientation,
gender
orientation,
gender
the rights and comply
identity,
disability,
identity,
disability,
with
the
obligations
(effective identification
serious physical illness,
▌physical illness, mental
provided
for
in
this
mechanism of persons with
mental
illness,
post
illness,
post
traumatic
Directive
is limited
special procedural needs)
traumatic disorders or
disorders
or
[…]
due
to
consequences of torture,
consequences of torture,
individual
rape or other serious
rape or other serious
circumstances […] ;
forms of psychological,
forms of psychological,
physical
or
sexual
physical
or
sexual
violence is in need of
violence is in need of
special
guarantees
in
special
guarantees
in
order to benefit from the
order to benefit from the
rights and comply with
rights and comply with
the obligations provided
the obligations provided
for in this Directive;
for in this Directive;
(e d)
"final decision" means a (e)
"final decision" means a (ed)
"final decision" means a Identical
decision on whether the
decision on whether the
decision on whether the
third country national or
third country national or
third country national or
stateless
person
be
stateless
person
be
stateless
person
be
granted
refugee or
granted
refugee
or
granted
refugee or
subsidiary
protection
subsidiary
protection
subsidiary
protection
status
by
virtue
of
status
by
virtue
of
status
by
virtue
of
Directive
[…/…/EU]
Directive
[…/…/EU]
Directive
[…/…/EU]
[the
Qualification
[the
Qualification
[the
Qualification
Directive] 2004/83/EC
Directive] and which is
Directive] 2004/83/EC
and which is no longer
no longer subject to a
and which is no longer
subject to a remedy
remedy
within
the
subject to a remedy
within the framework of
framework of Chapter V
within the framework of
Chapter V
of
this
of
this
Directive
Chapter V
of
this
Directive irrespective of
irrespective of whether
Directive irrespective of
whether such remedy has
such remedy has the
whether such remedy has
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the effect of allowing
effect
of
allowing
the effect of allowing
applicants to remain in
applicants to remain in
applicants to remain in
the
Member
States
the
Member
States
the
Member
States
concerned pending its
concerned pending its
concerned pending its
outcome,
subject
to
outcome;
outcome,
subject
to
Annex III
of
this
Annex III
of
this
Directive;
Directive;
(f e)
"determining
authority" (f)
"determining
authority" (fe)
"determining
authority" Identical
means any quasi-judicial
means any quasi-judicial
means any quasi-judicial
or administrative body in
or administrative body in
or administrative body in
a
Member
State
a
Member
State
a
Member
State
responsible
for
responsible
for
responsible
for
examining
applications
examining
applications
examining
applications
for
international
for
international
for
international
protection
asylum
protection competent to
protection
asylum
competent
to
take
take
decisions
at
competent
to
take
decisions at first instance
first instance
in
such
decisions at first instance
in such cases, subject to
cases;
in such cases, subject to
Annex I;
Annex I;
(g f)
"refugee" means a third (g)
"refugee" means a third (gf)
"refugee" means a third Identical
country national or a
country national or a
country national or a
stateless
person
who
stateless
person
who
stateless
person
who
fulfils the requirements
fulfils the requirements
fulfils the requirements
of
Article
2(d)
of
of
Article
2(d)
of
of
Article
2(d)
of
Directive
[…/…/EU]
Directive
[…/…/EU]
Directive
[…/…/EU]
[the
Qualification
[the
Qualification
[the
Qualification
Directive] 1
of
the
Directive];
Directive] 1
of
the
Geneva Convention as
Geneva Convention as
set
out
in
Directive
set
out
in
Directive
2004/83/EC;
2004/83/EC;
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(h)
"person
eligible
for (h)
"person
eligible
for (h)
"person
eligible
for Identical
subsidiary
protection"
subsidiary
protection"
subsidiary
protection"
means a third country
means a third country
means a third country
national or a stateless
national or a stateless
national or a stateless
person who fulfils the
person who fulfils the
person who fulfils the
requirements of Article
requirements of Article
requirements of Article
2(f)
of
Directive
2(f)
of
Directive
2(f)
of
Directive
[…/…/EU]
[the
[…/…/EU]
[the
[…/…/EU]
[the
Qualification Directive];
Qualification Directive];
Qualification Directive];
(i)
"international
protection (i)
"international
protection (i)
"international
protection Agreed to take COM/Council
status"
means
the
status"
means
the
[…] " means the text. See shadow meeting of
recognition by a Member
recognition by a Member
recognition by a Member 8.11.2012, note for the shadows,
State of a third country
State of a third country
State of a third country page 4.
national or a stateless
national or a stateless
national or a stateless
person as a refugee or a
person as a refugee or a
person as a refugee or a
person
eligible
for
person
eligible
for
person
eligible
for
subsidiary protection;
subsidiary protection;
subsidiary protection;
(j g)
"refugee status" means (j)
"refugee status" means (jg)
"refugee status" means Identical.
the recognition by a
the recognition by a
the recognition by a
Member State of a third
Member State of a third
Member State of a third
country
national
or
country
national
or a
country
national
or
a stateless person
stateless person as a
a stateless person
as a refugee;
refugee;
as a refugee;
(k)
"subsidiary
protection (k)
"subsidiary
protection (k)
"subsidiary
protection Identical.
status"
means
the
status"
means
the
status"
means
the
recognition by a Member
recognition by a Member
recognition by a Member
State of a third country
State of a third country
State of a third country
national or a stateless
national or a stateless
national or a stateless
person
as
a
person
person
as
a
person
person
as
a
person
eligible
for
subsidiary
eligible
for
subsidiary
eligible
for
subsidiary
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protection;
protection;
protection;
(l)
"minor" means a third (l)
"minor" means a third (l)
"minor" means a third Identical.
country national or a
country national or a
country national or a
stateless person below
stateless person below
stateless person below
the age of 18 years;
the age of 18 years;
the age of 18 years;
(m h)
"unaccompanied
minor" (m)
"unaccompanied
minor" (mh)
"unaccompanied
minor" Identical.
means a minor as
means
a
minor
as
means a minor as
defined in Article 2(l) of
defined in Article 2(l) of
defined in Article 2(l) of
Directive
[…/…/EU]
Directive
[…/…/EU]
Directive
[…/…/EU]
[the
Qualification
[the
Qualification
[the
Qualification
Directive] a person
Directive];
Directive] a person
below
the
age
of
below
the
age
of
eighteen who arrives in
eighteen who arrives in
the
territory
of
the
the
territory
of
the
Member
States
Member
States
unaccompanied by an
unaccompanied by an
adult
responsible
for
adult
responsible
for
him/her whether by law
him/her whether by law
or by custom, and for as
or by custom, and for as
long as he/she is not
long as he/she is not
effectively taken into the
effectively taken into the
care of such a person; it
care of such a person; it
includes a minor who is
includes a minor who is
left unaccompanied after
left unaccompanied after
he/she has entered the
he/she has entered the
territory of the Member
territory of the Member
States;
States;
(n i)
"representative" means a (n)
"representative" means a (ni)
"representative" means a Agreed to take COM/Council
person
or
an
person or an organisation
person
or
an text. See shadow meeting of
organisation
appointed
appointed
by
the
organisation
appointed 8.11.2012, note for the shadows,
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by the competent bodies
competent bodies to act
by the competent bodies page 4.
to act as a legal guardian
as a legal guardian in
[…] in
order
to
in order to assist and
order
to
assist
and
assist and represent an
represent
an
represent
an
unaccompanied minor in
unaccompanied minor in
unaccompanied minor in
procedures provided for
procedures provided for
procedures provided for
in this Directive with a
in this Directive with a
in this Directive with a
view to ensuring the
view to ensuring the
view to ensuring the
child's best interests and
child's best interests and
child's best interests and
exercising legal capacity
exercising legal capacity
exercising legal capacity
for the minor where
for the minor where
for the minor where
necessary.
Where
an
necessary.
Where
an
necessary.
Where
an
organisation
is
organisation acts as a
organisation acts as a
appointed […] as
representative, it shall
representative, it shall
a representative, it shall
appoint
a
person
appoint
a
person
designate
responsible for carrying
responsible for carrying
[…] a
person
out the duties of the legal
out the duties of the legal
responsible for carrying
guardian in respect of the
guardian in respect of the
out
the
duties
of
minor,
in
accordance
minor,
in
accordance
[…]
this
with
this
Directive
with this Directive
. The
organisation
person acting on behalf
organisation
has
to
[…] in respect of
of
an
organisation
prove
available
the minor, in accordance
representing
an
capacities to carry out
with
this
Directive
unaccompanied minor as
the duties fully;
person acting on behalf
legal guardian, a person
of
an
organisation
acting on behalf of a
representing
an
national
organisation
unaccompanied minor as
which is responsible for
legal guardian, a person
the care and well-being
acting on behalf of a
of minors, or any other
national
organisation
appropriate
which is responsible for
representation appointed
the care and well-being
to ensure his/her best
of minors, or any other
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interests;
appropriate
representation appointed
to ensure his/her best
interests;
(o j)
"withdrawal
of (o)
"withdrawal
of (oj)
"withdrawal
of Identical.
international
international
protection"
international
protection
refugee
means the decision by a
protection
refugee
status"
means
the
competent authority to
status"
means
the
decision by a competent
revoke, end or refuse to
decision by a competent
authority to revoke, end
renew
refugee
or
authority to revoke, end
or refuse to renew the
subsidiary
protection
or refuse to renew the
refugee or subsidiary
status of a person in
refugee or subsidiary
protection status of a
accordance
protection status of a
person
in
accordance
with Directive
person
in
accordance
with Directive
[…/…/EU]
[the
with Directive
[…/…/EU]
[the
Qualification Directive];
[…/…/EU]
[the
Qualification
Qualification
Directive] 2004/83/EC;
Directive] 2004/83/EC;
(p k)
"remain in the Member (p)
"remain in the Member (pk)
"remain in the Member Identical
State" means to remain
State" means to remain
State" means to remain
in the territory, including
in the territory, including
in the territory, including
at the border or in transit
at the border or in transit
at the border or in transit
zones, of the Member
zones, of the Member
zones, of the Member
State
in
which
the
State
in
which
the
State
in
which
the
application
for
application
for
application
for
international
international
protection
international
protection asylum has
has been made or is
protection asylum has
been made or is being
being examined;
been made or is being
examined;.
examined;.
(q)
"new
facts
and
Agreed to take COM/Council text
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circumstances" means
(deletion). See shadow meeting of
facts
supporting
the
8.11.2012, note for the shadows,
essence of the claim,
page 4.
which could contribute
to the revision of an
earlier decision.
(q)
"subsequent application" (q)
"subsequent application" (q)
"subsequent application" Identical.
means
a
further
means
a
further
means
a
further
application made after a
application made after a
application made after a
final decision has been
final decision has been
final decision has been
taken on a previous
taken on a previous
taken on a previous
application,
including
application,
including
application,
including
cases where the applicant
cases where the applicant
cases where the applicant
has explicitly withdrawn
has explicitly withdrawn
has explicitly withdrawn
his/her application and
his/her application and
his/her application and
cases
where
the
cases
where
the
cases
where
the
determining
authority
determining
authority
determining
authority
has
rejected
an
has
rejected
an
has
rejected
an
application following its
application following its
application following its
implicit
withdrawal
in
implicit
withdrawal
in
implicit
withdrawal
in
accordance with Article
accordance with Article
accordance with Article
28(1).
28(1).
28(1).
Article 3
Article 3
Article 3
Scope
Scope
Scope
1.
This
Directive
shall 1.
This
Directive
shall 1.
This
Directive
shall Identical
apply to all applications
apply to all applications
apply to all applications
for
international
for
international
for
international
protection
asylum
protection made in the
protection
asylum
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made in the territory,
territory, including at the
made in the territory,
including at the border
border, in the territorial
including at the border
, in the territorial
waters or in the transit
, in the territorial
waters or in the transit
zones of the Member
waters or in the transit
zones of the
Member
States,
and
to
the
zones of the
Member
States,
and
to
the
withdrawal
of
States,
and
to
the
withdrawal
of
international
protection
withdrawal
of
international
status.
international
protection
refugee
protection
refugee
status.
status.
2.
This Directive shall not 2.
This Directive shall not 2.
This Directive shall not Identical
apply
in
cases
of
apply
in
cases
of
apply
in
cases
of
requests for diplomatic
requests for diplomatic
requests for diplomatic
or
territorial
asylum
or
territorial
asylum
or
territorial
asylum
submitted
to
submitted
to
submitted
to
representations
of
representations
of
representations
of
Member States.
Member States.
Member States.
3.
Where Member States
3.
Where Member States
employ or introduce a
employ or introduce a
procedure
in
which
procedure
in
which
asylum applications are
asylum applications are
examined
both
as
examined
both
as
applications on the basis
applications on the basis
of
the
Geneva
of
the
Geneva
Convention
and
as
Convention
and
as
applications
for
other
applications
for
other
kinds
of
international
kinds
of
international
protection given under
protection given under
the
circumstances
the
circumstances
defined by Article 15 of
defined by Article 15 of
Directive 2004/83/EC,
Directive 2004/83/EC,
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they shall apply this
they shall apply this
Directive
throughout
Directive
throughout
their procedure.
their procedure.
3. 4.
Moreover,
Member 3.
Member
States
may 3.4.
Moreover,Member
Identical
States may decide to
decide
to
apply this
States may decide to
apply this Directive in
Directive in procedures
apply this Directive in
procedures for deciding
for
deciding
on
procedures for deciding
on applications for any
applications for any kind
on applications for any
kind
of
international
of
international
kind
of
international
protection
falling
protection falling outside
protection
falling
outside of the scope of
of the scope of Directive
outside of the scope of
Directive
[…/…/EU]
[…/…/EU]
[the
Directive
[…/…/EU]
[the
Qualification
Qualification Directive].
[the
Qualification
Directive] .
Directive] .
Compromise by Council accepted
Article 4
Article 4
Article 4
(see shadow meeting of 11
October 2012, point A.4.)
However, the EP amendment to
paragraph 2(b) to insert "reasoned
opinion" remains pending.
Article 4
Responsible authorities
Responsible authorities
Responsible authorities
Responsible authorities
1.
Member
States
shall 1.
Member
States
shall 1.
Member
States
shall 1.
Member
States
shall
designate
for
all
designate
for
all
designate
for
all
designate
for
all
procedures a determining
procedures a determining
procedures a determining
procedures a determining
authority which will be
authority which will be
authority which will be
authority which will be
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responsible
for
an
responsible
for
an
responsible
for
an
responsible
for
an
appropriate examination
appropriate examination
appropriate examination
appropriate examination
of the applications in
of
applications
in
of the applications in
of the applications in
accordance
with
this
accordance
with
this
accordance
with
this
accordance
with
this
Directive, in particular
Directive.
Member
Directive, in particular
Directive, in particular
Articles 8(2)
and
9.
States shall ensure that
Articles 8(2)
and
9.
Articles 8(2)
and
9.
Member States shall
that authority is provided
Member States shall
Member States shall
ensure that that authority
with appropriate means,
ensure that that authority
ensure that that authority
is
provided
with
including
sufficient
is
provided
with
is
provided
with
appropriate
means,
competent
and
appropriate
means,
appropriate
means,
including
sufficient
specialised personnel, to
including
sufficient
including
sufficient
competent personnel, to
carry out its tasks in
competent personnel, to
competent personnel, to
carry out its tasks in
accordance
with
this
carry out its tasks in
carry out its tasks in
accordance
with
this
Directive.
accordance
with
this
accordance
with
this
Directive.
Directive.
Directive.
Agreed to take Com/Council text.
See shadow meeting of
11 October 2012, note I, page 10.
In
accordance
with
In
accordance
with
Article 4(4)
of
Article 4(4)
of
Regulation
(EC)
No
Regulation
(EC)
No
343/2003,
applications
343/2003,
applications
for asylum made in a
for asylum made in a
Member State to the
Member State to the
authorities
of
another
authorities
of
another
Member State carrying
Member State carrying
out immigration controls
out immigration controls
there shall be dealt with
there shall be dealt with
by the Member State in
by the Member State in
whose
territory
the
whose
territory
the
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application is made.
application is made.
2.
However, Member States 2.
Member
States
may 2.
However,Member States Identical
may
provide
that
provide that an authority
may
provide
that
an
another
other than that referred
an
another
authority other than
to in paragraph 1 is
authority other than
that
referred
to
in
responsible
for
the
that
referred
to
in
paragraph
1
is
purposes of:
paragraph
1
is
responsible
for
the
responsible
for
the
purposes of:
purposes of:
(a)
processing cases
(a)
processing
cases
(a)
processing cases Identical
pursuant
to
pursuant
to
pursuant
to
Regulation
(EU)
Regulation
(EU)
Regulation
(EU)
No […/…] [the
No […/…] [the
No […/…] [the
Dublin
Dublin
Dublin
Regulation],
Regulation], and
Regulation],
and processing
and processing
cases in which it is
cases in which it is
considered
to
considered
to
transfer
the
transfer
the
applicant
to
applicant
to
another
State
another
State
according to the
according to the
rules
establishing
rules
establishing
criteria
and
criteria
and
mechanisms
for
mechanisms
for
determining which
determining which
State is responsible
State is responsible
for considering an
for considering an
application
for
application
for
asylum, until the
asylum, until the
transfer takes place
transfer takes place
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or the requested
or the requested
State has refused to
State has refused to
take charge of or
take charge of or
take
back
the
take
back
the
applicant;
applicant;
(b)
taking a decision
(b)
taking a decision
on the application
on the application
in
the
light of
in
the
light of
national
security
national
security
provisions,
provisions,
provided
the
provided
the
determining
determining
authority
is
authority
is
consulted prior to
consulted prior to
this decision as to
this decision as to
whether
the
whether
the
applicant qualifies
applicant qualifies
as a refugee by
as a refugee by
virtue of Directive
virtue of Directive
2004/83/EC;
2004/83/EC;
(c)
conducting
a
(c)
conducting
a
preliminary
preliminary
examination
examination
pursuant
to
pursuant
to
Article 32,
Article 32,
provided
this
provided
this
authority
has
authority
has
access
to
the
access
to
the
applicant's
file
applicant's
file
regarding
the
regarding
the
previous
previous
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application;
application;
(d)
processing cases in
(d)
processing cases in
the framework of
the framework of
the
procedures
the
procedures
provided
for
in
provided
for
in
Article 35(1);
Article 35(1);
(b e) granting
or
(b)
granting
or
(be) granting
or Pending.
refusing
refusing
refusing
permission to enter
permission to enter
permission to enter Addition
of
"reasoned"
still
in the framework
in the framework
in the framework pending.
of the procedure
of the procedure
of the procedure
provided
for
in
provided
for
in
provided
for
in
Article
Article 43, subject
Article
43 35(2)
to
to the conditions
43 35(2)
to
(5), subject to the
and as set out
(5), subject to the
conditions and as
therein and on the
conditions and as
set
out
therein
basis
of
the
set
out
therein
and on the basis
reasoned
opinion
and on the basis
of the opinion of
of the determining
of the opinion of
the
determining
authority.
the
determining
authority. ;
authority. ;
(f)
establishing that an
(f)
establishing that an
applicant
is
applicant
is
seeking to enter or
seeking to enter or
has entered into the
has entered into the
Member State from
Member State from
a safe third country
a safe third country
pursuant
to
pursuant
to
Article 36, subject
Article 36, subject
to the conditions
to the conditions
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and as set out in
and as set out in
that Article.
that Article.
3.
Member
States
shall 3.
Member
States
shall 3.
Member
States
shall 3.
Member
States
shall
ensure that the personnel
ensure that the personnel
ensure that the personnel
ensure that the personnel
of
the
determining
of
the
determining
of
the
determining
of
the
determining
authority
are properly
authority
and of the
authority
are properly
authority
are properly
trained. To that end,
other
competent
trained. To that end,
trained. To that end,
Member
States
shall
authorities are properly
Member
States
shall
Member
States
shall
provide for initial and,
trained. To that end,
provide for […]
provide for […]
where relevant, follow-
Member
States
shall
relevant
[…]
relevant
[…]
up training which shall
provide for initial and ▌
training taking inter
training
which
shall
include
the
elements
follow-up training which
alia […] into
include the elements
listed in Article 6(4) (a)
shall
include
the
account
the
training
listed in Article 6(4) (a)
to (e) of Regulation (EU)
elements listed in Article
established
and
to (e) of Regulation
No 439/2010. Member
6(4)
(a)
to
(e)
of
developed
by
the
(EU)
No
439/2010.
States shall also take into
Regulation
(EU)
No
European
Asylum
Member States shall
account
the
training
439/2010
and
the
Support
Office.
also take
taking inter
established
and
training established and
Persons interviewing
alia […] into
developed
by
the
developed
by
the
applicants pursuant to
account
the
relevant
European
Asylum
European
Asylum
this Directive shall
training established and
Support Office.
Support Office.
As part
also
have acquired
developed
by
the
of the adequate training
general
knowledge of
European
Asylum
of
the
personnel,
[…]
problems
Support
Office.
Member States shall
which could adversely
Persons interviewing
also ensure continuous
affect
the
applicants'
applicants pursuant to
psychological guidance
ability
to
be
this Directive shall
and assistance of the
interviewed , such as
also
have acquired
personnel.
indications of possible
general
knowledge of
past torture. .
[…]
problems
The training shall include, in
which could adversely
particular:
affect
the
applicants'
(a) substantive and procedural
ability
to
be
rules on international
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protection and Human Rights
interviewed , such as
set out in relevant
indications of possible
international and Union
past torture. .
instruments, including the
principles of non-
refoulement and non-
discrimination;
(b) applicants with special
needs, as defined in Article
2(d);
(c) gender,
sexual orientation,
trauma and age awareness
,
with particular attention
being paid to
unaccompanied minors;
(d) use of country of origin
information;
(e) interview technics, including
cross-culture
communication;
(f) identification and
documentation of signs and
symptoms of torture;
(g) evidence assessment,
including the principle of the
benefit of the doubt;
(h) case law issues relevant to
the
examination
of
applications for international
protection.
4. 3.
Where an authority 4.
Where an authority is 4.3.
Where an authority 4.3.
Where an authority
is
authorities
are
designated in accordance
is
authorities
are
is
authorities
are
designated in accordance
with
paragraph 2,
designated in accordance
designated in accordance
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with
paragraph 2,
Member
States
shall
with
paragraph 2,
with
paragraph 2,
Member
States
shall
ensure that the personnel
Member
States
shall
Member
States
shall
ensure that the personnel
of that authority have the
ensure that the personnel
ensure that the personnel
of that authority
appropriate
knowledge
of that authority
of that authority
such authorities have the
and
receive
the
such authorities have the
such authorities have the
appropriate
knowledge
necessary
training
to
appropriate
knowledge
appropriate
knowledge
or receive the necessary
fulfil
their
obligations
or receive the necessary
or receive the necessary
training to fulfil their
when implementing this
training to fulfil their
training to fulfil their
obligations
when
Directive.
obligations
when
obligations
when
implementing
this
implementing
this
implementing
this
Directive.
Directive.
Directive.
5.
Applications
for 5.
Applications
for 5.
Applications
for Identical.
international
protection
international
protection
international
protection
made in a Member State
made in a Member State
made in a Member State
to
the authorities of
to
the authorities of
to
the authorities of
another Member State
another Member State
another Member State
carrying out border or
carrying out border or
carrying out border or
immigration
controls
immigration
controls
immigration
controls
there shall be dealt with
there shall be dealt with
there shall be dealt with
by the Member State in
by the Member State in
by the Member State in
whose
territory
the
whose
territory
the
whose
territory
the
application is made.
application is made.
application is made.
Article 5
Article 5
Article 5
More favourable provisions
More favourable provisions
More favourable provisions
Member States may introduce or Member States may introduce or Member States may introduce or Identical
maintain
more
favourable maintain
more
favourable maintain
more
favourable
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standards
on
procedures
for standards
on
procedures
for standards
on
procedures
for
granting
and
withdrawing granting
and
withdrawing granting
and
withdrawing
international
protection international protection insofar as international
protection
refugee status, insofar as those those standards are compatible refugee status, insofar as those
standards are compatible with this with this Directive.
standards are compatible with this
Directive.
Directive.
CHAPTER II
CHAPTER II
CHAPTER II
BASIC PRINCIPLES AND
BASIC PRINCIPLES AND
BASIC PRINCIPLES AND
GUARANTEES
GUARANTEES
GUARANTEES
Article 6
Article 6
Article 6
Article 6
Pending.
Access to the procedure
Access to the procedure
Access to the procedure
Access to the procedure
1.
Member
States
may 1.
Member
States
may 1.
[…]
It is covered by paragraph 3 of
require that applications
require that applications
Council text:
for
international
for
international
protection asylum be
protection be lodged in
lodged made in
person
and/or
at
a
person
and/or
at
a
designated place, without
designated
place
prejudice to paragraphs
, without prejudice to
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paragraphs 2, 3, and
2, 3, and 4.
4 .
[…] When a person Pending.
makes a request for
international
protection, to an
authority
competent
under national law for
registration
of
such
applications,
the
registration
[…] shall take
place […] no
later than 3 working days
after
the
request
is
made.
If
the
request
for
international
protection is made to
other
authorities
which are […]
likely to receive such
requests,
but
not
competent
for
the
registration
under
national law, Member
States shall ensure that
[…]
the
registration shall take
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place […] no
later than 6 working days
after
the
request
is
made.
Member States shall
ensure that those
[…]
other
authorities
which
are
likely to receive requests
for
international
protection such as
[…] police, border
guards,
immigration
authorities
and
personnel of detention
facilities […] have
the relevant information
and that their personnel
receive
[…]
instructions to inform
applicants where and
how
applications
for
international
protection
may be lodged .
[…]
[…]
2.
Member
States
shall 2.
Member
States
shall 2 […] .
[…]
EP
Amendment
pending
is
ensure that a person who
ensure that a person who
Member
States
shall
linked to
Article 24.
wishes
to
make
an
wishes
to
make
an
ensure that a person
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application
for
application
for
who has made a request
international
protection
international
protection
for
international
has
an
effective
has
an
effective
protection
has
an
opportunity to lodge the
opportunity to lodge the
effective opportunity to
application as soon as
application as soon as
lodge his/her application
possible.
possible.
Where
as soon as possible.
applicants are unable to
Where the applicant does
lodge their application
not avail himself/herself
in
person,
Member
of
this
opportunity,
States shall ensure that
Member States may
a legal representative is
apply
[…]
able
to
lodge
the
Article
28
of
this
application
on
their
Directive
behalf.
accordingly .
3.
When a person declares 3.
When a person declares
his/her wish to make an
his/her wish to make an
application
for
application
for
international
protection,
international
protection,
Member
States
shall
Member
States
shall
ensure that the fact that
ensure that the fact that
that
person
is
an
that
person
is
an
applicant is registered as
applicant is registered as
soon as possible and no
soon as possible and no
later than 72 hours after
later than 72 hours after
such declaration.
such declaration.
3.
Member
States
may Agreed to take COM/Council
require that applications text. See shadow meeting of
for
international 8.11.2012, note for the shadows,
protection be lodged in page 4.
person
and/or
at
a
designated place, without
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prejudice
to
paragraph
[…] 2 […]
.
4.
Without
prejudice
to Agreed to take COM/Council
paragraph
3,
an text. See shadow meeting of
application
for 8.11.2012, note for the shadows,
international
protection page 4.
shall be deemed to have
been lodged […]
once
(a) […] a form
submitted
by
the
applicant , or
(b) where
[…]
foreseen in national law,
[…] […]
an official […]
report
[…] has
reached
the
relevant
competent
[…] authorities of
the
Member
State
concerned […] .
[…]
To that end, Member
To that end, Member
[…]
States shall ensure that
States shall ensure that
the
personnel
of
the
personnel
of
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authorities
likely
to
authorities
likely
to
receive such declarations
receive
such
has relevant instructions
declarations,
such
as
and
receives
the
border guards, police and
necessary training.
immigration
authorities,
and
personnel
of
detention facilities has
relevant instructions and
receives the necessary
training for
recognising,
registering
and
forwarding applications
for
international
protection.
In the implementation of
In the implementation of
[…]
this paragraph, Member
this paragraph, Member
States shall take into
States shall take into
account
relevant
account
relevant
guidelines developed by
guidelines developed by
the European Asylum
the European Asylum
Support Office.
Support Office.
4.
Where a large number of 4.
Where a large number of 5.
[…] […] . Pending.
third country nationals or
third country nationals or
Where
the
stateless
persons
stateless
persons
simultaneous
Related to
Article 49.
simultaneously
request
simultaneously
request
[…]
request
international
protection,
international
protection,
for
international EP-suggestion in relation to its
which
makes
it
which
makes
it
protection by a large AM on paragraph 4:
impossible in practice to
impossible in practice to
number of third country 4.
Where a large number of
respect the 72-hour time
respect the 72-hour time
nationals
or
stateless
third country nationals or
limit
laid
down
in
limit
laid
down
in
persons
[…]
stateless
persons
paragraph 3, Member
paragraph 3, Member
makes
it
very
simultaneously
request
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States may provide for
States may provide for
difficult […] in
international
protection,
that time limit to be
that time limit to be
practice to respect the
which makes it impossible
extended to 7 working
extended to 7 working
[…] time limit laid
in practice to respect the
days.
days
after notification to
down
in
paragraph
72-hour time limit laid
the Commission of the
1
[…]
down in paragraph 3,
reasons why registration
[…] ,
Member
Member
States
may
is not possible within the
States may provide for
provide for that time limit
time limit laid down in
that time limit to be
to be extended to 7
paragraph 1.
extended to […]
working
days
after
10 working days.
notification
to
the
Commission
of
the
reasons why registration
is not possible within the
time limit laid down in
paragraph 1. Member
States shall communicate
as soon as possible to the
Commission the use as
well as the grounds for
applying the extended
time limit of 7 working
days.
2.
Member
States
shall
2.
Member
States
shall
ensure that each adult
ensure that each adult
having legal capacity has
having legal capacity has
the right to make an
the right to make an
application for asylum
application for asylum
on his/her own behalf.
on his/her own behalf.
3.
Member
States
may
3.
Member
States
may
provide
that
an
provide
that
an
application may be made
application may be made
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by an applicant on behalf
by an applicant on behalf
of his/her dependants. In
of his/her dependants. In
such
cases
Member
such
cases
Member
States shall ensure that
States shall ensure that
dependant adults consent
dependant adults consent
to the lodging of the
to the lodging of the
application
on
their
application
on
their
behalf,
failing
which
behalf,
failing
which
they
shall
have
an
they
shall
have
an
opportunity to make an
opportunity to make an
application on their own
application on their own
behalf.
behalf.
Consent
shall
be
Consent
shall
be
requested at the time the
requested at the time the
application is lodged or,
application is lodged or,
at the latest, when the
at the latest, when the
personal interview with
personal interview with
the dependant adult is
the dependant adult is
conducted.
conducted.
4.
Member
States
may
4.
Member
States
may
determine
in
national
determine
in
national
legislation
legislation
(a)
the cases in which
(a)
the cases in which
a minor can make
a minor can make
an application on
an application on
his/her own behalf;
his/her own behalf;
(b)
the cases in which
(b)
the cases in which
the application of
the application of
an unaccompanied
an unaccompanied
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minor has to be
minor has to be
lodged
by
a
lodged
by
a
representative
as
representative
as
provided
for
in
provided
for
in
Article 17(1)(a);
Article 17(1)(a);
(c)
the cases in which
(c)
the cases in which
the lodging of an
the lodging of an
application
for
application
for
asylum is deemed
asylum is deemed
to constitute also
to constitute also
the lodging of an
the lodging of an
application
for
application
for
asylum
for
any
asylum
for
any
unmarried minor.
unmarried minor.
5.
Member
States
shall
5.
Member
States
shall
ensure that authorities
ensure that authorities
likely to be addressed by
likely to be addressed by
someone who wishes to
someone who wishes to
make an application for
make an application for
asylum are able to advise
asylum are able to advise
that person how and
that person how and
where he/she may make
where he/she may make
such
an
application
such
an
application
and/or may require these
and/or may require these
authorities to forward the
authorities to forward the
application
to
the
application
to
the
competent authority.
competent authority.
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Article 7
Article 7
Article 7
Article 7
Applications made on behalf of
Applications made on behalf of
Applications made on behalf of
Applications made on behalf of
dependants or minors
dependants or minors
dependants or minors
dependants or minors
1. 2.
Member
States
shall 1.
Member
States
shall 1.2.
Member
States
shall Identical.
ensure that each adult
ensure that each adult
ensure that each adult
having legal capacity has
having legal capacity has
having legal capacity has
the right to make an
the right to make an
the right to make an
application
for
application
for
application
for
international
international
protection
international
protection asylum on
on his/her own behalf.
protection asylum on
his/her own behalf.
his/her own behalf.
2. 3.
Member
States
may 2.
Member
States
may 2.3.
Member
States
may Identical.
provide
that
an
provide
that
an
provide
that
an
application may be made
application may be made
application may be made
by an applicant on behalf
by an applicant on behalf
by an applicant on behalf
of his/her dependants. In
of his/her dependants. In
of his/her dependants. In
such
cases
Member
such
cases
Member
such
cases
Member
States shall ensure that
States shall ensure that
States shall ensure that
dependant adults consent
dependant adults consent
dependant adults consent
to the lodging of the
to the lodging of the
to the lodging of the
application
on
their
application
on
their
application
on
their
behalf,
failing
which
behalf,
failing
which
behalf,
failing
which
they
shall
have
an
they
shall
have
an
they
shall
have
an
opportunity to make an
opportunity to make an
opportunity to make an
application on their own
application on their own
application on their own
behalf.
behalf.
behalf.
Consent
shall
be
Consent
shall
be
Consent
shall
be Agreed to take COM/Council
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requested at the time the
requested at the time the
requested at the time the text. See shadow meeting of
application is lodged or,
application is lodged or,
application is lodged or, 8.11.2012, note for the shadows,
at the latest, when the
at the latest, when the
at the latest, when the page 4.
personal interview with
personal interview with
personal interview with
the dependant adult is
the dependant adult is
the dependant adult is
conducted.
Before
conducted.
Before
conducted.
Before
consent
is
requested,
consent
is
requested,
consent
is
requested,
each adult among these
each adult among these
each
dependant
persons
shall
be
persons
shall
be
adult
among
these
informed in private of
informed in private of
persons
shall
be
relevant
procedural
relevant
procedural
informed in private of
consequences and of his
consequences and of his
relevant
procedural
or her right to make a
or her right to make a
consequences and of his
separate application for
separate application for
or her right to make a
international
international protection.
separate application for
protection.
international
protection.
3.
Member
States
shall 3.
Member
States
shall 3.
Member
States
shall Agreed to take COM/Council
ensure that a minor has
ensure that a minor has
ensure that a minor has text. See shadow meeting of
the right to make an
the right to make an
the right to make an 8.11.2012, note for the shadows,
application
for
application
for
application
for page 4.
international
protection
international
protection
international
protection
either on his/her own
either on his/her own
either on his/her own
behalf, if he/she has the
behalf, if he/she has the
behalf, if he/she has the
legal capacity to act in
legal capacity to act in
legal capacity to act in
procedures according to
procedures according to
procedures according to
the national law of the
the national law of the
the national law of the
Member
State
Member
State
Member
State
concerned, or through
concerned, or through
concerned, or through
his/her parents or other
his/her parents or other
his/her parents or other
adult family members, or
adult family members, or
adult family members, or
an adult responsible for
an adult responsible for
an adult responsible for
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him/her, whether by law
him/her, whether by law
him/her, whether by law
or by national practice of
or by national practice of
or by national practice of
the
Member
State
the
Member
State
the
Member
State
concerned,
or
a
concerned,
or
a
concerned,
or
representative.
representative.
In
all
through
a
other cases, paragraph 4
representative.
shall apply.
4.
Member
States
shall 4.
Member
States
shall 4.
Member
States
shall Identical.
ensure
that
the
ensure
that
the
ensure
that
the
appropriate
bodies
appropriate
bodies
appropriate
bodies
referred to in Article 10
referred to in Article 10
referred to in Article 10
of
Directive
of
Directive
of
Directive
2008/115/EC
of
the
2008/115/EC
of
the
2008/115/EC
of
the
European Parliament and
European Parliament and
European Parliament and
of the Council
1 have the
of the Council
of 16
of the Council
2 have the
right
to
lodge
an
December
2008
on
right
to
lodge
an
application
for
common standards and
application
for
international
protection
procedures in Member
international
protection
on
behalf
of
an
States
for
returning
on
behalf
of
an
unaccompanied minor if,
illegally staying third-
unaccompanied minor if,
on the basis of an
country nationals have
on the basis of an
individual assessment of
the right to lodge an
individual assessment of
his/her
personal
application
for
his/her
personal
situation, those bodies
international
protection
situation, those bodies
are of the opinion that
on
behalf
of
an
are of the opinion that
the minor may have
unaccompanied minor if,
the minor may have
protection
needs
on the basis of an
protection
needs
pursuant
to
Directive
individual assessment of
pursuant
to
Directive
[…/…/EU]
[the
his/her
personal
[…/…/EU]
[the
1
OJ L 348, 24.12.2008, p. 98
2
OJ L 348, 24.12.2008, p. 98
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Qualification Directive].
situation, those bodies
Qualification Directive].
are of the opinion that
the minor may have
protection
needs
pursuant
to
Directive
[…/…/EU]
[the
Qualification Directive].
5. 4.
Member
States
may 5.
Member
States
may 5.4.
Member
States
may Agreed to take COM/Council
determine
in
national
determine
in
national
determine
in
national text. See shadow meeting of
legislation:
legislation:
legislation:
8.11.2012, note for the shadows,
page 4.
(a)
the cases in which
(a)
the cases in which
(a)
the cases in which
a minor can make
a minor can make
a minor can make
an application on
an application on
an application on
his/her own behalf;
his/her own behalf;
his/her own behalf;
(b)
the cases in which
(b)
the cases in which
(b)
the cases in which
the application of
the application of
the application of
an unaccompanied
an unaccompanied
an unaccompanied
minor has to be
minor has to be
minor has to be
lodged
by
a
lodged
by
a
lodged
by
a
representative
as
representative
as
representative
as
provided
for
in
provided
for
in
provided
for
in
Article 25
17
Article 25 (1)(a);
Article 25
17
(1)(a);
(1)(a);
(c)
the cases in which
▌
(c)
the cases in which
the lodging of an
the lodging of an
application
for
application
for
international
international
protection
protection
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asylum is deemed
asylum is deemed
to constitute also
to constitute also
the lodging of an
the lodging of an
application
for
application
for
international
international
protection
protection
asylum
for
any
asylum
for
any
unmarried minor.
unmarried minor.
Article 8
Article 8
Article 8
Article 8
Information and counselling at
Information and counselling at
Information and counselling at
Information and counselling at
border crossing points and in
border crossing points and in
border crossing points and in
border crossing points and in
detention facilities
detention facilities
detention facilities
detention facilities
1.
Member
States
shall 1.
Member
States
shall 1.
Member
States
shall
ensure that information
ensure that information
ensure that information Presidency suggestion for Article
on
the
possibility
to
on
the
possibility
to
on
the
possibility
to 8(1).
request
international
request
international
request
international
protection is available in
protection is available in
protection is available in Pending.
detention facilities and at
detention facilities and at
detention facilities and at
border crossing points,
border crossing points,
border crossing points,
Political red line.
including transit zones,
including transit zones,
including transit zones,
at
external
borders.
at
external
borders.
at external borders , in
(access to information)
Member
States
shall
Member
States
shall
response to an enquiry
provide
interpretation
provide
interpretation
from the third country 1.
Where
there
are
arrangements
to
the
arrangements
to
the
national
or
stateless
indications that third-
extent
necessary
to
extent
necessary
to
person in this respect .
country nationals or
facilitate
access
to
facilitate
access
to
In these detention
stateless
persons
procedure in these areas.
procedure in these areas.
facilities
and
border
detained in detention
areas, Member States
facilities or present at
shall
provide
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interpretation
border
crossings,
arrangements
to
the
including transit zones
extent
necessary
to
at external borders,
facilitate
access
to
may wish to make a
the
procedure
request
for
concerning
international
international
protection,
Member
protection […] .
States
shall
provide
them
with
, in
response to an enquiry
from the third country
national or stateless
person
in
this
respect
information
on the possibility to
do
so request international
protection. In these
detention facilities and
border areas, Member
States
shall
provide
interpretation
arrangements
to
the
extent
necessary
to
facilitate
access
to
the
procedure
concerning
international
protection […] .
2.
Member
States
shall 2.
Member
States
shall 2.
Member
States
shall Agreed to take compromise text.
ensure that organisations
ensure that organisations
ensure that organisations
providing
advice
and
providing
legal
and
persons See shadow meeting of
counselling to applicants
assistance
and/or
providing
advice
and 11 October 2012, note I, page 10.
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for
international
representation
to
counselling to applicants 2.
Member
States
shall
protection have access to
applicants
for
for
international
ensure that organisations
the
border
crossing
international
protection
protection have access to
and
persons
points, including transit
have
swift access to the
the applicants present
providing
advice
and
zones,
at
external
border crossing points,
at
border
crossing
counselling to applicants
borders. Member States
including transit zones,
points, including transit
for
international
may provide for rules
and
detention
zones,
at
external
protection have
effective
covering the presence of
facilities▌at
external
borders. Member States
access
to
the
such
organizations
in
borders
. Member States
may provide for rules
applicants
present
these areas and that such
may provide for rules
covering the presence of
at
border
crossing
access is subject to an
covering the presence of
such
organizations
points, including transit
agreement
with
the
such
organizations
in
and
persons
in
zones,
at
external
competent authorities of
these areas
, as long as
these areas and in
borders. Member States
the Member State.
they do not limit access
particular that access is
may provide for rules
by applicants to advice
subject to an agreement
covering the presence of
and counselling.
with
the
competent
such
organizations
authorities
of
the
and
persons
in
Member
State.
these areas and in
[…]
The
particular that access is
rules may also impose
subject to an agreement
limitations
[…]
with
the
competent
due to the security,
authorities
of
the
public
order
and
Member
State.
administrative
[…]
Limits
management
of
on
access may be
[…] the area
imposed only, where,
concerned […] .
by virtue of national
law,
they
are
objectively necessary
for The rules may also
impose
limitations
[…]
due to the
security, public
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order
or
and
administrative
management
of
[…] the area
concerned
provided
that
access
is not
thereby
severely
limited or rendered
impossible. […] .
Article 9 7
Article 9
Article 9 7
Right to remain in the Member
Right to remain in the Member Right to remain in the Member
State
State
State
pending the examination of the
pending the examination of the
pending the examination of the
application
application
application
1.
Applicants
shall
be 1.
Applicants
shall
be 1.
Applicants
shall
be Agreed to take Com/Council text.
allowed to remain in the
allowed to remain in the
allowed to remain in the
Member State, for the
Member State, for the
Member State, for the See shadow meeting of
sole
purpose
of
the
sole
purpose
of
the
sole
purpose
of
the 11 October 2012, note I, page 10.
procedure,
until
the
procedure,
until
the
procedure,
until
the
determining
authority
determining
authority
determining
authority
has made a decision in
has
made
a
final
has made a decision in
accordance
with
the
decision
, including in
accordance
with
the
procedures
at
first
cases
where
an
procedures
at
first
instance
set
out
in
applicant
lodges
an
instance
set
out
in
Chapter III. This right to
appeal, and for as long
Chapter III. This right to
remain
shall
not
as a competent court or
remain
shall
not
constitute an entitlement
tribunal so authorises .
constitute an entitlement
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to a residence permit.
This right to remain shall
to a residence permit.
not
constitute
an
entitlement
to
a
residence permit.
2.
Member States can make 2.
Member States can make 2.
Member States can make Pending.
an exception only where
an exception only where
an exception only where
, in accordance with
a
person
makes
a
, in accordance with
Articles 32 and 34, a
subsequent
application
Articles 32 and 34, a
person
makes
a
referred to in Article 41
person
makes
a
subsequent
application
or
where
they
will
subsequent
application
referred to in Article
surrender or extradite, as
referred to in Article
41 will not be further
appropriate,
a
person
41 will not be further
examined or where they
either to another Member
examined or where they
will
surrender
or
State
pursuant
to
will
surrender
or
extradite, as appropriate,
obligations
in
extradite, as appropriate,
a person either to another
accordance
with
a
a person either to another
Member State pursuant
European arrest warrant
Member State pursuant
to
obligations
in
or otherwise, or to a third
to
obligations
in
accordance
with
a
country,
with
the
accordance
with
a
European arrest warrant
1
exception of the country
European arrest warrant
2
or otherwise, or to a third
of origin of the applicant
or otherwise, or to a third
country,
with
the
concerned,
or
to
country […] or to
exception of the country
international
criminal
international
criminal
of origin of the applicant
courts or tribunals.
courts or tribunals.
concerned,
or
to
international
criminal
courts or tribunals.
1
Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member
States (OJ L 190, 18.7.2002, p. 1).
2
Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member
States (OJ L 190, 18.7.2002, p. 1).
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3.
A Member State may 3.
A Member State may 3.
A Member State may Agreed to take COM/Council
extradite an applicant to
extradite an applicant to
extradite an applicant to text. See shadow meeting of
a third country pursuant
a third country pursuant
a third country pursuant 8.11.2012, note for the shadows,
to
paragraph 2 only
to
paragraph 2 only
to
paragraph 2 only page 4.
where
the
competent
where ▌an extradition
where
the
competent
authorities are satisfied
decision will not result in
authorities are satisfied See also shadow meeting of
that
an
extradition
direct
or
indirect
that
an
extradition 11 October 2012, note I, page 10.
decision will not result in
refoulement
in violation
decision will not result in
direct
or
indirect
of
international
direct
or
indirect
refoulement in violation
obligations
of
the
refoulement in violation
of
international
Member State
or expose
of
international
obligations
of
the
the
applicant
to
obligations
of
the
Member State.
inhuman or degrading
Member State.
treatment upon arrival
in the third country.
Article 10 8
Article 10
Article 10 8
Requirements for the
Requirements for the
Requirements for the
examination of applications
examination of applications
examination of applications
1.
Without
prejudice
to 1.
Member
States
shall 1.
Without
prejudice
to Identical.
Article 23(4)(i), Member
ensure that applications
Article 23(4)(i), Member
States shall ensure that
for
international
States shall ensure that
applications
for
protection
are
neither
applications
for
international
rejected
nor excluded
international
protection asylum are
from examination on the
protection asylum are
neither
rejected
nor
sole ground that they
neither
rejected
nor
excluded
from
have not been made as
excluded
from
examination on the sole
soon as possible.
examination on the sole
ground that they have
ground that they have
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not been made as soon as
not been made as soon as
possible.
possible.
2.
When
examining 2.
When
examining 2.
When
examining Identical
applications
for
applications
for
applications
for
international
protection,
international
protection,
international
protection,
the determining authority
the determining authority
the determining authority
shall
first
determine
shall
first
determine
shall
first
determine
whether the applicants
whether the applicants
whether the applicants
qualify as refugees and,
qualify as refugees and,
qualify as refugees and,
if not, determine whether
if not, determine whether
if not, determine whether
the
applicants
are
the
applicants
are
the
applicants
are
eligible
for
subsidiary
eligible
for
subsidiary
eligible
for
subsidiary
protection.
protection.
protection.
3. 2.
Member
States
shall 3.
Member
States
shall 3.2.
Member
States
shall Identical
ensure that decisions by
ensure that decisions by
ensure that decisions by
the determining authority
the determining authority
the determining authority
on
applications
for
on
applications
for
on
applications
for
international
international
protection
international
protection asylum are
are
taken
after
an
protection asylum are
taken
after
an
appropriate examination.
taken
after
an
appropriate examination.
To that end, Member
appropriate examination.
To that end, Member
States shall ensure that:
To that end, Member
States shall ensure that:
States shall ensure that:
(a)
applications
are
(a)
applications
are
(a)
applications
are Identical
examined
and
examined
and
examined
and
decisions are taken
decisions are taken
decisions are taken
individually,
individually,
individually,
objectively
and
objectively
and
objectively
and
impartially;
impartially;
impartially;
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(b)
precise
and
(b)
precise
and
(b)
precise
and Pending.
up-to-date
up-to-date
up-to-date
information
is
information
is
information
is Council is considering EP
obtained
from
obtained
from
obtained
from amendment.
various
sources,
various
sources,
various
sources,
such
as
the
such
as
the
such
as
the
European
European Asylum
European
Asylum
Support
Support Office
, the
Asylum
Support
Office and the
United
Nations
Office and the
United
Nations
High
United
Nations
High
Commissioner for
High
Commissioner for
Refugees
Commissioner for
Refugees
(UNHCR)
and
Refugees
(UNHCR), as to
international
(UNHCR), as to
the
general
human
rights
the
general
situation prevailing
organisations, as
situation prevailing
in the countries of
to
the
general
in the countries of
origin of applicants
situation prevailing
origin of applicants
for
asylum and,
in the countries of
for
asylum and,
where
necessary,
origin of applicants
where
necessary,
in
countries
and,
where
in
countries
through which they
necessary,
in
through which they
have transited, and
countries
through
have transited, and
that
such
which they have
that
such
information is
transited, and that
information is
made available to
such information is
made available to
the
personnel
made available to
the
personnel
responsible
for
the
personnel
responsible
for
examining
responsible
for
examining
applications
and
examining
applications
and
taking decisions;
applications
and
taking decisions;
taking decisions.
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(c)
the
personnel
(c)
the
personnel
(c)
the
personnel Agreed to take COM/Council
examining
examining
examining
text. See shadow meeting of
applications
and
applications
and
applications
and 8.11.2012, note for the shadows,
taking
decisions
taking
decisions
taking
decisions page 4.
have
the
have
the
have
the
knowledge
with
knowledge
with
knowledge
with
respect to relevant
respect to relevant
respect to relevant
standards
standards
standards
applicable in the
applicable in the
applicable in the
field of asylum and
field of asylum and
field of asylum and
refugee law; .
refugee law
as well
refugee law; .
as human rights
law
and
have
completed
the
initial and follow-
up
training
programme
referred
to
in
Article 4(1);
(d)
the
personnel
(d)
the
personnel
(d)
the
personnel Pending.
examining
examining
examining
applications
and
applications
and
applications
and
taking
decisions
taking
decisions
taking
decisions
are instructed and
are instructed and
[…] have the
have the possibility
have the possibility
possibility to seek
to
seek
advice,
to
seek
advice,
advice,
whenever
whenever
whenever
necessary,
from
necessary,
from
necessary,
from
experts
on
experts
on
experts
on
particular
issues,
particular
issues,
particular
issues,
such as medical,
such as medical,
such as medical,
cultural,
religious,
cultural,
religious,
cultural,
religious,
child-related
or
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child-related
or
child-related
,
gender issues.
gender issues.
gender
or sexual
orientation issues.
(e)
the applicant and
Pending.
his/her
legal
advisor
have
Agreed to accept COM/Council
access
to
text (deletion) if EP compromise
information
is accepted for
Article12(1)(d).
provided by the
experts referred to
in point (d).
4. 3.
The authorities referred 4.
The authorities referred 4.3.
The authorities referred Identical
to in Chapter V shall,
to in Chapter V shall,
to in Chapter V shall,
through the determining
through the determining
through the determining
authority or the applicant
authority or the applicant
authority or the applicant
or otherwise, have access
or otherwise, have access
or otherwise, have access
to
the
general
to
the
general
to
the
general
information referred to in
information referred to in
information referred to in
paragraph 3
2(b),
paragraph 3(b),
paragraph 3
2(b),
necessary
for
the
necessary
for
the
necessary
for
the
fulfilment of their task.
fulfilment of their task.
fulfilment of their task.
5. 4.
Member
States 5.
Member
States
shall 5.4.
Member
States Identical
shall may provide
provide
for
rules
shall may provide
for rules concerning the
concerning
the
for rules concerning the
translation of documents
translation of documents
translation of documents
relevant
for
the
relevant
for
the
relevant
for
the
examination
of
examination
of
examination
of
applications.
applications.
applications.
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Article 11 9
Article 11
Article 11 9
Requirements for a decision by
Requirements for a decision by
Requirements for a decision by
the determining authority
the determining authority
the determining authority
1.
Member
States
shall 1.
Member
States
shall 1.
Member
States
shall Identical
ensure that decisions on
ensure that decisions on
ensure that decisions on
applications
for
applications
for
applications
for
international
international
protection
international
protection asylum are
are given in writing.
protection asylum are
given in writing.
given in writing.
2.
Member States shall also 2.
Member States shall also 2.
Member States shall also Agreed to take COM/Council
ensure that, where an
ensure that, where an
ensure that, where an text. See shadow meeting of
application
is rejected
application is rejected
or
application
is rejected 8.11.2012, note for the shadows,
with regard to refugee
granted with regard to
with regard to refugee page 4.
status and/or subsidiary
refugee
status
and/or
status and/or subsidiary
protection status , the
subsidiary
protection
protection status , the
reasons in fact and in law
status, the reasons in fact
reasons in fact and in law
are stated in the decision
and in law are
clearly
are stated in the decision
and information on how
stated in the decision and
and information on how
to challenge a negative
information on how to
to challenge a negative
decision
is
given
in
challenge
a
negative
decision
is
given
in
writing.
decision
is
given
in
writing.
writing
at the time of
issuing the decision and
signed upon receipt by
the recipient.
Member States need not
Member States need not
state the reasons for not
state the reasons for not
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granting refugee status in
granting refugee status in
a decision where the
a decision where the
applicant is granted a
applicant is granted a
status which offers the
status which offers the
same rights and benefits
same rights and benefits
under
national
and
under
national
and
Community law as the
Community law as the
refugee status by virtue
refugee status by virtue
of Directive 2004/83/EC.
of Directive 2004/83/EC.
In these cases, Member
In these cases, Member
States shall ensure that
States shall ensure that
the
reasons
for
not
the
reasons
for
not
granting refugee status
granting refugee status
are
stated
in
the
are
stated
in
the
applicant's file and that
applicant's file and that
the applicant has, upon
the applicant has, upon
request, access to his/her
request, access to his/her
file.
file.
Moreover,
Member
▌
Moreover,
Member Agreed to take COM/Council
States need not provide
States need not provide text. See shadow meeting of
information on how to
information on how to 8.11.2012, note for the shadows,
challenge
a
negative
challenge
a
negative page 4.
decision in writing in
decision in writing in
conjunction
with
a
conjunction
with
a
decision
where
the
decision
where
the
applicant
has
been
applicant
has
been
provided
with
this
provided
with
this
information at an earlier
information at an earlier
stage either in writing or
stage either in writing or
by
electronic
means
by
electronic
means
accessible
to
the
accessible
to
the
applicant.
applicant.
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3.
For the purposes of 3.
For the purposes of 3.
For the purposes of Agreed to take COM/Council
Article 7(2)
6(3),
and
Article 7(2),
and
Article 7(2)
6(3),
and text. See shadow meeting of
whenever the application
whenever the application
whenever the application 8.11.2012, note for the shadows,
is based on the same
is based on the same
is based on the same page 4.
grounds, Member States
grounds, Member States
grounds, Member States
may take one single
may take one single
may take one single
decision,
covering
all
decision,
covering
all
decision,
covering
all
dependants , unless
dependants, unless this
dependants , unless
this would lead to the
would
lead
to
the
this would lead to the
disclosure of particular
disclosure of particular
disclosure of particular
circumstances
of
an
circumstances
of
an
circumstances
of
an
applicant
which could
applicant
which could
applicant
which could
jeopardize
his/her
jeopardize
his/her
jeopardize
his/her
interests, in particular in
interests, in particular in
interests, in particular in
cases involving gender,
cases involving gender,
cases involving gender,
sexual
orientation,
sexual
orientation,
sexual
orientation,
gender identity and/or
gender identity and/or
gender identity and/or
age based persecution .
age based persecution. In
age based persecution .
such cases, a separate
decision shall be issued
to the person concerned.
Article 12 10
Article 12
Article 12 10
Guarantees for applicants for
Guarantees for applicants for
Guarantees for applicants for
international protection
international protection
international protection
asylum
asylum
1.
With
respect
to the 1.
With
respect
to the 1.
With
respect
to the Identical.
procedures provided for
procedures provided for
procedures provided for
in Chapter III, Member
in Chapter III, Member
in Chapter III, Member
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States shall ensure that
States shall ensure that
States shall ensure that
all
applicants
for
all
applicants
for
all
applicants
for
international
international
protection
international
protection
asylum
enjoy
the
following
protection
asylum
enjoy
the
following
guarantees:
enjoy
the
following
guarantees:
guarantees:
(a)
they
shall
be
(a)
they
shall
be
(a)
they
shall
be Identical.
informed
in
a
informed
in
a
informed
in
a
language
which
language
which
language
which
they understand
they understand or
they understand
or
are
are
reasonably
or
are
may reasonably be
supposed
to
may reasonably be
supposed
to
understand of the
supposed
to
understand of the
procedure to be
understand of the
procedure to be
followed and of
procedure to be
followed and of
their
rights
and
followed and of
their
rights
and
obligations
during
their
rights
and
obligations
during
the procedure and
obligations
during
the procedure and
the
possible
the procedure and
the
possible
consequences
of
the
possible
consequences
of
not complying with
consequences
of
not complying with
their
obligations
not complying with
their
obligations
and
not
their
obligations
and
not
cooperating
with
and
not
cooperating
with
the
authorities.
cooperating
with
the
authorities.
They
shall
be
the
authorities.
They
shall
be
informed
of the
They
shall
be
informed
of the
time-frame,
the
informed
of the
time-frame, as well
means
at
their
time-frame, as well
as the means at
disposal
for
as the means at
their disposal for
fulfilling
the
their disposal for
fulfilling
the
obligation
to
fulfilling
the
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obligation
to
submit
the
obligation
to
submit
the
elements
as
submit
the
elements
as
referred
to
in
elements
as
referred
to
in
Article 4
of
referred
to
in
Article 4
of
Directive […/…/E
Article 4
of
Directive […/…/E
U]
[the
Directive […/…/E
U]
[the
Qualification
U]
[the
Qualification
Directive], as well
Qualification
Directive]
as
of
the
Directive]
2004/83/EC , as
consequences of an
2004/83/EC , as
well as of the
explicit or implicit
well as of the
consequences of an
withdrawal of the
consequences of an
explicit or implicit
application.
This
explicit or implicit
withdrawal of the
information
shall
withdrawal of the
application .
be given in time to
application .
This
information
enable
them
to
This
information
shall be given in
exercise the rights
shall be given in
time
to
enable
guaranteed in this
time
to
enable
them to exercise
Directive and to
them to exercise
the
rights
comply with the
the
rights
guaranteed in this
obligations
guaranteed in this
Directive and to
described
in
Directive and to
comply with the
Article 13;
comply with the
obligations
obligations
described
in
described
in
Article 13 11;
Article 13 11;
(b)
they shall receive
(b)
they shall receive
(b)
they shall receive Identical.
the services of an
the services of an
the services of an
interpreter
for
interpreter
for
interpreter
for
submitting
their
submitting
their
submitting
their
case
to
the
case
to
the
case
to
the
competent
competent
competent
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authorities
authorities
authorities
whenever
whenever
whenever
necessary. Member
necessary. Member
necessary. Member
States
shall
States
shall
States
shall
consider
it
consider
it
consider
it
necessary to give
necessary to give
necessary to give
these services at
these services at
these services at
least
when
the
least
when
the
least
when
the
determining
applicant is to be
determining
authority
calls
interviewed
as
authority
calls
upon the applicant
referred
to
in
upon the applicant
is to be
Articles 14, 15, 16,
is to be
interviewed
as
17 and 34 and
interviewed
as
referred
to
in
appropriate
referred
to
in
Articles 14, 15, 12
communication
Articles 14, 15, 12
and 13 16, 17
cannot be ensured
and 13 16, 17
and
34
and
without
such
and
34
and
appropriate
services. In this
appropriate
communication
case and in other
communication
cannot be ensured
cases where the
cannot be ensured
without
such
competent
without
such
services. In this
authorities
call
services. In this
case and in other
upon the applicant,
case and in other
cases where the
these services shall
cases where the
competent
be paid for out of
competent
authorities
call
public funds;
authorities
call
upon the applicant,
upon the applicant,
these services shall
these services shall
be paid for out of
be paid for out of
public funds;
public funds;
(c)
they shall not be
(c)
they shall not be
(c)
they shall not be Identical.
denied
the
denied
the
denied
the
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opportunity
to
opportunity
to
opportunity
to
communicate with
communicate with
communicate with
the UNHCR or
the UNHCR or
the UNHCR or
with
any
other
with
any
other
with
any
other
organisation
organisation
organisation
providing legal
providing
legal
providing legal
advice
or
advice
or
advice
or
counselling
to
counselling
to
counselling
to
applicants
for
applicants
for
applicants
for
international
international
international
protection
in
protection
in
protection
in
accordance
with
accordance
with
accordance
with
the national law
the national law of
the national law
of working on
that Member State;
of working on
behalf
of
the
behalf
of
the
UNHCR
in
the
UNHCR
in
the
territory
of
the
territory
of
the
Member
State
Member
State
pursuant
to
an
pursuant
to
an
agreement
with
agreement
with
that Member State;
that Member State;
(d)
they
and,
if
(d)
they
and,
if
(d)
they
and,
if
EP compromise text for Article
applicable,
their
applicable,
their
applicable,
their
12(1)(d)
related
to
Article
legal advisers shall
legal advisers shall
legal advisers in
10(3)(e):
not
be
denied
not
be
denied
accordance
with
access
to
the
access
to
the
Article
23(1) "d) they and, if applicable, their
information
information
shall not be denied legal advisors, in accordance with
referred
to
in
referred
to
in
access
to
the Article 23(1) shall not be denied
Article
10(3)(b),
Article
10(3)(b),
information
access to the information referred
where
the
where
the
referred
to
in to in Article 10(3)(b)
and to the
determining
determining
Article
10(3)(b),
information provided by experts
authority takes that
authority takes that
where
the
referred to in Article 10(3)(d),
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information
into
information
into
determining
where the determining authority
consideration
for
consideration
for
authority
has has taken that information into
the
purpose
of
the
purpose
of
taken
consideration for the purpose of
taking a decision
taking a decision
[…] that
taking
a
decision
on
their
on
their
on
their
information
into application."
application;
application;
consideration
for
the
purpose
of
taking a decision
on
their
application;
(e d) they shall be given
(e)
they shall be given
(ed) they shall be given Identical.
notice
in
notice
in
notice
in
reasonable time of
reasonable time of
reasonable time of
the decision by the
the decision by the
the decision by the
determining
determining
determining
authority on their
authority on their
authority on their
application
for
application
for
application
for
international
international
international
protection
protection.
If
a
protection
asylum. If a legal
legal
adviser
or
asylum. If a legal
adviser or other
other counsellor is
adviser or other
counsellor
is
legally
counsellor
is
legally
representing
the
legally
representing
the
applicant, Member
representing
the
applicant, Member
States may choose
applicant, Member
States may choose
to give notice of
States may choose
to give notice of
the
decision
to
to give notice of
the
decision
to
him/her instead of
the
decision
to
him/her instead of
to the applicant for
him/her instead of
to the applicant for
international
to the applicant for
international
protection;
international
protection
protection
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asylum;
asylum;
(f e) they
shall
be
(f)
they
shall
be
(fe) they
shall
be Identical.
informed
of the
informed
of the
informed
of the
result
of
the
result
of
the
result
of
the
decision
by
the
decision
by
the
decision
by
the
determining
determining
determining
authority
in
a
authority
in
a
authority
in
a
language that they
language that they
language that they
understand or
understand or are
understand or
are
may
reasonably
are
may
reasonably
be
supposed
to
reasonably
be
supposed
to
understand
when
supposed
to
understand
when
they
are
not
understand
when
they
are
not
assisted
or
they
are
not
assisted
or
represented by a
assisted
or
represented by a
legal
adviser
or
represented by a
legal
adviser
or
other
counsellor.
legal
adviser
or
other
counsellor
The
information
other
counsellor
and
when
free
provided
shall
and
when
free
legal assistance is
include
legal assistance is
not available. The
information
on
not available. The
information
how to challenge a
information
provided
shall
negative
decision
provided
shall
include
in accordance with
include
information
on
the provisions of
information
on
how to challenge a
Article 11(2).
how to challenge a
negative
decision
negative
decision
in accordance with
in accordance with
the provisions of
the provisions of
Article 11(2) 9(2).
Article 11(2) 9(2).
2.
With
respect
to the 2.
With
respect
to the 2.
With
respect
to the Identical
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procedures provided for
procedures provided for
procedures provided for
in Chapter V, Member
in Chapter V, Member
in Chapter V, Member
States shall ensure that
States shall ensure that
States shall ensure that
all applicants for asylum
all
applicants
enjoy
all applicants for asylum
enjoy
equivalent
equivalent guarantees to
enjoy
equivalent
guarantees to the ones
the ones referred to in
guarantees to the ones
referred
to
in
paragraph 1(b), (c), (d)
referred
to
in
paragraph 1(b), (c) ,
and (e) of this Article.
paragraph 1(b), (c) ,
(d) and (e d) of this
(d) and (e d) of this
Article.
Article.
Article 13 11
Article 13
Article 13 11
Obligations of the applicants
Obligations of the applicants
Obligations of the applicants
for
international
for international protection
for
international
protection
asylum
protection
asylum
1.
Member States shall 1.
Member
States
shall 1.
Member States shall Pending.
impose upon applicants
impose upon applicants
impose upon applicants
for
international
for
international
for
international The first EP amendment is to be
protection the obligation
protection the obligation
protection the obligation considered together with
Article
to cooperate with the
to cooperate with the
to cooperate with the
24.
competent
authorities
competent
authorities
competent
authorities
with
a
view
to
and to assist, to the
with
a
view
to
establishing their identity
extent of their physical
establishing their identity
and
other
elements
and
psychological
and
other
elements
referred to in Article 4(2)
capacities, in clarifying
referred to in Article 4(2)
of Directive […/…/EU]
the situation and to
of Directive […/…/EU]
[the
Qualification
reveal
their
identity,
[the
Qualification
Directive].
Member
nationality
and
other
Directive].
Member
States may impose upon
elements referred to in
States may impose upon
applicants
for
asylum
Article 4(2) of Directive
applicants
for
asylum
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other obligations to
[…/…/EU]
[the
other obligations to
cooperate
with
the
Qualification
Directive]
cooperate
with
the
competent
authorities
to
the
competent
competent
authorities
insofar
as
these
authorities.
If they are
insofar
as
these
obligations are necessary
not in possession of a
obligations are necessary
for the processing of the
valid passport or a
for the processing of the
application.
document in lieu of a
application.
passport,
applicants
shall be required to
cooperate in obtaining
an identity document.
So long as applicants
are permitted to remain
in the Member State
under
international
protection during the
consideration
of
the
application, they shall
not be required to enter
into
contact
with
authorities
of
their
country of origin if
there is reason to fear
persecution
by
that
state. Member States
may
impose
upon
applicants
other
obligations to cooperate
with
the
competent
authorities
insofar
as
these
obligations
are
necessary
for
the
processing
of
the
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application.
2.
In particular, Member 2.
In particular, Member 2.
In particular, Member Identical.
States may provide that:
States may provide that:
States may provide that:
(a)
applicants
for
(a)
applicants
are
(a)
applicants
for Identical.
asylum
are
required to report
asylum
are
required to report
to the competent
required to report
to the competent
authorities or to
to the competent
authorities or to
appear before them
authorities or to
appear before them
in person, either
appear before them
in person, either
without delay or at
in person, either
without delay or at
a specified time;
without delay or at
a specified time;
a specified time;
(b)
applicants
for
(b)
applicants have to
(b)
applicants
for Identical.
asylum
have
to
hand
over
asylum
have
to
hand
over
documents in their
hand
over
documents in their
possession relevant
documents in their
possession relevant
to the examination
possession relevant
to the examination
of the application,
to the examination
of the application,
such
as
their
of the application,
such
as
their
passports;
such
as
their
passports;
passports;
(c)
applicants
for
(c)
applicants
are
(c)
applicants
for Identical.
asylum
are
required to inform
asylum
are
required to inform
the
competent
required to inform
the
competent
authorities of their
the
competent
authorities of their
current place of
authorities of their
current place of
residence
or
current place of
residence
or
address and of any
residence
or
address and of any
changes thereof as
address and of any
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changes thereof as
soon as possible.
changes thereof as
soon as possible.
Member
States
soon as possible.
Member
States
may provide that
Member
States
may provide that
the applicant shall
may provide that
the applicant shall
have to accept any
the applicant shall
have to accept any
communication
at
have to accept any
communication
at
the most recent
communication
at
the most recent
place of residence
the most recent
place of residence
or address which
place of residence
or address which
he/she
indicated
or address which
he/she
indicated
accordingly;
he/she
indicated
accordingly;
accordingly;
(d)
the
competent
(d)
the
competent
(d)
the
competent Pending.
authorities
may
authorities
may
authorities
may
search
the
search
the
search
the EP compromise text:
applicant and the
applicant and the
applicant and the
items
he/she
items
he/she
items
he/she “A search of the applicant's
carries
with
carries
with
carries
with person shall be carried out by a
him/her
,
him/her,
provided
him/her
. person of the same sex in full
provided the search
the
search
is
Whenever
respect for the principles of
is carried out by a
carried out by a
possible, a search human dignity and of physical
person of the same
person of the same
of the applicant's and mental integrity.”
sex ;
sex
who
is
person shall be
sensitive to the
[…] carried
applicant's
age
out by a person of
and culture and
the same sex ;
fully respects the
principle
of
human dignity and
physical
and
mental integrity;
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(e)
the
competent
(e)
the
competent
(e)
the
competent Identical.
authorities
may
authorities
may
authorities
may
take a photograph
take a photograph
take a photograph
of the applicant;
of the applicant;
of the applicant;
and
and
and
(f)
the
competent
(f)
the
competent
(f)
the
competent Identical.
authorities
may
authorities
may
authorities
may
record
the
record
the
record
the
applicant's
oral
applicant's
oral
applicant's
oral
statements,
statements,
statements,
provided
he/she
provided
he/she
provided
he/she
has
previously
has
previously
has
previously
been
informed
been
informed
been
informed
thereof.
thereof.
thereof.
Agreed to take compromise text.
Article 14 12
Article 14
Article 14 12
See
shadow
meeting
of
8.11.2012, note for the shadows,
page 4.
See
shadow
meeting
of
11 October 2012, Note II, point
A.1.1. and Note I, page 10.
However, EP AM related to
information/notification
still
pending.
Article 14 12
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Personal interview
Personal interview
Personal interview
Personal interview
1.
Before a decision is 1.
Before a decision is 1.
Before a decision is 1.
Before a decision is
taken by the determining
taken by the determining
taken by the determining
taken by the determining
authority, the applicant
authority, the applicant
authority, the applicant
authority, the applicant
for asylum shall be given
shall
be
given
the
for asylum shall be given
for asylum shall be given
the opportunity of a
opportunity of a personal
the opportunity of a
the opportunity of a
personal
interview
on
interview
on
his/her
personal
interview
on
personal
interview
on
his/her
application for
application
for
his/her
application for
his/her
application for
international
international
protection
international
international
protection
asylum
in a language which
protection
asylum
protection
asylum
with a person competent
he/she understands with
with a person competent
with a person competent
under national law to
a
person
competent
under national law to
under national law to
conduct
such
an
under national law to
conduct
such
an
conduct
such
an
interview. Interviews
conduct
such
an
interview. Interviews
interview. Interviews
on the substance of the
interview. Interviews on
on the substance of the
on the substance of the
application
for
the admissibility of an
application
for
application
for
international
protection
application
for
international
protection
international
protection
shall be conducted by the
international protection
shall be conducted by the
shall be conducted by the
personnel
of
the
and on the substance of
personnel
of
the
personnel
of
the
determining authority.
the
application
for
determining authority.
determining authority.
international
protection
shall be conducted by the
personnel
of
the
determining authority.
This paragraph shall
This paragraph shall
be without prejudice to
be without prejudice to
Article 42(2)(b).
Article 42(2)(b).
Member States may also
Member States may also
give the opportunity of a
give the opportunity of a
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personal
interview
to
personal
interview
to
each
dependant
adult
each
dependant
adult
referred to in Article
referred to in Article
6(3).
6(3).
Where a large number of
Where a large number of
Where a large number of Where a large number of third
third country nationals or
third country nationals or
third country nationals or country nationals or stateless
stateless
persons
stateless
persons
stateless
persons persons simultaneously request
simultaneously
request
simultaneously
request
simultaneously
request international
protection,
which
international
protection,
international
protection,
international
protection, makes it impossible in practice
which
makes
it
which
makes
it
which
makes
it for the determining authority to
impossible in practice for
impossible in practice for
impossible in practice for conduct timely interviews on the
the determining authority
the determining authority
the determining authority substance
of
an
application,
to
conduct
timely
to
conduct
timely
to
conduct
timely Member States may provide that
interviews
on
the
interviews
on
the
interviews
on
the the personnel of another authority
substance
of
an
substance
of
an
substance
of
an be
temporarily
involved
in
application,
Member
application,
Member
application,
Member conducting such interviews. In
States may provide that
States may provide that
States may provide that such cases, the personnel of that
the personnel of another
the personnel of another
the personnel of another authority shall receive in advance
authority be temporarily
authority be temporarily
authority be temporarily the
relevant necessary training
involved in conducting
involved in conducting
involved in conducting which shall include the elements
such interviews. In such
such
interviews
after
such interviews. In such listed in Article 6(4)(a) to (e) of
cases, the personnel of
notification
to
the
cases, the personnel of Regulation (EU) No 439/2010
.
that
authority
shall
Commission
of
the
that
authority
shall
Persons interviewing applicants
receive in advance the
reasons
why
it
is
receive in advance the
pursuant to this Directive shall
necessary training which
impossible in practice
necessary training which
also have acquired general
shall
include
the
for
the
determining
shall
include
the
knowledge of problems which
elements listed in Article
authority
to
conduct
elements listed in Article
could adversely affect the
6(4)(a)
to
(e)
of
those interviews within a
6(4)(a)
to
(e)
of
applicants'
ability
to
be
Regulation
(EU)
No
time frame that enables
Regulation
(EU)
No
interviewed, such as indications
439/2010 and in Article
the
determining
439/2010 and in Article
of possible past torture and in
18(5) of this Directive.
authority to conclude
18(5) of this Directive.
Article 18(5) of this Directive.
the procedure within the
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time-limit as laid down
Pending.
in Article 31(3). In such
cases, the personnel of
EP suggestion as to its
that
authority
shall
amendment on notification:
receive in advance the
necessary training which
Political red line.
shall
include
the
elements listed in Article
(Derogatory procedures in case
6(4)(a)
to
(e)
of
of large numbers of asylum
Regulation
(EU)
No
applications)
439/2010 and in Article
18(5) of this Directive
as
1.
…...
well as the training
Where a large number of
established
and
third country nationals or
developed
by
the
stateless persons
European
Asylum
simultaneously request
Support Office.
international protection,
which makes it impossible
in practice for the
determining authority to
conduct timely interviews
on the substance of an
application, Member
States may provide that
the personnel of another
authority be temporarily
involved in conducting
such interviews
after
notification to the
Commission of the
reasons why it is
impossible in practice for
the determining authority
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to conduct those
interviews within a time
frame that enables the
determining authority to
conclude the procedure
within the time-limit as
laid down in Article
31(3). after
communication as soon
as possible to the
Commission of the use of
this exception and the
grounds justifying why it
is impossible in practice
for the determining
authority to conduct those
interviews within a time
frame that enables the
determining authority to
conclude the procedure
within the time-limit as
laid down in Article
31(3). …..
Where a person has
Where a person has
Where a person has
Where a person has
made an application for
made an application for
made an application for
made an application for
international
protection
international
protection
international
protection
international
protection
on
behalf of his/her
on
behalf of his/her
on
behalf of his/her
on
behalf of his/her
dependants, each adult
dependants, each adult
dependants, each adult
dependants, each adult
concerned shall be given
concerned shall be given
concerned shall be given
concerned shall be given
the opportunity of a
the opportunity of a
the opportunity of a
the opportunity of a
personal interview.
personal interview.
personal interview.
personal interview.
Member
States
may
Member
States
shall
Member
States
may Member States may determine in
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determine
in
national
determine
in
national
determine
in
national national legislation the cases in
legislation the cases in
legislation the cases in
legislation the cases in which a minor shall be given the
which a minor shall be
which a minor shall be
which a minor shall be opportunity
of
a
personal
given the opportunity of
given the opportunity of
given the opportunity of interview.
a personal interview.
a
personal
interview
,
a personal interview.
taking due account of
the child’s best interests
and special needs.
2.
The personal interview 2.
The personal interview 2.
The personal interview 2.
The personal interview
on the substance of the
on the substance of the
on the substance of the
on the substance of the
application
may
be
application
may
be
application
may
be
application
may
be
omitted where:
omitted where:
omitted where:
omitted where:
(a)
the
determining
(a)
the
determining
(a)
the
determining
(a)
the
determining
authority is able to
authority is able to
authority is able to
authority is able to
take
a
positive
take
a
positive
take
a
positive
take
a
positive
decision
with
decision
with
decision
with
decision
with
regard to refugee
regard to refugee
regard to refugee
regard to refugee
status on the
status on the basis
status on the
status on the
basis of evidence
of
evidence
basis of evidence
basis of evidence
available; or
available; or
available; or
available; or
(b)
the
competent
(b)
the
competent
authority
has
authority
has
already
had
a
already
had
a
meeting with the
meeting with the
applicant for the
applicant for the
purpose
of
purpose
of
assisting
him/her
assisting
him/her
with
completing
with
completing
his/her application
his/her application
and submitting the
and submitting the
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essential
essential
information
information
regarding
the
regarding
the
application,
in
application,
in
terms
of
terms
of
Article 4(2)
of
Article 4(2)
of
Directive 2004/83/
Directive 2004/83/
EC; or
EC; or
(c)
the
determining
(c)
the
determining
authority, on the
authority, on the
basis of a complete
basis of a complete
examination
of
examination
of
information
information
provided
by the
provided
by the
applicant,
applicant,
considers
the
considers
the
application to be
application to be
unfounded in cases
unfounded in cases
where
the
where
the
circumstances
circumstances
mentioned
in
mentioned
in
Article 23(4)(a),
Article 23(4)(a),
(c), (g), (h) and (j)
(c), (g), (h) and (j)
apply.
apply.
3.
The
personal
3.
The
personal
interview may also
interview may also
be omitted where
be omitted where
(b)
it is not reasonably
(b)
the
determining
(b)
it is not reasonably (b)
it
is
not
reasonably
practicable,
in
authority is of the
practicable,
in
practicable,
in
particular
particular
where
opinion
that
the
particular
where
where the determining
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the
applicant is unfit or
the
competent authority is of
determining
unable
to
be
determining
the
opinion
that
the
competent
interviewed owing
competent
applicant is unfit or unable
authority is of the
to
enduring
authority is of the
to be interviewed owing to
opinion
that
the
circumstances
opinion
that
the
enduring
circumstances
applicant is unfit or
beyond
his/her
applicant is unfit or
beyond
his/her
control.
unable
to
be
control. When in
unable
to
be
When
in
doubt,
the
interviewed owing
doubt,
the
interviewed owing
determining authority shall
to
enduring
determining
to
enduring
consult
a
medical
circumstances
authority
shall
circumstances
professional
expert to
beyond
his/her
consult a medical
beyond
his/her
establish
whether
the
control. When in
expert to establish
control. When in
condition that makes the
doubt,
the
whether
the
doubt,
the
applicant unfit or unable to
determining
condition
that
determining
be interviewed is temporary
authority
shall
makes
the
authority
shall
or of
enduring long-
consult a medical
applicant unfit or
consult a medical
term nature […]
expert to establish
unable
to
be
expert to establish
Member States may require
whether
the
interviewed
is
whether
the
a medical or psychological
condition
that
temporary
or
condition
that
certificate.
makes
the
permanent.
makes
the
applicant unfit or
applicant unfit or Technical change: see Shadow
unable
to
be
unable
to
be meeting of 11 October 2012, Note
interviewed
is
interviewed
is I, page 10.
temporary
or
temporary or of
permanent
long-term nature
Member
States
[…]
may
require
a
Member
States
medical
or
may
require
a
psychological
medical
or
certificate.
psychological
certificate.
Where a personal
Where
a
personal
Where a personal
Where
a
personal
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interview
is
not
interview
is
not
interview
is
not
interview
is
not
conducted
the
conducted pursuant to
conducted
the
conducted the Member
Member State does not
point
(b),
or
where
Member State does not
State does not provide the
provide
the
applicant
applicable,
with
the
provide
the
applicant
applicant
with
the
with the opportunity for
dependant
,
the
with the opportunity for
opportunity for a personal
a
personal
interview
determining
authority
a
personal
interview
interview pursuant to point
pursuant to point (b) this
shall allow the applicant
pursuant to point (b) this
(b) this paragraph, or
paragraph,
or
where
or
the dependant
to
paragraph,
or
where
where
applicable,
applicable,
with
reschedule the personal
applicable,
with
with
to
the
to
the
dependant,
interview and to submit
to
the
dependant,
dependant,
reasonable
reasonable efforts shall
further information.
reasonable efforts shall
efforts shall be made to
be made to allow the
be made to allow the
allow the applicant or the
applicant
or
the
applicant
or
the
dependant
to
submit
dependant
to
submit
dependant
to
submit
further information.
further information.
further information.
3. 4.
The
absence
of
a ▌
3.4.
The
absence
of
a 3.4.
The
absence
of
a
personal
interview
in
personal
interview
in
personal
interview
in
accordance
with
this
accordance
with
this
accordance
with
this
Article shall not prevent
Article shall not prevent
Article shall not prevent
the determining authority
the determining authority
the determining authority
from taking a decision
from taking a decision
from taking a decision
on an application for
on an application for
on an application for
international
international
international
protection asylum.
protection asylum.
protection asylum.
4. 5..
The
absence
of
a 4.
The
absence
of
a 4.5..
The
absence
of
a 4.5..
The
absence
of
a
personal
interview
personal
interview
personal
interview
personal
interview
pursuant
to
pursuant
to
pursuant
to
pursuant
to
paragraph 2(b) and
(c)
paragraph 2(b) shall not
paragraph 2(b) and
(c)
paragraph 2(b) and
(c)
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and paragraph 3 shall not
adversely
affect
the
and paragraph 3 shall not
and paragraph 3 shall not
adversely
affect
the
decision
of
the
adversely
affect
the
adversely
affect
the
decision
of
the
determining authority.
decision
of
the
decision
of
the
determining authority.
determining authority.
determining authority.
5. 6.
Irrespective
of 5.
Irrespective
of 5.6.
Irrespective
of 5.6.
Irrespective
of
Article 28(1)
20(1),
Article 28(1),
Member
Article 28(1)
20(1),
Article 28(1)
20(1),
Member States, when
States, when deciding on
Member States, when
Member States, when
deciding
on
the
the
application
for
deciding
on
the
deciding
on
the
application
for
international
protection,
application
for
application
for
international
may take into account
international
international
protection
asylum,
the fact that the applicant
protection
asylum,
protection
asylum,
may take into account
failed to appear for the
may take into account
may take into account
the fact that the applicant
personal
interview,
the fact that the applicant
the fact that the applicant
failed to appear for the
unless he/she had good
failed to appear for the
failed to appear for the
personal
interview,
reasons for the failure to
personal
interview,
personal
interview,
unless he/she had good
appear.
unless he/she had good
unless he/she had good
reasons for the failure to
reasons for the failure to
reasons for the failure to
appear.
appear.
appear.
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Agreed to take compromise text.
Article 15 13
Article 15
Article 15 13
See shadow meeting of
8.11.2012, note for the shadows,
page 4, shadow meeting of
11 October 2012, point A.1.2, and
follow-up note of 20.11.2012.
Article 15 13
Requirements for a personal
Requirements for a personal
Requirements for a personal
Requirements for a personal
interview
interview
interview
interview
1.
A
personal
interview 1.
A
personal
interview 1.
A
personal
interview 1.
A
personal
interview
shall normally take place
shall normally take place
shall normally take place
shall normally take place
without the presence of
without the presence of
without the presence of
without the presence of
family members unless
family members unless
family members unless
family members unless
the determining authority
the determining authority
the determining authority
the determining authority
considers it necessary for
considers it necessary for
considers it necessary for
considers it necessary for
an
appropriate
an
appropriate
an
appropriate
an
appropriate
examination
to
have
examination
to
have
examination
to
have
examination
to
have
other family members
other family members
other family members
other family members
present.
present.
present.
present
2.
A
personal
interview 2.
A
personal
interview 2.
A
personal
interview 2.
A
personal
interview
shall take place under
shall take place under
shall take place under
shall take place under
conditions which ensure
conditions which ensure
conditions which ensure
conditions which ensure
appropriate
appropriate
appropriate
appropriate
confidentiality.
confidentiality.
confidentiality.
confidentiality.
3.
Member States shall take 3.
Member States shall take 3.
Member States shall take 3.
Member States shall take
appropriate
steps
to
appropriate
steps
to
appropriate
steps
to
appropriate
steps
to
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ensure
that
personal
ensure
that
personal
ensure
that
personal
ensure
that
personal
interviews are conducted
interviews are conducted
interviews are conducted
interviews are conducted
under conditions which
under conditions which
under conditions which
under conditions which
allow
applicants
to
allow
applicants
to
allow
applicants
to
allow
applicants
to
present the grounds for
present the grounds for
present the grounds for
present the grounds for
their applications in a
their applications in a
their applications in a
their applications in a
comprehensive manner.
comprehensive manner.
comprehensive manner.
comprehensive manner.
To that end, Member
To that end, Member
To that end, Member
To that end, Member
States shall:
States shall:
States shall:
States shall:
(a)
ensure
that
the
(a)
ensure
that
the
(a)
ensure
that
the
(a)
ensure
that
the
person
who
person
who
person
who
person
who
conducts
the
conducts
the
conducts
the
conducts
the
interview
is
interview
is
interview
is
interview
is
sufficiently
qualified, trained
sufficiently
sufficiently
competent to take
and competent to
competent to take
competent to take
account
of
the
take account of the
account
of
the
account
of
the
personal and
personal
and
relevant
relevant
or
general
general
personal and
personal and
circumstances
circumstances
or
general
or
general
surrounding
the
surrounding
the
circumstances
circumstances
application,
application,
surrounding
the
surrounding
the
including
the
including
the
application,
application,
applicant's cultural
applicant's cultural
including
the
including
the
origin , gender,
origin,
gender,
applicant's cultural
applicant's cultural
sexual orientation,
sexual orientation,
origin , gender,
origin , gender,
gender
identity
gender identity or
sexual orientation,
sexual orientation,
or
vulnerability
vulnerability
gender
identity
gender
identity
within
the
within the meaning
or
vulnerability
or
vulnerability
meaning of Article
of Article 22 of
[…] , insofar
[…] , insofar
22
of
Directive
Directive
as it is possible to
as it is possible to
[…/…/EU]
[the
[…/…/EU]
[the
do so; and
do so; and
Reception
Reception
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Conditions
Conditions
Directive]
,
Directive]
insofar as it is
possible to do so;
and
(b)
wherever possible,
(b)
wherever possible,
(b)
wherever possible, "b) whenever possible, provide
provide
for
the
provide
for
the
provide
for
the for the interview with the
interview with the
interview with the
interview with the applicant to be conducted by a
applicant
to
be
applicant
to
be
applicant
to
be person of the same sex if the
conducted
by
a
conducted
by
a
conducted
by
a applicant so requests, unless the
person of the same
person of the same
person of the same determining authority has reasons
sex if the applicant
sex if the applicant
sex if the applicant to believe that the request is based
concerned
so
concerned
so
concerned
so on
grounds which are not related
requests;
requests;
requests unless
to difficulties on the part of the
the
determining
applicant to present the grounds
authority
deems
of his application in a
that
comprehensive manner";
[…]
the
request
is
[…] based on
discriminatory
grounds
[…] ;
(c b) select
an
(c)
select a competent
(cb) select
an "c) (....) Member States shall
competent
interpreter who is
[…]
provide an interpreter of the
interpreter who is
able
to
ensure
interpreter who is
same sex if the applicant so
able
to
ensure
appropriate
able
to
ensure
requests, unless the
appropriate
communication
appropriate
determining authority has
communication
between
the
communication
reasons to believe that the
between
the
applicant and the
between
the
request is based on
grounds
applicant and the
person
who
applicant and the
which are not related to
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person
who
conducts
the
person
who
difficulties on the part of
conducts
the
interview
and is
conducts
the
the applicant to present the
interview.
The
required to comply
interview.
The
grounds of his application
communication
with a code of
communication
in a comprehensive
shall need
conduct
laying
shall need
manner."
not
necessarily
down the rights
not
necessarily
take place in the
and duties of the
take place in the
language preferred
interpreter.
The
language preferred
by the applicant for
communication
by the applicant for
asylum
shall take place in
asylum
unless
if
the
language
unless
if
there is another
preferred by the
there is another
language
which
applicant
unless
language
which
he/she
may
there is another
he/she
may
reasonably
be
language
which
reasonably
be
supposed
to
he/she understands
supposed
to
understands and in
and
in
which
understands and in
which
he/she is
he/she is able to
which
he/she is
able
to
communicate clear
able
to
communicate
ly.
Wherever
communicate
clearly .
possible,
Member
clearly .
Wherever
States shall provide
Wherever
possible,
Member
an interpreter of
possible,
Member
States shall provide
the same sex if the
States shall provide
an interpreter of
applicant
so
an interpreter of
the same sex if the
requests;
the same sex if the
applicant
so
applicant
so
requests ;
requests unless
the
determining
authority
deems
that
[…]
the
request
is
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[…] based on
discriminatory
grounds
[…] ;
(d)
ensure
that
the
(d)
ensure
that
the
(d)
ensure
that
the
(d)
ensure
that
the
person
who
person
who
person
who
person
who
conducts
an
conducts
an
conducts
an
conducts
an
interview on the
interview on the
interview on the
interview on the
substance of an
substance of an
substance of an
substance of an
application
for
application
for
application
for
application
for
international
international
international
international
protection does not
protection does not
protection does not
protection does not
wear a military or
wear a uniform;
wear a military or
wear a military or
law
enforcement
law
enforcement
law
enforcement
uniform;
uniform;
uniform;
Agreed to take Com/Council text.
See shadow meeting of
11 October 2012, note I, page 10.
(e)
ensure
that
(e)
ensure
that
(e)
ensure
that
(e)
ensure
that
interviews
with
interviews
with
interviews
with
interviews
with
minors
are
minors
are
minors
are
minors
are
conducted
in
a
conducted
in
a
conducted
in
a
conducted
in
a
child
appropriate
child
appropriate
child
appropriate
child
appropriate
manner.
manner
and by a
manner.
manner.
person with the
necessary
knowledge of the
special needs and
*
The EP amendment is
rights of minors.
covered by Article 25(1)(a): (...)
"the necessary expertise in the
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field of childcare".
The technical group suggests
accepting the Council text.
4.
Member
States
may 4.
Member
States
may 4.
Member
States
may 4.
Member
States
may
provide
for
rules
provide
for
rules
provide
for
rules
provide
for
rules
concerning the presence
concerning the presence
concerning the presence
concerning the presence
of third parties at a
of third parties at a
of third parties at a
of third parties at a
personal interview.
personal interview.
personal interview.
personal interview.
5.
This
Article
is
also
5.
This
Article
is
also
applicable to the meeting
applicable to the meeting
referred
to
in
referred
to
in
Article 12(2)(b).
Article 12(2)(b).
Article 16
Article 16
Article 16
Agreed to take COM/Council
text. See shadow meeting of
8.11.2012, note for the shadows,
page 4.
Article 16
Content of a personal interview Content of a personal interview Content of a personal interview Content of a personal interview
When
conducting a personal When
conducting a personal When
conducting a personal When
conducting a personal
interview on the substance of an interview on the substance of an interview on the substance of an interview on the substance of an
application
for
international application
for
international application
for
international application
for
international
protection,
the
determining protection,
the
determining protection,
the
determining protection,
the
determining
authority shall ensure that the authority shall ensure that the authority shall ensure that the authority shall ensure that the
applicant is given an adequate questions
addressed
to
the applicant is given an adequate applicant is given an adequate
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opportunity to present elements applicant are relevant to the opportunity to present elements opportunity to present elements
needed
to
substantiate
the assessment of whether he/she is in needed
to
substantiate
the needed
to
substantiate
the
application in accordance with need of international protection in application in accordance with application in accordance with
Article 4 of Directive […/…/EU] accordance
with
Directive Article 4 of Directive […/…/EU] Article 4 of Directive […/…/EU]
[the Qualification Directive] as […/.../EU]
[the
Qualification [the Qualification Directive] as [the Qualification Directive] as
completely as possible. This shall Directive] and that the applicant completely as possible. This shall completely as possible. This shall
include the opportunity to give an is given an adequate opportunity include the opportunity to give an include the opportunity to give an
explanation regarding elements to present elements needed to explanation regarding elements explanation regarding elements
which may be missing and/or any substantiate the application as which may be missing and/or any which may be missing and/or any
inconsistencies or contradictions completely as possible. This shall inconsistencies or contradictions inconsistencies or contradictions
in his/her statements.
include an adequate opportunity in his/her statements.
in his/her statements.
to give an explanation regarding
elements which may be missing
and/or any inconsistencies or
contradictions
in
his/her
statements.
Article 14
Article 14
Status of the re port of a
Status of the report of a
personal interview in the
personal interview in the
procedure
procedure
1.
Member
States
shall
1.
Member
States
shall
ensure that a written
ensure that a written
report is made of every
report is made of every
personal
interview,
personal
interview,
containing at least the
containing at least the
essential
information
essential
information
regarding
the
regarding
the
application, as presented
application, as presented
by the applicant, in terms
by the applicant, in terms
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of
Article 4(2)
of
of
Article 4(2)
of
Directive 2004/83/EC.
Directive 2004/83/EC.
2.
Member
States
shall
2.
Member
States
shall
ensure that applicants
ensure that applicants
have timely access to the
have timely access to the
report of the personal
report of the personal
interview. Where access
interview. Where access
is only granted after the
is only granted after the
decision
of
the
decision
of
the
determining
authority,
determining
authority,
Member
States
shall
Member
States
shall
ensure that access is
ensure that access is
possible
as
soon
as
possible
as
soon
as
necessary for allowing
necessary for allowing
an appeal to be prepared
an appeal to be prepared
and lodged in due time.
and lodged in due time.
3.
Member
States
may
3.
Member
States
may
request the applicant's
request the applicant's
approval of the contents
approval of the contents
of the report of the
of the report of the
personal interview.
personal interview.
Where
an
applicant
Where
an
applicant
refuses to approve the
refuses to approve the
contents of the report,
contents of the report,
the
reasons
for this
the
reasons
for this
refusal shall be entered
refusal shall be entered
into the applicant's file.
into the applicant's file.
The
refusal
of
an
The
refusal
of
an
applicant to approve the
applicant to approve the
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contents of the report
contents of the report
shall not prevent the
shall not prevent the
determining
authority
determining
authority
from taking a decision
from taking a decision
on his/her application.
on his/her application.
4.
This
Article
is
also
4.
This
Article
is
also
applicable to the meeting
applicable to the meeting
referred
to
in
referred
to
in
Article 12(2)(b).
Article 12(2)(b).
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Article 17
Article 17
Article 17
Pending.
Presidency suggestion for Article
17.
Technical group suggests taking
the Presidency text. However, the
EP AM to have a mandatory
audio recording remains pending.
See
shadow
meeting
of
11 October 2012, point A.1.3.
Presidency suggested a new
Recital (40a) in light of possible
data protection issues related to
audio visual registration of an
interview.
The Presidency linked the
proposal on Article 17 to its
proposal on training
(Article 4(3)). This link might
still exist in their strategy.
Article 17
Report and recording of
Transcript, report and recording
Report and recording of
Report and recording of
personal inte rviews
of personal interviews
personal interviews
personal interviews
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1.
Member
States
shall 1.
Member
States
shall 1.
Member
States
shall 1.
Member
States
shall
ensure that a thorough
ensure that a
transcript
ensure that a thorough
ensure that a thorough
report
containing
all
is
made
of
every
report
containing
all
and
factual
report
substantial elements is
personal
interview
,
substantial elements is
containing all substantial
made of every personal
unless the interview is
made of every personal
elements
or a transcript
interview.
audio or audio-visually
interview.
is
made
of
every
recorded.
personal interview.
2.
Member
States
may 2.
Member
States
may 2.
Member
States
may Pending: mandatory audio-
provide for audio or
provide for audio or
provide for audio or recording.
audio-visual recording of
audio-visual recording of
audio-visual recording of
the personal interview.
the personal interview
the personal interview.
Political red line.
In this case, Member
with the consent of the
In this case, Member
States shall ensure that
applicant. In this case,
in
States shall ensure that
(quality of procedure
the recording of
the
no way the refusal of an
the recording or
a
(interview))
personal
interview
is
applicant to consent to
transcript
of
the
annexed to the report.
the recording of his/her
personal
interview
is .
Member
States
may
provide for audio or
personal interview shall
available
in
audio-visual recording of
prevent the determining
connection
with
the
the personal interview.
authority from taking a
applicant's
file
decision
on
the
[…] .
In
this case
an audio or
application and Member
an
audio
visual
States shall ensure that
recording
of
the
the recording of the
interview
is
made,
personal
interview
is
Member
States
shall
ensure
that
admissible as evidence
the recording or
a
in procedures referred
transcript
of
the
to in Chapter V.
personal
interview
is
available
in
connection
with
the
applicant's
file
[…] .
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3.
Member
States
shall 3.
Member
States
shall 3.
Member
States
shall 3.
Member
States
shall
ensure that the applicant
request the applicant’s
ensure that the applicant
ensure that the applicant
has the opportunity to
approval on the contents
has the opportunity to
has the opportunity to
make comments and/or
of the transcript at the
make comments and/or
make comments and/or
provide
clarifications
end
of
the personal
provide
clarifications
provide
clarifications
with
regard
to
any
interview or within a
with
regard
to
any
orally and/or in writing
mistranslations
or
specified
time
limit
mistranslations
or
with
regard
to
any
misconceptions
taking into account the
misconceptions
mistranslations
or
appearing in the report,
nature of the applicable
appearing in the report,
misconceptions
at the end of the personal
procedure for granting
at the end of the personal
appearing in the report,
interview or within a
international protection
interview or within a
at the end of the personal
specified
time
limit
before the determining
specified
time
limit
interview or within a
before the determining
authority
takes
a
before the determining
specified
time
limit
authority
takes
a
decision. To that end,
authority
takes
a
before the determining
decision. To that end,
Member
States
shall
decision.
Member
authority
takes
a
Member
States
shall
ensure that the applicant
States may provide that,
decision.
Member
ensure that the applicant
has the opportunity to
when
there
is
no
States
may
provide
is fully informed of the
make comments and/or
recorded interview, the
that, when there is no
content of the report,
provide
clarifications
applicant
has
the
recorded interview, the
with the assistance of an
with
regard
to
any
opportunity
to
make
applicant
has
the
interpreter if necessary.
mistranslations
or
comments
and/or
opportunity to make
Member States shall then
misconceptions
provide clarifications in
comments
and/or
request the approval of
appearing
in
the
the report. To that
provide clarifications in
the applicant on the
transcript.
end, Member States shall
the report.
To that
content of the report.
ensure that the applicant
end, Member States shall
is fully informed of the
ensure that the applicant
[…] substantial
is fully informed of the
elements of the report
content
[…]
as referred to in
substantial
paragraph 1 , with the
elements of the report
assistance
of
an
as referred to in
interpreter if necessary.
paragraph 1 or of the
Member States shall then
substantial elements of
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request
the
the transcript, with
acknowledgement
the assistance of an
[…] of the applicant
interpreter if necessary.
on the content of the
Member States shall then
report.
request
the
acknowledgement
[…]
of the applicant
to confirm that on the
content of the report
correctly reflects the
interview.
Member States need not
Member States need not
Member States need not
request the applicant's
request the applicant's
request the applicant's
approval on the content
acknowledgement
confirmation
that
of the report if the
[…] on the content
acknowledgement
interview is recorded in
of the report if the
[…]
on the content
accordance
with
interview is recorded in
of the report
correctly
paragraph 2 and if the
accordance
with
reflects the interview if
recording is admissible
paragraph 2 and if the
the interview is recorded
as
evidence
in
recording is admissible
in
accordance
with
procedures referred to in
as
evidence
in
paragraph 2 and if the
Chapter V.
procedures referred to in
recording is admissible
Chapter V.
as
evidence
in
procedures referred to in
Chapter V.
4.
Where
an
applicant 4.
Where
an
applicant 4.
Where
an
applicant 4.
Where
an
applicant
refuses to approve the
refuses to approve the
refuses
to
refuses to
confirm that
content of the report, the
transcript, the reasons
acknowledge
acknowledge
reasons for this refusal
for this refusal shall be
[…] the content of
[…] the content of
shall be entered into the
entered
into
the
the report, the reasons
the report
or
the
applicant's file.
applicant's file.
for this refusal shall be
transcript
correctly
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entered
into
the
reflects the interview,
applicant's file.
the
reasons
for this
refusal shall be entered
into the applicant's file.
The
refusal
of
an
The
refusal
of
an
The
refusal
of
an
Such The refusal
of an
applicant to approve the
applicant to approve the
applicant
to
applicant
to
content
of
content of the
transcript
acknowledge
acknowledge
the report shall
not
shall not prevent the
[…] the content of
[…]
the content of
prevent the determining
determining
authority
the report shall
not
the report shall
not
authority from taking a
from taking a decision
prevent the determining
prevent the determining
decision
on
the
on
his/her application.
authority from taking a
authority from taking a
application.
decision
on
the
decision
on
the
application.
application.
5.
Without
prejudice
to
paragraphs
1
to
2,
Member
States
may
ensure that a written
report is made of a
personal
interview,
containing at least the
essential
information
regarding
the
application, as presented
by the applicant. In such
cases, Member States
shall ensure that the
transcript of the personal
interview
or
the
recording is annexed to
the report.
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5.
Applicants shall not be 6.
Applicants
and
their 5.
Applicants shall not be 5.
Applicants
and
their
denied access to the
legal adviser or other
denied access to the
legal adviser or other
report
and,
where
counsellor, as defined in
report
and,
where
counsellor, as defined
applicable,
article 23, shall not be
applicable, the recording
in Article 23, shall not
the recording, before the
denied access to the
or
transcript
be denied access to the
determining
authority
transcript
or,
where
thereof , before the
report
or the transcript
takes a decision.
applicable, the recording,
determining
authority
and, where applicable,
before the determining
takes
a
decision.
the recording
or
authority
takes
a
Where the application
transcript
thereof
decision.
is determined in the
, before the determining
framework provided for
authority
takes
a
in Article 31(6), Member
decision.
Without
States may provide that
prejudice to paragraph
access to the report is
3, where
Where the
granted at the same time
application is determined
as
the
decision
is
in
the
framework
made.
provided for in Article
31(6), Member States
may provide that access
to the report
or the
transcript is granted at
the same time as the
decision is made.
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Agreed to take compromise text.
Article 18
Article 18
Article 18
See shadow meeting of
8.11.2012, note for the shadows,
page 4, shadow meeting of
11 October 2012, point A.5 and
follow-up note of 20.11.2012.
If Article 24 is satisfactory EP
could accept for
Article 18(4) the
Council text (deletion).
Article 18
Medical reports
Medical reports
Medical
examination
Medical
examination
[…]
[…]
1.
Member
States
shall 1.
Member
States
shall 1.
Where
the 1.
Where
the
allow an applicant to
allow an applicant to
determining
authority
determining
authority
have
a
medical
have
a
medical
deems it relevant for the
deems it relevant for the
examination carried out
examination carried out
assessment
of
the
assessment
of
the
in order to submit a
in order to submit a
applicant's request for
applicant's request for
medical certificate to the
medical certificate to the
international
protection,
international
protection,
determining authority in
determining authority in
in
accordance
with
in
accordance
with
support
of
his/her
support
of
his/her
Article 4 of Directive
Article 4 of Directive
statements regarding past
statements regarding past
[…/…./EU][Qualificatio
[…/…./EU][Qualificatio
persecution or serious
persecution or serious
n
Directive],
n
Directive],
harm. Member States
harm. Member States
[…]
Member
[…]
Member
may require the applicant
may require the applicant
States […] shall
States […] shall
to submit the results of
to submit the results of
,
subject
to
the
,
subject
to
the
the medical examination
the medical examination
applicant's
consent,
applicant's
consent,
to
the
determining
to
the
determining
[…]
arrange
[…]
arrange
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authority
within
a
authority
within
a
[…] for a medical
[…] for a medical
reasonable
time
limit
reasonable
time
limit
examination
of
examination
of
after he/she has been
after he/she has been
him/her
concerning
him/her
concerning
informed about his/her
informed about his/her
signs that might result
signs that might result
rights pursuant to this
rights pursuant to this
from past persecution or
from past persecution or
Article. If the applicant
Article. If the applicant
serious
harm
serious
harm
fails to submit the results
fails to submit the results
[…]
[…]
of
the
medical
of
the
medical
[…] . Alternativel
[…] . Alternativel
examination within that
examination within that
y, Member States may
y, Member States may
time limit without good
time limit without good
provide
that
provide
that
reasons,
it
shall
not
reasons,
it
shall
not
[…] the applicant
[…] the applicant
prevent the determining
prevent the determining
arranges […]
arranges […]
authority from taking a
authority from taking a
for
such
a
medical
for
such
a
medical
decision
on
the
decision
on
the
examination.
examination.
application
for
application
for
international protection.
international protection.
The
medical
The
medical
examinations
examinations
mentioned
in
mentioned
in
subparagraph
1
subparagraph
1
[…] shall be carried
[…] shall be carried
out by qualified medical
out by qualified medical
professionals and the
professionals and the
result
thereof
result
thereof
[…]
shall
be
[…]
shall
be
submitted
to
the
submitted
to
the
determining
authority
determining
authority
as soon as possible .
as soon as possible .
Member States may
Member States may
designate
the medical
designate
the medical
professionals who can
professionals who can
carry out these medical
carry out these medical
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examinations. The
examinations. The
applicant's
refusal
to
applicant's
refusal
to
undergo such a medical
undergo such a medical
examination
shall
not
examination
shall
not
prevent the determining
prevent the determining
authority from taking a
authority from taking a
decision
on
the
decision
on
the
application
for
application
for
international
international
protection.
protection.
Medical examinations Medical examinations carried
carried out in accordance out in accordance with this
with this paragraph shall paragraph shall be paid for out of
be paid for out of public public funds.
funds.
2.
Member States shall 2.
When no medical
[…] , whenever
examination is carried
relevant,
inform
out in accordance with
applicants that they may
paragraph 1, Member
on their own initiative
States shall […]
and at their own cost
,
whenever
arrange for a medical
relevant,
inform
examination
concerning
applicants that they may
signs that might result
on their own initiative
from past persecution or
and at their own cost
serious
harm
arrange for a medical
[…] .
examination
concerning
signs that might result
from past persecution or
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serious
harm
[…] .
2.
Without
prejudice
to 2.
Without
prejudice
to
paragraph 1, in cases
paragraph 1, in cases
where the determining
where the determining
authority considers that
authority considers that
there is reason to believe
there is reason to believe
that
the
applicant's
that
the
applicant's
ability to be interviewed
ability to be interviewed
and/or to give accurate
and/or to give accurate
and coherent statements
and coherent statements
does not exist or is
does not exist or is
limited as a results of
limited as a results of
post-traumatic
stress
post-traumatic
stress
disorder,
past
disorder,
past
persecution or serious
persecution or serious
harm, it shall ensure that
harm, it shall ensure that
a medical examination is
a medical examination is
carried out with the
carried out with the
applicant's consent. The
applicant's consent. The
applicant's
refusal
to
applicant's
refusal
to
undergo such a medical
undergo such a medical
examination
shall
not
examination
shall
not
prevent the determining
prevent the determining
authority from taking a
authority from taking a
decision
on
the
decision
on
the
application
for
application
for
international protection.
international protection.
3.
Member
States
shall 3.
Member
States
shall […]
[…]
provide
for
relevant
provide
for
relevant
arrangements in order to
arrangements in order to
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ensure that impartial and
ensure that impartial and
qualified
medical
qualified
medical
expertise
is
made
expertise
is
made
available for the purpose
available for the purpose
of medical examinations
of medical examinations
referred to in paragraph
referred to in paragraph
2.
2
and that the less
invasive
medical
examination is selected
when the applicant is a
minor.
4.
Member
States
shall 4.
Member
States
shall […]
[…]
provide for further rules
provide for further rules
and
arrangements for
and
arrangements for
identification
and
identification
and
documentation
of
documentation
of
symptoms of torture and
symptoms of torture and
other forms of physical,
other forms of physical,
sexual or psychological
sexual or psychological
violence, relevant to the
violence, relevant to the
application
of
this
application
of
this
Article.
Article.
5.
Member
States
shall 5.
Member
States
shall […]
[…]
ensure that the persons
ensure that the persons
interviewing
applicants
interviewing
applicants
pursuant to this Directive
pursuant to this Directive
receive
training
with
receive
training
with
regard to the awareness
regard to the awareness
of symptoms of torture
of symptoms of torture
and of medical problems
and of medical problems
which could adversely
which could adversely
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affect
the
applicant's
affect
the
applicant's
ability to be interviewed.
ability to be interviewed.
6.
The results of medical 6.
The results of medical 3 […] .
The
3 […] .
The
examinations referred to
examinations referred to
results
of
medical
results
of
medical
in paragraphs 1 and 2
in paragraphs 1 and 2
examinations referred to
examinations referred to
shall be assessed by the
shall be assessed by the
in paragraphs 1 and 2
in paragraphs 1 and 2
determining
authority
determining
authority
shall be assessed by the
shall be assessed by the
along
with
other
along
with
other
determining
authority
determining
authority
elements
of
the
elements
of
the
along
with
other
along
with
other
application.
application.
elements
of
the
elements
of
the
application.
application.
They shall, in particular,
be taken into account
when
establishing
whether the applicant's
statements are credible
and sufficient.
Article 19
Article 19
Article 19
Article 19
Provision of legal and
Provision of legal and
Provision of legal and
Provision of legal and
procedural information free of
procedural information free of
procedural information free of
procedural information free of
charge in procedures at first
charge in procedures at first
charge in procedures at first
charge in procedures at first
instance
instance
instance
instance
1.
Member
States
shall 1.
Member
States
shall 1.
In procedures at first
ensure that legal and
ensure that legal and
instance provided for in Pending.
procedural information is
procedural information is
Chapter III Member
provided free of charge
provided free of charge
States shall ensure that
to applicants, on request,
to applicants, on request,
[…] , on request,
Political red line.
in procedures at first
in procedures at first
applicants
are
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instance provided for in
instance provided for in
provided with legal and
Chapter III. This shall
Chapter III. This shall
procedural
information Presidency suggests to maintain
include, at least, the
include, at least, the
free
of
charge Council text
provision of information
provision of information
[…] . This shall
on the procedure in the
on the procedure in the
include, at least, the EP maintains its amendment in
light of the applicant's
light of the applicant's
provision of information paragraph 1.
particular circumstances
particular circumstances,
on the procedure in the
and
explanations
of
preparation
of
the
light of the applicant's
reasons in fact and in law
necessary
procedural
particular circumstances.
in the event of a negative
documents,
including
[…] In the
decision.
during
the
personal
event
of
a negative
interview,
and
decision
, Member
explanations of reasons
States shall also, on
in fact and in law in the
request,
provide
event
of
a negative
applicants
with
decision.
information - in addition
to
that
given
in
accordance with Articles
11(2) and 12(1)(f) - in
order
to
clarify
the
reasons of such decision
and explain how it can
be
challenged
[…] .
2.
The provision of legal 2.
The provision of legal 2.
The provision of legal Identical
and
procedural
and
procedural
and
procedural
information
free
of
information
free
of
information
free
of
charge shall be subject to
charge shall be subject to
charge shall be subject to
the conditions laid down
the conditions laid down
the conditions laid down
in Article 21.
in Article 21.
in Article 21.
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Article 20
Article 20
Article 20
Article 20
Free legal assistance and
Free legal assistance and
Free legal assistance and
Free legal assistance and
representation in appeals
representation in appeals
representation in appeals
representation in appeals
procedures
procedures
procedures
procedures
1.
In the event of a negative 1.
Member
States
shall 1.
In the event of a negative Identical.
decision
by
the
ensure that free legal
decision
by
the
determining
authority,
assistance
and
determining
Member
States
shall
representation is granted
authority,Member States
ensure that free legal
on request in appeals
shall ensure that free
assistance
and/or
procedures provided for
legal assistance and/or
representation is granted
in Chapter V. This shall
representation is granted
on request subject to the
include, at least, the
on request subject to the
provisions of paragraph
preparation
of
the
provisions of paragraph
3
in
appeals
required
procedural
3
in
appeals
procedures provided for
documents
and
procedures provided for
in Chapter V. This shall
participation
in
the
in Chapter V. This shall
include, at least, the
hearing before the court
include, at least, the
preparation
of
the
or
tribunal
of
first
preparation
of
the
required
procedural
instance on behalf of the
required
procedural
documents
and
applicant.
documents
and
participation
in
the
participation
in
the
hearing before the court
hearing before the court
or
tribunal
of
first
or
tribunal
of
first
instance on behalf of the
instance on behalf of the
applicant.
applicant.
2.
Member States may also 2.
Member States may also 2.
Member States may also Identical.
provide
free
legal
provide
free
legal
provide
free
legal
assistance
and/or
assistance
and/or
assistance
and/or
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representation
in
representation
in
representation
in
procedures
at
first
procedures
at
first
procedures
at
first
instance provided for in
instance provided for in
instance provided for in
Chapter III. In such
Chapter III.
In
such
Chapter III. In such
cases, Article 19 shall
cases, Article 19 shall
cases, Article 19 shall
not apply.
not apply.
not apply.
3.
Member
States
may 3.
Member
States
may 3.
Member
States
may Agreed to take Council text. See
provide that free legal
provide that free legal
provide that free legal shadow meeting of 8.11.2012,
assistance
and
assistance
and
assistance
and note for the shadows, page 4.
representation
not
be
representation
not
be
representation
not
be
granted if the applicant's
granted if the applicant's
granted if the applicant's
appeal is considered by a
appeal is considered by a
appeal is considered by a
court or tribunal to have
court or tribunal to have
court or tribunal or
no tangible prospect of
no tangible prospect of
other
competent
success.
success.
authority to have no
tangible
prospect
of
success.
Where a decision not
to
grant
free
legal
assistance
and
representation
pursuant
to this paragraph is taken
by an authority which is
not a court or tribunal,
Member
States
shall
provide the right to an
effective remedy before
a
court
or
tribunal
against this decision.
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In such a case, Member
In such a case, Member
In the application of
States shall ensure that
States shall ensure that
this
paragraph
legal
assistance
and
legal
assistance
and
[…]
,
Member
representation
is
representation
is
States shall ensure that
not arbitrarily
restricted
not arbitrarily
restricted
legal
assistance
and
and that the applicant's
and that the applicant's
representation
is
effective access to justice
effective access to justice
not arbitrarily
restricted
is not hindered.
is not hindered.
and that the applicant's
effective access to justice
is not hindered.
4.
Free legal assistance and 4.
Free legal assistance and 4.
Free legal assistance and Identical.
representation shall be
representation shall be
representation shall be
subject to the conditions
subject to the conditions
subject to the conditions
laid down in Article 21.
laid down in Article 21.
laid down in Article 21.
Article 21
Article 21
Article 21
Article 21
Conditions for the provision of
Conditions for the provision of
Conditions for the provision of
Conditions for the provision of
legal and procedural
legal and procedural
legal and procedural
legal and procedural
information free of charge
information free of charge
information free of charge
information free of charge
and free legal assistance and
and free legal assistance and
and free legal assistance and
and free legal assistance and
representation
representation
representation
representation
1.
Member
States
may 1.
Member
States
may 1.
Member
States
may Agreed to take compromise text:
provide that the legal and
provide that the legal and
provide that the legal and See follow-up note of 20.11.2012.
procedural
information
procedural
information
procedural
information
referred to in Article 19
referred to in Article 19
referred to in Article 19 1.
Member
States
may
and the legal assistance
and the legal assistance
is
provide that the legal and
and
representation
and
representation
[…] provided
by
procedural
information
referred to in Article 20
referred to in Article 20
non-governmental
referred to in Article 19
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are provided by non-
are
provided
by
organisations,
is
governmental
specialised,
suitably
government officials, or
[…] provided
by
organisations,
qualified and impartial
specialised services of
non-governmental
government officials, or
legal
advisers,
the State.
organisation
,
or
specialised services of
counsellors,
other
professionals
from
the State.
qualified professionals
government
authorities
or
qualified
non
officials, or specialised
governmental
services of the State.
organisations
specifically
designated by national
law
to
assist
and
represent
asylum
seekers.
Member
States
shall
allow
and facilitate the
provision
by
non-
governmental
organisations
of
free
legal assistance and/or
representation
to
applicants
for
international
protection
in procedures provided
for in Chapter III and/or
Chapter V.
Free legal assistance and
Free legal assistance
representation referred to
and
representation
in Article 20 shall be
referred to in Article 20
provided by such persons
shall be provided by
as admitted or permitted
such persons as admitted
under national law.
or
permitted
under
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national law.
1.
Member
States
shall
1.
Member
States
shall
allow
applicants
for
allow
applicants
for
asylum the opportunity,
asylum the opportunity,
at their own cost, to
at their own cost, to
consult in an effective
consult in an effective
manner a legal adviser or
manner a legal adviser or
other
counsellor,
other
counsellor,
admitted or permitted as
admitted or permitted as
such under national law,
such under national law,
on matters relating to
on matters relating to
their
asylum
their
asylum
applications.
applications.
2. 3.
Member
States
may 2.
Member
States
may 2. 3.
Member
States
may 2. 3.
Member
States
may
provide in their national
provide
that
the
provide in their national
provide in their national
legislation that the
provision
of legal
and
legislation that the
legislation that the
provision
of legal
and
procedural
information
provision
of legal
and
provision
of legal
and
procedural
information
free of charge referred to
procedural
information
procedural
information
free of charge referred to
in Article 19 and free
free of charge referred to
free of charge referred to
in Article 19 and free
legal
assistance
and
in Article 19 and free
in Article 19 and free
legal assistance and/or
representation referred to
legal assistance and/or
legal assistance and/or
representation
in Article 20 are granted:
representation
representation
referred to in Article
referred to in Article
referred to in Article
20
are
is
20
are
is
20
are
is
granted:
granted:
granted:
(a)
only for procedures
(a)
only for procedures
before a court or
before a court or
tribunal
in
tribunal
in
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accordance
with
accordance
with
Chapter V and not
Chapter V and not
for
any onward
for
any onward
appeals or reviews
appeals or reviews
provided for under
provided for under
national
law,
national
law,
including
a
including
a
rehearing
of
an
rehearing
of
an
appeal
following
appeal
following
an onward appeal
an onward appeal
or review; and/or
or review; and/or
(a b) only to those who
(a)
only to those who
(ab) only to those who
(ab) only to those who
lack
sufficient
lack
sufficient
lack
sufficient
lack
sufficient
resources; and/or
resources; and/or
resources; and/or
resources; and/or
(b c) only
through
(b)
only
for
the
(bc) only
through
(bc) only
through
the
services
services
provided
the
services
the
services
provided by to
by legal advisers or
provided by to
provided by to
legal advisers or
other
counsellors
legal advisers or
legal advisers or
other
counsellors
specifically
other
counsellors
other
counsellors
specifically
designated
by
specifically
specifically
designated
by
national
law
to
designated
by
designated
by
national
law
to
assist
and/or
national
law
to
national
law
to
assist
and/or
represent
assist
and/or
assist
and/or
represent
applicants
represent
represent
applicants
for
for international
applicants
for
applicants
for
international
protection.
international
international
protection
protection
protection
asylum. and/or
asylum. and/or
asylum. and/or
and that free legal
and that free legal
assistance
and
assistance
and
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representation
representation
referred
to
in
referred
to
in
Article
20
is
Article
20
is
granted
granted
(c) only for first time
(c) only for
first time
appeals procedures
appeals procedures
in accordance with
in accordance with
Chapter V before a
Chapter V before a
court or tribunal
court or tribunal
of
and not for any
first instance and
onward appeals or
not for any onward
reviews
provided
appeals or reviews
for under national
provided for under
law
including
national
law
rehearings
or
including
reviews
of
rehearings
or
appeals.
reviews of appeals.
Member
States
may also provide
that
free legal
assistance
and
representation
referred
to
in
Article 20 is not
granted
to
applicants
who
are
no
longer
present on the
territory
in
application
of
Article 41(2)(c).
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(d)
only if the appeal
(d)
only if the appeal
or review is likely
or review is likely
to succeed.
to succeed.
Member
States
shall
Member
States
shall
ensure
that
legal
ensure
that
legal
assistance
and/or
assistance
and/or
representation
granted
representation
granted
under point (d) is not
under point (d) is not
arbitrarily restricted.
arbitrarily restricted.
3. 4.
Rules
concerning
the 3.
Rules
concerning
the 3.4.
Rules
concerning
the Identical
modalities for filing and
modalities for filing and
modalities for filing and
processing requests for
processing requests for
processing requests for
legal and procedural
legal
and
procedural
legal and procedural
information
under
information
under
information
under
Article 19 and legal
Article 19 and legal
Article 19 and legal
assistance
and/or
assistance
and
assistance
and/or
representation under
representation
under
representation under
Article 20 may be
Article
20
may
be
Article 20 may be
provided
by
Member
provided
by
Member
provided
by
Member
States.
States.
States.
4. 5.
Member States may also: 4.
Member States may also: 4.5.
Member States may also: Identical
(a)
impose
monetary
(a)
impose
monetary
(a)
impose
monetary Identical
and/or time limits
and/or time limits
and/or time limits
on the provision
on the provision of
on the provision
of
legal
and
legal
and
of
legal
and
procedural
procedural
procedural
information free of
information free of
information free of
charge referred to
charge referred to
charge referred to
in Article 19 and
in Article 19 and
in Article 19 and
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the provision of
the
provision of
the provision of
free
legal
free
legal
free
legal
assistance
and/or
assistance
and
assistance
and/or
representation
representation
representation
referred to in
referred
to
in
referred to in
Article
20
,
Article
20,
Article
20
,
provided that such
provided that such
provided that such
limits
do
not
limits
do
not
limits
do
not
arbitrarily
restrict
arbitrarily
restrict
arbitrarily
restrict
access to the
access
to
the
access to the
provision of legal
provision of legal
provision of legal
and
procedural
and
procedural
and
procedural
information and
information
and
information and
legal
assistance
legal
assistance
legal
assistance
and/or
and representation;
and/or
representation;
representation;
(b)
provide
that,
as
(b)
provide
that,
as
(b)
provide
that,
as Identical
regards fees and
regards fees and
regards fees and
other
costs,
the
other
costs,
the
other
costs,
the
treatment
of
treatment
of
treatment
of
applicants shall not
applicants shall not
applicants shall not
be more favourable
be more favourable
be more favourable
than the treatment
than the treatment
than the treatment
generally accorded
generally accorded
generally accorded
to their nationals in
to their nationals in
to their nationals in
matters pertaining
matters pertaining
matters pertaining
to legal assistance.
to legal assistance.
to legal assistance.
5. 6.
Member
States
may 5.
Member
States
may 5.6.
Member
States
may Identical
demand to be reimbursed
demand to be reimbursed
demand to be reimbursed
wholly or partially for
wholly or partially for
wholly or partially for
any expenses granted if
any expenses granted if
any expenses granted if
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and when the applicant's
and when the applicant's
and when the applicant's
financial
situation
has
financial
situation
has
financial
situation
has
improved
considerably
improved
considerably
improved
considerably
or if the decision to grant
or if the decision to grant
or if the decision to grant
such benefits was taken
such benefits was taken
such benefits was taken
on the basis of false
on the basis of false
on the basis of false
information supplied by
information supplied by
information supplied by
the applicant.
the applicant.
the applicant.
Article 22
Article 22
Article 22
Agreed to take EP text. See
shadow meeting of 8.11.2012,
note for the shadows, page 4.
Article 22
Right to legal assistance and
Right to legal assistance and
Right to legal assistance and
Right to legal assistance and
representation at all stages of
representation at all stages of
representation at all stages of
representation at all stages of
the procedure
the procedure
the procedure
the procedure
1.
Member
States
shall 1.
Applicants shall be given 1.
Member
States
shall 1.
Member
States
shall
allow
Applicants
the
opportunity
to
allowApplicants
allowApplicants
applicants
for
asylum
consult, at their own
applicants
for
asylum
applicants
for
asylum
shall be given the
cost, in an effective
shall be given the
shall be given the
opportunity, at their own
manner a legal adviser or
opportunity, at their own
opportunity, at their own
cost, to consult , at
other
counsellor,
cost, to consult , at
cost, to consult , at
their own cost, in an
admitted or permitted as
their own cost, in an
their own cost, in an
effective manner a legal
such under national law,
effective manner a legal
effective manner a legal
adviser
or
other
on matters relating to
adviser
or
other
adviser
or
other
counsellor, admitted or
their
applications for
counsellor, admitted or
counsellor, admitted or
permitted as such under
international
protection,
permitted as such under
permitted as such under
national law, on matters
at all stages of the
national law, on matters
national law, on matters
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relating to their asylum
procedure,
including
relating to their asylum
relating to their asylum
applications
for
following
a
negative
applications
for
applications
for
international
protection,
decision.
international
protection,
international
protection,
at all stages of the
at all stages of the
at all stages of the
procedure,
including
procedure,
including
procedure,
including
following
a
negative
following
a
negative
following
a
negative
decision .
decision .
decision .
2.
Member
States
may 2.
Member
States
may 2.
Member
States
may 2.
Member
States
may
allow non-governmental
allow non-governmental
allow non-governmental
allow non-governmental
organisations to provide
organisations to provide
organisations to provide
organisations to provide
legal assistance and/or
legal assistance and/or
legal assistance and/or
legal assistance and/or
representation
to
representation
to
representation
to
representation
to
applicants
for
applicants
for
applicants
for
applicants
for
international
protection
international
protection
international
protection
international
protection
in procedures provided
in procedures provided
in procedures provided
in procedures provided
for in Chapter III and
for in Chapter III and
for in Chapter III and
for in Chapter III and
Chapter V.
Chapter V
in accordance
Chapter V.
Chapter
V
in
with national law.
accordance
with
national law.
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Article 23 16
Article 23
Article 23 16
Agreed to take the compromise
text. See shadow meeting of
8.11.2012, note for the shadows,
page 4.
Article 23 16
Scope of legal assistance and
Scope of legal assistance and
Scope of legal assistance and
Scope of legal assistance and
representation
representation
representation
representation
1.
Member
States
shall 1.
Member
States
shall 1.
Member
States
shall 1.
Member
States
shall
ensure
that
a
legal
ensure
that
a
legal
ensure
that
a
legal
ensure
that
a
legal
adviser
or
other
adviser
or
other
adviser
or
other
adviser
or
other
counsellor admitted or
counsellor admitted or
counsellor admitted or
counsellor admitted or
permitted as such under
permitted as such under
permitted as such under
permitted as such under
national law, and who
national law, and who
national law, and who
national law, and who
assists or represents an
assists or represents an
assists or represents an
assists or represents an
applicant
for
applicant
for
applicant
for
applicant
for
international
international
protection
international
international
protection
asylum
under
the
terms
of
protection
asylum
protection
asylum
under
the
terms
of
national law, shall enjoy
under
the
terms
of
under
the
terms
of
national law, shall enjoy
access to the information
national law, shall enjoy
national law, shall enjoy
access to the such
in the applicant's file
access to the such
access to the such
information
in
the
upon which a decision is
information
in
the
information
in
the
applicant's file upon
or will be made.
applicant's file upon
applicant's file upon
which a decision is or
which a decision is or
which a decision is or
will be made as is
will be made as is
will be made as is
liable to be examined by
liable to be examined by
liable to be examined by
the authorities referred to
the authorities referred to
the authorities referred to
in Chapter V, insofar as
in Chapter V, insofar as
in Chapter V, insofar as
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the
information
is
the
information
is
the
information
is
relevant
to
the
relevant
to
the
relevant
to
the
examination
of
the
examination
of
the
examination
of
the
application.
application.
application.
Member
States
may
Member
States
may
Member
States
may
Member
States
may
make an exception where
make an exception where
make an exception where
make an exception where
disclosure of information
disclosure of information
disclosure of information
disclosure of information
or
sources
would
or
sources
would
or
sources
would
or
sources
would
jeopardise
national
jeopardise
national
jeopardise
national
jeopardise
national
security, the security of
security, the security of
security, the security of
security, the security of
the
organisations
or
the
organisations
or
the
organisations
or
the
organisations
or
person(s) providing the
person(s) providing the
person(s) providing the
person(s) providing the
information
or
the
information
or
the
information
or
the
information
or
the
security of the person(s)
security of the person(s)
security of the person(s)
security of the person(s)
to whom the information
to whom the information
to whom the information
to whom the information
relates or where the
relates or where the
relates or where the
relates or where the
investigative
interests
investigative
interests
investigative
interests
investigative
interests
relating
to
the
relating
to
the
relating
to
the
relating
to
the
examination
of
examination
of
examination
of
examination
of
applications
for
of
applications
for
applications
for
of
applications
for
of
international
international
protection
international
international
protection asylum by
by
the
competent
protection asylum by
protection asylum by
the competent authorities
authorities
of
the
the competent authorities
the competent authorities
of the Member States or
Member States or the
of the Member States or
of the Member States or
the
international
international relations of
the
international
the
international
relations of the Member
the
Member
States
relations of the Member
relations of the Member
States
would
be
would be compromised.
States
would
be
States
would
be
compromised. In these
In these cases, Member
compromised. In these
compromised. In these
cases, Member States
States shall:
cases, Member States
cases, Member States
shall:
shall:
shall:
(a)
grant access to the
(a)
grant access to the
(a)
make access to
(a) make access
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information
or
information
or
the information or
to the information
sources in question
sources in question
sources in question
or
sources
in
to a legal adviser
to a legal adviser
available
to
the
question
available
or counsellor who
or counsellor who
authorities referred
to the authorities
has undergone a
has undergone a
to in Chapter V;
referred
to
in
security check or,
security check or,
[…]
Chapter
V;
at
least,
to
at
least,
to
[…]
, and
specialised
specialised
services
of
the
services
of
the
State
that
are
State
that
are
allowed
under
allowed
under
national
law
to
national
law
to
represent
the
represent
the
applicant for this
applicant for this
specific
purpose,
specific
purpose,
insofar
as
the
insofar
as
the
information
is
information
is
relevant
to
the
relevant
to
the
examination of the
examination of the
application
or
application
or
taking a decision to
taking a decision to
withdraw
withdraw
international
international
protection;
protection;
(b)
make
(b)
make access to the
(b)
establish
in
(b)
establish
in
access
to
the
information
or
national
law
national
law
information
or
sources in question
procedures
procedures
sources in question
available
to
the
guaranteeing
that
guaranteeing
that
shall be available
authorities referred
the
applicant's
the
applicant's
to the authorities
to in Chapter V.
rights of defence
rights of defence
referred
to
in
are respected. In
are respected. In
Chapter V, except
this
respect,
this
respect,
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where such access
Member
States
Member
States
is
precluded
in
may in particular
may in particular
cases of national
grant access to the
grant access to the
security.
information
or
information
or
sources in question
sources in question
to a legal adviser
to a legal adviser
or counsellor who
or counsellor who
has undergone a
has undergone a
security
check,
security
check,
insofar
as
the
insofar
as
the
information
is
information
is
relevant
to
the
relevant
to
the
examination of the
examination of the
application
or
application
or
taking a decision to
taking a decision to
withdraw
withdraw
international
international
protection
protection
[…] ;
[…] ;
2.
Member
States
shall 2.
Member
States
shall 2.
Member
States
shall 2.
Member
States
shall
ensure that the legal
ensure that the legal
ensure that the legal
ensure that the legal
adviser
or
other
adviser
or
other
adviser
or
other
adviser
or
other
counsellor who assists or
counsellor who assists or
counsellor who assists or
counsellor who assists or
represents an applicant
represents an applicant
represents an applicant
represents an applicant
for asylum has access to
has access to closed
for asylum has access to
for asylum has access to
closed areas, such as
areas, such as detention
closed areas, such as
closed areas, such as
detention facilities and
facilities
and
transit
detention facilities and
detention facilities and
transit zones, for the
zones, for the purpose of
transit zones, for the
transit zones, for the
purpose
of
consulting
consulting that applicant,
purpose
of
consulting
purpose
of
consulting
that applicant , in
in
accordance
with
that applicant , in
that applicant , in
accordance with Article
Article 10(4) and Article
accordance with Article
accordance with Article
10(4)
and
Article
18(2)(b)
and
(c)
of
10(4)
and
Article
10(4)
and
Article
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18(2)(b)
and
(c)
of
Directive
[…/…/EU]
18(2)(b)
and
(c)
of
18(2)(b)
and
(c)
of
Directive
[…/…/EU]
[the
Reception
Directive
[…/…/EU]
Directive
[…/…/EU]
[the
Reception
Conditions Directive].
[the
Reception
[the
Reception
Conditions Directive] .
Conditions Directive] .
Conditions Directive] .
Member States may only
Member States may only
Member States may only
limit the possibility of
limit the possibility of
limit the possibility of
visiting
applicants
in
visiting
applicants
in
visiting
applicants
in
closed areas where such
closed areas where such
closed areas where such
limitation is, by virtue of
limitation is, by virtue of
limitation is, by virtue of
national
legislation,
national
legislation,
national
legislation,
objectively necessary for
objectively necessary for
objectively necessary for
the security, public order
the security, public order
the security, public order
or
administrative
or
administrative
or
administrative
management of the area,
management of the area,
management of the area,
or in order to ensure an
or in order to ensure an
or in order to ensure an
efficient examination of
efficient examination of
efficient examination of
the application, provided
the application, provided
the application, provided
that access by the legal
that access by the legal
that access by the legal
adviser
or
other
adviser
or
other
adviser
or
other
counsellor is not thereby
counsellor is not thereby
counsellor is not thereby
severely
limited
or
severely
limited
or
severely
limited
or
rendered impossible.
rendered impossible.
rendered impossible.
3.
Member
States
shall 3.
Member
States
shall 3.
Member
States
shall 3.
Member
States
shall
allow the applicant to
allow the applicant to
allow the applicant to
allow the applicant to
bring to the personal
bring to the personal
bring to the personal
bring to the personal
interview a legal adviser
interview a legal adviser
interview a legal adviser
interview a legal adviser
or
other
counsellor
or
other
counsellor
or
other
counsellor
or
other
counsellor
admitted or permitted as
admitted or permitted as
admitted or permitted as
admitted or permitted as
such under national law.
such under national law
,
such under national law.
such under national law.
or
a
qualified
professional.
Member States may
stipulate that the legal
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adviser
or
other
counsellor may only
intervene at the end of
the interview.
4. 3.
Member
States
may 4.
Member
States
may 4.3.
Member
States
may 4.3.
Member
States
may
provide rules covering
provide rules covering
provide rules covering
provide rules covering
the presence of legal
the presence of legal
the presence of legal
the presence of legal
advisers
or
other
advisers
or
other
advisers
or
other
advisers
or
other
counsellors
at
all
counsellors
at
all
counsellors
at
all
counsellors
at
all
interviews
in
the
interviews
in
the
interviews
in
the
interviews
in
the
procedure,
without
procedure,
without
procedure,
without
procedure,
without
prejudice to this Article
prejudice to this Article
prejudice to this Article
prejudice to this Article
or
to
Article 25(1)(b)
or to Article 25(1)(b).
or
to
Article 25(1)(b)
or
to
Article 25(1)(b)
17(1)(b).
17(1)(b).
17(1)(b).
4.
Member
States
may
4.
Member
States
may
provide that the applicant
provide that the applicant
is allowed to bring with
is allowed to bring with
him/her to the personal
him/her to the personal
interview a legal adviser
interview a legal adviser
or
other
counsellor
or
other
counsellor
admitted or permitted as
admitted or permitted as
such under national law.
such under national law.
Member
States
may
Member
States
may
Member
States
may
Member
States
may
require the presence of
require the presence of
require the presence of
require the presence of
the
applicant
at
the
the
applicant
at
the
the
applicant
at
the
the
applicant
at
the
personal interview, even
personal interview, even
personal interview, even
personal interview, even
if he/she is represented
if he/she is represented
if he/she is represented
if he/she is represented
under
the
terms
of
under
the
terms
of
under
the
terms
of
under
the
terms
of
national law by such a
national law by such a
national law by such a
national law by such a
legal
adviser
or
legal
adviser
or
legal
adviser
or
legal
adviser
or
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counsellor,
and
may
counsellor,
and
may
counsellor,
and
may
counsellor,
and
may
require the applicant to
require the applicant to
require the applicant to
require the applicant to
respond in person to the
respond in person to the
respond in person to the
respond in person to the
questions asked.
questions asked.
questions asked. They
questions asked.
They
may also stipulate that
may also stipulate that
the legal adviser or other
the legal adviser or
counsellor
may
only
other counsellor may
intervene at the end of
only intervene at the
the interview.
end of the interview.
The absence of a legal
The absence of a legal
The absence of a legal
The absence of a legal
adviser
or
other
adviser
or
other
adviser
or
other
adviser
or
other
counsellor
shall
not
counsellor
shall
not
counsellor
shall
not
counsellor
shall
not
prevent the competent
prevent the
determining
prevent the competent
prevent the competent
authority
from
authority
from
authority
from
authority
from
conducting the personal
conducting the personal
conducting the personal
conducting the personal
interview
with
the
interview
with
the
interview
with
the
interview
with
the
applicant
, without
applicant,
without
applicant
, without
applicant
, without
prejudice
to
Article
prejudice
to
Article
prejudice
to
Article
prejudice
to
Article
25(1)(b) .
25(1)(b).
25(1)(b) .
25(1)(b) .
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Article 24
Article 24
Article 24
Pending.
Political red line.
See EP and Presidency
suggestions
Article 24
Applicants in need of special
Applicants in need of special
Applicants in need of special
Applicants in need of special
procedural guarantees
procedural guarantees
procedural guarantees
procedural guarantees
1.
Member
States
shall 1.
Member
States
shall 1.
[…]
Member
ensure that applicants in
ensure that applicants in
States shall endeavour
need
of
special
need
of
special
to identify applicants in
procedural
guarantees
procedural
guarantees
need
of
[…] Presidency suggestion.
are identified in due
are identified in due
special
procedural
time.
To
that
end,
time,
as soon as an
guarantees before a 1.
[…]
Member
Member States may use
application
for
first instance decision is
States shall endeavour
to identify applicants in
the mechanism provided
international protection
taken. […]
need
of
[…]
for in Article 22 of
is lodged.To that end,
Directive
[…/…/EU]
special
procedural
Member States shall
[the
Reception
establish procedures in
guarantees before a
first instance decision is
Conditions Directive].
national law with a view
taken. […]
to identifying whether
the applicant has special
EP suggestion
needs and indicating the
nature of such needs in
accordance with Article
1.
Member
States
shall
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22
of
Directive
assess
within
a
[…/…/EU]
(the
reasonable period of
Reception
Conditions
time after an application
Directive)].
for
international
protection
is
made
whether the applicant is
an applicant in need of
special
procedural
guarantees.
Member
States
shall
Member
States
shall
[…]
ensure that this Article
ensure that this Article
Presidency suggestion.
also applies if it becomes
also applies if it becomes
apparent at a later stage
apparent at a later stage
[…]
in the procedure that an
in the procedure that an
applicant is in need of
applicant is in need of
special
procedural
special
procedural
guarantees.
guarantees.
2.
Member States shall take 2.
Member States shall take 2.
Member
States
shall
appropriate measures to
appropriate measures to
ensure that […] Presidency suggestion.
ensure that applicants in
ensure that applicants in
where applicants have
need
of
special
need
of
special
been identified to be in
Member
States
shall
procedural
guarantees
procedural
guarantees
need
of
special
ensure that […]
are
granted
sufficient
are
granted
sufficient
procedural
guarantees,
where applicants have
time and relevant support
time and relevant support
they are provided with
been identified to be in
to present the elements
to present the elements
adequate support in order
need
of
special
of their application as
of their application as
to allow them to benefit
procedural
guarantees,
completely as possible
completely as possible
from
the
rights
and
they are provided with
and with all available
and with all available
comply
with
the
adequate support in order
evidence. Where needed,
obligations
of
this
to allow them to benefit
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evidence.
they shall be granted
Directive
[…]
from
the
rights
and
time extensions to enable
throughout
the
comply
with
the
them to submit evidence
duration
of
the
obligations
of
this
or take other necessary
asylum
procedure
Directive
[…]
steps in the procedure.
[…] .
throughout
the
duration of
the
asylum
procedure
[…]
.
Presidency suggestion.
2.
In order to effectively
implement
paragraph
1, Member States shall
assess
whether
the
applicant
is
an
applicant in need of
special
procedural
guarantees.
EP suggestion
2.
The assessment referred to
in paragraph 1 may be
integrated
into
existing
national procedures and/or
into
the
assessment
referred to in Article 22 of
the
Directive
(…..)(Reception
Conditions) and need not
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take the form of an
administrative procedure.
Presidency suggestion
3.
The
assessment
referred
to
in
paragraph 2 may be
integrated into existing
national
procedures
and/or
into
the
asse ssment referred to
in
Article
22
of
Directive
[…./EU](Reception
Conditions Directive)
and need not take the
form
of
an
administrative
procedure.
EP-suggestion
3.
Member
States
shall
ensure
that
where
applicants
have
been
identified to be in need of
special
procedural
guarantees,
they
are
provided with adequate
support in order to allow
them to benefit from the
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rights and comply with the
obligations
of
this
Directive throughout the
duration of the asylum
procedure.
EP suggestion
4.
Member
States
shall
ensure that these special
procedural needs are also
addressed, in accordance
with this Directive, if they
become apparent at a
later
stage
of
the
procedure. 1
In
cases
where the
In
cases
where the
[…]
Presidency suggestion
determining
authority
determining
authority
considers
that
an
considers
that
an
[…]
applicant
has
been
applicant
has
been
subjected to torture, rape
subjected to torture, rape
or other serious forms of
or other serious forms of
psychological,
physical
psychological,
physical
Exemptions from Articles 31(6)
or
sexual
violence,
or sexual violence, the
and 32(2) in Com proposal and
1 See RCD, Art.22, second subparagraph.
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Article 31(6) and Article
applicant
shall
be
maintained by EP: pending.
32(2) shall not apply.
granted sufficient time
and relevant support to
prepare for a personal
interview
on
the
substance
of
his/her
application.
Particular
attention shall be given
to those applicants who
did not mention their
sexual orientation at the
outset.
Article 31(6)
and
Article 32(2) shall not
apply.
[…] .
Presidency suggestion
[…]
3.
In accordance with the
Pending.
conditions laid down in
Article
19
and
20
applicants with special
needs shall enjoy free
legal assistance in all
procedures provided for
in this Directive.
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Agreed
to
take
Council
Article 25 17
Article 25
Article 25 17
compromise text. See follow-up
note
of
20.11.2012,
shadow
meeting of 8.11.2012, note for the
shadows, page 4 and shadow
meeting of 11 October 2012, note
I, page 10.
Except for issues still pending:
Political red line.
1. EP AM in paragraph 4.
2. EP AM on "most reliable"
examination in paragraph 5
3. Exemptions in paragraph 6
Article 25 17
Guarantees for unaccompanied
Guarantees for unaccompanied
Guarantees for unaccompanied
Guarantees for unaccompanied
minors
minors
minors
minors
1.
With
respect
to
all 1.
With
respect
to
all 1.
With
respect
to
all Identical
procedures provided for
procedures provided for
procedures provided for
in this Directive and
in this Directive and
in this Directive and 1.
With
respect
to
all
without prejudice to the
without prejudice to the
without prejudice to the
procedures provided for
provisions of Articles 14
provisions of Articles 14,
provisions of Articles 14
in this Directive and
, 15, 16, and 17 12
15, 16, and 17, Member
, 15, 16, and 17 12
without prejudice to the
and 14, Member States
States shall:
and 14, Member States
provisions of Articles 14
, 15, 16, and 17 12
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shall:
shall:
and 14, Member States
shall
(a)
take
(a)
immediately take
(a)
take
(a) take measures as
measures
as
measures
▌ to
measures
as
soon as possible to
soon as possible
ensure
that
a
soon as possible
ensure that a
take measures to
representative
take measures to
representative
ensure
that
a
represents
and
ensure
that
a
represents and assists
representative
assists
the
representative
the unaccompanied
represents
and/or
unaccompanied
represents
and/or
minor to enable
assists
the
minor
to enable
assists
the
him/her to benefit
unaccompanied
him/her to benefit
unaccompanied
from the rights and
minor to enable
from the rights and
minor to enable
comply with the
him/her to benefit
comply with the
him/her to benefit
obligations provided
from the rights and
obligations
from the rights and
for in this Directive.
comply with the
provided for in this
comply with the
The unaccompanied
obligations
Directive.
The
obligations
minor shall be
provided for in this
unaccompanied
provided for in this
informed
Directive
with
minor
shall
be
Directive
with
immediately of the
respect
to
the
informed
respect
to
the
appointment of the
examination of the
immediately of the
examination of the
representative. The
application. The
appointment of the
application. The
representative shall
representative shall
representative. In
representative
perform his/her
have the necessary
order to establish
[…] perform
duties in accordance
expertise
in
the
a level of trust
his/her duties in
with the principle of
field of childcare
with
the
accordance
with
the best interests of
and shall perform
unaccompanied
the principle of the
the child and shall
his/her duties in
minor
and
to
best interests of the
have the necessary
accordance
with
ensure continuity
child and shall
expertise to that end.
the principle of the
during
the
have the necessary
The person acting as
best interests of the
procedure,
expertise to that
representative shall
child.
Member
States
end
.
only be changed
The
This
shall ensure that
The
This
when necessary.
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representative can
the
same
representative can
Organisations or
also
be
the
representative
is
also
be
the
individuals whose
representative
responsible for the
representative
interests conflict or
referred
to
in
unaccompanied
referred
to
in
could potentially
Directive
minor, if possible
Directive
conflict with those of
[…/…/EU]
[the
during the entire
[…/…/EU]
[the
the unaccompanied
Reception
procedure.
Reception
minor shall
not be
Conditions
Conditions
eligible to become
Directive]
The representative
Directive]
representatives. The
Article 19
of
shall
be
Article 19
of
representative can
Directive
independent and
Directive
also be the
2003/9/EC of 27
impartial, have the
2003/9/EC of 27
representative
January
2003
necessary expertise
January
2003
referred to in
laying
down
in
the field of
laying
down
Directive […/…/EU]
minimum
childcare
, a basic
minimum
[the Reception
standards for the
knowledge
in
standards for the
Conditions
reception
of
asylum procedure
reception
of
Directive].”
asylum seekers1;
and shall perform
asylum seekers2;
his/her duties in
accordance
with
the principle of the
best interests of the
child.
The
representative can
also
be
the
representative
referred
to
in
Directive
[…/…/EU]
[the
Reception
1
OJ L 31, 6.2.2003, p. 18.
2
OJ L 31, 6.2.2003, p. 18.
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Conditions
Directive];
(b)
ensure
that
the
(b)
ensure
that
the
(b)
ensure
that
the Identical
representative
is
representative
is
representative
is
given
the
given
the
given
the
(b)
ensure
that
the
opportunity
to
opportunity
to
opportunity
to
representative
is
inform
the
inform
the
inform
the
given
the
unaccompanied
unaccompanied
unaccompanied
opportunity
to
minor about the
minor about the
minor about the
inform
the
meaning
and
meaning
and
meaning
and
unaccompanied
possible
possible
possible
minor about the
consequences
of
consequences
of
consequences
of
meaning
and
the
personal
the
personal
the
personal
possible
interview
and,
interview
and,
interview
and,
consequences
of
where appropriate,
where appropriate,
where appropriate,
the
personal
how
to
prepare
how
to
prepare
how
to
prepare
interview
and,
himself/herself for
himself/herself for
himself/herself for
where appropriate,
the
personal
the
personal
the
personal
how
to
prepare
interview. Member
interview. Member
interview. Member
himself/herself for
States
shall
States shall ensure
States
shall
the
personal
ensure
that
that
a
ensure
that
interview. Member
allow a the
representative
allow a the
States
shall
representative
and/or
a
legal
representative
ensure
that
and/or a legal
adviser or other
and/or a legal
allow a the
adviser or other
counsellor
adviser or other
representative
counsellor
admitted as such
counsellor
and/or a legal
admitted as such
under national law
admitted as such
adviser or other
under national law
or
qualified
under national law
counsellor
are to be present
professional
are
are to be present
admitted as such
at that interview
present
at
that
at that interview
under national law
and
have an
interview and have
and
have an
are to be present
opportunity
to
an opportunity to
opportunity
to
at that interview
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ask questions or
ask questions or
ask questions or
and
have an
make
comments,
make
comments,
make
comments,
opportunity
to
within
the
within
the
within
the
ask questions or
framework set by
framework set by
framework set by
make
comments,
the
person who
the
person who
the
person who
within
the
conducts
the
conducts
the
conducts
the
framework set by
interview.
interview.
interview.
the
person who
conducts
the
interview.
Member
States
may
Member
States
may
Member
States
may Identical
require the presence of
require the presence of
require the presence of
the
unaccompanied
the
unaccompanied
the
unaccompanied
Member
States
may
minor at the personal
minor at the personal
minor at the personal
require the presence of
interview, even if the
interview, even if the
interview, even if the
the
unaccompanied
representative is present.
representative is present.
representative is present.
minor at the personal
interview, even if the
representative is present.
2.
Member
States
may ▌
2.
Member
States
may 2.
Member
States
may
refrain from appointing a
refrain from appointing a
refrain from appointing a
representative where the
representative where the
representative where the
unaccompanied minor:
unaccompanied
minor:
unaccompanied
minor:
(a) will in all likelihood
(a) will in all likelihood
(a)
will
in
all
likelihood
reach the age of 18
reach the age of 18
reach the age of 18
years maturity before
years maturity before
years maturity before
a
decision
at
first
a
decision
at
first
a
decision
at
first
instance is taken; or
instance is taken; or
instance is taken; or
(b)
can avail himself,
(b)
can avail himself,
free of charge, of a
free of charge, of a
legal
adviser
or
legal
adviser
or
other
counsellor,
other
counsellor,
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admitted as such
admitted as such
under national law
under national law
to fulfil the tasks
to fulfil the tasks
assigned above to
assigned above to
the representative;
the representative;
or
or
(c)
is married or has
(c)
is married or has
been married.
been married.
3.
Member States may, in
3.
Member States may, in
accordance with the laws
accordance with the laws
and
regulations
in
and
regulations
in
force on
1 December
force on
1 December
2005, also refrain from
2005, also refrain from
appointing
a
appointing
a
representative where the
representative where the
unaccompanied minor is
unaccompanied minor is
16 years old or older,
16 years old or older,
unless he/she is unable to
unless he/she is unable to
pursue
his/her
pursue
his/her
application
without
a
application
without
a
representative.
representative.
3. 4.
Member
States
shall 3.
Member
States
shall 3.4.
Member
States
shall 3.4.
Member
States
shall
ensure that:
ensure that:
ensure that:
ensure that:
(a)
if
an
(a)
if
an
(a)
if
an
(a)
if
an
unaccompanied
unaccompanied
unaccompanied
unaccompanied
minor
has
a
minor
has
a
minor
has
a
minor
has
a
personal interview
personal interview
personal interview
personal interview
on
his/her
on
his/her
on
his/her
on
his/her
application
for
application
for
application
for
application
for
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international
international
international
international
protection
protection
as
protection
protection
asylum as referred
referred
to
in
asylum as referred
asylum as referred
to in Articles 14,
Articles 14, 15, 16,
to in Articles 14,
to in Articles 14,
15, 16, 17,
17, and 34 that
15, 16, 17,
15, 16, 17,
and 34 12, 13
interview
is
and 34 12, 13
and 34 12, 13
and
14,
that
conducted
by
a
and
14,
that
and
14,
that
interview
is
person who has the
interview
is
interview
is
conducted
by
a
necessary
conducted
by
a
conducted
by
a
person who has the
knowledge of the
person who has the
person who has the
necessary
special needs
and
necessary
necessary
knowledge of the
rights of minors;
knowledge of the
knowledge of the
special needs of
special needs of
special needs of
minors;
minors;
minors;
(b)
an official with the
(b)
an official with the
(b)
an official with the
(b)
an official with the
necessary
necessary
necessary
necessary
knowledge of the
knowledge of the
knowledge of the
knowledge of the
special needs of
special needs
and
special needs of
special needs of
minors
prepares
rights of minors
minors
prepares
minors
prepares
the decision by the
prepares
the
the decision by the
the decision by the
determining
decision
by
the
determining
determining
authority on the
determining
authority on the
authority on the
application of an
authority on the
application of an
application of an
unaccompanied
application of an
unaccompanied
unaccompanied
minor.
unaccompanied
minor.
minor.
minor.
4.
Unaccompanied minors, 4.
Unaccompanied minors, 4.
Unaccompanied minors, Pending.
together
with
the
together
with
their
together
with
the
representative, shall be
appointed representative,
representative, shall be 4.
Unaccompanied minors,
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provided, free of charge,
shall be provided, free of
provided, free of charge,
together
with
the
with legal and procedural
charge,
with respect to
with legal and procedural
representative, shall be
information as referred
all procedures provided
information as referred
provided, free of charge,
to in Article 19 also for
for in this Directive,
to in Article 19 also for
with legal and procedural
the procedures for the
with legal and
advice on
the procedures for the
information as referred
withdrawal
of
procedural and legal
withdrawal
of
to in Article 19 also for
international
protection
aspects
and
international
protection
the procedures for the
status provided for in
representation.
[…] provided for in
withdrawal
of
Chapter IV.
Chapter IV.
international
protection
[…] provided for in
Chapter IV.
5.
Member States may use 5.
Member States may use 5.
Member States may use Agreed to take Council text for
medical examinations to
medical examinations to
medical examinations to the first part of paragraph 5. See
determine the age of
determine the age of
determine the age of shadow meeting of 8.11.2012,
unaccompanied
minors
unaccompanied
minors
unaccompanied
minors note for the shadows, page 4.
within the framework of
within the framework of
within the framework of
the examination of an
the examination of an
the examination of an 5.
Member States may use
application
for
application
for
application
for
medical examinations to
international
international
protection
international
determine the age of
protection
asylum
where, following general
protection
asylum
unaccompanied
minors
where,
following
statements
or
other
where,
following
within the framework of
general
statements or
relevant
evidence,
general
statements or
the examination of an
other relevant evidence,
Member States still have
other
relevant
application
for
Member States still have
doubts concerning the
indications
international
doubts concerning the
applicant's age. If those
[…] ,
Member
protection
asylum
applicant's age. If those
doubts persist after the
States […] have
where,
following
doubts persist after the
medical
examination,
doubts concerning the
general
statements or
medical
examination,
Member
States
shall
applicant's
age.
If
other
relevant
Member
States
shall
assume that the applicant
[…]
indications
assume that the applicant
is a minor.
thereafter
[…] ,
Member
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is a minor .
[…]
,
Member
States […] have
States
are still in
doubts concerning the
doubt
concerning
the
applicant's
age.
If
applicant's age, they
[…]
shall assume that the
thereafter
applicant is a minor .
[…]
,
Member
States
are still in
doubt
concerning
the
applicant's age, they
shall assume that the
applicant is a minor .
Any
medical
Any
medical
Any
medical Pending as to EP compromise
examination
shall
be
examination
shall
be
examination
shall
be amendment:
performed in full respect
performed in full respect
performed in full respect
of
the
individual's
of
the
individual's
of
the
individual's Any medical examination shall be
dignity, selecting the less
dignity,
selecting
the
dignity,
selecting
the
fully reliable and performed in
invasive examinations.
most reliable and the
least
full respect of the individual's
less
invasive
[…] invasive
dignity,
selecting
the
least
examinations
and
examination
invasive examination and carried
carried out by qualified
[…] .
out
by
qualified
medical
and impartial medical
professionals..
experts.
In cases where medical
In cases where medical
In cases where medical Identical
examinations are used,
examinations are used,
examinations are used,
Member
States
shall
Member
States
shall
Member
States
shall
ensure that:
ensure that:
ensure that:
(a)
unaccompanied
(a)
unaccompanied
(a)
unaccompanied
Agreed to take Council text. See
minors
are
minors
are
minors
are shadow meeting of 8.11.2012,
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informed prior to
informed prior to
informed prior to note for the shadows, page 4.
the examination of
the examination of
the examination of
their
application
their
application
their
application
(a)
unaccompanied
for international
for
international
for international
minors
are
protection
protection, and in a
protection
informed prior to
asylum, and in a
language
which
asylum, and in a
the examination of
language
which
they
may
language that
their
application
they
may
reasonably
be
[…]
they
for international
reasonably
be
supposed
to
may reasonably be
protection
supposed
to
understand, of the
supposed
to
asylum, and in a
understand, of the
possibility
that
understand
or
language that
possibility
that
their age may be
are
reasonably
[…]
they
their age may be
determined
by
supposed
to
may reasonably be
determined
by
medical
understand , of
supposed
to
medical
examination.
This
the possibility that
understand
or
examination.
This
shall
include
their age may be
are
reasonably
shall
include
information on the
determined
by
supposed
to
information on the
method
of
medical
understand , of
method
of
examination
and
examination.
This
the possibility that
examination
and
the
possible
shall
include
their age may be
the
possible
consequences
of
information on the
determined
by
consequences
of
the result of the
method
of
medical
the result of the
medical
examination
and
examination.
This
medical
examination for the
the
possible
shall
include
examination for the
examination of the
consequences
of
information on the
examination of the
application
for
the result of the
method
of
application
for
international
medical
examination
and
international
protection, as well
examination for the
the
possible
protection
as
the
examination of the
consequences
of
asylum, as well as
consequences
of
application
for
the result of the
the consequences
refusal on the part
international
medical
of refusal on the
of
the
protection
examination for the
part
of
the
unaccompanied
asylum, as well as
examination of the
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unaccompanied
minor to undergo
the consequences
application
for
minor to undergo
the
medical
of refusal on the
international
the
medical
examination;
part
of
the
protection
examination;
unaccompanied
asylum, as well as
minor to undergo
the consequences
the
medical
of refusal on the
examination;
part
of
the
unaccompanied
minor to undergo
the
medical
examination;
(b)
unaccompanied
(b)
unaccompanied
(b)
unaccompanied
Identical
minors and/or their
minors and/or their
minors and/or their
representatives
representatives
representatives
consent to carry
consent
to
an
consent to carry
out an examination
examination being
out an examination
being
carried
carried
out
to
being
carried
out
to
determine the age
out
to
determine the age
of
the
minors
determine the age
of
the
minors
concerned; and
of
the
minors
concerned; and
concerned; and
(c)
the
decision
to
(c)
the
decision
to
(c)
the
decision
to Agreed to take Council text. See
reject
an
reject
an
reject
an shadow meeting of 8.11.2012,
application
for
application
for
application
for note for the shadows, page 4 .
international
international
international
protection
protection from an
protection
(c)
the
decision
to
asylum from an
unaccompanied
asylum from an
reject
an
unaccompanied
minor who refused
unaccompanied
application
for
minor who refused
to
undergo
this
minor who refused
international
protection
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to
undergo
this
medical
to
undergo
this
asylum from an
medical
examination
shall
medical
unaccompanied
examination
shall
not be based ▌ on
examination
shall
minor who refused
not be based solely
that refusal.
not be based solely
to
undergo
this
on that refusal.
on that refusal.
medical
examination
shall
not be based solely
on that refusal.
The
fact
that
an
The
fact
that
an
The
fact
that
an Identical
unaccompanied
minor
unaccompanied
minor
unaccompanied
minor
has refused to undergo
has refused to undergo
has refused to undergo
such
a
medical
such
a
medical
such
a
medical
examination
shall
not
examination
shall
not
examination
shall
not
prevent the determining
prevent the determining
prevent the determining
authority from taking a
authority from taking a
authority from taking a
decision
on
the
decision
on
the
decision
on
the
application
for
application
for
application
for
international
international protection.
international
protection asylum.
protection asylum.
6.
Article
20(3),
Article 6.
Article
20(3),
Article […]
Pending. EP insists on
31(6),
Article
32(2),
31(6),
Article
32(2),
maintaining paragraph 6 of the
Article 33(2)(c), Article
Article 33(2)(c), Article
Commission proposal.
38, and Article 43 shall
38, and Article 43 shall
not
apply
to
not
apply
to
Political red line.
unaccompanied minors.
unaccompanied minors.
(UAM and exemption from
certain types of procedures)
7. 6.
The best interests of the 7.
The best interests of the 7. 6.
The best interests of the Identical.
child shall be a primary
child shall be a primary
child shall be a primary
consideration
for
consideration
for
consideration
for
Member
States when
Member
States when
Member
States when
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implementing
this
implementing
this
implementing
this
Article.
Article.
Article.
Article 26 18
Article 26
Article 26 18
Detention
Detention
Detention
1.
Member States shall not 1.
Member States shall not 1.
Member States shall not Identical.
hold
a
person
in
hold
a
person
in
hold
a
person
in
detention for the sole
detention for the sole
detention for the sole
reason that he/she is an
reason that he/she is an
reason that he/she is an
applicant
for
applicant
for
applicant
for
international
international
protection.
international
protection
asylum.
Grounds and conditions
protection
asylum.
Grounds
and
of detention as well as
Grounds
and
conditions of detention
guarantees available to
conditions of detention
as well as guarantees
detained applicants for
as well as guarantees
available
to
detained
international
protection
available
to
detained
applicants
for
shall be in accordance
applicants
for
international
protection
with
Directive
international
protection
shall be in accordance
[…/…/EU]
[the
shall be in accordance
with
Directive
Reception
Conditions
with
Directive
[…/…/EU]
[the
Directive].
[…/…/EU]
[the
Reception
Conditions
Reception
Conditions
Directive] .
Directive] .
2.
Where an applicant for 2.
Where an applicant for 2.
Where an applicant for Identical.
international
international
protection
international
protection asylum is
is
held
in
detention,
protection asylum is
held
in
detention,
Member
States
shall
held
in
detention,
Member
States
shall
ensure that there is a
Member
States
shall
ensure that there is a
possibility
of
speedy
ensure that there is a
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possibility
of
speedy
judicial
review
in
possibility
of
speedy
judicial
review
in
accordance
with
judicial
review
in
accordance
with
Directive
[…/…/EU]
accordance
with
Directive
[…/…/EU]
[the
Reception
Directive
[…/…/EU]
[the
Reception
Conditions Directive].
[the
Reception
Conditions Directive] .
Conditions Directive] .
Article 26a
Detention of minors
Pending.
Related to Article 25(6).
The detention of minors shall be
strictly
prohibited
in
all
circumstances.
Article 27 19
Article 27
Article 27 19
Procedure in
the
case of
Procedure in the case of
Procedure in
the
case of
withdrawal of the application
withdrawal of the application
withdrawal of the application
1.
Insofar as Member States 1.
Insofar as Member States 1.
Insofar as Member States Agreed to take COM/Council
provide
for
the
provide
for
the
provide
for
the text. See shadow meeting of
possibility
of
explicit
possibility
of
explicit
possibility
of
explicit 8.11.2012, note for the shadows,
withdrawal
of
the
withdrawal
of
the
withdrawal
of
the page 4.
application
under
application
under
application
under
national law, when an
national law, when an
national law, when an
applicant
for
asylum
applicant
explicitly
applicant
for
asylum
explicitly
withdraws
withdraws
his/her
explicitly
withdraws
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his/her
application for
application
for
his/her
application for
international
international
protection,
international
protection
asylum,
Member
States
shall
protection
asylum,
Member
States
shall
ensure
that
the
Member
States
shall
ensure
that
the
determining
authority
ensure
that
the
determining
authority
takes a decision to either
determining
authority
takes a decision to either
discontinue
the
takes a decision to either
discontinue
the
examination
,
and
discontinue
the
examination or reject the
explain to the applicant
examination or reject the
application.
the consequences of the
application.
withdrawal.
2.
Member States may also 2.
Member States may also 2.
Member States may also Identical
decide
that
the
decide
that
the
decide
that
the
determining
authority
determining
authority
determining
authority
can decide to discontinue
can decide to discontinue
can decide to discontinue
the examination without
the examination without
the examination without
taking a decision. In this
taking a decision. In this
taking a decision. In this
case,
Member
States
case,
Member
States
case,
Member
States
shall ensure that the
shall ensure that the
shall ensure that the
determining
authority
determining
authority
determining
authority
enters a notice in the
enters a notice in the
enters a notice in the
applicant's file.
applicant's file.
applicant's file.
Article 28 20
Article 28
Article 28 20
Procedure in the case of implicit Procedure in the case of implicit Procedure in the case of implicit
withdrawal or abandonment of
withdrawal or abandonment of
withdrawal or abandonment of
the application
the application
the application
1.
When there is reasonable 1.
When there is reasonable 1.
When there is reasonable Agreed to take Council text. See
cause to consider that an
cause to consider that an
cause to consider that an shadow meeting of 8.11.2012,
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applicant
for
applicant
for
applicant
for note for the shadows, page 4,
international
international
protection
international
Shadow meeting of 11 October
protection asylum has
has implicitly withdrawn
protection asylum has 2012, Note I, point A and follow-
implicitly withdrawn or
or
abandoned
his/her
implicitly withdrawn or up note of 20.11.2012.
abandoned
his/her
application
without
abandoned
his/her
application for asylum,
reasonable
cause,
application for asylum,
Member
States
shall
Member
States
shall
Member
States
shall
ensure
that
the
ensure
that
the
ensure
that
the
determining
authority
determining
authority
determining
authority
takes a decision to either
takes a decision to either
takes a decision to either
discontinue
the
discontinue
the
discontinue
the
examination
or
,
examination or, provided
examination
or
,
provided
that
the
that
the
determining
provided
that
the
determining
authority
authority considers the
determining
authority
considers the application
application
to
be
considers the application
to be unfounded on the
unfounded on the basis
to be unfounded on the
basis of an adequate
of
an
adequate
basis of an adequate
examination
of
its
examination
of
its
examination
of
its
substance in line with
substance in line with
substance in line with
Article 4 of Directive
Article 4 of Directive
Article 4 of Directive
[…/…/EU]
[the
[…/…/EU]
[the
[…/…/EU]
[the
Qualification
Directive]
Qualification
Directive]
Qualification
Directive]
and further to a personal
and further to a personal
[…] , […]
interview, reject the
interview,
reject
the
reject the application on
application on the basis
application,
if he/she in
the
basis
that
the
that the applicant has not
the
addition
to the
applicant
has
not
established
an
above-mentioned
established
an
entitlement to refugee
reasons:
entitlement to refugee
status in accordance with
status in accordance with
Directive 2004/83/EC.
–
has
refused
to
Directive
2004/83/EC.
cooperate, or
[…]
–
has
absconded
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illegally, or
–
in all likelihood
has no right to
international
protection, or
–
originates from or
has transited via a
safe third country
in accordance with
Article 38.
Member
States
may
Member
States
may
Member
States
may Identical.
assume that the applicant
assume that the applicant
assume that the applicant
has implicitly withdrawn
has implicitly withdrawn
has implicitly withdrawn
or
abandoned
his/her
or
abandoned
his/her
or
abandoned
his/her
application
for
application
for
application
for
international
international
protection
international
protection asylum in
in particular when it is
protection asylum in
particular when it is
ascertained that:
particular when it is
ascertained that:
ascertained that:
(a)
he/she has failed to
(a)
he/she has failed to
(a)
he/she has failed to Identical.
respond to requests
respond to requests
respond to requests
to
provide
to
provide
to
provide
information
information
information
essential to his/her
essential to his/her
essential to his/her
application
in
application
in
application
in
terms of Article 4
terms of Article 4
terms of Article 4
of
of
of
Directive […/…/E
Directive […/…/E
Directive […/…/E
U]
[the
U]
[the
U]
[the
Qualification
Qualification
Qualification
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Directive] 2004/83
Directive] or has
Directive] 2004/83
/EC or has not
not appeared for an
/EC or has not
appeared for an
personal interview
appeared for an
personal interview
as provided for in
personal interview
as provided for in
Articles 14, 15, 16
as provided for in
Articles 14,
15,
and
17 of
this
Articles 14,
15,
16 and 17 12,
Directive,
unless
16 and 17 12,
13 and 14 of
the
applicant
13 and 14 of
this Directive ,
demonstrates
this Directive ,
unless
the
within a reasonable
unless
the
applicant
time that his/her
applicant
demonstrates
failure was due to
demonstrates
within a reasonable
circumstances
within a reasonable
time that his/her
beyond
his/her
time that his/her
failure was due to
control;
failure was due to
circumstances
circumstances
beyond
his/her
beyond
his/her
control;
control;
(b)
he/she
has
(b)
he/she
has
(b)
he/she
has EP compromise suggestion
absconded or left
absconded or left
absconded or left combined with
Article 46(6)(c).
without
without
without
See also follow-up note of
authorisation
the
authorisation
the
authorisation
the 20.11.2012:
place where he/she
place where he/she
place where he/she
lived or was held,
lived or was held,
lived or was held, "he/she has absconded or left
without contacting
without contacting
without contacting without authorisation the place
the
competent
the
competent
the
competent where he/she lived or was held,
authority within a
authority within a
authority within a without contacting the competent
reasonable time, or
reasonable time, or
reasonable time, or authority within a reasonable
he/she
has
not
he/she
has
not
he/she
has
not time, or he/she has not within a
within a reasonable
within a reasonable
within a reasonable reasonable time complied with
time complied with
time complied with
time complied with reporting duties or other
reporting duties or
reporting duties or
reporting duties or obligations to communicate
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other obligations to
other obligations to
other obligations to
unless the applicant
communicate.
communicate.
communicate.
demonstrates within a
reasonable time that his/her
failure was due to circumstances
beyond his/her control." .
For the purposes of
For the purposes of
For the purposes of Identical.
implementing
these
implementing
these
implementing
these
provisions,
Member
provisions,
Member
provisions,
Member
States may lay down
States may lay down
States may lay down
time limits or guidelines.
time limits or guidelines.
time limits or guidelines.
2.
Member
States
shall 2.
Member
States
shall 2.
Member
States
shall Pending.
ensure that the applicant
ensure that the applicant
ensure that the applicant
who reports again to the
who reports again to the
who reports again to the Technical group suggests taking
competent authority after
competent authority after
competent authority after Council text.
a decision to discontinue
a decision to discontinue
a decision to discontinue
as
referred
to
in
as
referred
to
in
as
referred
to
in However, the time limit of at least
paragraph
1
of
this
paragraph
1
of
this
paragraph
1
of
this 6 months is pending and is to be
Article
is
taken,
is
Article
is
taken,
is
Article
is
taken,
is seen in the context of effective
entitled to request that
entitled to request that
entitled to request that remedies.
his/her case be reopened
his/her case be reopened
his/her case be reopened
or entitled to make a
or entitled to make a new
or entitled to make a
new application which
application which shall
new application which
shall not be subject to the
not be subject to the
shall not be subject to the
procedure referred to in
procedure referred to in
procedure referred to in
Articles 40 and 41 ,
Articles 40 and 41.
Only
Articles 40 and 41 ,
unless the request is
one request for a case to
unless the request is
examined in accordance
be reopened may be
examined in accordance
with Articles 32 and 34.
submitted
during an
with Articles 32 and 34.
asylum procedure.
▌
Member
States
may
Member
States
may Pending. (period)
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provide for a time limit
provide for a time limit
Political red line.
of at least one year
of
at
least
6
after
which
the
months
[…]
applicant's case can no
after
which
the
longer
be
re-opened
applicant's case can no
or the new application
longer
be
re-opened
may be treated as a
or the new application
subsequent
application
may be treated as a
and
subject
to
the
subsequent
application
procedure referred to in
and
subject
to
the
Articles 40 and 41 .
procedure referred to in
Articles 40 and 41.
Member
States
may
provide
that
the
applicant's case may be
reopened only once. .
Member
States
shall
Member
States
shall
Member
States
shall Identical.
ensure that such a person
ensure that such a person
ensure that such a person
is not removed contrary
is not removed contrary
is not removed contrary
to
the
principle
of
to
the
principle
of
to
the
principle
of
non-
refoulement.
non-refoulement.
non-
refoulement.
Member
States
may
Member
States
may
Member
States
may Identical.
allow
the
determining
allow
the
determining
allow
the
determining
authority to take up the
authority to take up the
authority to take up the
examination at the stage
examination at the stage
examination at the stage
where
the
it
was
where
it
was
where
the
it
was
discontinued.
discontinued.
discontinued.
3.
This Article shall be 3.
This Article shall be […]
Pending (Dublin issue).
without
prejudice
to
without
prejudice
to
Regulation
(EU)
No
Regulation
(EU)
No
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[…/…]
[the
Dublin
[…/…]
[the
Dublin
Regulation].
Regulation].
Article 29 21
Article 29
Article 29 21
The role of UNHCR
The role of UNHCR
The role of UNHCR
1.
Member
States
shall 1.
Member
States
shall 1.
Member
States
shall Identical.
allow the UNHCR:
allow the UNHCR:
allow the UNHCR:
(a)
to have access to
(a)
to have access to
(a)
to have access to Identical.
applicants
for
applicants
applicants
for
international
for international
international
protection
protection,
protection
asylum,
including
including those in
asylum,
including
those in detention
detention, at the
those in detention
, at the border
border and in the
, at the border
and
in
transit zones;
and
in
the
and
in
the
and
in
airport
or
port
airport
or
port
transit zones;
transit zones;
(b)
to have access to
(b)
to have access to
(b)
to have access to Identical.
information
on
information
on
information
on
individual
individual
individual
applications
for
applications
for
applications
for
international
international
international
protection
protection, on the
protection
asylum,
on
the
course
of
the
asylum,
on
the
course
of
the
procedure and on
course
of
the
procedure and on
the
decisions
procedure and on
the
decisions
taken,
provided
the
decisions
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taken,
provided
that the applicant
taken,
provided
that the applicant
agrees thereto;
that the applicant
for asylum agrees
for asylum agrees
thereto;
thereto;
(c)
to
present
its
(c)
to
present
its
(c)
to
present
its Identical.
views,
in
the
views,
in
the
views,
in
the
exercise
of
its
exercise
of
its
exercise
of
its
supervisory
supervisory
supervisory
responsibilities
responsibilities
responsibilities
under Article 35 of
under Article 35 of
under Article 35 of
the
Geneva
the
Geneva
the
Geneva
Convention, to any
Convention, to any
Convention, to any
competent
competent
competent
authorities
authorities
authorities
regarding
regarding
regarding
individual
individual
individual
applications
for
applications
for
applications
for
international
international
international
protection
protection at any
protection
asylum
at
any
stage
of
the
asylum
at
any
stage
of
the
procedure.
stage
of
the
procedure.
procedure.
2.
Paragraph 1 shall also 2.
Paragraph 1 shall also 2.
Paragraph 1 shall also Identical.
apply to an organisation
apply to an organisation
apply to an organisation
which is working in the
which is working in the
which is working in the
territory of the Member
territory of the Member
territory of the Member
State
concerned
on
State
concerned
on
State
concerned
on
behalf of the UNHCR
behalf of the UNHCR
behalf of the UNHCR
pursuant to an agreement
pursuant to an agreement
pursuant to an agreement
with that Member State.
with that Member State.
with that Member State.
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Article 30 22
Article 30
Article 30 22
Collection of information on
Collection of information on
Collection of information on
individual cases
individual cases
individual cases
For the purposes of examining For the purposes of examining For the purposes of examining Identical.
individual cases, Member States individual cases, Member States individual cases, Member States
shall not:
shall not:
shall not:
(a)
directly
disclose (a)
disclose
information (a)
directly
disclose Identical.
information
regarding
regarding
individual
information
regarding
individual
applications
applications
for
individual
applications
for
international
international
protection,
for
international
protection asylum, or
or the fact that an
protection asylum, or
the
fact
that
an
application
has
been
the
fact
that
an
application
has
been
made, to the alleged
application
has
been
made, to the alleged
actor(s) of persecution or
made, to the alleged
actor(s) of persecution
serious harm;
actor(s) of persecution
or serious harm of
or serious harm of
the applicant for asylum;
the applicant for asylum;
(b)
obtain any information (b)
obtain any information (b)
obtain any information Agreed to take COM/Council
from the alleged actor(s)
from the alleged actor(s)
from the alleged actor(s) text. See shadow meeting of
of
persecution
or
of persecution or serious
of
persecution
or 8.11.2012, note for the shadows,
serious harm in a
harm in a manner that
serious harm in a page 4.
manner that would result
would result in such
manner that would result
in such actor(s) being
actor(s)
being
▌
in such actor(s) being
directly informed of the
informed of the fact that
directly informed of the
fact that an application
an application has been
fact that an application
has been made by the
made by the applicant in
has been made by the
applicant
in
question,
question,
and
would
applicant
in
question,
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and would jeopardise the
jeopardise the physical
and would jeopardise the
physical integrity of the
integrity of the applicant
physical integrity of the
applicant
and
his/her
and his/her dependants,
applicant
and
his/her
dependants, or the liberty
or
the
liberty
and
dependants, or the liberty
and security of his/her
security of his/her family
and security of his/her
family
members
still
members still living in
family
members
still
living in the country of
the country of origin.
living in the country of
origin.
origin.
CHAPTER III
CHAPTER III
CHAPTER III
PROCEDURES AT FIRST
PROCEDURES AT FIRST
PROCEDURES AT FIRST
INSTANCE
INSTANCE
INSTANCE
SECTION I
SECTION I
SECTION I
Article 31 23
Article 31
Article 31 23
Examination procedure
Examination procedure
Examination procedure
1.
Member
States
shall 1.
Member
States
shall 1.
Member
States
shall Identical.
process applications for
process applications for
process applications for
international
international
protection
international
protection asylum in
in
an
examination
protection asylum in
an
examination
procedure in accordance
an
examination
procedure in accordance
with the basic principles
procedure in accordance
with the basic principles
and
guarantees
of
with the basic principles
and
guarantees
of
Chapter II.
and
guarantees
of
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Chapter II.
Chapter II.
2.
Member
States
shall 2.
Member
States
shall 2.
Member
States
shall Agreed to take Council text. See
ensure
that
such
a
ensure
that
such
a
ensure
that
such
a shadow meeting of 8.11.2012,
procedure is concluded
procedure is concluded
procedure is concluded note for the shadows, page 4.
as soon as possible,
as soon as possible,
as soon as possible,
without prejudice to an
without prejudice to an
without prejudice to an
adequate and complete
adequate and complete
adequate and complete
examination.
examination.
examination
and
within six months after
the
application
is
lodged .
In cases in which an
application is subject to
the procedure laid down
in
Regulation
(EU)
[…/…]
[the
Dublin
Regulation],
the
time
limit of six months shall
start to run from the
moment
the
Member
State responsible for its
examination
is
determined
in
conformity
with
that
Regulation, the applicant
is on the territory of that
Member State and has
been taken in charge by
the
competent
authority.
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3.
Member
States
shall 3.
Member
States
shall 3.
[…]
Agreed to take Council text. See
ensure that a procedure
ensure that a procedure
shadow meeting of 8.11.2012,
is concluded within six
is concluded within six
note for the shadows, page 4.
months
after
the
months
after
the
application is lodged.
application is lodged.
Member
States
may
Member
States
may
[…]
Member Pending.
extend that time limit for
extend that time limit for
States
may
extend
a period not exceeding a
a period not exceeding a
that
[…]
Political red line.
further
six
months,
further
six
months,
[…]
time
limit
where:
where:
of six months for a
(time-limits for the examination
period not exceeding a
and
prolongation
of
the
further
twelve
procedure)
[…] months, where:
(a)
complex issues of
(a)
complex issues of
(a)
complex issues of Agreed to take Council text.
fact and law are
fact and law are
fact and /or
involved;
involved;
law are involved;
See shadow meeting of
11 October 2012, note I, page 10.
(b)
a large number of
(b)
a large number of
(b)
a large number of Agreed to take Council text. See
third
country
third
country
third
country shadow meeting of 8.11.2012,
nationals
or
nationals
or
nationals
or note for the shadows, page 4 and
stateless
persons
stateless
persons
stateless
persons shadow meeting of 11 October
simultaneously
simultaneously
simultaneously
2012 note I page 10.
request
request
request
international
international
international
Pending.
protection
which
protection
which
protection
which
makes
it
makes
it
makes it very
Political red line.
impossible
in
impossible
in
difficult
practice
to
practice
to
[…]
in
(Derogatory provisions in case
conclude
the
conclude
the
practice
to
of large -scale arrivals)
procedure
within
procedure
within
conclude
the
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the
six-month
the
six-month
procedure
within
Related to Article 49.
time-limit;
time-limit,
subject
the
six-month
to the notification
time-limit;
EP proposes to insert in the
to
the
Articles 6(4), 14(1) and 31(3) an
Commission;
obligation for MS to
communicate certain information
to the Commission.
EP compromise suggestion:
(b)
a large number of
third country
nationals or
stateless persons
simultaneously
request
international
protection which
makes it
impossible in
practice to
conclude the
procedure within
the six-month
time-limit,
subject
to the notification
to communication
to the Commission
including the
grounds for
applying this
exception;
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(c)
where the delay
(c)
where the delay
(c)
where the delay Identical.
can
clearly
be
can
clearly
be
can
clearly
be
attributed to the
attributed to the
attributed to the
failure
of
the
failure
of
the
failure
of
the
applicant
to
applicant
to
applicant
to
comply
with
comply
with
comply
with
his/her obligations
his/her obligations
his/her obligations
under Article 13.
under Article 13.
under Article 13.
Member
States
may
▌.
Member
States
may Pending.
postpone concluding the
postpone concluding the
procedure
where
the
procedure
where
the EP compromise suggestion
determining
authority
determining
authority
Related to Recital 29a
cannot
reasonably
be
cannot
reasonably
be
expected
to
decide
expected
to
decide
(d) there is a situation of
within the time limits
within the time limits
uncertainty in the country of
laid
down
in
this
laid
down
in
this origin which is expected to be
paragraph due to an
paragraph due to an temporary
and without prejudice
uncertain situation in the
uncertain situation in the
to Article 13 and 18
country of origin which
country of origin which
[Qualification Directive]. In
is
expected
to
be
is
expected
to
be
such a case, Member States
temporary.
temporary.
shall, within six months of the
lodging of the application and at
three-monthly intervals
thereafter, conduct a review of
that situation. If they consider
that there is no longer a situation
of uncertainty, Member States
shall conclude the procedure.
Political red line.
(time -limits for the examination
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and prolongation of the
procedure)
4.
Member
States
shall 4.
Member
States
shall 4.
Member
States
shall Identical.
ensure that, where a
ensure that, where a
ensure that, where a
decision cannot be taken
decision cannot be taken
decision cannot be taken
within
six months, the
within
six months, the
within
six months, the
applicant concerned shall
applicant
concerned
applicant concerned shall
either:
shall:
either:
(a)
be informed of the
(a)
be informed of the
(a)
be informed of the Identical.
delay; and or
delay; and
delay; and or
(b)
receive,
upon
(b)
receive,
upon
(b)
receive,
upon Identical.
his/her
request,
his/her
request,
his/her
request,
information on the
information on the
information on the
reasons for the
reasons
for
the
reasons for the
delay and the
delay
and
the
delay and the
time-frame within
time-frame within
time-frame within
which the decision
which the decision
which the decision
on
his/her
on
his/her
on
his/her
application is to be
application is to be
application is to be
expected.
Such
expected.
expected.
Such
information
shall
information
shall
not constitute an
not constitute an
obligation for the
obligation for the
Member
State
Member
State
towards
the
towards
the
applicant
applicant
concerned to take a
concerned to take a
decision
within
decision
within
that time-frame.
that time-frame.
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The
consequences
of
The
consequences
of
[…]
Agreed to take Council text. See
failure
to
adopt
a
failure
to
adopt
a
shadow meeting of 8.11.2012,
decision within the time
decision within the time
note for the shadows, page 4.
limits
laid
down
in
limits
laid
down
in
paragraph 3 shall be
paragraph 3 shall be
determined
in
determined
in
accordance with national
accordance with national
law.
law.
5. 3.
Member
States
may 5.
The
determining 5. 3.
Member
States
may Agreed to take Council text. See
prioritise or accelerate
authorities
may
prioritise or accelerate follow-up note of 20.11.2012..
any an examination of
prioritise an examination
any an examination of
an
application
for
of an application for
an
application
for
international
international
protection
international
protection
in
in accordance with the
protection
in
accordance
with
the
basic
principles
and
accordance
with
the
basic
principles
and
guarantees of Chapter II:
basic
principles
and
guarantees of Chapter II,
guarantees of Chapter II
including
where
the
in
particular
,
application is likely to be
including
where
the
well founded or where
application is likely to be
the applicant has special
well founded or where
needs:
the applicant has special
needs:
(a)
where
the
(a)
where
the
(a)
where
the Identical.
application
is
application
is
application
is
likely to be well
likely to be well
likely to be well
founded;
founded;
founded;
(b)
where the applicant
(b)
where the applicant
(b)
where the applicant Identical.
is
vulnerable
is
vulnerable
is
vulnerable
within the meaning
within the meaning
within the meaning
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of Article 22 of
of Article 22 of
of Article 22 of
Directive
Directive
Directive
[…/…/EU]
[the
[…/…/EU]
[the
[…/…/EU]
[the
Reception
Reception
Reception
Conditions
Conditions
Conditions
Directive], or is in
Directive], or is in
Directive], or is in
need
of
special
need
of
special
need
of
special
procedural
procedural
procedural
guarantees,
in
guarantees,
in
guarantees,
in
particular
particular
particular
unaccompanied
unaccompanied
unaccompanied
minors;
minors;
minors.
(c)
in other cases with
(c)
in other cases with
[…] .
Agreed to take Council text. See
the exception of
the exception of
follow-up note of 20.11.2012.
applications
applications
referred
to
in
referred
to
in
If EP compromise texts on
paragraph 6.
paragraph 6.
Article 31(7), Recitals 16a and
16b are accepted.
6. 4.
Member States may also 6.
Member
States
may 6. 4.
Member States may also It has been agreed to accept the
provide
that
an
provide
that
an
provide
that
an Council text.
examination
procedure
examination
procedure
examination
procedure
in accordance with the
in accordance with the
in accordance with the See shadow meeting of
basic
principles
and
basic
principles
and
basic
principles
and 11 October 2012, note I, point
guarantees of Chapter II
guarantees of Chapter II
guarantees of Chapter II B.2.
be
prioritised
or
be accelerated and/or
be
prioritised
or
accelerated
and/or
conducted at the border
accelerated
and/or
conducted at the border
in
accordance
with
conducted at the border
in
accordance
with
Article 43 if:
in
accordance
with
Article 43 if:
Article 43 if:
(a)
the applicant, in
(a)
the applicant, in
(a)
the applicant, in
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submitting
his/her
submitting
his/her
submitting
his/her
application
and
application
and
application
and
presenting
the
presenting
the
presenting
the
facts,
has
only
facts,
has
only
facts,
has
only
raised issues that
raised issues that
raised issues that
are not relevant or
are not relevant to
are not relevant or
of
minimal
the examination of
of
minimal
relevance to the
whether
he/she
relevance to the
examination
of
qualifies
as
a
examination
of
whether
he/she
refugee or a person
whether
he/she
qualifies
as
a
eligible
for
qualifies
as
a
refugee
or a
subsidiary
refugee
or a
person eligible for
protection
by
person eligible for
subsidiary
virtue of Directive
subsidiary
protection
by
[…/…/EU]
[the
protection
by
virtue of Directive
Qualification
virtue of Directive
[…/…/EU]
[the
Directive]; or
[…/…/EU]
[the
Qualification
Qualification
Directive]
Directive]
2004/83/EC
; or
2004/83/EC
; or
aa) the
applicant
clearly does not
qualify
as
a
refugee
or
for
refugee status in a
Member
State
under
Directive
[…/.../EU]
[the
Qualification
Directive]; or
(b)
the
applicant
(b)
the
applicant
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clearly does not
clearly does not
qualify
as
a
qualify
as
a
refugee
or
for
refugee
or
for
refugee status in a
refugee status in a
Member
State
Member
State
under
Directive
under
Directive
2004/83/EC; or
2004/83/EC; or
(c)
the application for
(c)
the application for
asylum
is
asylum
is
considered to be
considered to be
unfounded:
unfounded:
(b i) because
the
(b)
the
applicant
is
(bi) because
the
applicant is from a
from a safe country
applicant is from a
safe
country
of
of origin within the
safe
country
of
origin within the
meaning
of
this
origin within the
meaning
of
this
Directive
meaning
of
this
Directive
Directive
Articles 29, 30 and
Articles 29, 30 and
31, or
31, or
(ii)
because the
(ii)
because the
country
country
which is not
which is not
a
Member
a
Member
State,
is
State,
is
considered to
considered to
be
a
safe
be
a
safe
third country
third country
for
the
for
the
applicant,
applicant,
without
without
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prejudice
to
prejudice
to
Article 28(1);
Article 28(1);
or
or
(c d) the applicant has
(c)
the applicant has
(cd) the applicant has
misled
the
misled
the
misled
the
authorities
by
authorities
by
authorities
by
presenting
false
presenting
false
presenting
false
information
or
information
or
information
or
documents or by
documents or by
documents or by
withholding
withholding
withholding
relevant
relevant
relevant
information
or
information
or
information
or
documents
with
documents
with
documents
with
respect to his/her
respect to his/her
respect to his/her
identity
and/or
identity
and/or
identity
and/or
nationality
that
nationality
that
nationality
that
could have had a
could have had a
could have had a
negative impact on
negative impact on
negative impact on
the decision; or
the decision; or
the decision; or
[…]
(e)
the applicant has
(e)
the applicant has
filed
another
filed
another
application
for
application
for
asylum
stating
asylum
stating
other
personal
other
personal
data; or
data; or
(d f) the applicant has
(d)
it is likely that, in
(df) the applicant has
not
produced
bad
faith,
the
not
produced
information
applicant
has
information
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establishing with a
destroyed
or
establishing with a
reasonable degree
disposed
of
an
reasonable degree
of certainty his/her
identity or travel
of certainty his/her
identity
or
document
that
identity
or
nationality, or it is
would have helped
nationality, or it is
likely that, in bad
establish
his/her
likely that, in bad
faith,
the
identity
or
faith,
the
applicant
nationality; or
applicant
he/she
has
he/she
has
destroyed
or
destroyed
or
disposed
of
an
disposed
of
an
identity or travel
identity or travel
document
that
document
that
would have helped
would have helped
establish
his/her
establish
his/her
identity
or
identity
or
nationality; or
nationality; or
(e g) the applicant has
(e)
the applicant has
(eg) the applicant has
made inconsistent,
made clearly false,
made
clearly
contradictory,
inconsistent,
inconsistent
and
clearly false or
contradictory
or
contradictory,
obviously
improbable,
inconsistent,
improbable
or
insufficient
contradictory,
insufficient
representations
clearly false or
representations
▌making
his/her
obviously
which contradict
claim
plainly
improbable
or
sufficiently
unconvincing
in
insufficient
verified
country-
relation to whether
representations
of-origin
he/she qualifies as
which contradict
information,
a refugee or a
sufficiently
thus
person eligible for
verified
country-
making which
subsidiary
of-origin
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make his/her claim
protection
by
information,
clearly
virtue of Directive
thus
unconvincing
in
[…/…/EU]
[the
making which
relation
to
Qualification
make his/her claim
whether he/she
Directive]; or
clearly
qualifies
as
a
unconvincing
in
refugee or a person
relation
to
eligible
for
whether he/she
subsidiary
qualifies
as
a
protection
by
refugee or a person
virtue of his/her
eligible
for
having being the
subsidiary
object
of
protection
by
persecution
virtue of his/her
referred
to
in
having being the
Directive
object
of
[…/…/EU]
[the
persecution
Qualification
referred
to
in
Directive]
Directive
Directive
[…/…/EU]
[the
2004/83/EC; or
Qualification
Directive]
Directive
2004/83/EC; or
(g)
the applicant has
(e1) The
applicant
submitted
a
has introduced a
subsequent
subsequent
application which
application
for
clearly does not
international
raise any relevant
protection that is
new elements with
not inadmissible in
respect to his/her
accordance
with
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particular
Article 40(5); or
circumstances or
to the situation in
his/her country of
origin; or
(h)
the applicant has
failed
without
reasonable cause
to make his/her
application earlier,
having
had
opportunity to do
so; or
(h)
the applicant has
(h)
the applicant has
submitted
a
submitted
a
subsequent
subsequent
application
which
application
which
does not raise any
does not raise any
relevant
new
relevant
new
elements
with
elements
with
respect to his/her
respect to his/her
particular
particular
circumstances or to
circumstances or to
the
situation
in
the
situation
in
his/her country of
his/her country of
origin; or
origin; or
(i)
the applicant has
(i)
the applicant has
failed
without
failed
without
reasonable cause to
reasonable cause to
make
his/her
make
his/her
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application earlier,
application earlier,
having
had
having
had
opportunity to do
opportunity to do
so; or
so; or
(f j) the
applicant
is
(f)
the
applicant
is
(fj)
the
applicant
is
making
an
making
an
making
an
application merely
application merely
application merely
in order to delay or
in order to delay or
in order to delay or
frustrate
the
frustrate
the
frustrate
the
enforcement of an
enforcement of an
enforcement of an
earlier or imminent
earlier or imminent
earlier or imminent
decision
which
decision
which
decision
which
would
result
in
would
result
in
would
result
in
his/her removal; or
his/her removal; or
his/her removal; or
(k)
the applicant has
(k)
the applicant has
failed without good
failed without good
reason to comply
reason to comply
with
obligations
with
obligations
referred
to
in
referred
to
in
Article 4(1) and (2)
Article 4(1) and (2)
of
Directive
of
Directive
2004/83/EC or in
2004/83/EC or in
Articles11(2)(a)
Articles11(2)(a)
and (b) and 20(1)
and (b) and 20(1)
of this Directive;
of this Directive;
or
or
(l)
the
applicant
(l)
the
applicant
entered
the
entered
the
territory
of
the
territory
of
the
Member
State
Member
State
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unlawfully
or
unlawfully
or
prolonged
his/her
prolonged
his/her
stay
unlawfully
stay
unlawfully
and, without good
and, without good
reason, has either
reason, has either
not
presented
not
presented
himself/herself
to
himself/herself
to
the
authorities
the
authorities
and/or
filed
an
and/or
filed
an
application
for
application
for
asylum as soon as
asylum as soon as
possible, given the
possible, given the
circumstances
of
circumstances
of
his/her entry; or
his/her entry; or
(j)
the applicant has
failed
without
good reason to
comply
with
his/her obligations
to cooperate in the
examination of the
facts of his/her
case
and
the
establishment
of
his/her
identity
referred
to
in
Article 4(1) and
(2) of Directive
[…/.../EU]
[the
Qualification
Directive] or in
Article 12(1) and
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(2)(a), (b) and (c)
and Article 25(1)
of this Directive;
or
(k)
the
applicant
(f1) the
applicant
entered
the
entered
the
territory
of the
territory
of
the
Member
State
Member
State
unlawfully
or
unlawfully
or
extended his/her
prolonged
his/her
stay
unlawfully
stay
unlawfully
and, without good
and, without good
reason, has either
reason, has either
not
presented
not
presented
himself/herself to
himself/herself
to
the
authorities
the
authorities
and/or filed an
and/or
filed
an
application
for
application
for
asylum as soon as
asylum as soon as
possible, given the
possible, given the
circumstances of
circumstances
of
his/her entry; or
his/her entry; or
(f2) the
applicant
refuses to comply
with an obligation
to
have
his/her
fingerprints
taken
in accordance with
Regulation
(EU)
[…/…]
[EURODAC
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Regulation], or
(g m) the
applicant
(g)
the applicant may
(gm) the
applicant
may for serious
for serious reasons
may for serious
reasons
be
be considered a
reasons
be
considered is a
danger
to
the
considered is a
danger
to
the
national security ▌
danger
to
the
national security or
of
the
Member
national security or
public order of the
State,
or
the
public order of the
Member State, or
applicant has been
Member State, or
the applicant has
forcibly
expelled
the applicant has
been
forcibly
for serious reasons
been
forcibly
expelled
for
of public security
expelled
for
serious reasons of
or
public
order
serious reasons of
public
security
under national law.
public
security
or
and
or
and
public order under
public order under
national law.; or
national law.; or
(n)
the
applicant
(n)
the
applicant
refuses to comply
refuses to comply
with an obligation
with an obligation
to
have
his/her
to
have
his/her
fingerprints
taken
fingerprints
taken
in accordance with
in accordance with
relevant
relevant
Community and/or
Community and/or
national
national
legislation; or
legislation; or
(o)
the application was
(o)
the application was
made
by
an
made
by
an
unmarried minor to
unmarried minor to
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whom
whom
Article 6(4)(c)
Article 6(4)(c)
applies, after the
applies, after the
application of the
application of the
parents or parent
parents or parent
responsible for the
responsible for the
minor
has
been
minor
has
been
rejected
and no
rejected
and no
relevant
new
relevant
new
elements
were
elements
were
raised with respect
raised with respect
to his/her particular
to his/her particular
circumstances or to
circumstances or to
the
situation
in
the
situation
in
his/her country of
his/her country of
origin.
origin.
7.
Member States shall lay 7.
Member States shall lay 7.
Member
States Pending.
down reasonable time
down reasonable time
may […] lay
limits for the adoption of
limits for the adoption of
down
[…] time EP compromise text:
a
decision
in
the
a
decision
in
the
limits for the adoption of
procedure
at
first
procedure
at
first
a
decision
in
the Member States
shall lay down
instance
pursuant
to
instance
pursuant
to
procedure
at
first time limits for the adoption of a
paragraph
6
which
paragraph
6
which
instance
pursuant
to decision in the procedure at first
ensure
adequate
and
ensure
adequate
and
paragraph 6 […] . instance pursuant to paragraph 6.
complete examination.
complete examination.
Those
time
limits Those
time
limits
shall
be
shall be reasonable.
reasonable.
Without prejudice to Article
31(3),
Member States may
exceed those time limits where it
is necessary in order to ensure
an
adequate and complete
examination of the application
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for international protection.
Related to Recitals 16a and 16b.
8.
The
fact
that
an 8.
The
fact
that
an 8.
The
fact
that
an Pending.
application
for
application
for
application
for
international
protection
international
protection
international
protection
was submitted after an
was submitted after an
was submitted after an
irregular entry into the
irregular entry into the
irregular entry into the
territory or at the border,
territory or at the border,
territory or at the border,
including
in
transit
including
in
transit
including
in
transit
zones, as well as the lack
zones, as well as the lack
zones, […] shall
of documents or use of
of documents
on entry or
not
per se entail an
forged documents, shall
the
use
of
forged
automatic recourse to the
not
per se entail an
documents, shall not per
procedure
at
first
automatic recourse to the
se entail an automatic
instance
pursuant
to
procedure
at
first
recourse to the procedure
paragraph 6.
instance
pursuant
to
at first instance pursuant
paragraph 6.
to paragraph 6.
Article 24
Article 24
Specific procedures
Specific procedures
1.
Member
States
may
1.
Member
States
may
provide for the following
provide for the following
specific
procedures
specific
procedures
derogating
from
the
derogating
from
the
basic
principles
and
basic
principles
and
guarantees of Chapter II:
guarantees of Chapter II:
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(a)
a
preliminary
(a)
a
preliminary
examination for the
examination for the
purposes
of
purposes
of
processing
cases
processing
cases
considered
within
considered
within
the framework set
the framework set
out in Section IV;
out in Section IV;
(b)
procedures for the
(b)
procedures for the
purposes
of
purposes
of
processing
cases
processing
cases
considered
within
considered
within
the framework set
the framework set
out in Section V.
out in Section V.
2.
Member States may also
2.
Member States may also
provide a derogation in
provide a derogation in
respect of Section VI.
respect of Section VI.
Article 32
Article 32
Article 32
Unfounded applications
Unfounded applications
Unfounded applications
1.
Without
prejudice
to ▌ Member States may only 1.
Without
prejudice
to Agreed to take COM/Council
Articles 27 19 and 20,
consider an application
Articles 27 19 and 20, text. See shadow meeting of
Member States may only
as
unfounded
if the
Member States may only 8.11.2012, note for the shadows,
consider an application
determining
authority
consider an application page 4.
for asylum as unfounded
has established that the
for asylum as unfounded
if
the
determining
applicant
does
not
if
the
determining
authority has established
qualify for international
authority has established
that the applicant does
protection
status
that the applicant does
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not
qualify
for
pursuant
to
not
qualify
for
international
Directive […/…/EU]
international
protection
refugee
[the
Qualification
protection
refugee
status
pursuant
to
Directive].
status
pursuant
to
Directive […/…/EU]
Directive […/…/EU]
[the
Qualification
[the
Qualification
Directive] 2004/83/EC
.
Directive] 2004/83/EC
.
2.
In the cases mentioned in 2.
In cases of unfounded 2.
In the cases mentioned in Agreed to take Council text. See
Article 23(4)(b) and In in
applications
in
which
Article 23(4)(b) and In in follow-up note of 20.11.2012.
cases
of
unfounded
any of the circumstances
cases
of
unfounded
applications for asylum
listed in Article 31(6) (a)
applications for asylum
in which any of the
to (f) apply, Member
in which any of the
circumstances listed in
States may also consider
circumstances listed in
Article 31(6) (a) to
an
application
as
Article 31(6)
[…]
(f) 23(4)(a) and (c) to
manifestly
unfounded,
23(4)(a) and (c) to (o)
(o) apply, Member States
following an adequate
apply, Member States
may also consider an
and
complete
may also consider an
application as manifestly
examination.
application as manifestly
unfounded, where it is
unfounded, where it is
defined as such in the
defined as such in the
national legislation.
national legislation.
SECTION II
SECTION II
SECTION II
Article 33 25
Article 33
Article 33 25
Inadmissible applications
Inadmissible applications
Inadmissible applications
1.
In addition to cases in 1.
In addition to cases in 1.
In addition to cases in Identical.
which an application is
which an application is
which an application is
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not
examined
in
not
examined
in
not
examined
in
accordance
with
accordance
with
accordance
with
Regulation
(EU)
No
Regulation
(EU)
No
Regulation
(EU)
No
[…/…]
[the
Dublin
[…/…]
[the
Dublin
[…/…]
[the
Dublin
Regulation]
(EC)
No
Regulation],
Member
Regulation]
(EC)
No
343/2003,
Member
States are not required to
343/2003,
Member
States are not required to
examine
whether
the
States are not required to
examine
whether
the
applicant
qualifies
for
examine
whether
the
applicant qualifies for
international
protection
applicant qualifies for
international
in
accordance
with
international
protection
as
a
Directive
[…/…/EU]
protection
as
a
refugee in accordance
[the
Qualification
refugee in accordance
with
Directive
Directive] where
an
with
Directive
[…/…/EU]
[the
application is considered
[…/…/EU]
[the
Qualification
inadmissible pursuant to
Qualification
Directive] 2004/83/EC
this Article.
Directive] 2004/83/EC
where an application is
where an application is
considered
inadmissible
considered
inadmissible
pursuant to this Article.
pursuant to this Article.
2.
Member
States
may 2.
Member
States
may 2.
Member
States
may Identical.
consider an application
consider an application
consider an application
for
international
for
international
for
international
protection asylum as
protection
as
protection asylum as
inadmissible
only
inadmissible only if:
inadmissible
only
pursuant to this Article
pursuant to this Article
if:
if:
(a)
another
Member
(a)
another
Member
(a)
another
Member Agreed to take Council text. See
State has granted
State has granted
State has granted shadow meeting of 8.11.2012,
refugee status;
refugee status;
international
note for the shadows, page 4.
protection
[…] ;
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(b)
a country which is
(b)
a country which is
(b)
a country which is Identical.
not
a
Member
not
a
Member
not
a
Member
State is considered
State is considered
State is considered
as a first country of
as a first country of
as a first country of
asylum for
the
asylum for
the
asylum for
the
applicant, pursuant
applicant, pursuant
applicant, pursuant
to Article 35 26;
to Article 35;
to Article 35 26;
(c)
a country which is
(c)
a country which is
(c)
a country which is Identical.
not
a
Member
not
a
Member
not
a
Member
State is considered
State is considered
State is considered
as a safe third
as a safe third
as a safe third
country
for
the
country
for
the
country
for
the
applicant, pursuant
applicant, pursuant
applicant, pursuant
to Article 38 27;
to Article 38;
to Article 38 27;
(d)
the
applicant
is
(d)
the
applicant
is
allowed to remain
allowed to remain
in
the
Member
in
the
Member
State concerned on
State concerned on
some
other
some
other
grounds
and
as
grounds
and
as
result of this he/she
result of this he/she
has been granted a
has been granted a
status equivalent to
status equivalent to
the
rights
and
the
rights
and
benefits
of
the
benefits
of
the
refugee status by
refugee status by
virtue
of
virtue
of
Directive 2004/83/
Directive 2004/83/
EC;
EC;
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(e)
the
applicant
is
(e)
the
applicant
is
allowed to remain
allowed to remain
in the territory of
in the territory of
the Member State
the Member State
concerned on some
concerned on some
other
grounds
other
grounds
which
protect
which
protect
him/her
against
him/her
against
refoulement
refoulement
pending
the
pending
the
outcome
of
a
outcome
of
a
procedure for the
procedure for the
determination
of
determination
of
status pursuant to
status pursuant to
point (d);
point (d);
(d f) the
application
d)
the application is a
(df) the
application Identical.
is
a
subsequent
subsequent
is
a
subsequent
application, where
application, where
application, where
no new elements or
no new elements or
no new elements or
findings relating to
findings relating to
findings relating to
the examination of
the examination of
the examination of
whether
the
whether
the
whether
the
applicant qualifies
applicant qualifies
applicant qualifies
as a refugee or a
as a refugee or a
as a refugee or a
person eligible for
person eligible for
person eligible for
subsidiary
subsidiary
subsidiary
protection
by
protection
by
protection
by
virtue of Directive
virtue of Directive
virtue of Directive
[…/…/EU]
[the
[…/…/EU]
[the
[…/…/EU]
[the
Qualification
Qualification
Qualification
Directive]
have
Directive]
have
Directive]
have
arisen or have been
arisen or have been
arisen or have been
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presented by the
presented by the
presented by the
applicant
the
applicant ;
applicant
the
applicant
has
applicant
has
lodged an identical
lodged an identical
application after a
application after a
final decision;
final decision;
(e g) a dependant of the
(e)
a dependant of the
(eg) a dependant of the Identical.
applicant lodges an
applicant lodges an
applicant lodges an
application,
after
application,
after
application,
after
he/she
has
in
he/she
has
in
he/she
has
in
accordance
with
accordance
with
accordance
with
Article 7(2)
6(3)
Article 7(2)
Article 7(2)
6(3)
consented to have
consented to have
consented to have
his/her case be part
his/her case be part
his/her case be part
of an application
of an application
of an application
made on his/her
made on his/her
made on his/her
behalf, and there
behalf, and there
behalf, and there
are
no
facts
are
no
facts
are
no
facts
relating
to
the
relating
to
the
relating
to
the
dependant's
dependant's
dependant's
situation,
which
situation,
which
situation,
which
justify a separate
justify a separate
justify a separate
application.
application.
application.
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Article 34 (1) (2) has been
Article 34
Article 34
Article 34
accepted as a compromise.
See shadow meeting of
11 October 2012, note I, point
A.1.
Article 34
Special rules on an admissibility Special rules on an admissibility Special rules on an admissibility Special rules on an admissibility
interview
interview
interview
interview
1.
Member
States
shall 1.
Member
States
shall 1.
Member
States
shall 1.
Member
States
shall
allow
applicants
to
allow
applicants
to
allow
applicants
to
allow
applicants
to
present their views with
present their views with
present their views with
present their views with
regard to the application
regard to the application
regard to the application
regard to the application
of the grounds referred
of the grounds referred
of the grounds referred
of the grounds referred
to in Article 33 in their
to in Article 33 in their
to in Article 33 in their
to in Article 33 in their
particular circumstances
particular circumstances
particular circumstances
particular circumstances
before a decision to
before a decision to
before a decision to
before a decision to
consider an application
consider an application
consider an application
consider an application
inadmissible is taken. To
inadmissible is taken. To
inadmissible is taken. To
inadmissible
by
the
that end, Member States
that
end,
the
that end, Member States
determining authority
shall conduct a personal
determining
authority
shall conduct a personal
is taken. To that end,
interview
on
the
shall conduct a personal
interview
on
the
Member
States
shall
admissibility
of
the
interview
on
the
admissibility
of
the
conduct
a
personal
application.
Member
admissibility
of
the
application.
Member
interview
on
the
States may make an
application.
Member
States may make an
admissibility
of
the
exception
only
in
States may make an
exception
only
in
application.
Member
accordance with Article
exception
only
in
accordance with Article
States may make an
42 in the case of a
accordance with Article
42 in the case of a
exception
only
in
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subsequent application.
42 in the case of a
subsequent application.
accordance with Article
subsequent application.
42 in the case of a
subsequent
application.
This paragraph shall be
without prejudice to
Article 4(2)(a).
2.
Member States may
provide
that
the
personnel
of
other
authorities than the
determining authority
conducts the personal
interview
on
the
admissibility
of
the
application
for
international
protection.
In
such
cases, Member States
shall ensure that the
personnel
of
those
authorities
who
conduct the intervie w
receive in advance the
necessary
basic
training in particular
with
respect
to
international
human
rights law, the EU
asylum
acquis
and
interview techniques.
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2.
Paragraph 1 shall be 2.
Paragraph 1 shall be […]
[…]
without
prejudice
to
without
prejudice
to
Article 5 of Regulation
Article 5 of Regulation
Pending (Dublin issue)
(EU) No […/…] [the
(EU) No […/…] [the
Dublin Regulation].
Dublin Regulation].
3.
Member
States
shall 3.
Member
States
shall
[…]
ensure that the person
ensure that the
member
who
conducts
the
of
staff
of
the
Agreed to take Council text
interview
on
the
determining
authority
(shadow meeting 20.9.2012)
admissibility
of
the
who
conducts
the
application
does
not
interview
on
the
wear a military or law
admissibility
of
the
enforcement uniform.
application
does
not
wear a ▌ uniform
SECTION III
SECTION III
SECTION III
Article 35 26
Article 35
Article 35 26
.
The concept of first country of
The concept of first country of
The concept of first country of
asylum
asylum
asylum
A country can be considered to be A country can be considered to be A country can be considered to be Identical.
a first country of asylum for a a first country of asylum for a a first country of asylum for a
particular
applicant
for particular
applicant
for particular
applicant
for
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international
protection international protection if:
international
protection
asylum if:
asylum if:
(a)
he/she
has
been (a)
he/she
has
been (a)
he/she
has
been Identical.
recognised
in
that
recognised
in
that
recognised
in
that
country as a refugee and
country as a refugee and
country as a refugee and
he/she can still avail
he/she can still avail
he/she can still avail
himself/herself of that
himself/herself of that
himself/herself of that
protection, or
protection, or
protection, or
(b)
he/she otherwise enjoys (b)
he/she otherwise enjoys (b)
he/she otherwise enjoys Agreed to take COM/Council
sufficient protection in
effective protection in
sufficient protection in text. See shadow meeting of
that country, including
that country, including
that country, including 8.11.2012, note for the shadows,
benefiting
from
the
benefiting
from
the
benefiting
from
the page 4.
principle
of
principle
of
principle
of
non-
refoulement,
non-refoulement,
non-
refoulement,
provided that he/she will be provided that he/she will be provided that he/she will be Identical.
re-admitted to that country.
re-admitted to that country.
re-admitted to that country.
In applying the concept of first In applying the concept of first In applying the concept of first Agreed to take COM/Council
country
of
asylum
to
the country
of
asylum
to
the country
of
asylum
to
the text. See shadow meeting of
particular circumstances of an particular circumstances of an particular circumstances of an 8.11.2012, note for the shadows,
applicant
for
international applicant
for
international applicant
for
international page 4.
protection
asylum,
Member protection, Member States
shall protection
asylum,
Member
States may take into account take into account Article 38(1). States may take into account
Article 38(1)
27(1).
The The applicant shall be allowed to Article 38(1)
27(1).
The
applicant shall be allowed to challenge the application of the applicant shall be allowed to
challenge the application of the first country of asylum concept
challenge the application of the
first country of asylum concept in
on the grounds that the first first country of asylum concept in
his/her
particular
country of asylum in question is his/her
particular
circumstances.
not safe in his or her particular circumstances.
case.
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Article 27
Com proposal
The safe third country concept
1.
Member
States
may
apply
the
safe third
country
concept
only
where
the
competent
authorities are satisfied
that a person seeking
asylum will be treated in
accordance
with
the
following
principles in
the
third
country
concerned:
(a)
life and liberty are
not threatened on
account of race,
religion,
nationality,
membership of a
particular
social
group or political
opinion;
(b)
the
principle
of
non-refoulement in
accordance
with
the
Geneva
Convention
is
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respected;
(c)
the prohibition of
removal,
in
violation
of
the
right to freedom
from torture and
cruel, inhuman or
degrading
treatment as laid
down
in
international
law,
is respected; and
(d)
the
possibility
exists to request
refugee status and,
if found to be a
refugee, to receive
protection
in
accordance
with
the
Geneva
Convention.
2.
The application of the
safe
third
country
concept shall be subject
to rules laid down in
national
legislation,
including:
(a)
rules requiring a
connection
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between the person
seeking
asylum
and
the
third
country concerned
on the basis of
which it would be
reasonable for that
person to go to that
country;
(b)
rules
on
the
methodology
by
which
the
competent
authorities
satisfy
themselves that the
safe third country
concept may be
applied
to
a
particular
country
or to a particular
applicant.
Such
methodology shall
include
case-by-case
consideration
of
the safety of the
country
for
a
particular applicant
and/or
national
designation
of
countries
considered to be
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generally safe;
(c)
rules in accordance
with
international
law, allowing an
individual
examination
of
whether the third
country concerned
is
safe
for
a
particular applicant
which,
as
a
minimum,
shall
permit
the
applicant
to
challenge
the
application of the
safe third country
concept
on
the
grounds that he/she
would be subjected
to torture, cruel,
inhuman
or
degrading
treatment
or
punishment.
3.
When implementing a
decision solely based on
this
Article,
Member
States shall:
(a)
inform
the
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applicant
accordingly; and
(b)
provide
him/her
with a document
informing
the
authorities of the
third country, in
the
language of
that country, that
the application has
not been examined
in substance.
4.
Where the third country
does
not
permit
the
applicant for asylum to
enter
its
territory,
Member
States
shall
ensure that access to a
procedure is given in
accordance
with
the
basic
principles
and
guarantees described in
Chapter II.
5.
Member
States
shall
inform the Commission
periodically
of
the
countries to which this
concept is applied in
accordance
with
the
provisions
of
this
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Article.
Article 28
Commission proposal
Unfounded applications
1.
Without
prejudice
to
Articles 19
and
20,
Member States may only
consider an application
for asylum as unfounded
if
the
determining
authority has established
that the applicant does
not qualify for refugee
status
pursuant
to
Directive 2004/83/EC
.
2.
In the cases mentioned in
Article 23(4)(b) and in
cases
of
unfounded
applications for asylum
in which any of the
circumstances listed in
Article 23(4)(a) and (c)
to (o) apply, Member
States may also consider
an
application
as
manifestly
unfounded,
where it is defined as
such
in
the national
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legislation.
Article 29
Commission proposal
Minimum common list of third
countries
regarded as safe countries of
origin
1.
The Council shall, acting
by a qualified majority
on a proposal from the
Commission and after
consultation
of
the
European
Parliament,
adopt
a
minimum
common
list
of
third countries
which
shall be regarded by
Member States as safe
countries of origin in
accordance
with
Annex II.
2.
The Council may, acting
by a qualified majority
on a proposal from the
Commission and after
consultation
of
the
European
Parliament,
amend
the
minimum
common list by adding
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or
removing
third
countries, in accordance
with
Annex II. The
Commission
shall
examine
any
request
made by the Council or
by a Member State to
submit a proposal to
amend
the
minimum
common list.
3.
When
making
its
proposal
under
paragraphs 1 or 2, the
Commission shall make
use of information from
the Member States, its
own
information
and,
where
necessary,
information
from
UNHCR, the Council of
Europe
and
other
relevant
international
organisations.
4.
Where
the
Council
requests the Commission
to submit a proposal for
removing a third country
from
the
minimum
common
list,
the
obligation
of
Member
States
pursuant
to
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Article 31(2)
shall
be
suspended with regard to
this third country as of
the day following the
Council
decision
requesting
such
a
submission.
5.
Where a Member State
requests the Commission
to submit a proposal to
the Council for removing
a third country from the
minimum common list,
that Member State shall
notify the Council in
writing of the request
made
to
the
Commission.
The
obligation
of
this
Member State pursuant
to Article 31(2) shall be
suspended with regard to
the third country as of
the day following the
notification
to
the
Council.
6.
The
European
Parliament
shall
be
informed
of
the
suspensions
under
paragraphs 4 and 5.
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7.
The suspensions under
paragraphs 4 and 5 shall
end after three months,
unless the Commission
makes a proposal before
the end of this period, to
withdraw
the
third
country
from
the
minimum common list.
The suspensions shall in
any case end where the
Council
rejects
a
proposal
by
the
Commission to withdraw
the third country from
the list.
8.
Upon request by the
Council, the Commission
shall
report
to
the
European Parliament and
the Council on whether
the situation of a country
on
the
minimum
common list is still in
conformity
with
Annex II.
When
presenting its report, the
Commission may make
such
recommendations
or proposals as it deems
appropriate.
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Article 30
National designation of third
Commission proposal
countries
as safe countries of origin
1.
Without
prejudice
to
Article 29,
Member
States may retain or
introduce legislation that
allows,
in accordance
with Annex II, for the
national designation of
third countries other than
those appearing on the
minimum common list,
as safe countries of
origin for the purposes of
examining
applications
for asylum. This may
include
designation of
part of a country as safe
where the conditions in
Annex II are fulfilled in
relation to that part.
2.
By
derogation
from
paragraph 1,
Member
States
may
retain
legislation in force on 1
December
2005
that
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allows for the national
designation
of
third
countries,
other
than
those appearing on the
minimum common list,
as safe countries of
origin for the purposes of
examining
applications
for asylum where they
are satisfied that persons
in the third countries
concerned are generally
neither subject to:
(a)
persecution
as
defined in Article 9
of
Directive
2004/83/EC; nor
(b)
torture or inhuman
or
degrading
treatment
or
punishment.
3.
Member States may also
retain legislation in force
on 1 December 2005 that
allows for the national
designation of part of a
country as safe, or a
country or part of a
country as safe for a
specified
group
of
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persons in that country,
where the conditions in
paragraph 2 are fulfilled
in relation to that part or
group.
4.
In assessing whether a
country is a safe country
of origin in accordance
with paragraphs 2 and 3,
Member
States
shall
have regard to the legal
situation, the application
of the law and the
general
political
circumstances
in
the
third country concerned.
5.
The
assessment
of
whether a country is a
safe country of origin in
accordance
with
this
Article shall be based on
a range of sources of
information, including in
particular
information
from
other
Member
States, the UNHCR, the
Council of Europe and
other
relevant
international
organisations.
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6.
Member
States
shall
notify to the Commission
the countries that are
designated
as
safe
countries of origin in
accordance
with
this
Article.
▌
Article 36 31
Article 36 31
▌
The safe country of origin
The safe country of origin
Pending.
concept
concept
Political red line.
1.
A
third
country ▌
1.
A
third
country
designated as a safe
designated as a safe
country
of
origin
in
country
of
origin
in
accordance with this
accordance with this
Directive
either
Directive
either
Article 29 or 30 may,
Article 29 or 30 may,
after
an
individual
after
an
individual
examination
of
the
examination
of
the
application,
be
application,
be
considered as a safe
considered as a safe
country of origin for a
country of origin for a
particular applicant for
particular applicant for
asylum only if:
asylum only if:
(a)
he/she
has
the ▌
(a)
he/she
has
the
nationality of that
nationality of that
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country; or
country; or
(b)
he/she is a stateless ▌
(b)
he/she is a stateless
person and was
person and was
formerly habitually
formerly habitually
resident
in
that
resident
in
that
country;
country;
and
he/she
has
not
▌
and
he/she
has
not
submitted
any serious
submitted
any
grounds for considering
seriousgrounds
for
the country not to be a
considering the country
safe country of origin in
not to be a safe country
his/her
particular
of
origin
in
his/her
circumstances
and
in
particular circumstances
terms
of
his/her
and in terms of his/her
qualification as a refugee
qualification as a refugee
or a person eligible
or a person eligible
for
subsidiary
for
subsidiary
protection
in
protection
in
accordance
with
accordance
with
Directive
[…/…/EU]
Directive
[…/…/EU]
[the
Qualification
[the
Qualification
Directive] 2004/83/EC
.
Directive] 2004/83/EC
.
2.
Member States shall, in
2.
Member States shall, in
accordance
with
accordance
with
paragraph 1, consider the
paragraph 1, consider the
application for asylum as
application for asylum as
unfounded
where
the
unfounded
where
the
third
country
is
third
country
is
designated
as
safe
designated
as
safe
pursuant to Article 29.
pursuant to Article 29.
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2. 3.
Member States shall lay ▌
2. 3.
Member States shall lay
down
in
national
down
in
national
legislation further rules
legislation further rules
and modalities for the
and modalities for the
application of the safe
application of the safe
country
of
origin
country
of
origin
concept.
concept.
▌
Article 37
Article 37
▌
National designation of third
National designation of third
Pending.
countries
countries
as safe countries of origin
as safe countries of origin
Political red line.
1.
Without
prejudice
to ▌
1.
Without
prejudice
to
Article 29,
Member
Article 29,Member
States may retain or
States may retain or
introduce legislation that
introduce legislation that
allows,
in accordance
allows,
in accordance
with Annex I II, for the
with Annex III, for the
national designation of
national designation of
third countries other than
third countries other than
those appearing on the
those appearing on the
minimum common list,
minimum common list,
as safe countries of
as safe countries of
origin for the purposes of
origin for the purposes of
examining
applications
examining
applications
for
international
for
international
protection
asylum.
protection
asylum.
This
may
include
This
may
include
designation of part of a
designation of part of a
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country as safe where the
country as safe where the
conditions in Annex II
conditions in Annex II
are fulfilled in relation to
are fulfilled in relation to
that part.
that part.
2.
By
derogation
from
2.
By
derogation
from
paragraph 1,
Member
paragraph 1,
Member
States
may
retain
States
may
retain
legislation in force on 1
legislation in force on 1
December
2005
that
December
2005
that
allows for the national
allows for the national
designation
of
third
designation
of
third
countries,
other
than
countries,
other
than
those appearing on the
those appearing on the
minimum common list,
minimum common list,
as safe countries of
as safe countries of
origin for the purposes of
origin for the purposes of
examining
applications
examining
applications
for asylum where they
for asylum where they
are satisfied that persons
are satisfied that persons
in the third countries
in the third countries
concerned are generally
concerned are generally
neither subject to:
neither subject to:
(a)
persecution
as
(a)
persecution
as
defined in Article 9
defined in Article 9
of
Directive
of
Directive
2004/83/EC; nor
2004/83/EC; nor
(b)
torture or inhuman
(b)
torture or inhuman
or
degrading
or
degrading
treatment
or
treatment
or
punishment.
punishment.
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3.
Member States may also
3.
Member States may also
retain legislation in force
retain legislation in force
on 1 December 2005 that
on 1 December 2005 that
allows for the national
allows for the national
designation of part of a
designation of part of a
country as safe, or a
country as safe, or a
country or part of a
country or part of a
country as safe for a
country as safe for a
specified
group
of
specified
group
of
persons in that country,
persons in that country,
where the conditions in
where the conditions in
paragraph 2 are fulfilled
paragraph 2 are fulfilled
in relation to that part or
in relation to that part or
group.
group.
4.
In assessing whether a
4.
In assessing whether a
country is a safe country
country is a safe country
of origin in accordance
of origin in accordance
with paragraphs 2 and 3,
with paragraphs 2 and 3,
Member
States
shall
Member
States
shall
have regard to the legal
have regard to the legal
situation, the application
situation, the application
of the law and the
of the law and the
general
political
general
political
circumstances
in
the
circumstances
in
the
third country concerned.
third country concerned.
2.
Member
States
shall
2.
Member
States
shall
ensure a regular review
ensure a regular review
of the situation in third
of the situation in third
countries designated as
countries designated as
safe in accordance with
safe in accordance with
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this Article.
this Article.
3. 5.
The
assessment
of ▌
3.5.
The
assessment
of
whether a country is a
whether a country is a
safe country of origin in
safe country of origin in
accordance
with
this
accordance
with
this
Article shall be based on
Article shall be based on
a range of sources of
a range of sources of
information, including in
information, including in
particular
information
particular
information
from
other
Member
from
other
Member
States, the European
States, the European
Asylum
Support
Asylum
Support
Office, the UNHCR,
Office, the UNHCR,
the Council of Europe
the Council of Europe
and
other
relevant
and
other
relevant
international
international
organisations.
organisations.
4. 6.
Member
States
shall ▌
4.6.
Member
States
shall
notify to the Commission
notify to the Commission
the countries that are
the countries that are
designated
as
safe
designated
as
safe
countries of origin in
countries of origin in
accordance
with
this
accordance
with
this
Article.
Article.
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Article 38
Article 38
Article 38
The safe third country concept
The safe third country concept
The safe third country concept
Pending.
[First deleted, but reintroduced
Political red line.
under European safe third country
concept (old Article 37)]
1.
Member
States
may 1.
A third country may 1.
Member
States
may
apply
the
safe third
only be considered as a
apply
the
safe third
country
concept
only
safe third country where
country
concept
only
where
the
competent
a
person
seeking
where
the
competent
authorities are satisfied
international
protection
authorities are satisfied
that a person seeking
will
be
treated
in
that a person seeking
international
accordance
with
the
international
protection asylum will
following principles and
protection asylum will
be treated in accordance
conditions in the third
be treated in accordance
with
the
following
country concerned:
with
the
following
principles in the third
principles in the third
country concerned:
country concerned:
(a)
life and liberty are
(a)
life and liberty are
(a)
life and liberty are
not threatened on
not threatened on
not threatened on
account of race,
account of race,
account of race,
religion,
religion,
religion,
nationality,
nationality,
nationality,
membership of a
membership of a
membership of a
particular
social
particular
social
particular
social
group or political
group or political
group or political
opinion;
opinion;
opinion;
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(b)
there is no risk of
(b)
there is no risk of
(b)
there is no risk of
serious harm as
serious harm as
serious harm as
defined
in
defined
in
defined
in
Directive
Directive
Directive
[…/…/EU]
[the
[…/.../EU]
[the
[…/…/EU]
[the
Qualification
Qualification
Qualification
Directive];
Directive];
Directive];
(c b) the
principle
of
(c)
the
principle
of
(cb) the
principle
of
non-refoulement in
non-refoulement in
non-refoulement in
accordance
with
accordance
with
accordance
with
the
Geneva
the
Geneva
the
Geneva
Convention
is
Convention
is
Convention
is
respected;
respected;
respected;
(d c) the prohibition of
(d)
the prohibition of
(dc) the prohibition of
removal,
in
removal,
in
removal,
in
violation
of
the
violation
of
the
violation
of
the
right to freedom
right to freedom
right to freedom
from torture and
from torture and
from torture and
cruel, inhuman or
cruel, inhuman or
cruel, inhuman or
degrading
degrading
degrading
treatment as laid
treatment as laid
treatment as laid
down
in
down
in
down
in
international
law,
international
law,
international
law,
is respected; and
is respected;
is respected; and
(e d) the
possibility
(e)
the
possibility
(ed) the
possibility
exists to request
exists to request
exists to request
refugee status and,
refugee status
or
refugee status and,
if found to be a
another
if found to be a
refugee, to receive
complementary
refugee, to receive
protection
in
form of protection
protection
in
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accordance
with
comparable to that
accordance
with
the
Geneva
granted
under
the
Geneva
Convention.
Directive
Convention.
[.../.../EU]
[the
Qualification
Directive] and, if
granted such status
or protection, to
receive protection
comparable to that
afforded
under
that Directive;
(f)
it has ratified and
observes
the
provisions of the
Geneva
Convention
without
any
geographical
limitations;
(g)
it has in place an
asylum procedure
prescribed by law;
and
(h)
it has been so
designated by the
European
Parliament
and
the
Council
in
accordance
with
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paragraph 2.
2.
The
European
Parliament
and
the
Council shall, acting in
accordance
with the
ordinary
legislative
procedure,
adopt
or
amend a common list of
third countries that shall
be regarded as safe third
countries
for
the
purposes of paragraph
1.
2.
The application of the 3.
The
Member
States 2.
The application of the
safe
third
country
concerned shall lay down
safe
third
country
concept shall be subject
in
national
law
the
concept shall be subject
to rules laid down in
modalities
for
to rules laid down in
national
legislation,
implementing
the
national
legislation,
including:
provisions of paragraph
including:
1 and rules requiring:
(a)
rules requiring a
(a)
a
connection
(a)
rules requiring a
connection
between the person
connection
between the person
seeking
between the person
seeking
international
seeking
international
protection and the
international
protection
third
country
protection
asylum
and
the
concerned on the
asylum
and
the
third
country
basis of which it
third
country
concerned on the
would
be
concerned on the
basis of which it
reasonable for that
basis of which it
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would
be
person to go to that
would
be
reasonable for that
country;
reasonable for that
person to go to that
person to go to that
country;
country;
(b)
rules
on
the
(b)
methodology
by
(b)
rules
on
the
methodology
by
which
the
methodology
by
which
the
competent
which
the
competent
authorities
satisfy
competent
authorities
satisfy
themselves that the
authorities
satisfy
themselves that the
safe third country
themselves that the
safe third country
concept may be
safe third country
concept may be
applied
to
a
concept may be
applied
to
a
particular
country
applied
to
a
particular
country
or to a particular
particular
country
or to a particular
applicant.
Such
or to a particular
applicant.
Such
methodology shall
applicant.
Such
methodology shall
include
case-by-
methodology shall
include
case consideration
include
case-by-case
of the safety of the
case-by-case
consideration
of
country
for
a
consideration
of
the safety of the
particular
the safety of the
country
for
a
applicant▌ ;
country
for
a
particular applicant
particular applicant
and/or
national
and/or
national
designation
of
designation
of
countries
countries
considered to be
considered to be
generally safe;
generally safe;
(c)
rules in accordance
(c)
rules in accordance
(c)
rules in accordance
with
international
with
international
with
international
law, allowing an
law, allowing an
law, allowing an
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individual
individual
individual
examination
of
examination
of
examination
of
whether the third
whether the third
whether the third
country concerned
country concerned
country concerned
is
safe
for
a
is
safe
for
a
is
safe
for
a
particular applicant
particular applicant
particular applicant
which,
as
a
which,
as
a
which,
as
a
minimum,
shall
minimum,
shall
minimum,
shall
permit
the
permit
the
permit
the
applicant
to
applicant
to
applicant
to
challenge
the
challenge
the
challenge
the
application of the
application of the
application of the
safe third country
safe third country
safe third country
concept
on
the
concept
on
the
concept
on
the
grounds
that
grounds that the
grounds
that
that the third
third country is not
that the third
country is not safe
safe
in
his/her
country is not safe
in his/her particular
particular
in his/her particular
circumstances
circumstances. The
circumstances
he/she would be
applicant shall also
he/she would be
subjected
to
be
allowed
to
subjected
to
torture,
cruel,
challenge
the
torture,
cruel,
inhuman
or
existence
of
a
inhuman
or
degrading
connection
degrading
treatment
or
between
him/her
treatment
or
punishment.
and
the
third
punishment.
The
applicant
country
in
The
applicant
shall
also
be
accordance
with
shall
also
be
allowed
to
point (a).
allowed
to
challenge
the
challenge
the
existence
of
a
existence
of
a
connection
connection
between
him/her
between
him/her
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and
the
third
and
the
third
country
in
country
in
accordance
with
accordance
with
point (a).
point (a).
3.
When implementing a 4.
When implementing a 3.
When implementing a
decision solely based on
decision based on this
decision solely based on
this
Article,
Member
Article,
the
Member
this
Article,
Member
States shall:
States concerned shall
States shall:
(a)
inform
the
inform
the
applicant
(a)
inform
the
applicant
accordingly.
applicant
accordingly; and
accordingly; and
(b)
provide
him/her
(b)
provide
him/her
with a document
with a document
informing
the
informing
the
authorities of the
authorities of the
third country, in
third country, in
the
language of
the
language of
that country, that
that country, that
the application has
the application has
not been examined
not been examined
in substance.
in substance.
4.
Where the third country 5.
Where the safe third 4.
Where the third country
does
not
permit
the
country does not re-
does
not
permit
the
applicant
for
admit the applicant for
applicant
for
international
asylum, Member States
international
protection asylum to
shall ensure that access
protection asylum to
enter
its
territory,
to a procedure is given in
enter
its
territory,
Member
States
shall
accordance
with
the
Member
States
shall
ensure that access to a
basic
principles
and
ensure that access to a
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procedure is given in
guarantees described in
procedure is given in
accordance
with
the
Chapter II.
accordance
with
the
basic
principles
and
basic
principles
and
guarantees described in
guarantees described in
Chapter II.
Chapter II.
5.
Member
States
shall ▌
5.
Member
States
shall
inform the Commission
inform the Commission
periodically
of
the
periodically
of
the
countries to which this
countries to which this
concept is applied in
concept is applied in
accordance
with
the
accordance
with
the
provisions
of
this
provisions
of
this
Article.
Article.
6.
Member States shall not
designate national lists
of safe countries of
origin or national lists
of safe third countries.
Article 39
Article 39
Article 39
▌
The European safe third
The European safe third
Pending.
country countries concept
country countries concept
Political red line.
1.
Member
States
may ▌
1.
Member
States
may
provide that no, or no
provide that no, or no
full, examination of the
full, examination of the
asylum application for
asylum application for
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international
international
protection and of the
protection and of the
safety of the applicant in
safety of the applicant in
his/her
particular
his/her
particular
circumstances
as
circumstances
as
described in Chapter II,
described in Chapter II,
shall take place in cases
shall take place in cases
where
a
competent
where
a
competent
authority has established,
authority has established,
on the basis of the facts,
on the basis of the facts,
that the applicant for
that the applicant for
asylum
international
asylum
international
protection is seeking
protection is seeking
to enter or has entered
to enter or has entered
illegally into its territory
illegally into its territory
from a safe third country
from a safe third country
according to paragraph
according to paragraph
2.
2.
2.
A third country can only ▌
2.
A third country can only
be considered as a safe
be considered as a safe
third country for the
third country for the
purposes of paragraph 1
purposes of paragraph 1
where:
where:
(a)
it has ratified and ▌
(a)
it has ratified and
observes
the
observes
the
provisions of the
provisions of the
Geneva
Geneva
Convention
Convention
without
any
without
any
geographical
geographical
limitations;
limitations;
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(b)
it has in place an ▌
(b)
it has in place an
asylum procedure
asylum procedure
prescribed by law;
prescribed by law;
and
and
(c)
it has ratified the ▌
(c)
it has ratified the
European
European
Convention for the
Convention for the
Protection
of
Protection
of
Human Rights and
Human Rights and
Fundamental
Fundamental
Freedoms
and
Freedoms
and
observes
its
observes
its
provisions,
provisions,
including
the
including
the
standards
relating
standards
relating
to
effective
to
effective
remedies; and
remedies; and
(d)
it has been so
(d)
it has been so
designated by the
designated by the
Council
in
Council
in
accordance
with
accordance
with
paragraph 3.
paragraph 3.
3.
The Council shall, acting
3.
The Council shall, acting
by qualified majority on
by qualified majority on
a proposal from the
a proposal from the
Commission and after
Commission and after
consultation
of
the
consultation
of
the
European
Parliament,
European
Parliament,
adopt
or
amend
a
adopt
or
amend
a
common list of third
common list of third
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countries that shall be
countries that shall be
regarded as safe third
regarded as safe third
countries
for
the
countries
for
the
purposes of paragraph 1.
purposes of paragraph 1.
EP compromise suggestion
combined with
Article 46(6)(d).
See also follow-up note of
20.11.2012:
The applicant shall be allowed to
challenge the application of the
European safe third country
concept on the grounds that the
country is not safe in his/her
particular circumstances.
43.
The
Member
States ▌
43.
The
Member
States
concerned shall lay down
concerned shall lay down
in
national
law
the
in
national
law
the
modalities
for
modalities
for
implementing
the
implementing
the
provisions of paragraph
provisions of paragraph
1 and the consequences
1 and the consequences
of decisions pursuant to
of decisions pursuant to
those
provisions
in
those
provisions
in
accordance
with
the
accordance
with
the
principle
of
non-
principle
of
non-
refoulement under the
refoulement under the
Geneva
Convention,
Geneva
Convention,
including providing for
including providing for
exceptions
from
the
exceptions
from
the
application
of
this
application
of
this
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Article for humanitarian
Article for humanitarian
or political reasons or for
or political reasons or for
reasons
of
public
reasons
of
public
international law.
international law.
54.
When implementing a ▌
54.
When implementing a
decision solely based on
decision solely based on
this Article, the Member
this Article, the Member
States concerned shall:
States concerned shall:
(a)
inform
the ▌
(a)
inform
the
applicant
applicant
accordingly; and
accordingly; and
(b)
provide
him/her ▌
(b)
provide
him/her
with a document
with a document
informing
the
informing
the
authorities of the
authorities of the
third country, in
third country, in
the
language of
the
language of
that country, that
that country, that
the application has
the application has
not been examined
not been examined
in substance.
in substance.
65.
Where the safe third ▌
65.
Where the safe third
country does not re-
country does not re-
admit the applicant for
admit the applicant for
asylum, Member States
asylum, Member States
shall ensure that access
shall ensure that access
to a procedure is given in
to a procedure is given in
accordance
with
the
accordance
with
the
basic
principles
and
basic
principles
and
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guarantees described in
guarantees described in
Chapter II.
Chapter II.
6.
Member
States
shall ▌
6.
Member
States
shall
inform the Commission
inform the Commission
periodically
of
the
periodically
of
the
countries to which this
countries to which this
concept is applied in
concept is applied in
accordance
with
the
accordance
with
the
provisions
of
this
provisions
of
this
Article.
Article.
7.
Member States which
7.
Member States which
have
designated
third
have
designated
third
countries
as
safe
countries
as
safe
countries in accordance
countries in accordance
with national legislation
with national legislation
in force on 1 December
in force on 1 December
2005 and on the basis of
2005 and on the basis of
the criteria in paragraph
the criteria in paragraph
2(a), (b) and (c), may
2(a), (b) and (c), may
apply paragraph 1 to
apply paragraph 1 to
these third countries until
these third countries until
the Council has adopted
the Council has adopted
the common list pursuant
the common list pursuant
to paragraph 3.
to paragraph 3.
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SECTION IV
SECTION IV
SECTION IV
Article 40 32
Article 40
Article 40 32
Subsequent application
Subsequent application
Subsequent application
1.
Where a person who has 1.
Where a person who has 1.
Where a person who has Agreed to take Com/Council text.
applied
for
applied for international
applied
for
international
protection in a Member
international
See shadow meeting of
protection asylum in a
State
makes
further
protection asylum in a 11 October 2012, note I, page 10.
Member
State makes
representations
or
a
Member
State makes
further representations or
subsequent application in
further representations or
a subsequent application
the same Member State,
a subsequent application
in the same Member
that Member State shall
in the same Member
State, that Member State
examine these further
State, that Member State
shall may examine
representations or the
shall may examine
these
further
elements
of
the
these
further
representations or the
subsequent application in
representations or the
elements
of
the
the framework of the
elements
of
the
subsequent application in
examination
of
the
subsequent application in
the framework of the
previous application or
the framework of the
examination
of
the
in the framework of the
examination
of
the
previous application or
examination
of
the
previous application or
in the framework of the
decision under review or
in the framework of the
examination
of
the
appeal, insofar as the
examination
of
the
decision under review or
determining
authority
decision under review or
appeal, insofar as the
can take into account and
appeal, insofar as the
competent
authorities
consider all the elements
competent
authorities
can take into account and
underlying
the further
can take into account and
consider all the elements
representations
or
consider all the elements
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underlying
the further
subsequent
application
underlying
the further
representations
or
within this framework
.
representations
or
subsequent
application
subsequent
application
within this framework
.
within this framework
.
2.
Moreover,
Member
2.
Moreover,
Member
States
may
apply
a
States
may
apply
a
specific
procedure
as
specific
procedure
as
referred
to
in
referred
to
in
paragraph 3,
where
a
paragraph 3,
where
a
person
makes
a
person
makes
a
subsequent
application
subsequent
application
for asylum:
for asylum:
(a)
after
his/her
(a)
after
his/her
previous
previous
application
has
application
has
been withdrawn or
been withdrawn or
abandoned
by
abandoned
by
virtue
of
virtue
of
Articles 19 or 20;
Articles 19 or 20;
(b)
after a decision has
(b)
after a decision has
been taken on the
been taken on the
previous
previous
application.
application.
Member
States
Member
States
may also decide to
may also decide to
apply
this
apply
this
procedure
only
procedure
only
after
a
final
after
a
final
decision has been
decision has been
taken.
taken.
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2. 3.
For the purpose of 2.
For the purpose of taking 2. 3.
For the purpose of Agreed to take Com/Council text.
taking a decision on the
a
decision
on
the
taking a decision on the
admissibility
of
an
admissibility
of
an
admissibility
of
an See shadow meeting of
application
for
application
for
application
for 11 October 2012, note I, page 10.
international
protection
international
protection
international
protection
pursuant
to
Article
pursuant
to
Article
pursuant
to
Article
33(2)(d),
a
A
33(2)(d), Member States
33(2)(d),
a
A
subsequent
application
may apply a specific
subsequent
application
for
international
procedure as referred to
for
international
protection
asylum
in paragraph 3 of this
protection
asylum
shall be subject first to a
Article, where a person
shall be subject first to a
preliminary
examination
makes
a
subsequent
preliminary
examination
as to whether , after the
application
for
as to whether , after the
withdrawal
of
the
international protection:
withdrawal
of
the
previous application or
previous application or
after
the
decision
after
the
decision
referred
to
in
referred
to
in
paragraph 2(b) of this
paragraph 2(b) of this
Article
on
this
Article
on
this
application
has
been
application
has
been
reached, new elements or
reached, new elements or
findings have arisen
findings have arisen
or have been presented
or have been presented
by
the
applicant
by
the
applicant
which relate relating
which relate relating
to the examination of
to the examination of
whether
the
whether
the
applicant
he/she
applicant
he/she
qualifies as a refugee
qualifies as a refugee
or a person eligible
or a person eligible
for
subsidiary
for
subsidiary
protection by virtue of
protection by virtue of
Directive
[…/…/EU]
Directive
[…/…/EU]
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[the
Qualification
[the
Qualification
Directive]
2004/83/EC
Directive]
2004/83/EC
have arisen or have been
have arisen or have been
presented
by
the
presented
by
the
applicant.
applicant.
(a)
after
his/her
previous
application
has
been
withdrawn by virtue of
Article 27;
(b)
after a final decision has
been
taken
on
the
previous application.
A subsequent application for
international protection shall be
subject first to a preliminary
examination as to whether, after
the withdrawal of the previous
application or after the decision
referred to in paragraph 2(b) on
this application has been reached,
new elements or findings have
arisen or have been presented by
the applicant which relate to the
examination
of
whether
the
applicant qualifies as a refugee or
a person eligible for subsidiary
protection by virtue of Directive
[…/…/EU]
[the Qualification
Directive].
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3. 4.
If,
following
the 3.
If
the
preliminary 3.4.
If,
following
the Identical.
preliminary
examination
examination referred to
preliminary
examination
referred
to
in
in paragraph 2 concludes
referred
to
in
paragraph 2 3 of this
that new elements or
paragraph 2 3 of this
Article
concludes
findings have arisen or
Article
concludes
that new elements or
been presented by the
that new elements or
findings
have
applicant
which
findings
have
arisen or been are
significantly add to the
arisen or been are
presented
by
the
likelihood
of
the
presented
by
the
applicant
which
applicant qualifying as a
applicant
which
significantly add to the
refugee or a person
significantly add to the
likelihood
of
the
eligible
for
subsidiary
likelihood
of
the
applicant qualifying as a
protection by virtue of
applicant qualifying as a
refugee or a person
Directive
[…/…/EU]
refugee or a person
eligible
for
subsidiary
[the
Qualification
eligible
for
subsidiary
protection by virtue of
Directive]
,
the
protection by virtue of
Directive […/…/EU]
application
shall
be
Directive […/…/EU]
[the
Qualification
further
examined
in
[the
Qualification
Directive]
conformity
with
Directive]
2004/83/EC
,
the
Chapter II.
2004/83/EC
,
the
application
shall
be
application
shall
be
further
examined
in
Member States may also
further
examined
in
conformity
with
provide for other reasons
conformity
with
Chapter II. Member
for
a
subsequent
Chapter II. Member
States may also provide
application to be further
States may also provide
for other reasons for a
examined.
for other reasons for a
subsequent application to
subsequent application to
be further examined.
be further examined.
5.
Member States may, in
5.
Member States may, in
accordance with national
accordance with national
legislation,
further
legislation,
further
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examine a subsequent
examine a subsequent
application where there
application where there
are other reasons why a
are other reasons why a
procedure has to be
procedure has to be
re-opened.
re-opened.
4. 6.
Member
States
may ▌
4.6.
Member
States
may Agreed to take Com/Council text.
decide
to
further
decide
to
further
examine the application
examine the application See shadow meeting of
only if the applicant
only if the applicant 11 October 2012, note I, page 10.
concerned was, through
concerned was, through
no fault of his/her own,
no fault of his/her own,
incapable of asserting the
incapable of asserting the
situations set forth in
situations set forth in
paragraphs 2 and 3 3, 4
paragraphs 2 and 3 3, 4
and 5 of this Article in
and 5 of this Article in
the previous procedure,
the previous procedure,
in
particular
by
in
particular
by
exercising his/her right
exercising his/her right
to an effective remedy
to an effective remedy
pursuant to Article 46
pursuant to Article 46
39.
39.
5.
When
a
subsequent
5.
When
a
subsequent Agreed to take Com/Council text.
application is not further
application is not further
examined
pursuant
to
examined
pursuant
to See shadow meeting of
this Article, it shall be
this Article, it shall be 11 October 2012, note I, page 10.
considered inadmissible,
considered inadmissible,
in
accordance
with
in
accordance
with
Article 33(2)(d).
Article 33(2)(d).
6. 7.
The procedure referred 6.
The procedure referred 6.7.
The procedure referred Identical.
to in this Article may
to in this Article may
to in this Article may
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also be applicable in the
also be applicable in the
also be applicable in the
case of:
case of:
case of:
(a)
a dependant who
(a)
a dependant who
(a)
a dependant who Identical.
lodges
an
lodges
an
lodges
an
application
after
application
after
application
after
he/she
has,
in
he/she
has,
in
he/she
has,
in
accordance
with
accordance
with
accordance
with
Article 7(2)
6(3),
Article 7(2),
Article 7(2)
6(3),
consented to have
consented to have
consented to have
his/her case be part
his/her case be part
his/her case be part
of an application
of an application
of an application
made on his/her
made on his/her
made on his/her
behalf
,
behalf,
behalf
,
and/or
and/or
(b)
an
unmarried
(b)
an
unmarried Agreed to take Com/Council text.
minor who lodges
minor who lodges
an application after
an application after See shadow meeting of
an application has
an application has 11 October 2012, note I, page 10.
been
made
on
been
made
on
his/her
behalf
his/her
behalf
pursuant to Article
pursuant to Article
7(5)(c) .
7(5)(c) .
In those cases this
In
those
cases,
the
In those cases this Agreed to take Com/Council text.
case,
the
preliminary
preliminary
examination
case,
the
preliminary
examination referred to
referred
to
in
examination referred to See shadow meeting of
in paragraph 2 3 of this
paragraph 2 will consist
in paragraph 2 3 of this 11 October 2012, note I, page 10.
Article will consist of
of examining whether
Article will consist of
examining whether there
there are facts relating to
examining whether there
are facts relating to the
the
dependant's
are facts relating to the
dependant's
or the
▌situation
which
dependant's
or the
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unmarried
minor's
justifies
a
separate
unmarried
minor's
situation which justify a
application.
situation which justify a
separate application.
separate application.
7.
Where a person with 7.
Where a person with […] 7. Where a person Identical.
regard
to
whom
a
regard
to
whom
a
with regard to whom a
transfer decision has to
transfer decision has to
transfer decision has to
be enforced pursuant to
be enforced pursuant to
be enforced pursuant to
Regulation (EU) […/…]
Regulation (EU) […/…]
Regulation
[the Dublin Regulation]
[the Dublin Regulation]
(EU)[…/…][the Dublin
makes
further
makes
further
Regulation]
makes
representations
or
a
representations
or
a
further representations or
subsequent application in
subsequent application in
a subsequent application
the transferring Member
the transferring Member
in
the
transferring
State,
those
State,
those
Member
State,
those
representations
or
representations
or
representations
or
subsequent
applications
subsequent
applications
subsequent
applications
shall be examined by the
shall be examined by the
shall be examined by the
responsible
Member
responsible
Member
responsible
Member
State,
as
defined
in
State,
as
defined
in
State,
as
defined
in
Regulation (EU) […/…]
Regulation (EU) […/…]
Regulation
(EU)
[the Dublin Regulation],
[the Dublin Regulation],
[…/…][the
Dublin
in accordance with this
in accordance with this
Regulation],
in
Directive.
Directive.
accordance
with
this
Directive.
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Article 41
Article 41
Article 41
Specific rules following the
Specific rules following the
[…]
Exceptions from
Pending.
rejection or inadmissibility of a
rejection or inadmissibility of a
the right to remain in case
of
subsequent application
subsequent application
[…]
subsequent
Political red line.
applications
[…]
Where a person makes a new Where
after
the procedure 1.
Member
States
may
application
for
international
relating to the initial application
make an exception from Pending.
protection in the same Member
has been terminated pursuant to
the right to remain in the
State after a final decision to
paragraph Article 40 (2), a
territory where a person:
consider
an
application person makes a new application
inadmissible pursuant to Article for international protection in the
40(5) or after a final decision to same Member State before a
reject
a previous subsequent return
decision
has
been
application
as
unfounded, enforced,
and
that
new
Member States may do any of the
application does not lead to a
following:
further examination pursuant to
Article 40, Member States may
do any of the following:
(a)
make an exception to the (a)
make an exception to the
(a)
has made a first
right to remain in the
right to remain in the
subsequent
Pending.
territory,
provided the
territory,
provided the
application, which
determining authority is
determining authority is
is
not
further
satisfied that a return
satisfied that a return
examined pursuant
decision will not lead to
decision will not lead to
to Article 40(5),
direct
or
indirect
direct
or
indirect
merely in order to
refoulement in violation
refoulement in violation
delay or frustrate
of
international
and
of
international
and
the enforcement of
Union obligations of that
Union obligations of that
a decision which
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Member State,
Member State,
would
result
in
his/her
imminent
removal from that
Member State, or
(aa)
provide
that
the
Agreed to take Com/Council text.
application be subjected
to
the
admissibility
procedure in accordance
See shadow meeting of
with this Article and
11 October 2012, note I, page 10
.
Article 30; and/or
(b)
provide
that
the (b)
provide
that
the
(b)
makes
another
examination
procedure
examination
procedure
request
for Pending.
be
accelerated
in
be
accelerated
in
international
accordance with Article
accordance with Article
protection in the
31(6)(f); in such case,
31(6)(f);
in
cases
same
Member
Member States may also
referred to in points (aa)
State, following a
derogate from the time
and (c), Member States
final decision to
limits
normally
may also derogate from
consider
a
first
applicable in accelerated
the time limits normally
subsequent
procedures,
in
applicable
in
the
application
accordance with national
admissibility
and/or
inadmissible
legislation,
accelerated procedures,
pursuant to Article
in
accordance
with
40(5) or after a
national legislation,
final decision to
reject
that
application
as
unfounded,
Member
States
may
make such an exception, Pending.
only where […]
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the determining authority
considers
[…] […] that
a return decision will not
lead to direct or indirect
refoulement in violation
of
international
and
Union obligations of that
Member
State.
[…]
(c)
derogate from the time (c)
derogate from the time […]
limits
normally
limits
normally
Pending.
applicable
to
applicable
to
admissibility
procedures
admissibility
procedures
provided for in Articles
provided for in Articles
33 and 34, in accordance
33 and 34, in accordance
with national legislation.
with national legislation.
2.
In cases referred to in
paragraph
1, Pending.
Member States may
also:
( (a)
[…] )
[…]
Pending.
derogate from the
time
limits
normally
applicable
in
accelerated
procedures,
in
accordance
with
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national legislation
,
when
the
examination
procedure
is
accelerated
in
accordance
with
Article 31(6)(f);
and/or ,
( (b)
[…] )
derogate
from Pending.
the
time
limits
normally
applicable
to
admissibility
procedures
provided
for
in
Articles 33 and 34,
in accordance with
national
legislation. ;
(c)
derogate
from
Article 46(8).
Pending.
Article 33
Article 33
Failure to appear
Failure to appear
Member States may retain or
Member States may retain or
adopt the procedure provided for
adopt the procedure provided for
in Article 32 in the case of an
in Article 32 in the case of an
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application for asylum filed at a
application for asylum filed at a
later date by an applicant who,
later date by an applicant who,
either intentionally or owing to
either intentionally or owing to
gross negligence, fails to go to a
gross negligence, fails to go to a
reception centre or appear before
reception centre or appear before
the competent authorities at a
the competent authorities at a
specified time.
specified time.
Article 42 34
Article 42
Article 42 34
Procedural rules
Procedural rules
Procedural rules
1.
Member
States
shall 1.
Member
States
shall 1.
Member
States
shall Identical.
ensure that applicants for
ensure that applicants for
ensure that applicants for
international
international
international
protection
asylum
protectionwhose
protection
asylum
whose
application
is
application is subject to a
whose
application
is
subject to a preliminary
preliminary
examination
subject to a preliminary
examination pursuant to
pursuant to Article 40
examination pursuant to
Article 40 32 enjoy the
enjoy
the
guarantees
Article 40 32 enjoy the
guarantees provided for
provided
for
in
guarantees provided for
in Article 12(1) 10(1).
Article 12(1).
in Article 12(1) 10(1).
2.
Member States may lay 2.
Member States may lay 2.
Member States may lay Identical.
down in national law
down in national law
down in national law
rules on the preliminary
rules on the preliminary
rules on the preliminary
examination pursuant to
examination pursuant to
examination pursuant to
Article 40
32.
Those
Article 40. Those rules
Article 40
32.
Those
rules may,
inter alia:
may, inter alia:
rules may,
inter alia:
(a)
oblige
the
(a)
oblige
the
(a)
oblige
the Identical.
applicant
applicant
applicant
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concerned
to
concerned
to
concerned
to
indicate facts and
indicate facts and
indicate facts and
substantiate
substantiate
substantiate
evidence
which
evidence
which
evidence
which
justify
a
new
justify
a
new
justify
a
new
procedure;
procedure;
procedure;
(b)
require submission
(b)
require submission Identical.
of
the
new
of
the
new
information by the
information by the
applicant
applicant
concerned within a
concerned within a
time
limit
after
time
limit
after
he/she
obtained
he/she
obtained
such information;
such information;
(b c) permit
the
(b)
permit
the
(bc) permit
the Identical.
preliminary
preliminary
preliminary
examination to be
examination to be
examination to be
conducted on the
conducted on the
conducted on the
sole
basis
of
sole
basis
of
sole
basis
of
written
written
written
submissions
submissions
submissions
without a personal
without a personal
without a personal
interview , with
interview, with the
interview , with
the exception of
exception of cases
the exception of
cases referred to in
referred
to
in
cases referred to in
Article 40(6) .
Article 40(6).
Article 40(6) .
Those rules The
Those rules shall not
Those rules The Identical.
conditions
shall
not
render
impossible
the
conditions
shall
not
render
impossible
the
access of applicants to a
render
impossible
the
access of applicants for
new procedure or result
access of applicants for
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asylum
to
a
new
in
the
effective
asylum
to
a
new
procedure or result in the
annulment
or
severe
procedure or result in the
effective annulment or
curtailment
of
such
effective annulment or
severe
curtailment
of
access.
severe
curtailment
of
such access.
such access.
3.
Member
States
shall 3.
Member
States
shall 3.
Member
States
shall Identical.
ensure that:
ensure that
ensure that:
(a)
the
applicant
is
(a)
the
applicant
is
(a)
the
applicant
is Identical.
informed
in
an
informed
in
an
informed
in
an
appropriate manner
appropriate manner
appropriate manner
of the outcome of
of the outcome of
of the outcome of
the
preliminary
the
preliminary
the
preliminary
examination
and,
examination
and,
examination
and,
in
case
the
in
case
the
in
case
the
application will not
application will not
application will not
be
further
be
further
be
further
examined, of the
examined, of the
examined, of the
reasons for this and
reasons for this and
reasons for this and
the possibilities for
the possibilities for
the possibilities for
seeking an appeal
seeking an appeal
seeking an appeal
or review of the
or review of the
or review of the
decision.;
decision.
decision.;
(b)
if
one
of
the
Agreed to take COM/Council text
situations referred
(deletion). See shadow meeting of
to in Article 40(2)
8.11.2012, note for the shadows,
applies,
the
page 4.
determining
authority
shall
further examine the
subsequent
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application
in
conformity
with
the provisions of
Chapter II as soon
as possible.
(b)
if
one
of
the
(b)
if
one
of
the
situations referred
situations referred
to in Article 32(2)
to in Article 32(2)
applies,
the
applies,
the
determining
determining
authority
shall
authority
shall
further examine the
further examine the
subsequent
subsequent
application
in
application
in
conformity
with
conformity
with
the provisions of
the provisions of
Chapter II as soon
Chapter II as soon
as possible.
as possible.
SECTION V
SECTION V
SECTION V
Article 43 35
Article 43
Article 43 35
Border procedures
Border procedures
Border procedures
1.
Member
States
may 1.
Member
States
may 1.
Member
States
may Identical.
provide for procedures,
provide for procedures,
provide for procedures,
in accordance with the
in accordance with the
in accordance with the
basic
principles
and
basic
principles
and
basic
principles
and
guarantees of Chapter II,
guarantees of Chapter II,
guarantees of Chapter II,
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in order to decide at the
in order to decide at the
in order to decide at the
border or transit zones of
border or transit zones of
border or transit zones of
the Member State on:
the Member State on:
the Member State on:
(a)
the admissibility
(a)
the admissibility of
(a)
the admissibility Identical.
of
an
an
application,
of
an
applications
,
pursuant to Article
applications
,
pursuant to Article
33, made at such
pursuant to Article
33,
made
at
locations; and/or
33,
made
at
such
locations;
such
locations;
and/or
and/or
(b)
the substance of an
(b)
the substance of an
(b)
the substance of an Identical.
application
in
a
application
in
a
application
in
a
procedure pursuant
procedure pursuant
procedure pursuant
to Article 31(6).
to Article 31(6).
to Article 31(6).
2.
However,
when
2.
However,
when
procedures as set out in
procedures as set out in
paragraph 1 do not exist,
paragraph 1 do not exist,
Member
States
may
Member
States
may
maintain, subject to the
maintain, subject to the
provisions of this Article
provisions of this Article
and in accordance with
and in accordance with
the laws or regulations in
the laws or regulations in
force on 1 December
force on 1 December
2005,
procedures
2005,
procedures
derogating
from
the
derogating
from
the
basic
principles
and
basic
principles
and
guarantees described in
guarantees described in
Chapter II, in order to
Chapter II, in order to
decide at the border or in
decide at the border or in
transit
zones
as
to
transit
zones
as
to
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whether applicants for
whether applicants for
asylum who have arrived
asylum who have arrived
and made an application
and made an application
for
asylum
at
such
for
asylum
at
such
locations, may enter their
locations, may enter their
territory.
territory.
3.
The procedures referred
3.
The procedures referred
to in paragraph 2 shall
to in paragraph 2 shall
ensure in particular that
ensure in particular that
the persons concerned:
the persons concerned:
(a)
are
allowed
to
(a)
are
allowed
to
remain
at
the
remain
at
the
border or transit
border or transit
zones
of
the
zones
of
the
Member
State,
Member
State,
without
prejudice
without
prejudice
to Article 7;
to Article 7;
(b)
are be immediately
(b)
are be immediately
informed of their
informed of their
rights
and
rights
and
obligations,
as
obligations,
as
described
in
described
in
Article 10(1) (a);
Article 10(1) (a);
(c)
have
access,
if
(c)
have
access,
if
necessary, to the
necessary, to the
services
of
an
services
of
an
interpreter,
as
interpreter,
as
described
in
described
in
Article 10(1)(b);
Article 10(1)(b);
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(d)
are
interviewed,
(d)
are
interviewed,
before
the
before
the
competent
competent
authority takes a
authority takes a
decision in such
decision in such
procedures,
in
procedures,
in
relation
to
their
relation
to
their
application
for
application
for
asylum by persons
asylum by persons
with
appropriate
with
appropriate
knowledge of the
knowledge of the
relevant standards
relevant standards
applicable in the
applicable in the
field of asylum and
field of asylum and
refugee
law, as
refugee
law, as
described
in
described
in
Articles 12, 13 and
Articles 12, 13 and
14;
14;
(e)
can consult a legal
(e)
can consult a legal
adviser
or
adviser
or
counsellor
counsellor
admitted
or
admitted
or
permitted as such
permitted as such
under national law,
under national law,
as
described
in
as
described
in
Article 15(1); and
Article 15(1); and
(f)
have
a
(f)
have
a
representative
representative
appointed in the
appointed in the
case
of
case
of
unaccompanied
unaccompanied
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minors,
as
minors,
as
described
in
described
in
Article 17(1),
Article 17(1),
unless
unless
Article 17(2) or (3)
Article 17(2) or (3)
applies.
applies.
Moreover,
in
case
Moreover,
in
case
permission to enter is
permission to enter is
refused by a competent
refused by a competent
authority, this competent
authority, this competent
authority shall state the
authority shall state the
reasons in fact and in law
reasons in fact and in law
why the application for
why the application for
asylum is considered as
asylum is considered as
unfounded
or
as
unfounded
or
as
inadmissible.
inadmissible.
2. 4.
Member
States
shall 2.
Member
States
shall 2.4.
Member
States
shall Agreed to take Com/Council text.
ensure that a decision in
ensure that a decision in
ensure that a decision in
the framework of the
the framework of the
the framework of the See shadow meeting of
procedures provided for
procedures provided for
procedures provided for 11 October 2012, note I, page 10.
in paragraph 1 2 is taken
in paragraph 1 is taken
in paragraph 1 2 is taken
within a reasonable time.
within a reasonable time.
within a reasonable time.
When a decision has not
When a decision has not
When a decision has not
been taken within four
been taken within four
been taken within four
weeks, the applicant for
weeks,
the
applicant
weeks, the applicant for
asylum shall be granted
shall be granted entry to
asylum shall be granted
entry to the territory of
the
territory
of
the
entry to the territory of
the Member State in
Member State in order
the Member State in
order
for
his/her
for his/her application to
order
for
his/her
application
to
be
be
processed
in
application
to
be
processed in accordance
accordance
with
the
processed in accordance
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with the other provisions
other provisions of this
with the other provisions
of this Directive.
Directive.
The holding
of this Directive.
of applicants at Member
States’ borders or transit
zones is equivalent to
placing
them
in
detention, as referred to
in Article 26.
3. 5.
In the event of particular 3.
In the event of arrivals 3.5.
In the event of particular Identical.
types
of arrivals, or
involving a large number
types
of arrivals, or
arrivals involving a large
of third country nationals
arrivals involving a large
number of third country
or
stateless
persons
number of third country
nationals
or
stateless
lodging applications for
nationals
or
stateless
persons
lodging
international
protection
persons
lodging
applications
for
at the border or in a
applications
for
international
transit
zone,
which
international
protection asylum at
makes it impossible in
protection asylum at
the border or in a transit
practice to apply there
the border or in a transit
zone, which makes it
the
provisions
of
zone, which makes it
practically
impossible
paragraph 1,
those
practically
impossible
in practice to
procedures may also be
in practice to
apply
there
the
applied where and for as
apply
there
the
provisions
of
long
as
these
third
provisions
of
paragraph 1
or
the
country
nationals
or
paragraph 1
or
the
specific procedure set
stateless
persons
are
specific procedure set
out in paragraphs 2 and
accommodated normally
out in paragraphs 2 and
3, those procedures may
at locations in proximity
3, those procedures may
also be applied where
to the border or transit
also be applied where
and for as long as these
zone.
and for as long as these
third country nationals or
third country nationals or
stateless
persons
are
stateless
persons
are
accommodated normally
accommodated normally
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at locations in proximity
at locations in proximity
to the border or transit
to the border or transit
zone.
zone.
Article 36
Commission proposal
The European safe third
countries concept
1.
Member
States
may
provide that no, or no
full, examination of the
asylum application and
of the safety of the
applicant
in
his/her
particular circumstances
as
described
in
Chapter II,
shall
take
place in cases where a
competent authority has
established, on the basis
of the facts, that the
applicant for asylum is
seeking to enter or has
entered illegally into its
territory from a safe third
country
according
to
paragraph 2.
2.
A third country can only
be considered as a safe
third country for the
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purposes of paragraph 1
where:
(a)
it has ratified and
observes
the
provisions of the
Geneva
Convention
without
any
geographical
limitations;
(b)
it has in place an
asylum procedure
prescribed by law;
(c)
it has ratified the
European
Convention for the
Protection
of
Human Rights and
Fundamental
Freedoms
and
observes
its
provisions,
including
the
standards
relating
to
effective
remedies; and
(d)
it has been so
designated by the
Council
in
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accordance
with
paragraph 3.
3.
The Council shall, acting
by qualified majority on
a proposal from the
Commission and after
consultation
of
the
European
Parliament,
adopt
or
amend
a
common
list
of
third countries that shall
be regarded as safe third
countries
for
the
purposes of paragraph 1.
4.
The
Member
States
concerned shall lay down
in
national
law
the
modalities
for
implementing
the
provisions of paragraph
1 and the consequences
of decisions pursuant to
those
provisions
in
accordance
with
the
principle
of
non-refoulement
under
the Geneva Convention,
including providing for
exceptions
from
the
application
of
this
Article for humanitarian
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or political reasons or for
reasons
of
public
international law.
5.
When implementing a
decision solely based on
this Article, the Member
States concerned shall:
(a)
inform
the
applicant
accordingly; and
(b)
provide
him/her
with a document
informing
the
authorities of the
third country, in
the
language of
that country, that
the application has
not been examined
in substance.
6.
Where the safe third
country does not readmit
the applicant for asylum,
Member
States
shall
ensure that access to a
procedure is given in
accordance
with
the
basic
principles
and
guarantees described in
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Chapter II.
7.
Member States which
have
designated
third
countries
as
safe
countries in accordance
with national legislation
in force on 1 December
2005 and on the basis of
the
criteria
in
paragraph 2(a),
(b)
and (c),
may
apply
paragraph 1
to
these
third countries until the
Council has adopted the
common list pursuant to
paragraph 3.
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CHAPTER IV
CHAPTER IV
CHAPTER IV
PROCEDURES FOR THE
PROCEDURES FOR THE
PROCEDURES FOR THE
WITHDRAWAL OF
WITHDRAWAL OF
WITHDRAWAL OF
INTERNATIONAL
INTERNATIONAL
INTERNATIONAL
PROTECTION
REFUGEE
PROTECTION STATUS
PROTECTION
REFUGEE
STATUS
[…]
Article 44 37
Article 44
Article 44 37
Withdrawal of
international
Withdrawal of international
Withdrawal of
international
protection
refugee status
protection status
protection
refugee status
Member States shall ensure that Member States shall ensure that Member States shall ensure that Identical.
an examination to withdraw the an examination to withdraw the an examination to withdraw the
international
protection international protection status of a international
protection
refugee status of a particular particular person may commence refugee status of a particular
person may commence when new when new elements or findings person may commence when new
elements
or
findings
arise arise indicating that there are elements
or
findings
arise
indicating that there are reasons to reasons to reconsider the validity indicating that there are reasons to
reconsider the validity of his/her of his/her international protection reconsider the validity of his/her
international
protection status.
international
protection
refugee status.
refugee status.
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Article 45 38
Article 45
Article 45 38
Proce dural rules
Procedural rules
Procedural rules
1.
Member
States
shall 1.
Member
States
shall 1.
Member
States
shall Identical.
ensure that, where the
ensure that, where the
ensure that, where the
competent authority is
competent authority is
competent authority is
considering withdrawing
considering withdrawing
considering withdrawing
the
international
the
international
the
international
protection
refugee
protection status of a
protection
refugee
status of a third country
third country national or
status of a third country
national
or
stateless
stateless
person
in
national
or
stateless
person
in
accordance
accordance
with
person
in
accordance
with
Article 14
or
Article 14 or Article 19
with
Article 14
or
Article
19
of
of Directive […/…/EU]
Article
19
of
Directive
[…/…/EU]
[the
Qualification
Directive
[…/…/EU]
[the
Qualification
Directive], the person
[the
Qualification
Directive]
2004/83/EC
,
concerned
enjoys
the
Directive]
2004/83/EC
,
the
person concerned
following guarantees:
the
person concerned
shall
enjoys
the
shall
enjoys
the
following guarantees:
following guarantees:
(a)
to be informed in
(a)
to be informed in
(a)
to be informed in Identical.
writing
that
the
writing
that
the
writing
that
the
competent
competent
competent
authority
is
authority
is
authority
is
reconsidering
his
reconsidering
his
reconsidering
his
or her qualification
or her qualification
or her qualification
for international
for
international
for international
protection
protection
status
protection
refugee status and
and the reasons for
refugee status and
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the
reasons
for
such
a
the
reasons
for
such
a
reconsideration;
such
a
reconsideration;
and
reconsideration;
and
and
(b)
to be given the
(b)
to be given the
(b)
to be given the Identical.
opportunity
to
opportunity
to
opportunity
to
submit,
in
a
submit,
in
a
submit,
in
a
personal interview
personal interview
personal interview
in accordance with
in accordance with
in accordance with
Article 12(1)(b)
Article 12(1)(b)
Article 12(1)(b)
10(1)(b)
and
and
Articles 14,
10(1)(b)
and
Articles 14,
15,
15, 16 and 17 or in
Articles 14,
15,
16 and 17 12,
a
written
16 and 17 12,
13 and 14 or in a
statement, reasons
13 and 14 or in a
written statement,
as to why his/her
written statement,
reasons as to why
international
reasons as to why
his/her
protection
status
his/her
international
should
not
be
international
protection
withdrawn.
protection
refugee
status
refugee
status
should
not
be
should
not
be
withdrawn.
withdrawn.
In
addition,
Member
In
addition,
Member
In
addition,
Member Identical.
States shall ensure that
States shall ensure that
States shall ensure that
within the framework of
within the framework of
within the framework of
such a procedure:
such a procedure:
such a procedure:
(a)
the
competent
(a)
the
competent
(a)
the
competent Identical.
authority is able to
authority is able to
authority is able to
obtain precise and
obtain precise and
obtain precise and
up-to-date
up-to-date
up-to-date
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information
from
information
from
information
from
various
sources,
various
sources,
various
sources,
such
as,
where
such
as,
where
such
as,
where
appropriate,
from
appropriate,
from
appropriate,
from
the
European
the
European
the
European
Asylum
Support
Asylum
Support
Asylum
Support
Office and the
Office
and
the
Office and the
UNHCR, as to the
UNHCR, as to the
UNHCR, as to the
general
situation
general
situation
general
situation
prevailing in the
prevailing in the
prevailing in the
countries of origin
countries of origin
countries of origin
of
the
persons
of
the
persons
of
the
persons
concerned; and
concerned; and
concerned; and
(b)
where information
(b)
where information
(b)
where information Identical.
on
an individual
on
an individual
on
an individual
case is collected
case is collected
case is collected
for the purposes of
for the purposes of
for the purposes of
reconsidering
the
reconsidering
the
reconsidering
the
international
international
international
protection
protection status, it
protection
refugee status, it is
is
not
obtained
refugee status, it is
not obtained from
from the actor(s) of
not obtained from
the
actor(s)
of
persecution
or
the
actor(s)
of
persecution
or
serious harm in a
persecution
or
serious harm in
manner that would
serious harm in
a
manner
that
result
in
such
a
manner
that
would
result
in
actor(s)
being
would
result
in
such actor(s) being
directly
informed
such actor(s) being
directly
informed
of the fact that the
directly
informed
of the fact that the
person concerned
of the fact that the
person concerned
is a beneficiary of
person concerned
is a beneficiary
international
is a beneficiary
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of
international
protection
whose
of
international
protection
status
is
under
protection
refugee
whose
reconsideration,
refugee
whose
status
is
under
nor jeopardise the
status
is
under
reconsideration,
physical
integrity
reconsideration,
nor jeopardise the
of the person and
nor jeopardise the
physical
integrity
his/her dependants,
physical
integrity
of the person and
or the liberty and
of the person and
his/her dependants,
security of his/her
his/her dependants,
or the liberty and
family
members
or the liberty and
security of his/her
still living in the
security of his/her
family
members
country of origin.
family
members
still living in the
still living in the
country of origin.
country of origin.
2.
Member
States
shall 2.
Member
States
shall 2.
Member
States
shall Identical.
ensure that the decision
ensure that the decision
ensure that the decision
of
the
competent
of
the
competent
of
the
competent
authority to withdraw the
authority to withdraw the
authority to withdraw the
international
international
protection
international
protection
refugee
status is given in writing.
protection
refugee
status is given in writing.
The reasons in fact and
status is given in writing.
The reasons in fact and
in law shall be stated in
The reasons in fact and
in law shall be stated in
the
decision
and
in law shall be stated in
the
decision
and
information on how to
the
decision
and
information on how to
challenge the decision
information on how to
challenge the decision
shall be given in writing.
challenge the decision
shall be given in writing.
shall be given in writing.
3.
Once
the
competent 3.
Once
the
competent 3.
Once
the
competent Identical.
authority has taken the
authority has taken the
authority has taken the
decision to withdraw the
decision to withdraw the
decision to withdraw the
international
international
protection
international
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protection
refugee
status, Article 20, Article
protection
refugee
status,
Article 20
15,
22, Article 23(1) and
status,
Article 20
15,
paragraph 2,
Article
Article 29 are equally
paragraph 2,
Article
22 , Article 23(1) 16,
applicable.
22 , Article 23(1) 16,
paragraph 1 and Article
paragraph 1 and Article
29
21
are
equally
29
21
are
equally
applicable.
applicable.
4.
By
derogation
to 4.
By
derogation
to 4.
By
derogation
to Identical.
paragraphs 1, 2 and 3 of
paragraphs 1, 2 and 3 of
paragraphs 1, 2 and 3 of
this
Article,
Member
this
Article,
Member
this
Article,
Member
States may decide that
States may decide that
States may decide that
the
international
the
international
the
international
protection
refugee
protection
status shall
protection
refugee
status shall lapse by law
lapse by law if the
[…] shall lapse by
in case of cessation in
beneficiary
of
law in case of cessation
accordance
with
international
protection
in
accordance
with
Article 11(1)(a) to (d) of
has
unequivocally
Article 11(1)(a) to (d) of
Directive 2004/83/EC or
renounced
his/her
Directive 2004/83/EC or
if the beneficiary of
recognition
as
a
if the beneficiary of
international
beneficiary
of
international
protection refugee has
international
protection.
protection refugee has
unequivocally renounced
Member States may also
unequivocally renounced
his/her recognition as a
provide
that
the
his/her recognition as a
beneficiary
of
international
protection
beneficiary
of
international
status shall lapse by law
international
protection
refugee.
where the beneficiary of
protection
refugee.
Member States may
international
protection
Member States may
also provide that the
has become a citizen of
also provide that the
international
protection
that Member State.
international
protection
status shall lapse by law
status shall lapse by law
where the beneficiary of
where the beneficiary of
international
protection
international
protection
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has become a citizen of
has become a citizen of
that Member State.
that Member State.
CHAPTER V
CHAPTER V
CHAPTER V
APPEALS PROCEDURES
APPEALS PROCEDURES
APPEALS PROCEDURES
Article 46 39
Article 46
Article 46 39
The right to an effective remedy The right to an effective remedy The right to an effective remedy Pending.
1.
Member
States
shall 1.
Member
States
shall 1.
Member
States
shall Identical.
ensure that applicants for
ensure that applicants for
ensure that applicants for
international
international
protection
international
protection
asylum
have the right to an
protection
asylum
have the right to an
effective remedy before
have the right to an
effective remedy before
a
court
or
tribunal,
effective remedy before
a
court
or
tribunal,
against the following:
a
court
or
tribunal,
against the following:
against the following:
(a)
a decision taken on
(a)
a decision taken on
(a)
a decision taken on Identical.
their
application
their
application
their
application
for international
for international
for international
protection
,
protection,
protection
,
including
a
including
a
including
a
decision:
decision:
decision:
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(i)
to
consider
(i)
to
consider (i)
to
consider
an
Identical.
an
an
application unfounded
application
application
in relation to refugee
unfounded in
unfounded in
status
and/or
relation
to
relation
to
subsidiary
protection
refugee
refugee
status,
status and/or
status and/or
subsidiary
subsidiary
protection
protection
status,
status,
(ii i) to
consider
(ii)
to
consider
(ii i) to
consider Identical.
an
an
an
application
application
application
inadmissible
inadmissible
inadmissible
pursuant
to
pursuant
to
pursuant
to
Article 33 25
Article 33(2),
Article 33 25
(2),
(2),
(iii ii) taken at the
(iii) taken at the
(iii ii) taken at the Identical.
border or in
border or in
border or in
the
transit
the
transit
the
transit
zones of a
zones of a
zones of a
Member
Member
Member
State
as
State
as
State
as
described in
described in
described in
Article 43(1)
Article 43(1),
Article 43(1)
35(1),
35(1) ;
[…]
(iv) not
to
(iv) not
to Pending.
conduct
an
conduct
an
examination
examination
Related to Article 39.
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pursuant
to
pursuant
to
Article 38;
Article 39.
(iii) not
to
(iii) not
to
conduct
an
conduct
an
examination
examination
pursuant
to
pursuant
to
Article 36;
Article 36;
(b)
a refusal to re-open
(b)
a refusal to re-open
(b)
a refusal to re-open Identical.
the examination of
the examination of
the examination of
an application after
an application after
an application after
its
discontinuation
its
discontinuation
its
discontinuation
pursuant
to
pursuant
to
pursuant
to
Articles 27 and 28
Articles 27 and 28;
Articles 27 and 28
19 and 20;
19 and 20;
(c)
a decision not to
(c)
a decision not to
further examine the
further examine the
subsequent
subsequent
application
application
pursuant
to
pursuant
to
Articles 32 and 34;
Articles 32 and 34;
(d)
a decision refusing
(d)
a decision refusing
entry within the
entry within the
framework of the
framework of the
procedures
procedures
provided for under
provided for under
Article 35(2);
Article 35(2);
(c e) a
decision
to
(c)
a
decision
to
(ce) a
decision
to Identical.
withdraw
withdraw
withdraw
international
international
international
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protection
protection
status
protection
refugee
status
pursuant
to
refugee
status
pursuant
to
Article 45.
pursuant
to
Article 45 38.
Article 45 38.
2.
Member
States
shall 2.
Member
States
shall 2.
Member
States
shall Identical.
ensure
that
persons
ensure
that
persons
ensure
that
persons
recognised
by
the
recognised
by
the
recognised
by
the
determining authority as
determining authority as
determining authority as
eligible
for
subsidiary
eligible
for
subsidiary
eligible
for
subsidiary
protection have the right
protection have the right
protection have the right
to an effective remedy as
to an effective remedy as
to an effective remedy as
referred to in paragraph
referred to in paragraph
referred to in paragraph
1 against a decision to
1 against a decision to
1 against a decision to
consider an application
consider an application
consider an application
unfounded in relation to
unfounded in relation to
unfounded in relation to
refugee status.
refugee status.
refugee status.
Without prejudice to Agreed to take Council text. See
paragraph 1(c) of this shadow meeting of 8.11.2012,
Article,
where
the note for the shadows, page 4.
subsidiary
protection
status
granted
by
a
Member State offers the
same rights and benefits
as those offered by the
refugee
status
under
Union and national law,
that Member State may
consider
an
appeal
against
the
decision
referred
to
in
subparagraph 1 of this
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paragraph
inadmissible
on
the
basis
of
insufficient interest on
the part of the applicant
in
maintaining
the
proceedings.
The person concerned
The person concerned
[…]
Pending.
shall be entitled to the
shall be entitled to the
rights
and
benefits
rights
and
benefits
guaranteed
to
guaranteed
to
beneficiaries
of
beneficiaries
of
subsidiary
protection
subsidiary
protection
pursuant
to
Directive
pursuant
to
Directive
[…/…/EU]
[the
[…/…/EU]
[the
Qualification
Directive]
Qualification
Directive]
pending the outcome of
pending the outcome of
the appeal procedures.
the appeal procedures.
3.
Member
States
shall 3.
Member
States
shall 3.
In order to comply Pending.
ensure that the effective
ensure that the effective
with
paragraph
1,
remedy referred to in
remedy referred to in
Member
States
shall
paragraph 1 provides for
paragraph 1 provides for
ensure
that
an
a full examination of
a full examination of
[…]
effective
both facts and points of
both facts and points of
remedy
[…]
law, including an
ex
law, including an ex
provides for a full and
nunc examination of the
nunc
examination of the
ex nunc examination
international
protection
international
protection
of both facts and points
needs
pursuant
to
needs
pursuant
to
of law, including ,
Directive
[…/…/EU]
Directive
[…/…/EU]
where applicable, an
[the
Qualification
[the
Qualification
[…]
examination
Directive], at least in
Directive], at least in
of
the
international
appeal procedures before
appeal procedures before
protection
needs
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a court or tribunal of first
a court or tribunal of first
pursuant
to
Directive
instance.
instance.
[…/…/EU]
[the
Qualification Directive],
at
least
in
appeal
procedures before a court
or
tribunal
of
first
instance.
4. 2.
Member
States
shall 4.
Member
States
shall 4.2.
Member
States
shall
Openness to Council text in a
provide
for
provide for
minimum
provide
for
context of a global agreement.
reasonable
time
time limits and other
reasonable
time
limits
and
other
necessary rules for the
limits
and
other
Political red line.
necessary rules for the
applicant
to
exercise
necessary rules for the
applicant
to
exercise
his/her
right
to
an
applicant
to
exercise
his/her
right
to
an
effective
remedy
his/her
right
to
an
effective
remedy
pursuant to paragraph 1.
effective
remedy
pursuant to paragraph 1.
pursuant to paragraph 1.
The
Member
States
Openness to Council text in a
shall set a minimum
context of a global agreement.
time limit of 45 working
days
during
which
Political red line.
applicants may exercise
their
right
to
an
effective remedy. For
applicants under the
accelerated procedure
referred to in Article
31(6),
the
Member
States shall lay down a
minimum time limit of
thirty working days.
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The time limits shall not
The time limits shall not
The time limits shall not Identical.
render
impossible
or
render
impossible
or
render
impossible
or
excessively difficult the
excessively difficult the
excessively difficult the
access of applicants to an
access of applicants to an
access of applicants to an
effective
remedy
effective
remedy
effective
remedy
pursuant to paragraph 1.
pursuant to paragraph 1.
pursuant to paragraph 1.
Member States may also
Member States may also
Member States may also Identical.
provide for an
ex officio
provide for an ex officio
provide for an
ex officio
review of decisions taken
review of decisions taken
review of decisions taken
pursuant to Article 43.
pursuant to Article 43.
pursuant to Article 43.
3.
Member
States
shall,
3.
Member
States
shall,
where
appropriate,
where
appropriate,
provide
for
rules
in
provide
for
rules
in
accordance with their
accordance with their
international
obligations
international
obligations
dealing with:
dealing with:
(a)
the
question
of
(a)
the
question
of
whether
the
whether
the
remedy pursuant to
remedy pursuant to
paragraph 1
shall
paragraph 1
shall
have the effect of
have the effect of
allowing applicants
allowing applicants
to remain in the
to remain in the
Member
State
Member
State
concerned pending
concerned pending
its outcome;
its outcome;
(b)
the possibility of
(b)
the possibility of
legal remedy or
legal remedy or
protective
protective
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measures
where
measures
where
the
remedy
the
remedy
pursuant
to
pursuant
to
paragraph 1
does
paragraph 1
does
not have the effect
not have the effect
of
allowing
of
allowing
applicants
to
applicants
to
remain
in
the
remain
in
the
Member
State
Member
State
concerned pending
concerned pending
its
outcome.
its
outcome.
Member
States
Member
States
may also provide
may also provide
for an ex officio
for an ex officio
remedy; and
remedy; and
(c)
the
grounds
for
(c)
the
grounds
for
challenging
a
challenging
a
decision
under
decision
under
Article 25(2)(c) in
Article 25(2)(c) in
accordance
with
accordance
with
the
methodology
the
methodology
applied
under
applied
under
Article 27(2)(b)
Article 27(2)(b)
and (c).
and (c).
5.
Without
prejudice
to 5.
Without
prejudice
to 5.
Without
prejudice
to Identical.
paragraph 6, Member
paragraph 6, Member
paragraph 6, Member
States
shall
allow
States
shall
allow
States
shall
allow
applicants to remain in
applicants to remain in
applicants to remain in
the territory until the
the territory until the
the territory until the
time limit within which
time limit within which
time limit within which
to exercise their right to
to exercise their right to
to exercise their right to
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an effective remedy has
an effective remedy has
an effective remedy has
expired or, when this
expired or, when this
expired or, when this
right has been exercised
right has been exercised
right has been exercised
within the time limit,
within the time limit,
within the time limit,
pending the outcome of
pending the outcome of
pending the outcome of
the remedy.
the remedy.
the remedy.
6.
In the case of a decision 6.
In the case of a decision 6.
In the case of a decision
Pending
to
consider
an
to
consider
an
application
unfounded
application
unfounded
where
any
of
the
where
any
of
the
circumstances listed in
circumstances listed in
Article 31(6)(a) to (g)
Article 31(6)(a) to (g)
apply or of a decision to
apply or of a decision to
consider an application
consider an application
inadmissible pursuant to
inadmissible pursuant to
Article 33(2)(a) or (d),
Article 33(2)(a) or (d),
and where, in such cases,
and where, in such cases,
the right to remain in the
the right to remain in the
Member State pending
Member State pending
the
outcome
of
the
the
outcome
of
the
remedy is not foreseen
remedy is not foreseen
under
national
under
national
legislation, a court or
legislation, a court or
tribunal shall have the
tribunal shall have the
power to rule whether or
power to rule whether or
not the applicant may
not the applicant may
remain on the territory of
remain on the territory of
the Member State, either
the Member State, either
upon
request of the
upon
request of the
concerned applicant or
concerned applicant or
acting on its own motion.
acting on its own motion.
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(a) to consider an
application
manifestly
unfounded
in
accordance
with
Article 32(2) or
unfounded after
examination
in
accordance with
[…] Article
31(6) , except
for cases where
these decisions are
based
on
the
circumstances
referred
to
in
Article
31(6)
(f1) […] ;
(b) […]
to
consider
an
application
inadmissible
pursuant to Article
33(2)(a)
(b)
or (d) ;
(c) to reject reopening
Political red line.
of the applicant's
case that has been
Related to EP compromise
discontinued
proposal on Article 28(1)(b).
according
to
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Article 28;
(d) not to examine or
Political red line.
not
to
examine
fully
the
Related to EP compromise
application
proposal on Article 39.
pursuant to Article
39,
if the decision aims to
end the applicant's right
to remain in the Member
State and where, in
such cases, the right to
remain in the Member
State
pending
the
outcome of the remedy is
not
foreseen
under
national
legislation,
a
court or tribunal shall
have the power to rule
whether
or
not
the
applicant may remain on
the
territory
of
the
Member
State,
either
upon
request of the
concerned applicant or
acting on its own motion.
This paragraph shall not
This paragraph shall not 7. Paragraph 6 Pending
apply
to
procedures
apply
to
procedures
[…]
shall
referred to in Article 43.
referred to in Article 43.
[…]
only
Political red line.
apply
to
procedures
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referred to in Article 43
[…]
provided
that:
a)
the applicant has the
necessary interpretation
, […] legal
assistance and at least
one week to prepare
the
request
and
submit
[…]
to the court or tribunal
the arguments in favour
of granting him/her the
right to remain on the
territory
pending
the
outcome of the remedy;
b)
[…] […]
in
the framework of of the
examination
of
the
request referred to in
Paragraph 6, the court or
tribunal
examines
the
negative decision of the
determining authority in
terms
of
fact
and
law. .
If
the
conditions
referred to in points (a)
and (b) are not met
paragraph 5 applies
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7.
Member
States
shall 7.
Member
States
shall 8 […] .
Member
Agreed to take Council text. See
allow the applicant to
allow the applicant to
States shall allow the shadow meeting of 8.11.2012,
remain in the territory
remain in the territory
applicant to remain in note for the shadows, page 4.
pending the outcome of
pending the outcome of
the territory pending the
the procedure to rule
the procedure to rule
outcome
of
the
whether
or
not
the
whether
or
not
the
procedure
to
rule
applicant may remain on
applicant may remain on
whether
or
not
the
the territory, laid down
the territory, laid down
applicant may remain on
in paragraph 6.
in paragraph 6.
the territory, laid down
[…] paragraphs
An exception may be
6 and 7 .
made for subsequent
applications which do
not lead to a further
examination pursuant to
Article 40(5), if a return
decision
pursuant to
Article 3(4) of Directive
2008/115/EC has been
taken, and for decisions
in
the
procedure
pursuant to Article 39 if
this is provided for in
national
legislation.
[Am. 117]
8.
Paragraphs 5, 6 and 7 8.
Paragraphs 5, 6 and 7 […]
Pending (Dublin issue).
shall
be
without
shall
be
without
prejudice to Article 26 of
prejudice to Article 26 of
Regulation
(EU)
No
Regulation
(EU)
No
[…/…]
[the
Dublin
[…/…]
[the
Dublin
Regulation].
Regulation].
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9. 4.
Member States may lay 9.
Member States may lay 9.4.
Member States may lay Identical.
down time-limits for the
down time-limits for the
down time-limits for the
court or tribunal pursuant
court or tribunal pursuant
court or tribunal pursuant
to
paragraph 1
to
to
paragraph 1
to
to
paragraph 1
to
examine the decision of
examine the decision of
examine the decision of
the
determining
the
determining
the
determining
authority.
authority.
authority.
5.
Where an applicant has
5.
Where an applicant has
been granted a status
been granted a status
which offers the same
which offers the same
rights and benefits under
rights and benefits under
national and Community
national and Community
law as the refugee status
law as the refugee status
by
virtue
of
by
virtue
of
Directive 2004/83/EC
,
Directive 2004/83/EC
,
the applicant may be
the applicant may be
considered as having an
considered as having an
effective remedy where a
effective remedy where a
court or tribunal decides
court or tribunal decides
that the remedy pursuant
that the remedy pursuant
to
paragraph 1
is
to
paragraph 1
is
inadmissible or unlikely
inadmissible or unlikely
to succeed on the basis
to succeed on the basis
of insufficient interest on
of insufficient interest on
the part of the applicant
the part of the applicant
in
maintaining
the
in
maintaining
the
proceedings.
proceedings.
10.
Where an applicant has
Agreed to take Council text
been granted a status
(deletion). See shadow meeting of
which offers the same
8.11.2012, note for the shadows,
rights and benefits under
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national and Union law
page 4.
as the refugee status by
virtue
of
Directive
[…/.../EU]
[the
Qualification Directive],
the applicant may be
considered as having an
effective remedy where a
court or tribunal decides
that the remedy pursuant
to
paragraph
1
is
inadmissible or unlikely
to succeed on the basis
of insufficient interest on
the part of the applicant
in
maintaining
the
proceedings.
10. 6.
Member States may also 11
.
Member States may also 10.6.
Member States may also Identical.
lay down in national
lay down in national
lay down in national
legislation the conditions
legislation the conditions
legislation the conditions
under which it can be
under which it can be
under which it can be
assumed
that
an
assumed
that
an
assumed
that
an
applicant has implicitly
applicant has implicitly
applicant has implicitly
withdrawn or abandoned
withdrawn or abandoned
withdrawn or abandoned
his/her remedy pursuant
his/her remedy pursuant
his/her remedy pursuant
to paragraph 1, together
to paragraph 1, together
to paragraph 1, together
with the rules on the
with the rules on the
with the rules on the
procedure
to
be
procedure
to
be
procedure
to
be
followed.
followed.
followed.
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CHAPTER VI
CHAPTER VI
CHAPTER VI
GENERAL AND FINAL
GENERAL AND FINAL
GENERAL AND FINAL
PROVISIONS
PROVISIONS
PROVISIONS
Article 47 40
Article 47
Article 47 40
Challenge by public authorities
Challenge by public authorities
Challenge by public authorities
This Directive does not affect the This Directive does not affect the This Directive does not affect the Identical.
possibility for public authorities possibility for public authorities possibility for public authorities
of challenging the administrative of challenging the administrative of challenging the administrative
and/or
judicial
decisions
as and/or
judicial
decisions
as and/or
judicial
decisions
as
provided
for
in
national provided
for
in
national provided
for
in
national
legislation.
legislation.
legislation.
Article 48 41
Article 48
Article 48 41
Confidentiality
Confidentiality
Confidentiality
Member States shall ensure that Member States shall ensure that Member States shall ensure that Identical.
authorities
implementing
this authorities
implementing
this authorities
implementing
this
Directive are bound by the Directive are bound by the Directive are bound by the
confidentiality
principle
as confidentiality
principle
as confidentiality
principle
as
defined
in
national
law,
in defined
in
national
law,
in defined
in
national
law,
in
relation to any information they relation to any information they relation to any information they
obtain in the course of their work. obtain in the course of their work. obtain in the course of their work.
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Article 49
Article 49
Article 49
Article 49
Cooperation
Cooperation
Cooperation
Cooperation
Member States shall each appoint Member States shall each appoint Member States shall each appoint Identical.
a national contact point and a national contact point and a national contact point and
communicate its address to the communicate its address to the communicate its address to the
Commission.
The
Commission Commission.
The
Commission Commission.
The
Commission
shall
communicate
that shall
communicate
that shall
communicate
that
information to the other Member information to the other Member information to the other Member
States.
States.
States.
Member States shall, in liaison Member States shall, in liaison Member States shall, in liaison Identical.
with the Commission, take all with the Commission, take all with the Commission, take all
appropriate measures to establish appropriate measures to establish appropriate measures to establish
direct
cooperation
and
an direct
cooperation
and
an direct
cooperation
and
an
exchange of information between exchange of information between exchange of information between
the competent authorities.
the competent authorities.
the competent authorities.
Pending.
EP compromise suggestion:
Related to Articles 6(5), 14(1),
second
subparagraph
and
31(3)(b) and Recital 28a.
"When resorting to the measures
referred to in Articles 6(5), 14(1),
second
subparagraph
and
31(3)(b), Member States shall
inform the Commission. Member
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States shall also inform the
Commission as soon as the
reasons
for
applying these
exceptional
measures
have
ceased to exist."
Article 50 42
Article 50
Article 50 42
Report
Report
Report
No later than 1 December 2009 No
later
than........,
the No later than 1 December 2009 Agreed to take COM/Council
.........
1 , the Commission Commission shall report to the .........
2 , the Commission text. See shadow meeting of
shall report to the European European Parliament and the shall report to the European 8.11.2012, note for the shadows,
Parliament and the Council on the Council on the application
and Parliament and the Council on the page 4.
application of this Directive in the
the
financial
cost
of
this application of this Directive in the
Member States and shall propose Directive in the Member States Member States and shall propose The EP amendment "two years" is
any
amendments
that
are and
shall
propose
any any
amendments
that
are still pending.
necessary. Member States shall amendments that are necessary. necessary. Member States shall
send the Commission all the Member States shall send the send the Commission all the
Political red line. information that is appropriate for Commission all the information information that is appropriate for
drawing up this report. After
and financial data that is drawing up this report. After
presenting
the
report,
the appropriate for drawing up this presenting
the
report,
the
Commission shall report to the report.
After
presenting
the Commission shall report to the
European Parliament and the report,
the
Commission shall European Parliament and the
Council on the application of this report to the European Parliament Council on the application of this
Directive in the Member States at and the Council on the application Directive in the Member States at
least every five two years.
of this Directive in the Member least every five two years.
States at least every
two years.
1
Four years after the date of adoption of this Directive.
2
[…] 48 months from the date of publication in the Official Journal of the European Union .
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Article 51 43
Article 51
Article 51 43
Transposition
Transposition
Transposition
1.
Member
States
shall 1.
Member
States
shall 1.
Member
States
shall Agreed to take Council text. See
bring into force the laws,
bring into force the laws,
bring into force the laws, shadow meeting of 8.11.2012,
regulations
and
regulations
and
regulations
and note for the shadows, page 4.
administrative provisions
administrative provisions
administrative provisions
necessary to comply with
necessary to comply with
necessary to comply with
this
Directive
by
1
Articles
[…]
[the
this
Directive
by
1
December
2007
Articles that have been
December
2007
Articles […] [the
changed
as
to
the
Articles […] [the
Articles that have been
substance by comparison
Articles that have been
changed
as
to
the
with
the
earlier
changed
as
to
the
substance by comparison
Directive] by […] at the
substance by comparison
with
the
earlier
latest.
They
shall
with
the
earlier
Directive] by […] at the
forthwith
communicate
Directive] by […]
1at the
latest .
Concerning
to the Commission the
latest .
Concerning
Article 15,
Member
text of those provisions
Article 15,
Member
States shall bring into
and a correlation table
States shall bring into
force
the
laws,
between those provisions
force
the
laws,
regulations
and
and this Directive.
regulations
and
administrative provisions
administrative provisions
necessary to comply with
necessary to comply with
this
Directive
by
1
this
Directive
by
1
December 2008. They
December 2008. They
shall
forthwith
shall
forthwith
communicate to
communicate to
inform the Commission
inform the Commission
1
24 months from the date of publication in the Official Journal of the European Union.
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thereof the text of
thereof the text of
those provisions and a
those
provisions
correlation table between
[…] .
those provisions and this
Directive .
2.
Member
States
shall 2.
Member
States
shall 2.
Member
States
shall Pending.
bring into force the laws,
bring into force the laws,
bring into force the laws,
regulations
and
regulations
and
regulations
and
Political red line.
administrative provisions
administrative provisions
administrative provisions
necessary to comply with
necessary to comply with
necessary to comply with
Article 31(3) by [
3 years
Article 31(3) by
[2 years
Article
31(
2
from the date of the
from the date of the
and 3 […] )
transposition deadline].
transposition
deadline].
by [
3 years from the date
They
shall
forthwith
They
shall
forthwith
of
the
transposition
communicate
to
the
communicate
to
the
deadline]. They shall
Commission the text of
Commission the text of
forthwith
communicate
those provisions and a
those provisions and a
to the Commission the
correlation table between
correlation table between
text of those provisions
those provisions and this
those provisions and this
[…] .
Directive.
Directive.
3.
When Member States 3.
When Member States 3.
When Member States Identical.
adopt the those
adopt
the
provisions
adopt the those
provisions referred to
referred to in paragraphs
provisions referred to
in paragraphs 1 and
1 and 2, they shall
in paragraphs 1 and
2 , they shall contain
contain a reference to
2 , they shall contain
a
reference
to
this
this
Directive
or be
a
reference
to
this
Directive or shall be
accompanied by such a
Directive or shall be
accompanied by such a
reference on the occasion
accompanied by such a
reference on the occasion
of
their
official
reference on the occasion
of
their
official
publication.
Member
of
their
official
publication. Member
States shall determine
publication. Member
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States shall determine
how such reference is to
States shall determine
how such reference is to
be made. They shall also
how such reference is to
be
made.
The
include a statement that
be
made.
The
methods of making such
references
in
existing
methods of making such
reference shall be laid
laws,
regulations
and
reference shall be laid
down by Member States.
administrative provisions
down by Member States.
They
shall
also
to the directive repealed
They
shall
also
include a statement that
by this Directive shall be
include a statement that
references
in
existing
construed as references
references
in
existing
laws,
regulations
and
to
this
Directive.
laws,
regulations
and
administrative provisions
Member
States
shall
administrative provisions
to the directive repealed
determine
how
such
to the directive repealed
by this Directive shall be
reference is to be made
by this Directive shall be
construed as references
and how that statement is
construed as references
to
this
Directive.
to be formulated.
to
this
Directive.
Member
States
shall
Member
States
shall
determine
how
such
determine
how
such
reference is to be made
reference is to be made
and how that statement is
and how that statement is
to be formulated.
to be formulated.
4.
Member
States
shall 4.
Member
States
shall 4.
Member
States
shall Agreed to take Council text. See
communicate
to
the
communicate
to
the
communicate
to
the shadow meeting of 8.11.2012,
Commission the text of
Commission the text of
Commission the text of note for the shadows, page 4.
the
main
the main provisions of
the
main
provisions
of
national
national law which they
provisions
of
national
law which they adopt in
adopt
in
the
field
law which they adopt in
the field covered by this
covered by this Directive
the field covered by this
Directive
and
a
and a correlation table
Directive […] .
correlation table between
between those provisions
those provisions and this
and this Directive.
Directive .
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Article 52 44
Article 52
Article 52 44
Transitional provisions
Transitional provisions
Transitional provisions
Member States shall apply the Member States shall apply the Member States shall apply the Identical.
laws,
regulations
and laws,
regulations
and laws,
regulations
and
administrative
provisions administrative provisions referred administrative
provisions
referred to set out in to in Article 51(1) to applications referred to set out in
Article 51(1) 43 to applications for international protection lodged Article 51(1) 43 to applications
for international protection after […] and to procedures for for international protection
asylum lodged after […] 1 the withdrawal of international asylum lodged after […]
11
December 2007 and to procedures protection started after […]. December 2007 and to procedures
for
the
withdrawal
of Applications
submitted
before for
the
withdrawal
of
international
protection […] and procedures for the international
protection
refugee
status
started
after withdrawal of refugee status refugee
status
started
after
[…] 1 December 2007. initiated before […] shal be […]
2 1 December 2007.
Applications submitted before governed by the laws, regulations Applications submitted before
[…] and procedures for the and
administrative
provisions […]
3 and procedures for the
withdrawal of refugee status adopted pursuant to Directive withdrawal of refugee status
initiated before […] shall be 2005/85/EC.
initiated before […]
4 shall be
governed by the laws, regulations
governed by the laws, regulations
and
administrative
provisions
and
administrative
provisions
adopted pursuant to Directive
adopted pursuant to Directive
2005/85/EC.
2005/85/EC.
Member States shall apply the Member States shall apply the Member States shall apply the Identical.
1
24 months from the date of publication in the Official Journal of the European Union.
2
24 months from the date of publication in the Official Journal of the European Union.
3
24 months from the date of publication in the Official Journal of the European Union.
4
24 months from the date of publication in the Official Journal of the European Union.
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laws,
regulations
and laws,
regulations
and laws,
regulations
and
administrative provisions referred administrative provisions referred administrative provisions referred
to in Article 51(2) to applications to in Article 51(2) to applications to in Article 51(2) to applications
for international protection lodged for international protection lodged for international protection lodged
after […]. Applications submitted after […]. Applications submitted after
[…]
1.
Applications
before […] shall be governed by before […] shal be governed by submitted before […]
2 shall be
the
laws,
regulations
and the
laws,
regulations
and governed by the laws, regulations
administrative
provisions
in administrative
provisions
in and administrative provisions in
accordance
with
Directive accordance
with
Directive accordance
with
Directive
2005/85/EC.
2005/85/EC.
2005/85/EC.
Article 53
Article 53
Article 53
Repeal
Repeal
Repeal
Directive 2005/85/EC
is repealed Directive 2005/85/EC is repealed Directive 2005/85/EC
is repealed Identical.
for the Member States bound by for the Member States bound by for the Member States bound by
this Directive with effect from this Directive with effect from this Directive with effect from
[day after the date set out in [day after the date set out in [day after the date set out in
Article 51(1) of this Directive], Article 51(1) of this Directive], Article 51(1) of this Directive],
without
prejudice
to
the without
prejudice
to
the without
prejudice
to
the
obligations of the Member States obligations of the Member States obligations of the Member States
relating to the time-limit for relating to the time-limit for relating to the time-limit for
transposition into national law of transposition into national law of transposition into national law of
the Directive set out in Annex II, the Directive set out in Annex II, the Directive set out in Annex II,
Part B.
Part B.
Part B.
References
to
the
repealed References
to
the
repealed References
to
the
repealed Identical.
Directive shall be construed as Directive shall be construed as Directive shall be construed as
1
60 months from the date of publication in the Official Journal of the European Union.
2
60 months from the date of publication in the Official Journal of the European Union.
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references to this Directive and references to this Directive and references to this Directive and
shall be read in accordance with shall be read in accordance with shall be read in accordance with
the correlation table in Annex III.
the correlation table in Annex III. the correlation table in Annex III.
Article 54 45
Article 54
Article 54 45
Entry into force
Entry into force
Entry into force
This Directive shall enter into This Directive shall enter into This Directive shall enter into Identical.
force on the twentieth day force on the twentieth day force on the twentieth day
following that of its publication in following that of its publication in following that of its publication in
the
Official Journal of the the
Official Journal of the the
Official Journal of the
European Union.
European Union.
European Union.
Articles […] shal apply from Articles […] shal apply from Articles […] shal apply from Articles to be filled in.
[day after the date set out in [day after the date set out in [day after the date set out in
Article 51(1)].
Article 51(1)].
Article 51(1)].
Article 55 46
Article 55
Article 55 46
Addressees
Addressees
Addressees
This Directive is addressed to the This Directive is addressed to the This Directive is addressed to the Identical.
Member States in conformity Member States in accordance Member States in conformity
with the Treaty establishing the with the Treaties.
with the Treaty establishing the
European
Community
European
Community
accordance
with
the
accordance
with
the
Treaties .
Treaties .
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Done at Brussels,
Done at Brussels,
Done at Brussels,
For the European Parliament
For the European Pa F
rl o
i r
a t
m h
e e
n tCo
uncil
F or the European Parliament
The President
The President
The President The President
For the Council
For the Council
For the Council
The President
The President
The President The President
ANNEX I
ANNEX I
ANNEX I II
ANNEX I II
Pending.
Designation of safe countries of DELETED
Designation of safe countries of Pending.
origin for the purposes of Articles
origin for the purposes of Articles
29 and 30 37(1)
29 and 30 37(1)
Political red line.
A country is considered as a safe
A country is considered as a safe
country of origin where, on the
country of origin where, on the
basis of the legal situation, the
basis of the legal situation, the
application of the law within a
application of the law within a
democratic
system
and
the
democratic
system
and
the
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general political circumstances, it
general political circumstances, it
can be shown that there is
can be shown that there is
generally and consistently no
generally and consistently no
persecution as defined in Article 9
persecution as defined in Article 9
of Directive […/…/EU] [the
of Directive […/…/EU] [the
Qualification Directive] Directive
Qualification Directive] Directive
2004/83/EC,
no
torture
or
2004/83/EC,
no
torture
or
inhuman or degrading treatment
inhuman or degrading treatment
or punishment and no threat by
or punishment and no threat by
reason of indiscriminate violence
reason of indiscriminate violence
in situations of international or
in situations of international or
internal armed conflict.
internal armed conflict.
In
making
this
assessment,
In
making
this
assessment,
account shall be taken, inter alia,
account shall be taken, inter alia,
of the extent to which protection
of the extent to which protection
is provided against persecution or
is provided against persecution or
mistreatment by:
mistreatment by:
(a)
the relevant laws and
(a)
the relevant laws and
regulations
of
the
regulations
of
the
country and the manner
country and the manner
in
which
they
are
in
which
they
are
applied;
applied;
(b)
observance of the rights
(b)
observance of the rights
and freedoms laid down
and freedoms laid down
in
the
European
in
the
European
Convention
for
the
Convention
for
the
Protection
of
Human
Protection
of
Human
Rights and Fundamental
Rights and Fundamental
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Freedoms
and/or
the
Freedoms
and/or
the
International
Covenant
International
Covenant
for Civil and Political
for Civil and Political
Rights
and/or
the
Rights
and/or
the
Convention
against
Convention
against
Torture, in particular the
Torture, in particular the
rights
from
which
rights
from
which
derogation
cannot
be
derogation
cannot
be
made under Article 15(2)
made under Article 15(2)
of the said European
of the said European
Convention;
Convention;
(c
respect of the non-
(c)
respect
of
the
non-
refoulement
principle
refoulement
principle
according to the Geneva
according to the Geneva
Convention;
Convention;
(d)
provision for a system of
(d)
provision for a system of
effective
remedies
effective
remedies
against
violations
of
against
violations
of
these
rights
and
these
rights
and
freedoms.
freedoms.
ANNEX III
ANNEX III
______________
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