Proposal for a Council Directive laying down minimum standards on the reception of applicants for asylum in Member States
Date: 2001-04-03
Institutions: European Commission
Subjects: administrative formalities, aid to refugees, free movement of persons, political asylum, right of asylum

C 213 E/286

EN

Official Journal of the European Communities

31.7.2001

Proposal for a Council Directive laying down minimum standards on the reception of applicants
for asylum in Member States

(2001/C 213 E/19)

COM(2001) 181 final (cid:151) 2001/0091(CNS)

(Submitted by the Commission on 18 May 2001)

THE COUNCIL OF THE EUROPEAN UNION,

contents, aims to eliminate inequalities, and to promote
equality, between men and women.

Having regard to the Treaty establishing the European
Community, and in particular point
first
paragraph of Article 63 thereof,

(1)(b) of

the

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Whereas:

including a Common
(1) A common policy on asylum,
European Asylum System,
is a constituent part of the
European Union’s objective of progressively establishing
an area of freedom, security and justice open to those
who, forced by circumstances, legitimately seek protection
in the Community.

(2) The European Council, at its special meeting in Tampere
on 15 and 16 October 1999, agreed to work towards
establishing a Common European Asylum System, based
on the full and inclusive application of
the Geneva
Convention relating to the Status of Refugees of 28 July
1951, as supplemented by the New York Protocol of
31 January 1967,
thus maintaining the principle of
non-refoulement and ensuring that nobody is sent back
to persecution.

(3) The Tampere Conclusions provide

European Asylum System should include,
term, common minimum conditions of
applicants for asylum.

that a Common
in the short
reception of

(4) This Directive

rights

respects

fundamental

and
the
observes the principles recognised in particular by the
Charter of Fundamental Rights of the European Union.
In particular this Directive seeks to ensure full respect
for human dignity and right to asylum of applicants for
asylum and their accompanying family members, and to
the
promote the application of Articles 1 and 18 of
Charter of Fundamental Rights of the European Union.

(5) In accordance with Article 2 and Article 3(2) of

Treaty,

this Directive, as

regards

the
its objectives and

(6) Minimum standards for the reception of applicants for
asylum that will normally suffice to ensure them a
dignified standard of
living
conditions in all Member States should be laid down.

living and comparable

(7) The harmonisation of conditions for the reception of
applicants for asylum should help to limit the secondary
movements of applicants for asylum influenced by the
variety of conditions for their reception.

(8) The living conditions of applicants for asylum should in
all cases be dignified, but they should be improved when
applications are considered admissible and not manifestly
unfounded.

(9) The number and the quality of

reception conditions
should be increased in relation to long-lasting procedures
in so far the length of the procedure is not caused by
negative behaviour by applicants for asylum.

(10) Reception of groups with special needs
specifically designed to meet those needs.

should be

(11) Reception of applicants who are in detention should be
specifically designed to meet their needs in that situation.

(12) In order

to ensure compliance with the minimum
procedural guarantees consisting in the opportunity to
contact organisations or persons
legal
assistance, there should be effective access to such organi-
sations and persons wherever housing is given.

that provide

(13) Legal advisers or counsellors for applicants for asylum, the
United Nations High Commissioner for Refugees and the
relevant non-governmental organisations
should have
access to all places where applicants for asylum are
housed.

(14) The possibility of abuse of the reception system should be
restricted by laying down causes for the reduction or
withdrawal of
reception conditions for applicants for
asylum.

(15) The efficiency of national reception systems and coop-
eration among Member States in the field of reception
of applicants for asylum should be secured.

31.7.2001

EN

Official Journal of the European Communities

C 213 E/287

(16) The political and social perception of asylum-related issues
by public opinion in general and by local communities in
particular plays a major role in the quality of life that can
be
asylum. Harmonious
relationships between those communities and accom-
modation centres should therefore be promoted.

enjoyed by applicants

for

(17) It

is in the very nature of minimum standards that
Member States have the power to introduce or maintain
more favourable provisions for third country nationals
and stateless persons who ask for international protection
from a Member State.

(18) In this spirit, Member States are also invited to apply the
provisions of this Directive in connection with procedures
for deciding on applications for forms of protection other
than that emanating from the Geneva Convention for
third country nationals or stateless persons who are
found not to be refugees.

(19) The Member States should provide for penalties in the
event of infringement of the national provisions adopted
pursuant to this Directive.

(20) The implementation of this Directive should be evaluated

at regular intervals.

(21) In accordance with the principles of subsidiarity and
proportionality set out in Article 5 of the Treaty, the
the proposed action, namely to establish
objective of
minimum standards on the reception of applicants for
asylum in Member States, cannot be attained by the
Member States and, by reason of the scale and effects of
the proposed action can therefore only be achieved by the
Community. This Directive confines itself to the minimum
required to achieve that objective and does not go beyond
what is necessary for that purpose,

HAS ADOPTED THIS DIRECTIVE:

(b)

(c)

(cid:145)Application for asylum(cid:146) means a request by a third
country national or a stateless person for international
protection from a Member State which can be understood
to be on the grounds that that person is a refugee within
the meaning of Article 1(A) of the Geneva Convention.
Any application for international protection is presumed
to be an application for asylum unless a third country
national or a stateless person explicitly requests another
kind of protection that can be applied for separately;

(cid:145)Applicant(cid:146) or (cid:145)applicant for asylum(cid:146) means a third country
national or a stateless person who has made an application
for asylum in respect of which a final decision has not yet
been taken. A final decision is a decision in respect of
which all possible remedies under Council Directive
. . ./. . ./EC [on minimum standards on procedures
in
Member States
for granting and withdrawing refugee
status] (1) have been exhausted;

(d)

(cid:145)Family members(cid:146) means, in so far as the family already
existed in the country of origin, the following members of
the applicant’s family:

(i) the

spouse or unmarried partner

stable
relationship,
if the legislation of the Member State
where the application has been lodged or is being
examined treats unmarried couples in the same way
as married couples;

in a

(ii) the children of the couple referred to in point (i) or of
the applicant, on condition that they are unmarried
and dependent and without distinction according to
whether they were born in or out of wedlock or
adopted;

(iii) other members of the family if they are dependent on
the applicant or have undergone particularly traumatic
experiences or require special medical treatment;

CHAPTER I

(e)

SUBJECT MATTER, DEFINITIONS AND SCOPE

(cid:145)Accompanying
family
members of the applicant who are present in the same
Member State in relation to the application for asylum;

family members(cid:146) means

the

Article 1

Subject matter

The purpose of
standards on the reception of applicants
Member States.

this Directive is

to establish minimum
for asylum in

Article 2

Definitions

For the purposes of this Directive:

(a)

(cid:145)Geneva Convention(cid:146) means the Convention relating to the
status of refugees done at Geneva on 28 July 1951, as
supplemented by the New York Protocol of 31 January
1967;

(f)

(cid:145)Refugee(cid:146) means a person who fulfils the requirements of
Article 1(A) of the Geneva Convention;

(g)

(h)

(cid:145)Refugee status(cid:146) means the status granted by a Member
State to a person who is a refugee and is admitted as
such to the territory of that Member State;

(cid:145)accelerated procedure(cid:146),

(cid:145)Regular procedure(cid:146),
(cid:145)admissibility
procedure(cid:146) and (cid:145)appeal procedure(cid:146) mean the procedures
. . ./. . ./EC [on minimum
provided for by Directive
standards on procedures in Member States for granting
and withdrawing refugee status];

(1) COM(2000) 578 final.

(i)

(j)

(k)

(l)

C 213 E/288

EN

Official Journal of the European Communities

31.7.2001

(cid:145)Unaccompanied minors(cid:146) means persons below the age of
eighteen who arrive on the territory of the Member States
unaccompanied by an adult responsible for them whether
by law or by custom, and for as long as they are not
it
effectively taken into the care of
includes minors who are left unaccompanied after they
have entered the territory of Member States;

such a person;

Article 4

More favourable provisions

Member States may introduce or
retain more favourable
provisions in the field of reception conditions for applicants
for asylum in so far as they are compatible with this Directive.

(cid:145)Reception conditions(cid:146) means the full set of measures that
Member
asylum in
accordance with this Directive;

to applicants

States

grant

for

reception conditions(cid:146) mean the

(cid:145)Material
conditions
that
provided in kind, or as
vouchers, and a daily expenses allowance;

include housing,

reception
food and clothing,
in

financial allowances or

(cid:145)Detention(cid:146) means confinement of an applicant for asylum
by a Member State within a restricted area, such as
prisons, detention centres or airport transit zones, where
substantially
freedom of movement
the applicant’s
curtailed;

is

(m) (cid:145)Accommodation centre(cid:146) means any place used only for
collective housing of applicants for asylum and their
accompanying family members;

(n)

(cid:145)Detention centre(cid:146) means any place used for housing, in a
detention situation, applicants for asylum and their accom-
includes accommodation
panying family members;
it
centres where the applicants’
is
freedom of movement
restricted to the centres.

Article 3

Scope

1.
This Directive shall apply to all third country nationals
and stateless persons who make an application for asylum at
the border or on the territory of a Member State and to their
accompanying family members.

It shall also apply where examination of an application for
asylum takes place within the context of a procedure to
decide on the right of
to enter legally the
territory of a Member State.

the applicant

This Directive shall not apply in cases of requests for
2.
diplomatic or territorial asylum submitted to representations
of Member States.

3. Member States may decide to apply this Directive in
connection with procedures for deciding on applications for
kinds of protection other
than that emanating from the
Geneva Convention for third country nationals or stateless
persons who are found not to be refugees.

CHAPTER II

GENERAL PROVISIONS ON RECEPTION CONDITIONS

Article 5

Information

1. Member States shall inform applicants for asylum as well
as adult accompanying family members, immediately after they
have lodged their application, of benefits to which they are
entitled and of the obligations with which they must comply
relating to reception conditions.

Member States shall ensure that applicants are provided with
information about organisations or persons
that provide
specific legal assistance and organisations that might be able
to help them in relation to the available reception conditions,
including health care to which they are entitled.

2. Member States shall ensure that each adult accompanying
family member of an applicant is informed in private of the
right to make a separate application for asylum

3. Member States shall ensure that the information referred
to in paragraph 1 is in writing and, as far as possible, in a
language that the applicants understand.

Applicants shall be informed of

4.
language courses and
voluntary return schemes when they are available for them.

Article 6

Documentation

immediately after an
1. Member States shall ensure that,
application is lodged,
the applicant and each adult accom-
panying family member is provided with a document issued
in their own name certifying their status as an applicant for
asylum or as an adult
family member accompanying an
applicant for asylum. If the holder is free to move within all
or a part of the national territory, the document shall also
the
certify that
Member State in which the application has been lodged or is
being examined.
Information on the holder’s entitlement to
health and psychological care and position in relation to the
labour market may be included in the document.

legally in the territory of

the holder

is

2. Member States shall ensure that unaccompanied minors
are provided with a document equivalent to that referred to in
paragraph 1.

31.7.2001

EN

Official Journal of the European Communities

C 213 E/289

3. Member States shall ensure that the documents referred
to in paragraphs 1 and 2 are valid or renewed until a decision
on the application for asylum is notified. Member States shall
the
provide for the possibility of renewing the validity of
the
the appeal procedure if
document
for the duration of
applicant
lodges an appeal or an automatic review takes
place that suspends the negative decision or if the applicant
obtains a provisional ruling granting suspensive effect.

4. Member States may exclude the application of this Article
during the examination of an application within the context of
a procedure to decide on the right of the applicant to legally
enter the territory of a Member State.

5. Member States may provide applicants for asylum with a
travel document when serious humanitarian reasons arise that
require their presence in another State.

Article 7

Freedom of movement

6. Member States may require applicants who are free to
choose their place of residence to inform the relevant auth-
orities of
their current address and notify any change of
address to those authorities as soon as possible.

Article 8

Material reception conditions

Member States shall ensure that applicants and their accom-
panying family members are provided with material reception
conditions, in accordance with the provisions of Chapter III.

Article 9

Families

Member States shall take appropriate measures to maintain the
if
unity of
applicants
are
provided with housing by that Member State and applicants
so request.

the family as present within their
and their

accompanying family members

territory,

1. Member States shall grant applicants and their accom-
freedom of movement
panying family members individual
it under the
within their territory or in a specific area of
conditions set out in this Article.

Article 10

Health care

the sole reason that

2. Member States shall not hold applicants for asylum in
detention for
for
asylum need to be examined. However, Member States may
hold an applicant for asylum in detention for the purpose of
taking a decision in the cases described in Article [. . .] of
Directive . . ./. . ./EC [on minimum standards on procedures
in Member States for granting and withdrawing refugee status].

their applications

3. Member States may only limit the freedom of movement
of applicants and their accompanying family members to a
specific area of their national territory where it is necessary
for
to enable
applications for asylum to be processed swiftly.

implementing this Directive or

in order

4.
In cases referred to in paragraph 3 Member States shall
provide for the possibility for applicants for asylum and their
adult accompanying family members to receive temporary
permission to leave the area of the territory in which they
live for relevant personal, health and family reasons or for
reasons
their application.
Decisions on requests for temporary permission to leave shall
be taken individually, objectively and impartially and reasons
shall be given if they are negative.

relating to the examination of

Member States shall ensure that applicants for asylum and their
accompanying family members have access to health and
psychological care,
in accordance with the provisions of
Chapter IV.

Article 11

Medical screening

Member States may require medical screening for applicants.
Member States shall ensure that the competent bodies that
carry out the screening use methods that are safe and respect
human dignity.

Article 12

Schooling and education of minors

1. Member States
shall ensure that minor children of
applicants for asylum and applicants for asylum who are
minors have access to the education system under the same
conditions as nationals for so long as a deportation order
against them or their parents cannot actually be enforced.

The Member States may limit such access to the state education
system only.

5. Member States shall ensure that applicants have the right
to bring proceedings before a court against the limitations on
freedom of movement imposed in accordance with paragraph
3 and the decisions provided for by paragraph 4 and that they
have access to legal assistance which is free of charge when
applicants cannot afford it.

Minors shall be younger than the age of legal majority in the
Member State in which the application has been lodged or is
being examined. Member States shall not refuse continued
secondary education only by reason of the person concerned
having reached the age of majority.

C 213 E/290

EN

Official Journal of the European Communities

31.7.2001

Access to the education system shall not be postponed
2.
for more than 65 working days after the application has been
lodged by the minor or the minor’s parents.

CHAPTER III

MATERIAL RECEPTION CONDITIONS

3. Member States shall ensure that minors referred to in
paragraph 1 are offered language courses
if a lack of
knowledge of
that Member State makes
the language of
normal schooling impossible.

Article 13

Employment

1. Member States shall not
forbid applicants and their
accompanying family members to have access to the labour
market for more than six months after their application has
been lodged. Member States shall lay down the conditions for
the access to the labour market after such a period.

2.
Access to the labour market shall not be withdrawn for
the sole reason that an application has been rejected if an
appeal with suspensive effect has been lodged or a decision
has been obtained allowing the applicant to remain in the
Member State in which the application has been lodged or is
being examined for the time an appeal against a negative
decision is examined.

Access to the labour market may be excluded when
in

ascertained,

applicant

3.
negative behaviour of
accordance with Article 22.

the

is

Article 14

Vocational training

1. Member States shall not
forbid applicants and their
accompanying family members to have access to vocational
training for more than six months after their application has
been lodged. Member States shall lay down the conditions for
the access to vocational training after such a period.

2.
Access to vocational training shall not be withdrawn for
the sole reason that an application has been rejected if an
appeal with suspensive effect has been lodged or a decision
has been obtained allowing the applicant to remain in the
Member State in which the application has been lodged or is
being examined for the time an appeal against a negative
decision is examined.

Access to vocational

3.
negative behaviour of
accordance with Article 22.

training may be excluded when
in

ascertained,

applicant

is

the

Article 15

General rules

1. Member States
reception
conditions are available to applicants and their accompanying
family members:

shall ensure that material

(a) during the regular, admissibility and accelerated procedures
instance decision is

up to the moment a negative first
notified;

(b) during the appeal procedures, when an appeal against a
negative decision has suspensive effect, up to the moment
a negative decision on the appeal is notified;

(c) when they have obtained a decision allowing them to
remain at the border or on the territory of the Member
State in which the application has been lodged or is being
examined for the time their appeal against a negative
decision is examined.

shall make provisions on material
2. Member States
reception conditions to ensure a standard of living adequate
for the health and the well-being of applicants and their
accompanying family members as well as the protection of
their fundamental rights.

Member States shall ensure that that standard of living is met
in the specific situation of persons who have special needs, in
accordance with Article 23, as well as in relation to the
situation of persons who are in detention.

Member States shall ensure that this standard is determined
with regard to the length of the procedure.

3. Material reception conditions may be provided in kind, or
in the form of financial allowances or of vouchers.

4. Member States may reduce or withdraw material
reception conditions three months after applicants and their
accompanying family members have been allowed access to
the labour market. In these cases, as far as they are not finan-
cially independent, Member States shall grant
them a food
allowance and access to basic social care.

Article 16

Housing

Housing shall be granted in one or a combination of the

1.
following forms:

(a)

and their

in premises set up for the specific purpose of housing
applicants
family members
during the examination of an application within the
context of a procedure to decide on the right of
the
applicants to legally enter the territory of a Member State;

accompanying

31.7.2001

EN

Official Journal of the European Communities

C 213 E/291

(b) in accommodation centres;

(c)

in private houses, flats or hotels;

UNHCR and the relevant NGOs have access to all housing
facilities. Limits on such access may only be imposed on
grounds relating to the security of the facilities and of the
applicants.

(d) grant of a financial allowance or vouchers sufficient to

enable applicants to find independent housing.

2. Member States
shall ensure to applicants and their
accompanying family members provided with the housing
referred to in paragraphs 1(a), (b) and (c):

The housing referred to in paragraph 1(a)

shall be
8.
available
accompanying family
members when they must wait for 12 hours or more for a
decision on their right to enter the territory.

and their

applicants

for

(a) access to emergency health and psychological care and to

health care that cannot be postponed;

Article 17

Total amount of allowances or vouchers

(b) protection of their family life and privacy;

(c)

the possibility of communicating with the outside world,
including at least relatives, legal advisers and representatives
of the United Nations High Commissioner for Refugees
(UNHCR) and the relevant non-governmental organisations
(NGOs).

Member States shall ensure that applicants and their accom-
panying family members are protected from sexual assault
within the premises referred to in paragraphs 1(a) and (b).

shall ensure that minor children of
3. Member States
applicants or applicants who are minors are lodged with
their parents or with the adult family member responsible
for them whether by law or by custom. Minor children of
applicants or applicants who are minors, who have adult
family members responsible for them already living in the
Member State in which the application has been lodged or is
being examined shall be allowed to stay with their family
members, for the duration of their stay in the country.

4. Member States shall ensure that transfers of applicants
from one housing facility to another take place only when
necessary in relation to the examination of the application or
for security reasons. Member States shall provide for the possi-
bility for applicants to inform their legal advisers of the transfer
and of their new place of housing.

Persons working in accommodation centres

shall be
5.
specifically trained or have a specific background in relation
to the characteristics and the specific needs of applicants for
asylum and their accompanying family members. They shall be
bound by the confidentiality principle.

6. Member States may involve applicants in managing the
material resources and non-material aspects of life in the centre
through a representative advisory board or council which
should be gender balanced.

7. Member States shall ensure that legal advisers or coun-
sellors of applicants for asylum and the representatives of the

1. Member States shall ensure that the total amount of the
allowances or vouchers to cover material reception conditions
is sufficient to avoid applicants and their accompanying family
members falling into poverty.

In cases where applicants, being entitled to those allowances or
vouchers, are allowed to stay with relatives or friends, Member
States may nonetheless grant them 50 % of the allowances or
vouchers to which they are entitled pursuant to national law in
application of this Directive.

2. Member States may decide not to pay an allowance for
daily expenses, when applicants for asylum are in detention.

Article 18

Complaints

and

disputes

concerning

the material

reception conditions

Member States shall ensure that applicants and their accom-
panying family members have access to an independent office
that can hear complaints and resolve disputes concerning the
material reception conditions provided for by Articles 15, 16
and 17.

Article 19

Financial contribution

1. Member States may require applicants who can afford to
do so to contribute to the cost of their material reception
to provide material
conditions or
reception conditions not free of charge shall be taken indi-
vidually, objectively and impartially and reasons shall be given.

it. Decisions

to cover

2. Member States shall ensure that applicants have the right
to bring proceedings before a court against
the decisions
referred to in paragraph 1 and that they have access to legal
assistance.

C 213 E/292

EN

Official Journal of the European Communities

31.7.2001

CHAPTER IV

Article 21

HEALTH AND PSYCHOLOGICAL CARE

Health and psychological care during other procedures

Article 20

Health and psychological care during regular procedures

1. Member States shall ensure that applicants and their
accompanying family members have access to primary health
care provided by a general practitioner, psychological care and
health care that cannot be postponed:

1. Member States shall ensure that applicants and their
to emergency
accompanying family members have access
health and psychological care and health care that cannot be
postponed during admissibility and accelerated procedures, and
during the examination of their application within the context
of a procedure to decide on their right to legally enter the
territory of a Member State.

(a) during the regular procedure up to the moment a negative

first instance decision is notified;

(b) during the appeal procedures, when an appeal against a
negative decision in a regular procedure has suspensive
effect, up to the moment a negative decision on the
appeal is notified;

(c) when applicants and their accompanying family members
have obtained a decision allowing them to remain at the
border or on the territory of the Member State in which
the application has been lodged or is being examined for
the time their appeal against a negative decision in a
regular procedure is examined.

In the circumstances referred to in paragraph 1, Member
2.
States shall meet
the special needs of applicants and their
accompanying family members who are pregnant women,
minors, mentally ill persons, disabled persons or victims of
rape or other forms of gender related violence.

3.
In the circumstances referred to in paragraph 1, Member
States shall lay down the conditions of access of applicants and
their accompanying family members
to health care that
prevents aggravation of existing illness.

2.
In the circumstances referred to in paragraph 1 Member
States shall meet the special needs of the applicants and their
accompanying family members who are pregnant women,
minors, mentally ill persons, disabled persons or victims of
rape or other forms of gender related violence.

3.
In the circumstances referred to in paragraph 1, Member
States shall lay down the conditions of access of applicants and
their accompanying family members
to health care that
prevents aggravation of existing illness.

4. Member States shall ensure that if a decision to dismiss
the application as inadmissible or manifestly unfounded has
not been taken 65 working days after an application is
lodged,
the applicant and accompanying family members
have the same access to health care as during the regular
procedure.

5. Member States shall ensure that
if a decision on the
appeal has not yet been taken 65 working days after notice
of appeal is given in admissibility and accelerated procedures,
the applicant and accompanying family members have the
same access to health care as during the regular procedure.

4.
In the circumstances referred to in paragraph 1 Member
States may require applicants who can afford to do so to
contribute to the cost of their health and psychological care
or to cover it. Decisions to provide health and psychological
care not free of charge shall be taken individually, objectively
and impartially and reasons shall be given.

6. Member States may require applicants who can afford to
do so to contribute to the cost of their health and psycho-
logical care or to cover it. Decisions to provide health and
psychological care not free of charge shall be taken individually,
objectively and impartially and reasons shall be given.

5. Member States shall ensure that applicants have the right
to bring proceedings before a court against
the decisions
referred to in paragraph 4 and that they have access to legal
assistance.

7. Member States shall ensure that applicants have the right
to bring proceedings before a court against
the decisions
referred to in paragraph 6 and that they have access to legal
assistance.

31.7.2001

EN

Official Journal of the European Communities

C 213 E/293

CHAPTER V

REDUCTION OR WITHDRAWAL OF RECEPTION CONDITIONS

Article 22

Reduction or withdrawal

of

reception conditions

following negative behaviour

1. Member States may reduce or withdraw the reception
conditions in the following cases:

(a)

requests

to appear

to provide information or

if an applicant
for asylum has disappeared or, without
reasonable cause, has not complied with reporting duties
or
for
personal interviews concerning the asylum procedure for
at least 30 working days. When the missing applicant is
traced or voluntarily reports to the relevant authority after
that period, a reasoned decision based on the reasons for
the disappearance shall be taken on the reinstallation or the
grant of some or all of the reception conditions. Reception
conditions depending on the length of the procedure shall
not be granted;

(b) if an applicant withdraws the application;

(c)

if an applicant has concealed financial resources and has
therefore
reception
conditions;

from material

benefited

unduly

(d) if an applicant is regarded as a threat to national security or
there are serious grounds for believing that the applicant
has committed a war crime or a crime against humanity or
if, during the examination of the asylum application, there
are serious and manifest
for considering that
grounds of Article 1 (F) of the Geneva Convention may
apply with respect to the applicant.

reasons

2. Member States may reduce or withdraw material
reception conditions in the following cases:

(a)

if an applicant or an accompanying family member has
repeatedly behaved in a violent or threatening manner
towards persons performing duties in the running of an
accommodation centre or to other persons staying at the
centres;

(b) if an applicant or an accompanying family member does
not comply with a decision requiring them to stay at a
place determined by the relevant authority.

3. Member States may reduce material reception conditions
when an applicant prevents minors under that applicant’s care
from attending school or single classes in ordinary school
programmes.

for

Decisions

reduction or withdrawal of

reception
4.
conditions referred to in paragraphs 1, 2 and 3 shall be
based solely on the personal
the person
concerned and on the principle of proportionality. Member
States shall ensure that such decisions are taken individually,
objectively and impartially and reasons shall be given.

conduct of

5. Member States shall ensure that applicants have the right
to bring proceedings before a court against decisions provided
for by this Article and that they have access to legal assistance
that shall be free of charge when applicants cannot afford it.

Emergency health care and health care that cannot be

6.
postponed shall not be reduced or withdrawn.

CHAPTER VI

PROVISIONS FOR PERSONS WITH SPECIAL NEEDS

Article 23

General principle

shall

take into account

1. Member States
the specific
situation of persons who have special needs as minors,
elderly people,
unaccompanied minors, disabled people,
in their country of
pregnant women, single women subject,
origin,
related discrimination,
legal gender
single parents with minor children and victims of sexual
abuse or exploitation, in the national legislation implementing
the provisions of Chapters III, IV and V relating to material
reception conditions, psychological and health care.

to substantial

2.
Paragraph 1 shall apply only to persons found to have
special needs after an individual evaluation of their situation.

Article 24

Minors

The best

1.
the child shall be a primary
consideration for Member States when implementing the
provisions of this Directive that involve minors.

interests of

shall ensure access

2. Member States
to rehabilitation
services to minors who have been victims of any form of
abuse, neglect, exploitation,
inhuman and
degrading treatment or who have suffered from armed
conflicts. To facilitate recovery and reintegration, appropriate
mental health care shall be developed and qualified psycho-
social counselling shall be provided when it is needed.

torture, cruel,

C 213 E/294

EN

Official Journal of the European Communities

31.7.2001

Article 25

Unaccompanied minors

1. Member States shall ensure that, as soon as possible, a
guardian for each unaccompanied minor is appointed who
shall ensure that
in the
this Directive. Regular
implementation of
assessments
appropriate welfare
authorities.

the minor’s needs are duly met
the provisions of

shall be made by the

from the moment

Unaccompanied minors who make an application for
2.
asylum shall,
they are admitted to the
territory to the moment they have to leave the Member State
in which the application has been lodged or is being examined,
be placed, in the following order of priority

(a) with adult family members;

(b) with a foster family;

(c)

in centres specialised in accommodation for minors;

(d) in other accommodation with a suitable situation for

minors.

CHAPTER VII

ACTIONS TO IMPROVE THE EFFICENCY OF THE RECEPTION
SYSTEM

Article 27

Cooperation

1. With a view to the administrative cooperation required to
implement this Directive, Member States shall each appoint a
national contact point, whose address they shall communicate
to the Commission, which shall communicate it to the other
Member States. Member States
in liaison with the
Commission,
the appropriate measures to establish
including the exchange of visits, and an
direct cooperation,
exchange of information between the competent authorities.

take all

shall,

2. Member States shall, regularly and as quickly as possible,
inform the Commission on the data concerning the number of
persons, segregated by sex and age, covered by reception
conditions and provide full
information on the type, name
and format of the documents provided for by Article 6.

Article 28

Coordination

States

coordination between the
Member
shall
competent authorities and other actors,
including NGOs,
involved at national or local level in the reception of applicants
for asylum in accordance with this Directive.

ensure

Siblings shall be kept
minors’ residence shall be limited to a minimum.

together. Changes of unaccompanied

Article 29

Local communities

If it is in the best interest of the child, Member States
3.
the family of
shall endeavour
to trace the members of
In cases where
unaccompanied minors as soon as possible.
there may be a threat to the life or integrity of a minor or
its close relatives, particularly if they have remained in the
country of origin, care must be taken to ensure that
the
collection,
information
and
concerning those persons is undertaken on a confidential
basis, so as to avoid jeopardising their safety.

circulation

processing

of

Those working with unaccompanied minors shall receive

4.
appropriate training on their needs.

Article 26

Victims of torture and organised violence

Member States shall ensure that, if necessary, victims of torture,
or organised violence, rape, other gender related violence or
other serious acts of violence are accommodated in special
centres for traumatised persons or have access to special reha-
bilitation programmes. Special mental health care shall be
provided for persons
suffering from post-traumatic stress
when it is needed.

Member States shall ensure that appropriate measures are in
place to promote harmonious
relationships between local
communities and the accommodation centres that are located
in their territory with a view to preventing acts of racism, sex
discrimination and xenophobia against applicants for asylum.

Article 30

Guidance, monitoring and control system

Member States shall provide for rules on the guidance, moni-
toring and control of
the level of reception conditions to
ensure:

(a) comparable standards of reception conditions within the

national reception system;

(b) comparable standards of facilities in different centres;

(c) adequate training of the relevant staff.

Those rules shall include provisions on the office referred to in
Article 18 and on regular inspections and the adoption of
guidelines on standards of reception conditions and measures
to remedy possible deficiencies of the reception system.

31.7.2001

EN

Official Journal of the European Communities

C 213 E/295

Article 31

Staff and resources

Article 34

Penalties

1. Member States shall take appropriate measures to ensure
that authorities and other organisations implementing this
Directive have received the necessary basic training with
respect to the needs of both male and female applicants and
their accompanying family members.

2. Member States shall allocate the necessary resources in
connection with the national provisions enacted to implement
this Directive.

CHAPTER VIII

FINAL PROVISIONS

Article 32

Non-discrimination

The Member States shall give effect to the provisions of this
Directive without discrimination on the basis of sex, race,
colour,
characteristics,
religion or beliefs, political or other opinions,
language,
membership of a national minority, fortune, birth, disabilities,
age or sexual orientation.

social origin,

ethnic or

genetic

Article 33

Reports

By 31 December 2004 at
the Commission shall
report to the European Parliament and the Council on the
application of this Directive in the Member States and shall
propose any amendments that are necessary.

the latest

Member States shall send the Commission all the information
that is appropriate for drawing up that report, including the
statistical data provided for by Article 27(2) and the results of
the actions provided for by Article 29, by 30 June 2004 at the
latest.

After presenting the report the Commission shall report to the
European Parliament and the Council on the application of this
Directive in the Member States at least every five years.

to infringements of

The Member States shall
lay down the rules on penalties
the national provisions
applicable
adopted pursuant to this Directive and shall take all measures
necessary to ensure that they are implemented. The penalties
provided for must be effective, proportionate and dissuasive.
to the
The Member States
Commission by the date specified in Article 35 at the latest
and shall notify it without delay of any subsequent amendment
affecting them.

shall notify those provisions

Article 35

Transposition

1.
The Member States shall bring into force the laws, regu-
lations and administrative provisions necessary to comply with
this Directive by 31 December 2002 at the latest. They shall
forthwith inform the Commission thereof.

When the Member States adopt those provisions, they shall
contain a reference to this Directive or shall be accompanied
by such a reference on the occasion of their official publication.
Member States shall determine how such reference is to be
made.

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

Article 36

Entry into force

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

Article 37

Addressees

This Directive is addressed to the Member States.