Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers
Date: 2003-01-27
Institutions: Council of the European Union
Subjects: basic needs, foreign national, political asylum, right of asylum, rights of aliens, stateless person

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COUNCIL DIRECTIVE 2003/9/EC

of 27 January 2003

laying down minimum standards for the reception of asylum seekers

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular point (1)(b) of the first subparagraph of
Article 63 thereof,

Having regard to the proposal from the Commission (1),

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

Having regard to the opinion of the Economic and Social
Committee (3),

Having regard to the opinion of
Regions (4),

the Committee of

the

Whereas:

(1)

(2)

(3)

(4)

(5)

A common policy on asylum,
including a Common
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 protec-
tion in the Community.

At its special meeting in Tampere on 15 and 16 October
1999, the European Council 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.

The Tampere Conclusions provide that a Common
European Asylum System should include,
in the short
term, common minimum conditions of reception of
asylum seekers.

The establishment of minimum standards for the recep-
tion of asylum seekers is a further step towards a
European asylum policy.

the fundamental

This Directive respects
rights and
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 to promote the application of
Articles 1 and 18 of the said Charter.

(6) With respect to the treatment of persons falling within
the scope of this Directive, Member States are bound by
obligations under instruments of international
law to
which they are party and which prohibit discrimination.

(1) OJ C 213 E, 31.7.2001, p. 286.
(2) Opinion delivered on 25 April 2002 (not yet published in the Offi-

cial Journal).

(3) OJ C 48, 21.2.2002, p. 63.
(4) OJ C 107, 3.5.2002, p. 85.

(7)

(8)

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

The harmonisation of conditions for the reception of
asylum seekers should help to limit the secondary move-
ments of asylum seekers influenced by the variety of
conditions for their reception.

(9)

Reception of groups with special needs should be speci-
fically designed to meet those needs.

(10)

(11)

(12)

(13)

Reception of applicants who are in detention should be
specifically designed to meet their needs in that situa-
tion.

In order to ensure compliance with the minimum proce-
dural guarantees consisting in the opportunity to contact
organisations or groups of persons that provide legal
assistance,
information should be provided on such
organisations and groups of persons.

The possibility of abuse of the reception system should
be restricted by laying down cases for the reduction or
withdrawal of reception conditions for asylum seekers.

The efficiency of national reception systems and coop-
eration among Member States in the field of reception of
asylum seekers should be secured.

(14) Appropriate coordination should be encouraged between
the competent authorities as regards the reception of
asylum seekers, and harmonious relationships between
local communities and accommodation centres should
therefore be promoted.

(15)

(16)

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 protec-
tion from a Member State.

In this spirit, Member States are also invited to apply the
provisions of this Directive in connection with proce-
dures for deciding on applications for forms of protec-
than that emanating from the Geneva
tion other
Convention for third country nationals and stateless
persons.

(17)

The implementation of this Directive should be evalu-
ated at regular intervals.

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(18)

(19)

(20)

(21)

Since the objectives of the proposed action, namely to
establish minimum standards on the reception of asylum
seekers in Member States, cannot be sufficiently achieved
by the Member States and can therefore, by reason of
the scale and effects of the proposed action, be better
achieved by the Community, the Community may adopt
measures in accordance with the principles of subsi-
diarity as set out in Article 5 of the Treaty. In accor-
dance with the principle of proportionality, as set out in
that Article, this Directive does not go beyond what is
necessary in order to achieve those objectives.

In accordance with Article 3 of the Protocol on the posi-
tion of the United Kingdom and Ireland, annexed to the
Treaty on European Union and to the Treaty establishing
the European Community, the United Kingdom gave
notice, by letter of 18 August 2001, of its wish to take
part in the adoption and application of this Directive.

In accordance with Article 1 of the said Protocol, Ireland
is not participating in the adoption of this Directive.
Consequently, and without prejudice to Article 4 of the
aforementioned Protocol, the provisions of this Directive
do not apply to Ireland.

In accordance with Articles 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 is not participating in
the adoption of this Directive and is therefore neither
bound by it nor subject to its application,

HAS ADOPTED THIS DIRECTIVE:

CHAPTER I

PURPOSE, DEFINITIONS AND SCOPE

Article 1

Purpose

The purpose of this Directive is to lay down minimum stan-
dards for the reception of asylum seekers in Member States.

Article 2

Definitions

For the purposes of this Directive:

(a) ‘Geneva Convention’ shall mean the Convention of 28 July
1951 relating to the status of refugees, as amended by the
New York Protocol of 31 January 1967;

(b) ‘application for asylum’ shall mean the application made by
a third-country national or a stateless person which can be
understood as a request for international protection from a
Member State, under the Geneva Convention. Any applica-
tion 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 protec-
tion that can be applied for separately;

(c) ‘applicant’ or ‘asylum seeker’ shall mean 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;

(d) ‘family members’ shall mean, in so far as the family already
existed in the country of origin, the following members of
the applicant's family who are present in the same Member
State in relation to the application for asylum:

(i) the spouse of the asylum seeker or his or her unmarried
partner in a stable relationship, where the legislation or
practice of the Member State concerned treats unmar-
ried couples in a way comparable to married couples
under its law relating to aliens;

(ii) the minor children of the couple referred to in point (i)
or of the applicant, on condition that they are unmar-
ried and dependent and regardless of whether they were
born in or out of wedlock or adopted as defined under
the national law;

(e) ‘refugee’ shall mean a person who fulfils the requirements

of Article 1(A) of the Geneva Convention;

(f) ‘refugee status’ shall mean 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;

(g) ‘procedures’ and ‘appeals’, shall mean the procedures and
appeals established by Member States in their national law;

(h) ‘unaccompanied minors’ shall mean persons below the age
of eighteen who arrive in 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 effec-
tively taken into the care of such a person; it shall include
minors who are left unaccompanied after they have entered
the territory of Member States;

(i) ‘reception conditions’ shall mean the full set of measures
that Member States grant to asylum seekers in accordance
with this Directive;

(j) ‘material reception conditions’ shall mean the reception
conditions
food and clothing,
include housing,
provided in kind, or as financial allowances or in vouchers,
and a daily expenses allowance;

that

(k) ‘detention’ shall mean confinement of an asylum seeker by
a Member State within a particular place, where the appli-
cant is deprived of his or her freedom of movement;

(l) ‘accommodation centre’ shall mean any place used for

collective housing of asylum seekers.

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 in the territory of a Member State as long as they
are allowed to remain on the territory as asylum seekers, as
well as to family members, if they are covered by such applica-
tion for asylum according to the national law.

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

This Directive shall not apply when the provisions of
3.
Council Directive 2001/55/EC of 20 July 2001 on minimum
standards for giving temporary protection in the event of a
mass influx of displaced persons and on measures promoting a
balance of efforts between Member States in receiving such
persons and bearing the consequences thereof (1) are applied.

4. 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.

Article 4

More favourable provisions

Member States may introduce or retain more favourable provi-
sions in the field of reception conditions for asylum seekers
and other close relatives of the applicant who are present in
the same Member State when they are dependent on him or
for humanitarian reasons
these provisions are
compatible with this Directive.

insofar as

CHAPTER II

GENERAL PROVISIONS ON RECEPTION CONDITIONS

Article 5

Information

1. Member States shall
inform asylum seekers, within a
reasonable time not exceeding fifteen days after they have
lodged their application for asylum with the competent
authority, of at least any established benefits and of the obliga-
tions with which they must comply relating to reception condi-
tions.

Member States shall ensure that applicants are provided with
information on organisations or groups of persons that provide
specific legal assistance and organisations that might be able to
help or inform them concerning the available reception condi-
tions, including health care.

2. 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 may reasonably be supposed to
understand. Where appropriate, this information may also be
supplied orally.

(1) OJ L 212, 7.8.2001, p. 12.

Article 6

Documentation

1. Member States shall ensure that, within three days after
an application is lodged with the competent authority, the
applicant is provided with a document issued in his or her own
name certifying his or her status as an asylum seeker or testi-
fying that he or she is allowed to stay in the territory of the
Member State while his or her application is pending or being
examined.

If the holder is not free to move within all or a part of the terri-
tory of the Member State, the document shall also certify this
fact.

2. Member States may exclude application of this Article
when the asylum seeker is in detention and during the exami-
nation of an application for asylum made at the border or
within the context of a procedure to decide on the right of the
applicant legally to enter the territory of a Member State. In
specific cases, during the examination of an application for
asylum, Member States may provide applicants with other
evidence equivalent to the document referred to in paragraph
1.

The document referred to in paragraph 1 need not certify

3.
the identity of the asylum seeker.

the necessary measures to
4. Member States shall adopt
provide asylum seekers with the document referred to in para-
graph 1, which must be valid for as long as they are authorised
to remain in the territory of the Member State concerned or at
the border thereof.

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

Article 7

Residence and freedom of movement

1.
Asylum seekers may move freely within the territory of
the host Member State or within an area assigned to them by
that Member State. The assigned area shall not affect
the
unalienable sphere of private life and shall allow sufficient
scope for guaranteeing access to all benefits under this Direc-
tive.

2. Member States may decide on the residence of the asylum
seeker for reasons of public interest, public order or, when
necessary, for the swift processing and effective monitoring of
his or her application.

3. When it proves necessary, for example for legal reasons
or reasons of public order, Member States may confine an
applicant to a particular place in accordance with their national
law.

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4. Member States may make provision of the material recep-
tion conditions subject to actual residence by the applicants in
a specific place, to be determined by the Member States. Such a
decision, which may be of a general nature, shall be taken indi-
vidually and established by national legislation.

Access to the education system shall not be postponed
2.
for more than three months from the date the application for
asylum was lodged by the minor or the minor's parents. This
period may be extended to one year where specific education is
provided in order to facilitate access to the education system.

5. Member States shall provide for the possibility of granting
applicants temporary permission to leave the place of residence
mentioned in paragraphs 2 and 4 and/or the assigned area
mentioned in paragraph 1. Decisions shall be taken individu-
ally, objectively and impartially and reasons shall be given if
they are negative.

The applicant shall not require permission to keep appoint-
ments with authorities and courts if his or her appearance is
necessary.

6. Member States shall require applicants to inform the
competent authorities of their current address and notify any
change of address to such authorities as soon as possible.

Article 8

Families

Member States shall take appropriate measures to maintain as
far as possible family unity as present within their territory, if
applicants are provided with housing by the Member State
concerned. Such measures shall be implemented with the
asylum seeker's agreement.

Article 9

Medical screening

3. Where access to the education system as set out in para-
graph 1 is not possible due to the specific situation of the
minor, the Member State may offer other education arrange-
ments.

Article 11

Employment

1. Member States shall determine a period of time, starting
from the date on which an application for asylum was lodged,
during which an applicant shall not have access to the labour
market.

2.
If a decision at first instance has not been taken within
one year of the presentation of an application for asylum and
this delay cannot be attributed to the applicant, Member States
shall decide the conditions for granting access to the labour
market for the applicant.

3.
Access to the labour market shall not be withdrawn
during appeals procedures, where an appeal against a negative
decision in a regular procedure has suspensive effect, until such
time as a negative decision on the appeal is notified.

4.
For reasons of labour market policies, Member States may
give priority to EU citizens and nationals of States parties to
the Agreement on the European Economic Area and also to
legally resident third-country nationals.

Member States may require medical screening for applicants on
public health grounds.

Article 12

Vocational training

Article 10

Schooling and education of minors

1. Member States shall grant to minor children of asylum
seekers and to asylum seekers who are minors access to the
education system under similar conditions as nationals of the
host Member State for so long as an expulsion measure against
them or their parents is not actually enforced. Such education
may be provided in accommodation centres.

The Member State concerned may stipulate that such access
must be confined to the State education system.

Minors shall be younger than the age of legal majority in the
Member State in which the application for asylum was lodged
or is being examined. Member States shall not withdraw
secondary education for the sole reason that the minor has
reached the age of majority.

Member States may allow asylum seekers access to vocational
training irrespective of whether they have access to the labour
market.

to vocational

Access
training relating to an employment
contract shall depend on the extent to which the applicant has
access to the labour market in accordance with Article 11.

Article 13

General rules on material reception conditions and health
care

1. Member States shall ensure that material reception condi-
tions are available to applicants when they make their applica-
tion for asylum.

2. Member States shall make provisions on material recep-
tion conditions to ensure a standard of living adequate for the
health of applicants and capable of ensuring their subsistence.

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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 17, as well as in relation to the situa-
tion of persons who are in detention.

Member States shall pay particular attention to the prevention
of assault within the premises and accommodation centres
referred to in paragraph 1(a) and (b).

3. Member States may make the provision of all or some of
the material reception conditions and health care subject to the
condition that applicants do not have sufficient means to have
a standard of living adequate for their health and to enable
their subsistence.

4. Member States may require applicants to cover or contri-
bute to the cost of the material reception conditions and of the
health care provided for in this Directive, pursuant to the
provision of paragraph 3,
the applicants have sufficient
resources, for example if they have been working for a reason-
able period of time.

if

If it transpires that an applicant had sufficient means to cover
material reception conditions and health care at the time when
these basic needs were being covered, Member States may ask
the asylum seeker for a refund.

5. Material reception conditions may be provided in kind, or
in the form of financial allowances or vouchers or in a combi-
nation of these provisions.

Where Member States provide material reception conditions in
the form of
the amount
financial allowances or vouchers,
thereof shall be determined in accordance with the principles
set out in this Article.

Article 14

Modalities for material reception conditions

1. Where housing is provided in kind, it should take one or
a combination of the following forms:

(a) premises used for the purpose of housing applicants during
the examination of an application for asylum lodged at the
border;

(b) accommodation centres which guarantee an adequate stan-

dard of living;

(c) private houses, flats, hotels or other premises adapted for

housing applicants.

2. Member States shall ensure that applicants provided with
the housing referred to in paragraph 1(a),
(b) and (c) are
assured:

(a) protection of their family life;

if appropriate, that minor
3. Member States shall ensure,
children of 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.

4. Member States shall ensure that transfers of applicants
from one housing facility to another take place only when
necessary. Member States shall provide for the possibility for
applicants to inform their legal advisers of the transfer and of
their new address.

5.
Persons working in accommodation centres shall be
adequately trained and shall be bound by the confidentiality
principle as defined in the national law in relation to any infor-
mation they obtain in the course of their work.

6. Member States may involve applicants in managing the
material resources and non-material aspects of life in the centre
through an advisory board or council representing residents.

7.
Legal advisors or counsellors of asylum seekers and repre-
sentatives of the United Nations High Commissioner for Refu-
gees or non-governmental organisations designated by the
latter and recognised by the Member State concerned shall be
granted access to accommodation centres and other housing
facilities in order to assist the said asylum seekers. Limits on
such access may be imposed only on grounds relating to the
security of the centres and facilities and of the asylum seekers.

8. Member States may exceptionally set modalities for mate-
rial reception conditions different from those provided for in
this Article, for a reasonable period which shall be as short as
possible, when:

— an initial assessment of the specific needs of the applicant is

required,

— material

reception conditions, as provided for

in this

Article, are not available in a certain geographical area,

— housing capacities normally available

are

temporarily

exhausted,

— the asylum seeker is in detention or confined to border

posts.

These different conditions shall cover in any case basic needs.

Article 15

Health care

(b) the possibility of communicating with relatives, legal advi-
the United Nations High
sers and representatives of
(UNHCR) and non-govern-
for Refugees
Commissioner
mental organisations (NGOs) recognised by Member States.

1. Member States shall ensure that applicants receive the
necessary health care which shall include, at least, emergency
care and essential treatment of illness.

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2. Member States shall provide necessary medical or other
assistance to applicants who have special needs.

to persons covered by Article 17, taking into account the prin-
ciple of proportionality. Member States shall under all circum-
stances ensure access to emergency health care.

CHAPTER III

5. Member States shall ensure that material reception condi-
tions are not withdrawn or reduced before a negative decision
is taken.

REDUCTION OR WITHDRAWAL OF RECEPTION CONDITIONS

Article 16

PROVISIONS FOR PERSONS WITH SPECIAL NEEDS

CHAPTER IV

Reduction or withdrawal of reception conditions

1. Member States may reduce or withdraw reception condi-
tions in the following cases:

(a) where an asylum seeker:

— abandons the place of residence determined by the
if

authority without

informing it or,

competent
requested, without permission, or

— does not comply with reporting duties or with requests
to provide information or to appear for personal inter-
views concerning the asylum procedure during a
reasonable period laid down in national law, or

— has already lodged an application in the same Member

State.

When the applicant is traced or voluntarily reports to the
competent authority, a duly motivated decision, based on
the reasons for the disappearance, shall be taken on the
reinstallation of the grant of some or all of the reception
conditions;

(b) where an applicant has concealed financial resources and
has therefore unduly benefited from material reception
conditions.

If it transpires that an applicant had sufficient means to
cover material reception conditions and health care at the
time when these basic needs were being covered, Member
States may ask the asylum seeker for a refund.

2. Member States may refuse conditions in cases where an
asylum seeker has failed to demonstrate that the asylum claim
was made as soon as reasonably practicable after arrival in that
Member State.

3. Member States may determine sanctions applicable to
serious breaching of the rules of the accommodation centres as
well as to seriously violent behaviour.

Article 17

General principle

1. Member States shall take into account the specific situa-
tion of vulnerable persons such as minors, unaccompanied
minors, disabled people, elderly people, pregnant women,
single parents with minor children and persons who have been
subjected to torture, rape or other serious forms of psycholo-
gical, physical or sexual violence,
legislation
implementing the provisions of Chapter II relating to material
reception conditions and health care.

in the national

Paragraph 1 shall apply only to persons found to have

2.
special needs after an individual evaluation of their situation.

Article 18

Minors

The best interests of the child shall be a primary consid-
1.
eration for Member States when implementing the provisions
of this Directive that involve minors.

shall ensure access

to rehabilitation
2. Member States
services for minors who have been victims of any form of
abuse, neglect, exploitation,
inhuman and
degrading treatment, or who have suffered from armed
conflicts, and ensure that appropriate mental health care is
developed and qualified counselling is provided when needed.

torture or cruel,

Article 19

Unaccompanied minors

4.
Decisions for reduction, withdrawal or refusal of recep-
tion conditions or sanctions referred to in paragraphs 1, 2 and
3 shall be taken individually, objectively and impartially and
reasons shall be given. Decisions shall be based on the parti-
cular situation of the person concerned, especially with regard

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

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Unaccompanied minors who make an application for
2.
asylum shall, from the moment they are admitted to the terri-
tory to the moment they are obliged to leave the host Member
State in which the application for asylum was made or is being
examined, be placed:

(a) with adult relatives;

(b) with a foster-family;

(c) in accommodation centres with special provisions for

minors;

(d) in other accommodation suitable for minors.

Member States may place unaccompanied minors aged 16 or
over in accommodation centres for adult asylum seekers.

As far as possible, siblings shall be kept together, taking into
account the best interests of the minor concerned and, in parti-
cular, his or her age and degree of maturity. Changes of resi-
dence of unaccompanied minors
limited to a
minimum.

shall be

3. Member States, protecting the unaccompanied minor's
best interests, shall endeavour to trace the members of his or
her family as soon as possible. In cases where there may be a
threat to the life or integrity of the minor or his or her close
relatives, particularly if they have remained in the country of
origin, care must be taken to ensure that the collection, proces-
sing and circulation of information concerning those persons is
undertaken on a confidential basis, so as to avoid jeopardising
their safety.

Those working with unaccompanied minors shall have
4.
had or receive appropriate training concerning their needs, and
shall be bound by the confidentiality principle as defined in the
national law, in relation to any information they obtain in the
course of their work.

Procedures for access to legal assistance in such cases

2.
shall be laid down in national law.

CHAPTER VI

ACTIONS TO IMPROVE THE EFFICIENCY OF THE RECEPTION
SYSTEM

Article 22

Cooperation

Member States shall regularly inform the Commission on the
data concerning the number of persons, broken down by sex
and age, covered by reception conditions and provide full infor-
mation on the type, name and format of
the documents
provided for by Article 6.

Article 23

Guidance, monitoring and control system

Member States shall, with due respect to their constitutional
structure, ensure that appropriate guidance, monitoring and
control of the level of reception conditions are established.

Article 24

Staff and resources

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.

Article 20

Victims of torture and violence

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

Member States shall ensure that, if necessary, persons who have
been subjected to torture, rape or other serious acts of violence
receive the necessary treatment of damages caused by the afore-
mentioned acts.

CHAPTER V

APPEALS

Article 21

Appeals

CHAPTER VII

FINAL PROVISIONS

Article 25

Reports

the Commission shall

By 6 August 2006,
to the
European Parliament and the Council on the application of this
Directive and shall propose any amendments that are neces-
sary.

report

shall ensure

that negative decisions
1. Member States
relating to the granting of benefits under this Directive or deci-
sions taken under Article 7 which individually affect asylum
seekers may be the subject of an appeal within the procedures
laid down in the national law. At least in the last instance the
possibility of an appeal or a review before a judicial body shall
be granted.

Member States shall send the Commission all the information
including the
that is appropriate for drawing up the report,
statistical data provided for by Article 22 by 6 February 2006.

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

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Article 26

Transposition

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 6 February 2005. They shall forthwith inform the
Commission thereof.

When the Member States adopt these measures,
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 relating to the enforcement of this Directive.

Article 27

Entry into force

This Directive shall enter into force on the day of its publica-
tion in the Official Journal of the European Union.

Article 28

Addressees

This Directive is addressed to the Member States in accordance
with the Treaty establishing the European Union.

Done at Brussels, 27 January 2003.

For the Council

The President

G. PAPANDREOU