Proposal for a Council Directive on minimum standards for the qualification and status of third country nationals and stateless persons as refugees or as persons who otherwise need international protection
Date: 2001-09-12
Institutions: European Commission
Subjects: foreign national, political asylum, political refugee, right of asylum, stateless person

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Proposal for a Council Directive on minimum standards for the qualification and status of third
country nationals and stateless persons as refugees or as persons who otherwise need inter-
national protection

(2002/C 51 E/17)

COM(2001) 510 final (cid:151) 2001/0207(CNS)

(Submitted by the Commission on 30 October 2001)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular point 1(c), 2(a) and 3(a) of the
first paragraph of Article 63 thereof,

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 Geneva Convention and Protocol provide
legal regime for
the international

cornerstone of
protection of refugees.

the
the

(6) The main aim of

this Directive is to ensure that a
minimum level of protection is available in all Member
States for those genuinely in need of
it because they
cannot reasonably rely on their country of origin or
habitual residence for protection.

(7) 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, the right to asylum of applicants for
asylum and their accompanying family members, and the
expulsion or
protection in the
extradition, promoting the application of Articles 1, 18
and 19 of the Charter.

event of

removal,

(8) This Directive should be implemented without prejudice
to Member States’ existing international obligations under
human rights instruments.

(9) This Directive is without prejudice to the Protocol on
asylum for nationals of Member States of the European
Union as annexed to the Treaty Establishing the European
Community.

(10) The recognition of refugee status is a declaratory act.

(11) The Handbook on Procedures and Criteria for Deter-
the United
mining Refugee Status of
Nations High Commissioner
for Refugees provides
valuable guidance for Member States when determining
the Geneva
refugee status according to Article 1 of
Convention.

the Office of

(12) Minimum standards for the definition and content of
the
in the

refugee
competent national bodies of Member States
application of the Geneva Convention.

laid down to guide

should be

status

(4) The Tampere Conclusions provide that a Common
European Asylum System should include in the short
term the approximation of rules on the recognition and
content of refugee status.

(13) It

the
is necessary to introduce common concepts of
criteria for recognising applicants for asylum as refugees
within the meaning of Article 1 of
the Geneva
Convention.

(5) The Tampere Conclusions

also provide

rules
regarding refugee status should be complemented by
measures on subsidiary forms of protection, offering an
appropriate status
such
protection.

to any person in need of

that

(14) In particular,

it

is necessary to introduce common
concepts of: protection needs arising sur place; sources
of harm and protection;
internal protection; and perse-
cution, including the reasons for persecution.

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(15) In particular,

it

is necessary to introduce a common
concept of
the persecution ground (cid:145)membership of a
particular social group(cid:146), which shall be interpreted to
include both groups which may be defined by relation
to certain fundamental characteristics, such as gender
and sexual orientation, as well as groups, such as trade
unions, comprised of persons who share a common back-
ground or characteristic that is so fundamental to identity
or conscience that those persons should not be forced to
renounce their membership.

(16) In particular, it is necessary when assessing applications
from minors for international protection that Member
States should have regard to child-specific forms of perse-
cution, such as the recruitment of children into armies,
trafficking for sex work, and forced labour.

(17) Minimum standards for the definition and content of
subsidiary protection status should also be laid down.
The subsidiary protection regime should be comple-
mentary and additional to the refugee protection regime
enshrined in the Geneva Convention.

for

international protection are

(18) It is necessary to introduce criteria on the basis of which
applicants
to be
recognised as eligible for subsidiary protection status.
Those criteria should be drawn from international obli-
gations under human rights instruments and practices
existing in Member States.

(19) The approximation of

rules on the recognition and
content of
refugee status and subsidiary protection
secondary movements of
should help to limit
applicants for asylum between Member States, where
such movement is purely caused by differences in legal
frameworks.

the

the conditions under
(20) The Directive should not affect
which Member States may,
in accordance with their
own domestic law, permit persons to enter or remain in
their territory where the return of those persons to their
safety owing to
own country would endanger
circumstances not covered by this Directive.

their

(21) 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, where such a request is understood
to be on the grounds that the person concerned is either a
refugee within the meaning of Article 1(A) of the Geneva
Convention, or a person who otherwise needs inter-
national protection.

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

the
its objectives and
Treaty,
content, aims to eliminate inequalities, and to promote
equality, between men and women.

this Directive, as

regards

(23) The (cid:145)best

interests of

the child(cid:146) should be a primary
consideration of Member States when implementing this
Directive.

(24) The implementation of this Directive should be evaluated

at regular intervals.

(25) Since the objectives of the proposed action, namely to
establish minimum standards for the granting of inter-
national protection to third country nationals
and
stateless persons by Member States cannot be sufficiently
attained by the Member States and can therefore, by
reason of the scale and effects of the action, be better
achieved at Community level,
the Community may
adopt measures, in accordance with the principle of subsi-
diarity as set out in Article 5 of the Treaty. In accordance
with the principle of proportionality, as set out in that
Article,
is
necessary in order to achieve those objectives,

this Directive does not go beyond what

HAS ADOPTED THIS DIRECTIVE:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

this Directive is to lay down minimum
The purpose of
standards for the qualification and status of
third country
nationals and stateless persons as refugees or as persons who
otherwise need international protection.

Article 2

Definitions

For the purposes of this Directive:

(a)

(cid:145)International protection(cid:146) means
subsidiary protection status;

refugee

status

and

(b)

(c)

(d)

(e)

(f)

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

(cid:145)Refugee(cid:146) means a third country national or a stateless
person who fulfils the requirements laid down by Article
1(A) of the Geneva Convention and set out in Chapters
II-III of this Directive;

(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 and/or
permitted to remain and reside there;

(cid:145)Person eligible for subsidiary protection(cid:146) is a person who
does not qualify for refugee status but otherwise satisfies
the rules regarding international protection set out
in
Chapters II and IV of this Directive;

(cid:145)Subsidiary protection status(cid:146) means the status granted by a
Member State to a third country national or a stateless
person who is a person eligible for subsidiary protection
and is admitted as such to the territory of that Member
State and/or permitted to remain and reside there;

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(g)

(h)

(i)

(cid:145)Application for international protection(cid:146) means a request
by a third country national or a stateless person for
protection from a Member State, which can be understood
to be on the grounds that the applicant is either a refugee
subsidiary protection. Any
or a person eligible
application for international protection is presumed to
be an application for asylum save where the applicant
explicitly requests another kind of protection that can be
applied for separately;

for

(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 the applicant is a refugee within
the meaning of Article 1(A) of the Geneva Convention;

(cid:145)Application for subsidiary protection(cid:146) means a request by
a third country national or a stateless person for inter-
national protection from a Member State which cannot
be understood to be on the grounds that the applicant is
the
a refugee within the meaning of Article 1(A) of
Geneva Convention, or
such a
request, but can be understood to be on the grounds
that
is a person eligible for subsidiary
protection;

the applicant

rejection of

follows

(j)

(cid:145)Family members(cid:146) means:

(i) the spouse of

the applicant or his/her unmarried
partner in a stable relationship, where the legislation
the Member State concerned treats
or practice of
unmarried couples in a way comparable to married
couples;

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

(iii) other close relatives who lived together as part of the
family unit at
leaving the country of
origin, and who were wholly or mainly dependent
on the applicant at that time;

the time of

(k)

(l)

(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

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

country national or stateless person to reside on its
territory;

(n)

(cid:145)Country of origin(cid:146) means the country of nationality or
former habitual residence.

Article 3

Scope

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

Article 4

More favourable provisions

Member States may introduce or
retain more favourable
standards for determining who qualifies as a refugee or as a
person in need of subsidiary protection, and in determining the
content of international protection, in so far as those standards
are compatible with this Directive.

CHAPTER II

QUALIFICATION FOR INTERNATIONAL PROTECTION

S e c t i o n 1

International protection

Article 5

The elements of international protection

1.
Refugee status shall be granted to any third country
national who, owing to a well-founded fear of being persecuted
for reasons of race, religion, nationality, political opinion or
membership of a particular social group, is outside the country
of nationality and is unable or, owing to such fear, is unwilling
to avail himself or herself of the protection of that country, and
to any stateless person, who, being outside the country of
former habitual residence, is unable or, owing to such fear, is
unwilling to return to it.

2. Without prejudice to existing constitutional obligations,
subsidiary protection shall be granted to any third country
national or
stateless person who does not qualify as a
refugee, according to the criteria set out in Chapter III of
this Directive, or whose application for international protection
include the
was explicitly made on grounds that did not
Geneva Convention, and who, owing to a well-founded fear
of suffering serious and unjustified harm as described in
Article 15, has been forced to flee or to remain outside his
or her country of origin and is unable or, owing to such fear, is
unwilling to avail himself of the protection of that country.

(m) (cid:145)Residence permit(cid:146) means any permit or authorisation
issued by the authorities of a Member State, in the form
provided for under that State’s legislation, allowing a third

3.
The applicant’s fear of being persecuted or exposed to
other serious and unjustified harm in the country of origin
shall be assessed in accordance with Section 2.

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Article 6

Article 8

Extension of

international protection to the accom-
panying family members

1. Member States shall ensure that accompanying family
members are entitled to the same status as the applicant for
international protection.

International protection needs arising sur place

1.
A well-founded fear of being persecuted or otherwise
suffering serious unjustified harm may be based on events
which have taken place since the applicant left his country
of origin.

2.
The rule laid down in paragraph 1 is not applicable
where the accompanying family Member is excluded from
refugee and subsidiary protection status pursuant to Chapters
III and IV.

S e c t i o n 2

Assessment of the applicant’s fear of being persecuted or
exposed to other serious and unjustified harm

Article 7

Assessment of applications for international protection

In assessing an applicant’s fear of being persecuted or exposed
to other serious and unjustified harm, Member States shall take
into account, as a minimum, the following matters:

(a) all relevant facts as they relate to the country of origin at

the time of taking a decision on the application;

2.
A well-founded fear of being persecuted or otherwise
suffering serious unjustified harm may be based on activities
which have been engaged in by the applicant since he left his
country of origin, save where it
is established that such
activities were engaged in for the sole purpose of creating
the necessary conditions for making an application for inter-
national protection. That is not the case where the activities
relied upon constitute the expression and continuation of
convictions held in the country of origin, and they are
related to the grounds for recognition of the need for inter-
national protection.

Article 9

Sources of harm and protection

1. Member States shall consider
the fear of being
persecuted or of otherwise suffering unjustified harm is well-
founded whether the threat of persecution or other serious
unjustified harm emanates from:

that

(b) whether the applicant’s fear of being persecuted or exposed
to other serious and unjustified harm in the country of
origin is objectively established,
a
reasonable possibility that the applicant will be persecuted
or otherwise subjected to serious harm if returned to the
country of origin;

in that

there

is

(c) whether the applicant has already been subject to perse-
cution or other serious and unjustified harm or to direct
threats of persecution or other serious and unjustified
harm,
in that this would strongly indicate a reasonable
possibility that the applicant might suffer further perse-
cution or harm in the future;

(d) the individual position and personal circumstances of the
applicant,
including factors such as background, gender,
age, health and disabilities so as to assess the seriousness
of persecution or harm. Where the form of persecution is
gender-specific or child-specific, account shall be taken of
the fact that persecution, within the meaning of the Geneva
Convention, may be effected through sexual violence or
other gender-specific means;

(a) the State;

(b) parties or organisations controlling the State;

(c) non-State actors where the State is unable or unwilling to

provide effective protection.

2.
In evaluating the effectiveness of State protection where
the threat of persecution or other serious unjustified harm
emanates from non-State actors, Member States shall consider
whether the State takes reasonable steps to prevent the perse-
cution or infliction of harm, and whether the applicant has
reasonable access to such protection. There must be in place a
system of domestic protection and machinery for the detection,
prosecution and punishment of actions which constitute perse-
cution or other serious and unjustified harm. Where effective
State protection is available,
fear of being persecuted or
otherwise suffering serious unjustified harm shall not be
considered to be well founded, in which case Member States
shall not recognise the need for protection.

(e) whether there is credible evidence that laws or regulations
are in force and applied in practice in the country of origin
which authorise or condone the persecution of
the
applicant or the infliction upon the applicant of other
serious and unjustified harm.

For the purpose of this Directive, (cid:145)State(cid:146) protection may
3.
also be provided by international organisations and stable
quasi-State authorities who control a clearly defined territory
of significant size and stability, and who are able and willing to
give effect to rights and to protect an individual from harm in
a manner similar to an internationally recognised State.

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Article 10

Internal protection

(ii) the criminal offence for which the applicant is at risk of
being prosecuted or punished, purports to criminalise
the exercise of a fundamental right;

Once they have established that

1.
the fear of being
persecuted or of otherwise suffering serious and unjustified
harm is well-founded, Member States may examine whether
this fear is clearly confined to a specific part of the territory
of the country of origin and, if so, whether the applicant could
reasonably be returned to another part of the country where
there would be no well-founded fear of being persecuted or of
otherwise suffering serious and unjustified harm.

this examination there shall be a strong
In carrying out
presumption against finding internal protection to be a viable
alternative to international protection if the agent of perse-
cution is, or is associated with the national government.

2.
In examining whether an applicant can be reasonably
returned to another part of the country in accordance with
paragraph 1, Member States shall have regard to the security,
political and social circumstances prevailing in that part of the
for human rights, and to the
country,
personal circumstances of the applicant,
including age, sex,
health, family situation and ethnic, cultural and social links.

including respect

CHAPTER III

QUALIFICATION FOR REFUGEE STATUS

Article 11

The nature of persecution

In the determination of whether a well-founded fear of
1.
being persecuted has been objectively established,
the term
persecution shall be considered to cover as a minimum any
of the following situations:

(a) the infliction of serious and unjustified harm or discrimi-
nation on the grounds of race, religion, nationality, political
social group,
opinion or membership of a particular
sufficiently serious by its nature or
to
constitute a significant risk to the applicant’s life, freedom
or security or to preclude the applicant from living in his
or her country of origin;

repetition as

(b) legal, administrative, police and/or judicial measures when
they are designed or implemented in a discriminatory
manner on the grounds of
religion, nationality,
political opinion or membership of a particular social
they constitute a significant risk to the
group and if
applicant’s
security or preclude the
applicant from living in his or her country of origin;

freedom or

race,

life,

(c) prosecution or punishment for a criminal offence if, on the
grounds of race, religion, nationality, political opinion or
membership of a particular social group:

(i) the applicant is either denied means of judicial redress
discriminatory
disproportionate

or

a

or
suffers
punishment

(d) prosecution or punishment for refusal to meet a general
obligation to perform military service on the grounds of
race, religion, nationality, political opinion or membership
of a particular social group:

(i) if the conditions stated in paragraph (c) (i) apply

if

(ii) in situations of war or conflict,

the person can
establish that performance of military service will
require his or her participation in military activities
which are irreconcilable with the applicant’s deeply
held moral, religious or political convictions, or other
valid reasons of conscience.

2.
The following principles shall, as a minimum, govern the
determination of whether a well-founded fear of being
persecuted should result in the recognition of an applicant as
a refugee:

(a)

it is immaterial whether the persecution stems from the
State, parties or organisations controlling the State, or
non-State actors where the State is unable or unwilling to
provide effective protection;

(b) it is immaterial whether the applicant actually possesses the
racial, religious, national, social or political characteristic
which attracts the persecutory action, provided that such
a characteristic is attributed to him or her by the agent of
persecution;

(c)

is immaterial whether

it
the applicant comes from a
country in which many or all persons face the risk of
generalised oppression.

Article 12

The reasons for persecution

In determining whether a well-founded fear of persecution is
based on reasons of race, religion, nationality, political opinion
the following
or membership of a particular social group,
elements shall, as a minimum, be taken in account:

(a) the concept of race shall include considerations of colour,
descent, or membership of a particular ethnic group;

(b) the concept of religion shall include the holding of theistic,
non-theistic and atheistic beliefs, the participation in, or
abstention from, formal worship in private or in public,
either alone or in community with others, other religious
acts or expressions of view, or forms of personal or
communal
conduct based on or mandated by any
religious belief;

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(c)

shall

the concept of nationality shall not be confined to citi-
zenship but
a group
determined by its cultural, ethnic, or linguistic identity,
common geographical or political origins or its relationship
with the population of another State;

include membership of

(d) the concept of social group shall include a group which
may be defined in terms of certain fundamental charac-
teristics, such as sexual orientation, age or gender, as well
as groups comprised of persons who share a common
background or characteristic that
to
identity or conscience that those persons should not be
forced to renounce their membership. The concept shall
also include groups of
individuals who are treated as
(cid:145)inferior(cid:146) in the eyes of the law;

is so fundamental

(e)

the concept of political opinion shall include the holding
of, or the being conceived of as holding, an opinion on a
matter related to the State or its government or its policy,
whether or not that opinion has been acted upon by the
applicant.

Article 13

Cessation of refugee status

1. Member States shall maintain refugee status until and
unless the refugee:

In the cases referred to in points (a) to (f), the residence permit
may be revoked.

In considering point (e), Member States shall have regard to
whether the change of circumstances is of such a profound and
durable nature that the refugee’s fear of persecution can no
longer be regarded as well-founded.

2.
The Member State which has granted refugee status shall
bear the burden of proof in establishing that a person has
ceased to be in need of international protection for one of
the reasons stipulated in paragraph 1.

Article 14

Exclusion from refugee status

1. Member States shall exclude from refugee status any
applicant:

(a) who is at present receiving protection or assistance from
organs or agencies of the United Nations other than the
United Nations High Commissioner for Refugees;

(b) who is recognised by the competent authorities of

the
country in which he or she has taken up residence as
having the rights and obligations attached to the possession
of the nationality of that country;

(a) has voluntarily re-availed himself or herself of

the

protection of the country of nationality; or

(c) where there are serious reasons for considering that:

(b) having lost his or her nationality, has

voluntarily

re-acquired it; or

(i) the applicant has committed a crime against peace, a
war crime, or a crime against humanity, as defined in
the international
instruments drawn up to make
provision in respect of such crimes;

(c) has acquired a new nationality, and enjoys the protection of

the country of his or her new nationality; or

(ii) the applicant has committed a serious non-political
crime prior to his or her admission as a refugee;

(d) has voluntarily re-established himself or herself

in the
country which he or she left or outside which he or she
remained owing to fear of persecution; or

(iii) the applicant has been guilty of acts contrary to the

purposes and principles of the United Nations.

(e) can no longer, because the circumstances in connection
with which he or she has been recognised as a refugee
have ceased to exist, continue to refuse to avail himself
or herself of the protection of the country of nationality;

The grounds for exclusion shall be based solely on the

2.
personal and knowing conduct of the person concerned.

3. Member States shall ensure that persons so excluded have
the right to bring proceedings before a court against a decision
to exclude them from international protection.

(f) Being a person with no nationality, he or she is able,
because the circumstances in connection with which he
or she has been recognised as a refugee have ceased to
exist, to return to the country of former habitual residence.

4.
The application of the exclusion shall not in any manner
affect obligations that Member States have under international
law.

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CHAPTER IV

QUALIFICATION FOR SUBSIDIARY PROTECTION STATUS

3. Member States shall ensure that persons so excluded have
the right to bring proceedings before a court against a decision
to exclude them from international protection.

Article 15

The grounds of subsidiary protection

In accordance with Article 5(2), Member States shall grant
subsidiary protection status to an applicant for international
protection who is outside his or her country of origin, and
cannot return there owing to a well-founded fear of being
subjected to the following serious and unjustified harm:

(a) torture or inhuman or degrading treatment or punishment;

or

(b) violation of a human right, sufficiently severe to engage the

Member State’s international obligations; or

(c) a threat to his or her life, safety or freedom as a result of
indiscriminate violence arising in situations of armed
systematic or generalised
conflict, or as a result of
violations of their human rights.

Article 16

Cessation of subsidiary protection status

1. Member States shall ensure that subsidiary protection
status is maintained until such time as it is established by
the competent authorities that such protection is no longer
required, in which case the residence permit may be revoked.

2.
Subsidiary protection may be withdrawn if the circum-
stances in the country of origin which led to the granting of
such status under Article 15, cease to exist, or if a change in
circumstances is of such a profound and durable nature that it
eliminates the need for subsidiary protection.

Article 17

Exclusion from subsidiary protection status

1. Member States shall exclude from subsidiary protection
status any applicant where there are serious
for
considering that:

reasons

(a) the applicant has committed a crime against peace, a war
crime, or a crime against humanity, as defined in the inter-
national
instruments drawn up to make provision in
respect of such crimes;

(b) the applicant has committed a serious non-political crime

prior to his or her admission as a refugee;

(c)

the applicant has been guilty of acts contrary to the
purposes and principles of the United Nations.

The grounds for exclusion shall be based solely on the

2.
personal and knowing conduct of the person concerned.

The application of the exclusion shall not in any manner
4.
affect obligations that Member States have under international
law.

CHAPTER V

REFUGEE STATUS AND SUBSIDIARY PROTECTION STATUS

Article 18

Content of international protection

1.
The rules laid down in this Chapter shall be without
prejudice to the rights laid down in the Geneva Convention.

2.
The rules laid down in this Chapter shall apply both to
refugees and persons eligible for subsidiary protection unless
otherwise indicated. The level of rights attached to a protection
status shall not be lower than that enjoyed by applicants during
the determination process and shall be enjoyed equally by the
accompanying family members of the qualified beneficiary.

this Chapter,
3. When implementing the provisions of
Member States shall take into account the specific situation
in
of persons who have special needs
general, unaccompanied minors, disabled people,
elderly
people, single parents with minor children, victims of torture
or sexual abuse or exploitation, pregnant women and persons
suffering from infirmity, whether mental or physical. Member
States shall also take into account the specific situation of
single women who are subject
to substantial gender-related
discrimination in their country of origin.

such as: minors

Article 19

Protection from refoulement and expulsion

Member States shall respect the principle of non-refoulement
and shall not expel persons enjoying international protection,
otherwise than in accordance with their international obli-
gations.

Article 20

Information

Member States shall provide persons recognised as being in
need of international protection, immediately after status has
in a language likely to be
been granted, with information,
understood by them,
in which provisions relating to the
respective protection regimes are clearly set out.

Article 21

Residence permits

1.
As soon as their status has been granted Member States
shall issue to refugees and their accompanying family members
a residence permit which must be valid for at least five years
and renewable automatically.

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As soon as the status has been granted Member States
2.
shall issue to persons enjoying subsidiary protection status and
their accompanying family members a residence permit which
must be valid for at least one year. This residence permit shall
be automatically renewed at intervals of not less than one year,
until such time as the granting authorities establish that such
protection is no longer required.

Article 22

Long-term residence status

Notwithstanding Article 3(2)(b) of Council Directive . . ./. . .EC
third country nationals who are
[concerning the status of
shall grant persons
long-term residents] Member States
enjoying subsidiary protection status
long-term residence
status on the same terms as those applicable to refugees
under that Directive.

Article 23

Travel documents

1. Member States shall issue to persons to whom they have
granted refugee status travel documents in the form set out in
the Schedule to the Geneva Convention, for the purpose of
territory unless compelling reasons of
travel outside their
national security or public order otherwise require.

issue travel documents to persons
2. Member States shall
enjoying subsidiary protection status who are unable to
obtain a national passport.

Article 24

Access to employment

1. Member States shall authorise refugees to engage in
employed or self-employed activities under the same conditions
as nationals,
immediately after the refugee status has been
granted.

shall ensure that activities

2. Member States
such as
employment-related education opportunities for adults, voca-
tional training and practical workplace experience are offered
to refugees, under the same conditions as nationals.

3. Member States shall authorise persons enjoying subsidiary
protection status to engage in employed or self-employed
activities under the same conditions as nationals no later
than six months after such status is granted.

shall

ensure

that persons

enjoying
4. Member States
subsidiary protection status have access to activities such as
employment-related education opportunities for adults, voca-
tional training and practical workplace experience, under the
same conditions as nationals no later than one year after such
status is granted.

After

access

to the

labour market

is granted in
5.
accordance with paragraphs 1 and 3, refugees and persons
enjoying subsidiary protection status are entitled to equal
treatment with nationals in terms of remuneration, access to
social security systems relating to employed or self-employed
activities, and other conditions of employment.

Article 25

Access to education

1. Member States shall grant full access to the education
system to all those minors enjoying international protection
under the same conditions as nationals.

2. Member States shall allow adults enjoying international
further
protection access to the general education system,
training or retraining, under the same conditions as nationals.

3. Member States shall ensure equal treatment as between
persons enjoying international protection and nationals with
regard to the recognition of diplomas, certificates and other
qualifications issued by a competent authority.

Article 26

Social welfare

Member States shall ensure that persons enjoying international
protection receive, under the same conditions as nationals of
the Member State that has granted the protection,
the
necessary assistance in terms of social welfare and means of
subsistence.

Article 27

Health and psychological care

1. Member States shall ensure that persons enjoying inter-
national protection have access to health and psychological
care under the same conditions as nationals of the Member
State that has granted the status.

2. Member States shall provide appropriate medical and
psychological care to persons enjoying international protection
who have special needs, such as accompanied or unaccom-
panied minors, or persons who have undergone torture, rape
or other serious forms of psychological, physical or sexual
violence.

shall ensure access

3. 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
conflict. 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,

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Article 28

Unaccompanied minors

inter alia,
welfare.

employment,

education, healthcare and social

1. Member States shall take the necessary measures as soon
as possible, to ensure the representation of unaccompanied
minors enjoying international protection by legal guardianship,
or representation by an organisation which is responsible for
the care and well-being of minors, or by any other appropriate
representation.

2. Member States shall ensure that the minor’s needs are
duly met
this
Directive by the appointed guardian. The appropriate auth-
orities shall make regular assessments.

in the implementation of

the provisions of

3. Member States shall ensure that unaccompanied minors
are placed:

(a) with adult family members; or

(b) with a foster family; or

2. Member States shall grant persons enjoying subsidiary
protection access to equivalent programmes, not later than
one year after their status is granted.

Article 32

Voluntary return

Member States
shall grant persons enjoying international
protection access to voluntary return programmes for those
who wish to return on a voluntary basis to their country of
origin.

CHAPTER VI

ADMINISTRATIVE COOPERATION

Article 33

Cooperation

(c)

in centres specialised in accommodation for minors; or

(d) in other accommodation suitable for minors.

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.

4. Member States shall ensure that siblings are kept together.
Changes of unaccompanied minors’ residence shall be limited
to a minimum.

Member States shall, in liaison with the Commission, take all
appropriate measures to establish direct Cooperation and an
exchange of information between the competent authorities.

If it is in the best interests of the child, Member States
the family of

5.
shall endeavour
unaccompanied minors as soon as possible.

to trace the members of

Article 34

Staff and resources

6. Member States shall ensure that
those working with
unaccompanied minors receive appropriate training on their
needs.

Article 29

Access to appropriate accommodation

1. Member States shall ensure that authorities and other
organisations implementing this Directive have received the
to the needs of both
necessary basic training with respect
male and female applicants and their accompanying family
members, as well as the specific needs of minors, in particular
unaccompanied minors.

The Member States shall ensure that persons enjoying inter-
national protection have access to suitable accommodation or,
if necessary, receive the means to obtain housing.

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

Article 30

Freedom of movement within the Member State

Member States shall not limit the freedom of movement within
their territory of persons enjoying international protection.

CHAPTER VII

FINAL PROVISIONS

Article 35

Non-discrimination

Article 31

Access to integration facilities

In order to facilitate the integration of refugees into
1.
society, Member States
specific
support programmes tailored to their needs in the fields of,

shall make provision for

Member States shall implement the provisions of this Directive
without discrimination on the basis of sex, race, nationality,
membership of a particular social group, health, colour, ethnic
or social origin, genetic characteristics,
language, religion or
beliefs, political or other opinions, membership of a national
minority, fortune, birth, disabilities, age or sexual orientation.

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Article 36

Reports

By 30 April 2006 at the latest, 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. Member States shall send the
Commission all the information that is appropriate for drawing
up that report. 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.

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 a 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 38

Entry into force

Article 37

Transposition

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

The Member States shall bring into force the laws, regu-
1.
lations and administrative provisions necessary to comply with
this Directive by 30 April 2004 at
the latest. They shall
forthwith inform the Commission thereof.

Article 39

Addressees

This Directive is addressed to the Member States.