Initiative of Austria with a view to adopting a Council Regulation establishing the criteria for determining the States which qualify as safe third States for the purpose of taking the responsibility for examining an application for asylum lodged in a Member State by a third country national and drawing up a list of European safe third States
Date: 2003-01-24
Institutions: Austria
Subjects: Austria, Europe, application of EU law, human rights, political rights, right of asylum, third country

C 17/6

EN

Official Journal of the European Communities

24.1.2003

II

(Preparatory Acts)

COUNCIL

Initiative of Austria with a view to adopting a Council Regulation establishing the criteria for
determining the States which qualify as safe third States for the purpose of taking the responsi-
bility for examining an application for asylum lodged in a Member State by a third country
national and drawing up a list of European safe third States

(2003/C 17/06)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 63(1)(d) thereof,

Having regard to the initiative of the Republic of Austria (1),

Having regard to the opinion of the European Parliament (2),

Whereas:

(1) At its meeting in Tampere, the European Council reaf-
firmed the importance the Union and Member States
attach to absolute respect of the right to seek asylum. It
agreed to work towards establishing a Common European
Asylum System, based on the
and inclusive
the Geneva Convention relating to the
application of
thus ensuring that nobody is sent
Status of Refugees,
i.e. maintaining the principle of
back to persecution,
non-refoulement.

full

(2) The Laeken European Council agreed on the adoption, on
the basis of the Tampere conclusions and as soon as
possible, of a common policy on asylum and immi-
gration, which would maintain the necessary balance
between protection of refugees,
in accordance with the
principles of the 1951 Geneva Convention, the legitimate
aspiration to a better life and the reception capacities of
the Union and its Member States.

(3) The Seville European Council emphasised that measures
taken in the short and medium term for
the joint
management of migration flows should strike a fair
balance between, on the one hand, a policy for the inte-
gration of lawfully resident immigrants and an asylum
conventions,
policy
principally the 1951 Geneva Convention, and, on the
other hand, resolute action to combat illegal immigration
and trafficking in human beings.
In this context it is
important to afford refugees swift, effective protection,
the
while making arrangements to prevent abuse of
system.

complying with

international

(1) OJ C . . .
(2) Opinion of . . .

(4) With a view to the creation of a Common European
Asylum System,
it is desirable to establish criteria for
determining the States, which qualify as safe third States
and to draw up a list of European safe third States, in
respect of which it can be assumed that they provide an
adequate level of protection to refugees and asylum
seekers against refoulement to their countries of origin,
and by which such persons are to be received.

international obligations

(5) The third States listed in the Annex are bound by the
relevant
(Geneva Convention
relating to the Status of Refugees, European Convention
for the Protection of Human Rights and Fundamental
Freedoms) and have transposed the provisions set out
therein into their national
law. The acquis screening in
the framework of the accession negotiations has already
proved the
the
candidate States to the asylum acquis of the European
Union.

implementation and alignment of

(6) The list of safe third States will be regularly reviewed on
the basis of an examination and evaluation of criteria
based on the application and observation of standards
established under international law for the protection of
refugees and of basic human rights.

(7) Compliance by the third States included on the list with
the standards established under international law for the
protection of refugees and of basic human rights will be
monitored by
basis of
information from the Member States, the UNHCR, the
Council of Europe, and other
international
organisations.

the Commission on the

relevant

(8) As soon as States included in the list become Member
States of the European Union, they are no longer to be
considered as third States for the purposes of this Regu-
lation, since then being subject to the Dublin regime.

(9) In accordance with Article 3 of Protocol on the position
of the United Kingdom and Ireland, annexed to the Treaty
on European Union and to the Treaty establishing the
European Community,
have
States
notified their wish to take part
in the adoption and
application of this Regulation.

these Member

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Official Journal of the European Communities

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(10) In accordance with Article 1 and 2 of the Protocol on the
position of Denmark, annexed to the Treaty on European
Union and to the Treaty establishing the European
Community, Denmark does not
in the
adoption of the present Regulation and is not bound by
it or subject to its application.

take part

(11) This Regulation deals with one aspect of the creation of a
Common European Asylum System, and more particularly
with one aspect of minimum standards on procedures in
Member States for granting or withdrawing refugee status.
Once the Council has adopted the Directive dealing with
for which the
this minimum standard in general,
Commission has submitted a proposal
the
present Regulation may be repealed in order to allow
for a full application of
the provisions adopted in
implementing that Directive,

in 2000,

HAS ADOPTED THIS REGULATION:

Article 1

Definition of safe third States

For the purposes of this Regulation, a safe third State
1.
means a State which has ratified the Geneva Convention
relating to the Status of Refugees and the Protocol relating to
the Status of Refugees and

(a) the European Convention for the Protection of Human
Rights and Fundamental Freedoms and at least Protocols
Nos 6 and 11 thereto, or

(b) the 1966 International Covenant on Civil and Political
Rights and the (first) Optional Protocol to the International
Covenant on Civil and Political Rights.

Effective protection exists

2.
in a State according to
paragraph 1, where there are procedures available effectively
in
enabling asylum seekers
accordance with the Geneva Convention, where
asylum
seekers have the right to remain until a decision is taken and
where they are protected from inhuman treatment also by
expulsion to their country of origin, including via other States.

to be granted refugee status

3.
Third country nationals who have entered the territory of
a Member State after passing through or coming from a third
State, which may be held to have a responsibility in receiving
or readmitting those persons, and who apply for asylum in the
Member State fall under the responsibility of the third State for
examining their asylum applications, if this is a safe third State.

Article 3

Accession to the European Union

This Regulation shall cease to apply in respect of States
in the Annex which accede to the
included in the list
European Union, as from the date on which such accession
takes effect.

Article 4

Amendment of the list

1.
The Commission shall monitor compliance by the third
States included on the list with the criteria set out in Article 1
In its
and shall annually submit a report
assessment of the States, the Commission shall make use of
information from the Member States, the UNHCR, the Council
of Europe, and other relevant international organisations.

to the Council.

2. When presenting
the
Commission may make such recommendations or proposals
as it deems appropriate.

to the Council,

report

its

Article 5

Scope

This Regulation shall not affect
the competence of each
Member States to determine its procedures for dealing with
requests for asylum.

Article 6

Entering into force

1.
This Regulation shall enter into force on the day of its
publication in the Official Journal of the European Communities.

This Regulation shall not apply to the States listed in the
2.
Annex indicated with an asterisk. The Council shall take a
decision in respect of those States at a later date in accordance
with the procedure applicable to the adoption of modifications
of the present Regulation on the basis of a report from the
to Article 4. The Commission shall
Commission pursuant
submit a first report to the Council not later than 30 June
2003.

This Regulation shall be binding in its entirety and directly
applicable in the Member States in accordance with the
Treaty establishing the European Community.

Article 2

List of European safe third States

Done at . . .

Those third States which are included on the list in the Annex
shall be regarded as safe third States in the meaning of this
Regulation.

For the Council
The President

. . .

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Official Journal of the European Communities

24.1.2003

ANNEX

Common list of European safe third States

Bulgaria *

Cyprus

Czech Republic

Estonia

Hungary

Iceland

Latvia

Lithuania

Malta

Norway

Poland

Romania *

Slovakia

Slovenia

Switzerland