European Parliament legislative resolution on the amended proposal for a Council directive on minimum standards on procedures in Member States for granting and withdrawing refugee status (14203/2004 - C6-0200/2004 - 2000/0238(CNS))
Date: 2005-09-27
Institutions: European Parliament
Subjects: administrative procedure, admission of aliens, migration policy, refugee, right of asylum

C 227 E/46

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Official Journal of the European Union

21.9.2006

Tuesday, 27 September 2005

P6_TA(2005)0349

Procedures in Member States for granting and withdrawing refugee status *

European Parliament legislative resolution on the amended proposal for a Council directive on
minimum standards on procedures in Member States for granting and withdrawing refugee status
(14203/2004 — C6-0200/2004 — 2000/0238(CNS))

(Consultation procedure — renewed consultation)

The European Parliament,

— having regard to the Council draft (14203/2004) (1),

— having regard to the amended Commission proposal to the Council (COM(2002)0326) (2),

— having regard to its position of 20 September 2001 (3),

— having regard to Article 63(1)(1)(d) of the EC Treaty,

— having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament

(C6-0200/2004),

— having regard to Rules 51, 41(4) and 55(3) of its Rules of Procedure,

— having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the
opinions of the Committee on Development and the Committee on Legal Affairs (A6-0222/2005),

1. Approves the Council proposal as amended;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4. Reserves the right to bring an action before the Court of Justice in order to seek verification of the
legality of the proposal and of the compatibility thereof with fundamental rights;

5.

Instructs its President to forward its position to the Council and Commission.

TEXT PROPOSED
BY THE COUNCIL

AMENDMENTS
BY PARLIAMENT

Amendment 1

Recital 1 a (new)

(1a) Every Member State should have a comprehensive
national legal framework on asylum that respects at least
the basic protection provided under international asylum
law.

Amendment 2

Recital 2

(2) The European Council, at its special meeting in Tampere
on 15 and 16 October 1999, agreed to work towards estab-
lishing a Common European Asylum System, based on the
full and inclusive application of the Geneva Convention of
28 July 1951 relating to the status of refugees, as supple-
mented by the New York Protocol of 31 January 1967
(‘Geneva Convention’), thus affirming the principle of non-
refoulement and ensuring that nobody is sent back to persecu-
tion.

(2) The European Council, at its special meeting in Tampere
on 15 and 16 October 1999, agreed to work towards estab-
lishing a Common European Asylum System, based on the
full and inclusive application of the Geneva Convention of
28 July 1951 relating to the status of refugees, as supple-
mented by the New York Protocol of 31 January 1967
(‘Geneva Convention’), thus affirming the principle of non-
refoulement and ensuring that nobody is sent back to coun-
tries or territories where their life or freedom could be at
risk.

(1) Not yet published in OJ.
(2) OJ C 291 E, 26.11.2002, p. 143.
(3) OJ C 77 E, 28.3.2002, p. 115.

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Tuesday, 27 September 2005

AMENDMENTS
BY PARLIAMENT

Amendment 3

Recital 3 a (new)

(3a) The European Council, at its meeting in Den Haag on
4 and 5 November 2004, confirmed the approach adopted in
Tampere and agreed on the establishment by 2010 of a
common asylum procedure and uniform status for those who
are granted asylum or subsidiary protection.

Amendment 4

Recital 5

(5) The main objective of this Directive is to introduce a
minimum framework in the European Community on proce-
dures for granting and withdrawing refugee status.

(5) The main objective of this Directive is to introduce a
minimum framework in the European Community on proce-
dures for granting and withdrawing refugee status, ensuring
that no Member State expels or returns an applicant for
asylum in any manner whatsoever to the border of a terri-
tory where his life or freedom would be threatened on
account of his race, sex, religion, nationality,
language,
sexual orientation, membership of a particular social group
or minority, or political opinion, in accordance with interna-
tional standards, in particular the Geneva Convention and
the Tampere Conclusions on asylum.

Amendment 5

Recital 8

(8) This Directive
rights and
observes the principles recognised in particular by the Charter
of Fundamental Rights of the European Union.

the fundamental

respects

the fundamental

(8) This Directive respects
rights and
observes the principles recognised in particular by the Charter
of Fundamental Rights of the European Union, as general
principles of Community law, and by all existing interna-
tional obligations, in particular the Geneva Convention.

Amendment 6

Recital 9

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

(9) With respect to the treatment of persons falling within
the scope of this Directive, Member States are bound by obli-
gations under instruments of international law to which they
are party and which prohibit all forms of discrimination.

Amendment 7

Recital 11

(11)
It is in the interest of both Member States and appli-
cants for asylum to decide as soon as possible on applications
for asylum. The organisation of the processing of applications
for asylum is left to the discretion of Member States, so that
they may, in accordance with their national needs, prioritise
or accelerate the processing of any application, taking into
account the standards in this Directive.

(11)
It is in the interest of both Member States and appli-
cants for asylum to decide as soon as possible on applications
for asylum, and there therefore need to be prompt and effi-
cient procedures which should not take longer than six
months. The organisation of the processing of applications for
asylum is left to the discretion of Member States, so that they
in accordance with their national needs, prioritise or
may,
taking into
accelerate the processing of any application,
account the standards in this Directive.

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TEXT PROPOSED
BY THE COUNCIL

AMENDMENTS
BY PARLIAMENT

Amendment 8

Recital 13

(13)
In the interests of a correct recognition of those persons
in need of protection as refugees within the meaning of
Article 1 of the Geneva Convention, every applicant should,
subject to certain exceptions, have an effective access to
procedures,
the opportunity to co-operate and properly
communicate with the competent authorities so as to present
the relevant facts of his/her case and sufficient procedural
guarantees to pursue his/her case at and throughout all stages
of the procedure. Moreover, the procedure in which an appli-
cation for asylum is examined should normally provide an
applicant at least with a right to stay pending a decision by
the determining authority, access to the services of an inter-
preter for submitting his/her case if interviewed by the autho-
rities, the opportunity to communicate with a representative
of
for Refugees
(UNHCR) or with any organisation working on its behalf, the
right to appropriate notification of a decision, a motivation of
that decision in fact and in law, the opportunity to consult a
legal adviser or other counsellor, and the right to be informed
of his/her legal position at decisive moments in the course of
the procedure,
in a language he/she can reasonably be
supposed to understand.

the United Nations High Commissioner

at

case

guarantees

to pursue his/her

(13)
In the interests of a correct recognition of those persons
in need of protection as refugees within the meaning of
Article 1 of the Geneva Convention, every applicant should
have an effective access to procedures, the opportunity to co-
operate and properly communicate with the competent autho-
rities so as to present the relevant facts of his/her case and
procedural
and
throughout all stages of the procedure. Moreover, the proce-
dure in which an application for asylum is examined should
provide an applicant at least with a right to stay pending a
decision by the determining authority, access to the services
of an interpreter for submitting his/her case if interviewed by
the authorities, the opportunity to communicate with a repre-
sentative of the United Nations High Commissioner for Refu-
gees (UNHCR) or with any organisation working on its behalf,
the right to appropriate notification of a decision, a motiva-
tion of that decision in fact and in law, the opportunity to
consult a legal adviser or other counsellor, and the right to be
informed of his/her legal position at decisive moments in the
course of the procedure, in a language he/she understands.
(The replacement of ‘can reasonably be supposed to understand’ by
‘understands’ or ‘understand’ applies throughout the text.)

Amendment 9

Recital 14

In addition, specific procedural guarantees for unaccom-
(14)
panied minors should be laid down, because of their vulner-
ability. In this context, the best interests of the child should be
a primary consideration of Member States.

In addition, specific procedural guarantees for unaccom-
(14)
panied children should be laid down, because of their vulner-
ability. In this context, the best interests of the child should be
a primary consideration of Member States throughout the
whole asylum procedure, in accordance with Article 3 of the
UN Convention on the Rights of the Child (CRC).
(The replacement of ‘minor’ or ‘minors’ by ‘child’ or ‘children’ applies
throughout the text.)

Amendment 10

Recital 16

(16) Many asylum applications are made at the border or in
a transit zone of a Member State prior to a decision on the
entry of the applicant. Member States should be able to keep
existing procedures adapted to the specific situation of these
applicants at the border. Common rules should be defined on
possible exceptions made in these circumstances to the guar-
antees normally enjoyed by applicants. Border procedures
should mainly apply to those applicants who do not meet the
conditions for entry into the territory of the Member States.

(16) Many asylum applications are made at the border or in
a transit zone of a Member State prior to a decision on the
entry of the applicant. Member States should be able to keep
existing procedures adapted to the specific situation of these
applicants at the border. Border procedures should mainly
apply to those applicants who do not meet the conditions for
entry into the territory of the Member States.

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BY THE COUNCIL

Tuesday, 27 September 2005

AMENDMENTS
BY PARLIAMENT

Amendment 11

Recital 17 a (new)

(17a) Trafficking is one of the main ways for applicants to
enter the Member States. Bearing in mind the need to take
account of their best interests, asylum applicants should not
be discriminated against in any way in their application for
having entered the Member State in such a manner.

Amendment 12

Recital 18

(18) Given the level of harmonisation achieved on the quali-
fication of third country nationals and stateless persons as
refugees, common criteria for designating third countries as
safe countries of origin should be established.

(18) Given the level of harmonisation achieved on the quali-
fication of third country nationals and stateless persons as
refugees, common criteria for designating third countries as
safe countries of origin should be established, and it must be
ensured that evaluation and implementation are carried out
correctly and efficiently.

Amendment 13

Recital 19

(19) Where the Council has satisfied itself that those criteria
are met in relation to a particular country of origin, and has
consequently included it in the minimum common list of safe
countries of origin to be adopted pursuant to this Directive,
Member States should be obliged to consider applications of
persons with the nationality of that country, or of stateless
persons formerly habitually resident in that country, on the
basis of
that
country. In the light of the political importance of the designa-
tion of safe countries of origin, in particular in view of the
implications of an assessment of the human rights situation in
a country of origin and its implications for the policies of the
European Union in the field of external relations, the Council
should take any decisions on the establishment or amendment
of the list, after consultation of the European Parliament.

the rebuttable presumption of

the safety of

(19) Where the Council has satisfied itself that those criteria
are met in relation to a particular country of origin, and has
consequently included it in the common list of safe countries
of origin to be adopted pursuant to this Directive, Member
States may consider applications of persons with the nation-
ality of that country, or of stateless persons formerly habi-
tually resident in that country, on the basis of the rebuttable
presumption of the safety of that country. In the light of the
political
importance of the designation of safe countries of
origin, in particular in view of the implications of an assess-
ment of the human rights situation in a country of origin and
its implications for the policies of the European Union in the
field of external relations, the Council, in co-decision with the
European Parliament, should take any decisions on the estab-
lishment or amendment of the list.

Amendment 14

Recital 20

It results from the status of Bulgaria and Romania as
(20)
candidate countries for the accession to the European Union
and the progress made by these countries for membership
that they should be regarded as constituting safe countries
of origin for the purposes of this Directive until the date of
their accession to the European Union.

deleted

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TEXT PROPOSED
BY THE COUNCIL

AMENDMENTS
BY PARLIAMENT

Amendment 15

Recital 21

(21) The designation of a third country as a safe country of
origin for the purposes of this Directive cannot establish an
absolute guarantee of safety for nationals of that country. By
its very nature, the assessment underlying the designation can
legal and political
only take into account the general civil,
circumstances in that country and whether actors of persecu-
tion, torture or inhuman or degrading treatment or punish-
ment are subject to sanction in practice when found liable in
the country concerned. For this reason, it is important that,
where an applicant shows that there are serious reasons to
consider the country not
to be safe in his/her particular
circumstances, the designation of the country as safe can no
longer be considered relevant for him/her.

(21) The designation of a third country as a safe country of
origin for the purposes of this Directive cannot establish an
absolute guarantee of safety for nationals of that country. By
its very nature, the assessment underlying the designation can
legal and political
only take into account the general civil,
circumstances in that country,
including adherence to the
rules of international
law on human rights, fundamental
freedoms and refugee protection, and whether actors of
persecution, torture or inhuman or degrading treatment or
punishment are subject to sanction in practice when found
liable in the country concerned. For this reason, it is impor-
tant that, where an applicant shows that there are serious
reasons to consider the country not to be safe in his/her par-
ticular circumstances, the designation of the country as safe
can no longer be considered relevant for him/her.

Amendment 16

Recital 22

(22) Member States should examine all applications on the
substance, i.e. assess whether the applicant in question quali-
fies as a refugee in accordance with Council Directive
2004/83/EC on minimum standards for the qualification and
status of third country nationals or stateless persons as refu-
gees or as persons who otherwise need international protec-
tion and the content of the protection granted, except where
this Directive provides otherwise, in particular where it can
be reasonably assumed that another country would do the
examination or provide sufficient protection. Especially,
Member States should not be obliged to assess the substance
of an asylum application where a first country of asylum has
granted the applicant refugee status or otherwise sufficient
protection and the applicant will be readmitted to this
country.

(22) Member States should examine all applications on the
substance, i.e. assess whether the applicant in question quali-
fies as a refugee in accordance with Council Directive
2004/83/EC on minimum standards for the qualification and
status of third country nationals or stateless persons as refu-
gees or as persons who otherwise need international protec-
tion and the content of the protection granted, except where
it is established that another country is competent to do the
examination and can provide effective,
equivalent and
adequate protection in accordance with Council Regulation
(EC) No 343/2003 of 18 February 2003 establishing the
criteria and mechanisms for determining the Member State
responsible for examining an asylum application lodged in
one of the Member States by a third-country national (1).
Especially, Member States should not be obliged to assess the
substance of an asylum application where a first country of
asylum has granted the applicant refugee status or otherwise
effective protection and the applicant will be readmitted to
this country.

(1) OJ L 50, 25.2.2003, p. 1.
(The replacement of
applies throughout the text.)

‘sufficient protection’ by ‘effective protection’

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Tuesday, 27 September 2005

AMENDMENTS
BY PARLIAMENT

Amendment 17

Recital 23

deleted

(23) Member States should also not be obliged to assess
the substance of an asylum application where the applicant,
due to a connection to a third country as defined by national
law, can reasonably be expected to seek protection in that
third country. Member States should only proceed on this
basis where this particular applicant would be safe in the
third country concerned.
interest of avoiding
secondary movements of applicants, common principles for
the consideration or designation by Member States of third
countries as safe should be established.

In the

Amendment 18

Recital 24

deleted

(24) Furthermore, with respect to certain European third
countries, which observe particularly high human rights and
refugee protection standards, Member States should be
allowed to carry out no or no full examination of asylum
applications regarding applicants who enter their territory
from such European third countries. Given the potential
consequences for the applicant of a restricted or omitted
examination,
this application of the safe third country
concept should be restricted to cases involving third coun-
tries with respect to which the Council has satisfied itself
that the high standards for the safety of the third country
concerned, as set out in this Directive, are fulfilled. The
Council should take decisions in this matter after consulta-
tion of the European Parliament.

Amendment 19

Recital 25

It follows from the nature of the common standards
(25)
concerning both safe third country concepts as set out in this
Directive, that the practical effect of the concepts depends on
whether the third country in question permits the applicant in
question to enter its territory.

It follows from the nature of the common standards
(25)
concerning the safe third country concept as set out in this
Directive, that the practical effect of the concept depends on
whether the third country in question permits the applicant in
question to enter its territory.

Amendment 20

Recital 26

to the withdrawal of

(26) With respect
refugee status,
Member States shall ensure that the persons benefiting from
the refugee status are duly informed of a possible reconsidera-
tion of their status and have the opportunity to submit their
point of view before the authorities can take a motivated deci-
sion to withdraw their status. However, these guarantees can
be dispensed with where the reasons for the cessation of the
refugee status is not related to a change of the conditions on
which the recognition was based.

to the withdrawal of

(26) With respect
refugee status,
Member States shall ensure that the persons benefiting from
the refugee status are duly informed of a possible reconsidera-
tion of their status and have the opportunity to submit their
point of view before the authorities can take a motivated deci-
sion to withdraw their status.

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TEXT PROPOSED
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AMENDMENTS
BY PARLIAMENT

Amendment 21

Recital 27

(27)
It reflects a basic principle of Community law that the
decisions taken on an application for asylum and on the
withdrawal of a refugee status must be subject to an effective
remedy before a court or
in the meaning of
Article 234 of the Treaty establishing the European Com-
munity. The effectiveness of the remedy, also with regard to
the examination of the relevant facts, depends on the admin-
istrative and judicial system of each Member State seen as a
whole.

tribunal

(27)
It reflects a basic principle of Community law that the
decisions taken on an application for asylum and on the
withdrawal of a refugee status must be subject to an effective
remedy before a court or
in the meaning of
Article 234 of the Treaty establishing the European Com-
munity. Decisions taken on an application for asylum should
be subject to an appeal consisting of an examination of both
facts and points of law by a court of law. The applicant
should be entitled not to be expelled until a court has ruled
on the right to remain pending the outcome of that appeal.

tribunal

Amendment 22

Recital 28

(28)
In accordance with Article 64 of the Treaty estab-
lishing the European Community, this Directive does not
affect the exercise of the responsibilities incumbent upon
Member States with regard to the maintenance of law and
order and the safeguarding of internal security.

deleted

Amendment 23

Recital 29 a (new)

(29a) Directive 95/46/EC of the European Parliament and
the Council of 24 October 1995 on the protection of indivi-
duals with regard to the processing of personal data (1) and
on the free movement of such data should apply to personal
data treated in application of
this Directive. Directive
95/46/EC should also apply to the transmission of data
from Member States to the UNHCR in the exercise of its
mandate under the Geneva Convention. This transmission is
subject to an adequate level of personal data protection in
the UNHCR.

(1) OJ L 281, 23.11.1995, p. 31.

Amendment 24

Recital 29 b (new)

(29b) Member States should provide for penalties in the
event of infringement of the national provisions adopted
pursuant to this Directive.

Amendment 25

Article 1

The purpose of this Directive is to establish minimum stan-
dards on procedures in Member States for granting and with-
drawing refugee status.

The purpose of this Directive is to establish minimum stan-
dards on procedures in Member States for granting and with-
drawing refugee status which are in accordance with the
Geneva Convention and Directive 2004/83/EC.

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AMENDMENTS
BY PARLIAMENT

Amendment 26

Article 1 a (new)

Article 1a

Observance of international obligations and fundamental
rights

The Directive respects all the existing international obliga-
tions of Member States and the Charter of Fundamental
Rights of the European Union, especially Article 18, as
general principles of Community law.

Amendment 27

Article 2, point (e)

(e)

‘Determining authority’ means any quasi-judicial or
administrative body in a Member State responsible for
examining applications for asylum and competent to take
decisions at first instance in such cases, subject to Annex I;

(e)

‘Determining authority’ means any judicial or administra-
tive body in a Member State responsible for examining
applications for asylum and competent to take decisions at
first instance in such cases, subject to Annex I;

Amendment 28

Article 2, point (g)

(g)

‘Refugee Status’ means the recognition by a Member State
of a third country national or stateless person as a
refugee;

(g)

‘Refugee Status’ means the recognition by a Member State
of such status granted to the applicant;

Amendment 29

Article 2, point (h)

(h)

‘Unaccompanied minor’ means a person below the age of
eighteen who arrives in the territory of the Member States
unaccompanied by an adult
responsible for him/her
whether by law or by custom, and for as long as he/she is
it
not effectively taken into the care of such a person;
includes a minor who is left unaccompanied after he/she
has entered the territory of the Member States;

(h)

‘Unaccompanied child’ or ‘separated child’ means a
person below the age of eighteen who arrives in the terri-
tory of the Member States unaccompanied by an adult
responsible for him/her whether by law or by custom, and
for as long as he/she is not effectively taken into the care
of such a person; it includes a minor who is left unaccom-
panied after he/she has entered the territory of
the
Member States; ‘unaccompanied child’ refers to a child
who has been separated from both parents and other
‘separated
relatives or legal or customary guardians;
child’ refers to a child who is accompanied by an adult
who is unwilling or unable to assume responsibility for
long-term care of the child.

Amendment 30

Article 3, paragraph 1a (new)

This Directive shall be implemented and transposed
1a.
into national
legislation with due respect for the funda-
mental human rights and principles recognised in particular
by the Charter of Fundamental Rights of the European
Union as general principles of Community law. Interna-
tional law and United Nations agreements shall be observed.

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TEXT PROPOSED
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AMENDMENTS
BY PARLIAMENT

Amendment 31

Article 3, paragraph 1b (new)

1b.
This Directive shall be implemented and transposed
into national legislation with due respect for all the existing
international obligations of the EU and its Member States
and, in particular, the Geneva Convention and partnership
and cooperation agreements concluded with third countries.

Amendment 32

Article 3, paragraph 1c (new)

1c.
This Directive shall be applied without discrimination
of any form in accordance with Article 13 of the Treaty and
international conventions on human rights and refugee
protection.

Amendment 33

Article 3A, paragraph 1, subparagraph 1

1. Member States shall designate for all procedures a deter-
mining authority which will be responsible for an appropriate
examination of the applications in accordance with the provi-
sions of this Directive, in particular Articles 7(2) and 8.

1. Member States shall designate for all procedures a deter-
mining authority which will be responsible for an appropriate
examination of the applications in accordance with the provi-
sions of
in particular Articles 7(2), 8
and 10(1).

this Directive,

Amendment 34

Article 3A, paragraph 2, point (b)

(b) taking a decision on the application in the light of
national
security provisions, provided a determining
authority is consulted prior to this decision as to whether
the applicant qualifies as a refugee by virtue of Council
Directive 2004/83/EC;

(b) taking a decision on the application in the light of
national security provisions, whilst respecting interna-
tional conventions, the Charter of Fundamental Rights
and personal freedoms, provided a determining authority
is consulted prior to this decision as to whether the appli-
cant qualifies as a refugee by virtue of Council Directive
2004/83/EC;

Amendment 35

Article 3 a, paragraph 2, point (e)

(e) refusing permission to enter in the framework of

the
procedure provided for in Article 35(2) to (5), subject to
the conditions and as set out in these paragraphs;

(e) refusing permission to enter in the framework of

the
procedure provided for in Article 35, subject to the condi-
tions and as set out in that Article;

Amendment 36

Article 3 a, paragraph 2, point (f)

(f) establishing that an applicant is seeking to enter or has
entered in the Member State from a safe third country
pursuant to Article 35A, subject to the conditions and
as set out in this Article.

deleted

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AMENDMENTS
BY PARLIAMENT

Amendment 37

Article 3 a, paragraph 3

3. Member States shall ensure that where authorities are
designated in accordance with paragraph 2, the personnel of
such authorities have the appropriate knowledge or receive
the necessary training to fulfil their obligations when imple-
menting this Directive.

3. Member States shall ensure that where authorities are
designated in accordance with paragraph 2, the personnel of
such authorities have the appropriate knowledge and training
to fulfil their obligations when implementing this Directive.

Amendment 38

Article 4 a (new)

Article 4a

Protection from expulsion or return

No Member State shall expel or return an applicant for
asylum to a territory where his or her life or freedom would
be threatened on account of his or her race, sex, religion,
nationality, language, sexual orientation, membership of a
particular social group or minority, or political opinion, or
where he or she faces a real risk of torture or inhuman or
degrading treatment.

Amendment 39

Article 5, paragraph 1

1. Member States may require that applications for asylum
be made in person and/or at a designated place.

1. Member States may require that applications for asylum
be made in person and/or at a designated place. In specific
circumstances, Member States shall allow an application to
be submitted on behalf of an applicant by his legal represen-
tative.

Amendment 40

Article 5, paragraph 3 a (new)

3a.
Applications from unaccompanied children and other
persons in a particularly vulnerable situation shall be
considered and decided on a priority basis and in compliance
with the relevant formal and material requirements. Priority
shall also be given to the consideration and deciding of
manifestly well-founded claims.

Amendment 41

Article 5, paragraph 3 b (new)

3b. Where dependent adults consent to an application's
being lodged on their behalf, consistent with Article 3 of the
Convention on the Rights of the Child, the best interests of
the child shall be taken into account throughout the whole
asylum procedure.

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AMENDMENTS
BY PARLIAMENT

Amendment 42

Article 5, paragraph 4, introductory part

4. Member States may determine, in national legislation

4. Member States may determine, provided they act in
accordance with Article 3 of the Convention on the Rights
of the Child, in national legislation

Amendment 43

Article 5, paragraph 4, point (c)

(c) the cases in which the lodging of an application for
asylum is deemed to constitute also the lodging of an
application for asylum for any unmarried minor.

deleted

Amendment 44

Article 5, paragraph 5 a (new)

5a. Member States shall ensure that each person who
wishes to make an asylum application promptly receives
exhaustive information about the procedure and his/her
rights and obligations, in his/her own language.

Amendment 45

Article 6, paragraph 1

1.
Applicants shall be allowed to remain in the Member
State, for the sole purpose of the procedure, until such
time as the determining authority has made a decision in
accordance with the procedures at first instance set out in
Chapter III. This right to remain shall not constitute an enti-
tlement to a residence permit.

1.
Applicants shall be allowed to remain in the Member
State in which the application for asylum has been made or
is being examined until a final decision has been reached
and the appeals procedure exhausted. This right to remain
shall not constitute an entitlement to a residence permit.

Amendment 46

Article 6, paragraph 1 a (new)

1a. Member States may derogate from paragraph 1 only
when it has been established that the request is manifestly
unfounded or clearly abusive. In such cases, a court of law
or other independent authority shall review and confirm the
denial of suspensive effect, based on a review of the facts
and the likelihood of success on appeal.

Amendment 47

Article 7, paragraph 1

1. Without prejudice to Article 23(4)(i), Member States
shall ensure that applications for asylum are neither rejected
nor excluded from examination on the sole ground that they
have not been made as soon as possible.

1. Without prejudice to Article 23(4)(i), Member States
shall ensure that applications for asylum are neither rejected
nor excluded from examination on the grounds that they
have not been made as soon as possible.

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AMENDMENTS
BY PARLIAMENT

Amendment 48

Article 7, paragraph 2, point (a)

(a) applications are examined and decisions are taken indivi-

dually, objectively and impartially;

(a) applications are examined and decisions are taken indivi-
dually, objectively and impartially in accordance with this
Directive and international human rights and refugee
law;

Amendment 49

Article 7, paragraph 2, point (b)

(b) precise and up-to-date information is obtained from
various sources, such as information from the United
Nations High Commissioner for Refugees (UNHCR), as to
the general situation prevailing in the countries of origin
of applicants for asylum and, where necessary, in coun-
tries through which they have transited, and that such
information is made available to the personnel responsible
for
taking
decisions;

applications

examining

and

(b) precise and up-to-date information is obtained from
various sources, such as information from the United
Nations High Commissioner for Refugees (UNHCR) and
other civil society organisations working in the appli-
cants' countries of origin, as to the general civil, legal
and political situation, particularly with regard to respect
for human rights and fundamental freedoms, prevailing
in the countries of origin of applicants for asylum, and
that such information is made available to the personnel
responsible for examining applications and taking deci-
sions;

Amendment 50

Article 7, paragraph 2, point (c)

(c) the personnel examining applications and taking the deci-
sions have the knowledge with respect to relevant stan-
dards applicable in the field of asylum and refugee law.

(c) the personnel examining applications and taking the deci-
sions have the knowledge, training and instructions with
respect to relevant standards applicable in the field of
asylum and refugee law.

Amendment 51

Article 7, paragraph 4

4. Member States may provide for rules concerning the
translation of documents relevant
for the examination of
applications.

4. Member States shall provide for rules concerning the
translation of documents relevant
for the examination of
applications.

Amendments 52 and 53

Article 8, paragraph 1

1. Member States shall ensure that decisions on applica-
tions for asylum are given in writing.

1. Member States shall ensure that all decisions on applica-
tions for asylum are given in writing, in a language which
the applicant understands.

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AMENDMENTS
BY PARLIAMENT

Amendment 54

Article 8, paragraph 2, subparagraph 2

Member States need not state the reasons for not granting the
refugee status in the decision where the applicant is granted a
status, which offers the same rights and benefits under
national and Community law as the refugee status by virtue of
Council Directive 2004/83/EC. In these cases, Member States
shall ensure that the reasons for not granting the refugee
status are stated in the applicant's file, and that the applicant
has, upon request, access to his/her file.

Member States need not state the reasons for not granting the
refugee status in the decision where the applicant is granted a
status, which offers the same rights and benefits under
national and Community law as the refugee status by virtue of
Council Directive 2004/83/EC. In these cases, Member States
shall ensure that the reasons for not granting the refugee
status are stated in the applicant's file, and that the applicant
or his/her lawyer or legal representative has, upon request,
access to his/her file.

Amendment 55

Article 8, paragraph 2, subparagraph 3

Moreover, Member States need not provide information on
how to challenge a negative decision in writing in conjunction
with that decision where the applicant has been informed
at an earlier stage either in writing or by electronic means
accessible to the applicant of how to challenge such a
decision.

Moreover, Member States shall provide information on how
to challenge a negative decision in writing in conjunction
with that decision.

Amendment 57

Article 9, paragraph 1, point (b)

(b) they must receive the services of an interpreter for submit-
ting their case to the competent authorities whenever
necessary. Member States shall consider it necessary to
least when the determining
give these services at
authority calls upon the applicant to be interviewed as
referred to in Articles 10 and 11 and appropriate commu-
nication cannot be ensured without such services. In this
case and in other cases where the competent authorities
call upon the applicant, the services shall be paid for out
of public funds;

(b) they must receive the services of a qualified and impartial
interpreter for submitting their case to the competent
authorities whenever necessary. Member States shall guar-
antee this service during all personal interviews, appeal
hearings and other verbal communications with the
competent authorities, in particular as referred to in Arti-
cles 10 and 11 and when appropriate communication
cannot be ensured without such services. In these and in
other cases where the competent authorities call upon the
applicant, the services shall be paid for out of public
funds;

Amendment 58

Article 9, paragraph 1, point (c)

(c) they must not be denied the opportunity to communicate
with the UNHCR or with any other organisation working
on behalf of the UNHCR in the territory of the Member
State pursuant to an agreement with that Member State;

(c) they must be given an effective opportunity to communi-
cate with the UNHCR or with any other organisation
working on behalf of the UNHCR or independently with
asylum seekers in the territory of the Member State;

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AMENDMENTS
BY PARLIAMENT

Amendment 59

Article 9, paragraph 1, point (d)

(d) they must be given notice in reasonable time of the deci-
sion by the determining authority on their application for
asylum. If a legal adviser or other counsellor is legally
representing the applicant, Member States may choose to
give notice of the decision to him/her instead of to the
applicant for asylum;

(d) they must be given notice, within a time-limit which
shall not exceed six months, of the decision by the deter-
mining authority on their application for asylum. If a legal
adviser or other counsellor is legally representing the
applicant, Member States may choose to give notice of the
decision to him/her instead of to the applicant for asylum;

Amendment 181

Article 9 a, paragraph 1

1. Member States may impose upon applicants for asylum
to cooperate with the competent authorities
obligations
insofar as these obligations are necessary for the processing of
the application.

1. Member States may impose upon applicants for asylum
to cooperate with the competent authorities
obligations
insofar as these obligations are necessary for the processing of
the application. However, under no circumstances shall it be
permitted to make use of consulates or diplomatic missions
representing the authorities of third countries of which
applicants for asylum say they are or are established to be
nationals for purposes of verifying the applicants' nation-
ality.

Amendment 60

Article 9 a, paragraph 2, point (d)

(d) the competent authorities may search the applicant and

the items he/she carries with him/her;

(d) the competent authorities may ascertain that the appli-
cant does not constitute a danger and check the items he/
she carries with him/her;

Amendment 61

Article 10, paragraph 1, subparagraph 1

1.
Before a decision is taken by the determining authority,
the applicant for asylum shall be given the opportunity of a
personal interview on his/her application for asylum with a
person competent under national
law to conduct such an
interview.

1.
Before a decision is taken by the determining authority,
the applicant for asylum shall be given the opportunity of a
personal interview, if necessary in the presence of an inter-
preter and the applicant's lawyer or legal representative, on
his/her application for asylum with a person professionally
appropriate and qualified under national law governing the
procedures concerning right of asylum and refugees to
conduct such an interview. In the case of children or persons
with physical or mental limitations and pregnant women or
victims of sexual violence, specific procedural guarantees
shall be provided and, if necessary, use shall be made of
specifically qualified professionals.

Amendment 62

Article 10, paragraph 1, subparagraph 2

Member States may also give the opportunity of a personal
interview to each adult among the dependants referred to in
Article 5(3).

The dependants referred to in Article 5(3) shall also have the
right to a personal interview.

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BY PARLIAMENT

Amendment 63

Article 10, paragraph 1, subparagraph 3

Member States may determine in national legislation the cases
in which a minor shall be given the opportunity of a personal
interview.

taking into account

Member States may determine in national legislation the cases
in which a child shall be given the opportunity of a personal
interview,
the individual's level of
maturity and any psychological trauma he/she has endured.
The interviewer shall bear in mind that the child's knowl-
edge of conditions in the country of origin may, owing to
his/her age, be limited.

Amendment 64

Article 10, paragraph 2, point (a a) (new)

(aa) the competent authority is not able to conduct the
interview, because the applicant has, without good
reasons, not complied with invitations to appear;

Amendment 65

Article 10, paragraph 2, point (a b) (new)

(ab) the person has a mental or emotional disturbance

which impedes a normal examination of his/her case;

Amendment 66

Article 10, paragraph 2, point (b)

(b) the competent authority has already had a meeting with
the applicant for the purpose of assisting him/her with
filling his/her application and submitting the essential
in terms of
information regarding the application,
Article 4(2) of Council Directive 2004/83/EC; or

deleted

Amendment 67

Article 10, paragraph 2, point (c)

(c) the determining authority, on the basis of a complete
examination of information provided by the applicant,
considers the application as unfounded in the cases
where the circumstances mentioned in Article 23(4)(a),
(c), (g), (h) and (j) apply.

deleted

Amendment 68

Article 10, paragraph 3

The personal interview may also be omitted, where it
3.
is not reasonably practicable, in particular where the compe-
tent authority is of the opinion that the applicant is unfit or
unable to be interviewed owing to enduring circumstances
beyond his/her control. When in doubt, Member States may
require a medical or psychological certificate.

deleted

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AMENDMENTS
BY PARLIAMENT

Where the Member State does not provide the opportunity
for a personal
interview pursuant to this paragraph, or
where applicable, to the dependant, reasonable efforts must
be made to allow the applicant or the dependant to submit
further information.

Amendment 69

Article 10, paragraph 3 a (new)

3a. Member States shall ensure that an applicant who
cannot attend or complete a personal interview owing to the
state of his/her physical and/or psychological health,
physical or mental disability, or particular emotional distur-
bance, is given specific attention in order to safeguard the
fairness of the proceedings.

Amendment 70

Article 10, paragraph 4

4.
The absence of a personal interview in accordance with
this Article shall not prevent the determining authority from
taking a decision on an application for asylum.

4.
The absence of a personal interview in accordance with
this Article shall not prevent the determining authority from
taking a decision on an application for asylum if the absence
is for reasons connected with paragraphs 2(aa) and (ab) and
3a of this Article and Articles 20(1) and 23(4)(a), (c), (h),
and (j).

Amendment 71

Article 10, paragraph 5

The absence of a personal interview pursuant to para-
5.
graph 2(b) and (c) and paragraph 3 shall not adversely affect
the decision of the determining authority.

The absence of a personal interview shall not adversely
5.
affect the decision of the determining authority. In such cases,
each person must be given the opportunity to be represented,
by a guardian or a legal representative in the case of chil-
dren, or a counsellor or legal adviser as appropriate.

Amendment 72

Article 10, paragraph 6

6.
Irrespective of Article 20(1), Member States, when
deciding on the application for asylum, may take into account
the fact that the applicant failed to appear for the personal
interview, unless he or she had good reasons for the failure to
appear.

6.
Irrespective of Article 20(1), Member States, when
deciding on the application for asylum, may take into account
the fact that the applicant failed to appear for the personal
interview, unless he or she had good reasons for the failure to
appear, or that the interview did not take place or was termi-
nated on account of the state of the applicant's psycholo-
gical and/or physical health.

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BY PARLIAMENT

Amendment 73

Article 11, paragraph 3, point (a)

(a) ensure that the person who conducts the interview is
sufficiently competent to take account of the personal or
general
application,
including the applicant's cultural origin or vulnerability,
insofar as it is possible to do so, and

circumstances

surrounding

the

(a) ensure that the person who conducts the interview and
the interpreter have received the appropriate training
and have appropriate professional competence and the
ability to make a fair and accurate assessment of the
personal or general circumstances surrounding the appli-
cation, including the applicant's cultural origin or vulner-
ability, and

Amendment 74

Article 11, paragraph 3, point (b)

(b) select an interpreter who is able to ensure appropriate
communication between the applicant and the person
who conducts the interview. The communication need not
necessarily take place in the language preferred by the
applicant for asylum if there is another language which
he/she may reasonably be supposed to understand and in
which he/she is able to communicate in.

(b) select an interpreter who is able to ensure appropriate
communication between the applicant and the person
who conducts the interview. The communication need not
necessarily take place in the language preferred by the
applicant for asylum if there is another language which
he/she understands and is able to communicate in.

Amendment 75

Article 11, paragraph 4

4. Member States may provide for rules concerning the
presence of third parties at the personal interview.

4. Member States shall provide for rules concerning the
presence of third parties at the personal interview, provided
such rules are in accordance with international standards.

Amendment 76

Article 12, paragraph 1

1. Member States shall ensure that a written report is made
of every personal interview, containing at least the essential
information regarding the application, as presented by the
in terms of Article 4(2) of Council Directive
applicant,
2004/83/EC.

1. Member States shall ensure that a written report is made
interview, containing the information
of every personal
regarding the application as presented by the applicant,
in
terms of Article 4(2) of Council Directive 2004/83/EC.

Amendment 77

Article 12, paragraph 2

2. Member States shall ensure that applicants have timely
access to the report of the personal interview. Where access is
only granted after the decision of the determining authority,
Member States shall ensure that access is possible as soon as
necessary for allowing an appeal to be prepared and lodged in
due time.

2. Member States shall ensure that applicants have timely
access to the report of the personal interview in a language
they understand or in another form considered appropriate.
Where access is only granted after the decision of the deter-
mining authority, Member States shall ensure that access is
possible as soon as necessary for allowing an appeal to be
prepared and lodged in due time.

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AMENDMENTS
BY PARLIAMENT

Amendment 78

Article 12, paragraph 3, subparagraph 1

3. Member states may request the applicant's approval on
the contents of the report of the personal interview.

3. Member States shall request that the applicant verify
the contents of the report of the personal interview, in order
to avoid misunderstandings or contradictions or invalidation
of the application at a later date.

Amendment 79

Article 12, paragraph 3, subparagraph 2

Where an applicant refuses to approve the contents of the
report, the reasons for this refusal shall be entered into the
applicant's file.

Where an applicant refuses to verify the contents of the
report, the reasons for this refusal shall be entered into the
applicant's file.

Amendments 80 and 81

Article 12, paragraph 3, subparagraph 3

The refusal of an applicant to approve the contents of the
report of the personal interview shall not prevent the deter-
mining authority from taking a decision on his/her applica-
tion.

interview may not prevent

Approval of the asylum applicant shall be requested. The
refusal of an applicant to verify the contents of the report of
the personal
the determining
authority from taking a decision on his/her application.
However, the applicant's refusal to verify the contents of the
report shall be taken into account when those contents are
considered.

Amendment 82

Article 13, paragraph 1

1. Member States shall allow applicants for asylum at
their own cost the opportunity to consult in an effective
manner a legal adviser or other counsellor, admitted or
permitted as such under national law, on matters relating to
their asylum applications.

1.
Applicants for asylum shall be given the opportunity to
consult in an effective manner a legal adviser or other coun-
sellor, admitted or permitted as such under national law, on
matters relating to their asylum applications at all stages of
the procedure, including following a negative decision.

Amendment 83

Article 13, paragraph 3, subparagraph 1, introductory part

3. Member States may provide in their national legisla-
tion that free legal assistance and/or representation be
granted:

3. Where the applicant has insufficient resources to pay
for assistance provided by a legal advisor or other counsellor,
as referred to in paragraph 1, Member States shall ensure
that such assistance is provided free of charge or at least in
accordance with national rules on legal aid or financial
assistance. Member States shall also ensure that any such
assistance is equivalent to that which is available to their
own nationals in legal or administrative procedures.

Amendment 84

Article 13, paragraph 3, subparagraph 1, point (a)

(a) only for the procedures before a court or tribunal in
accordance with Chapter V and not to any onward
appeals or reviews provided for under national
law,
including a rehearing of an appeal following an onward
appeal or review; and/or

deleted

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BY PARLIAMENT

Amendment 85

Article 13, paragraph 3, subparagraph 1, point (b)

(b) only to those who lack sufficient resources; and/or

deleted

Amendment 86

Article 13, paragraph 3, subparagraph 1, point (c)

(c) only to legal advisers or other counsellors specifically
law to assist and/or represent

designated by national
applicants for asylum; and/or

deleted

Article 13, paragraph 3, subparagraph 1, point (d), and subparagraph 2

Amendment 87

(d) only if the appeal or review is likely to succeed.

deleted

Member States shall ensure that legal assistance and/or
representation granted under subparagraph (d) is not arbi-
trarily restricted

Amendment 88

Article 13, paragraph 4

Rules concerning the modalities for filing and proces-

4.
sing such requests may be provided by Member States.

deleted

Amendment 89

Article 13, paragraph 5, point (a)

(a)

impose monetary and/or time limits on the provision of
free legal assistance and /or representation provided that
such limits do not arbitrarily restrict access to legal assis-
tance and/or representation.

(a)

limit the amount of legal assistance to the average costs
of legal assistance for each relevant step in the asylum
procedure provided that such limits do not arbitrarily
restrict access to legal assistance and/or representation.

Amendment 90

Article 14, paragraph 1, subparagraph 1

1. Member States shall ensure that a legal adviser or other
counsellor admitted or permitted as such under national law
who assists or represents an applicant for asylum under the
terms of national law shall enjoy access to such information
in the applicant's file as is liable to be examined by the
authorities referred to in Chapter V, insofar as the informa-
tion is relevant to the examination of the application.

1. Member States shall ensure that a legal adviser or other
counsellor admitted or permitted as such under national law
who assists or represents an applicant for asylum under the
terms of national law shall enjoy access to information in the
applicant's file.

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AMENDMENTS
BY PARLIAMENT

Amendment 91

Article 14, paragraph 1, subparagraph 2

Member States may make an exception where disclosure of
information or sources would jeopardise national security, the
security of the organisations or persons providing the infor-
mation or the security of the person(s) to whom the informa-
tion relates or where the investigative interests relating to the
examination of applications of asylum by the competent
authorities of the Member States or the international relations
of the Member States would be compromised. In these cases,
access to the information or sources in question must be avail-
able to the authorities referred to in Chapter V, except where
such access is precluded in national security cases.

Member States may make an exception where disclosure of
information or sources would jeopardise national security, the
security of the organisations or persons providing the infor-
mation or the security of the person(s) to whom the informa-
tion relates or where the investigative interests relating to the
examination of applications of asylum by the competent
authorities of the Member States or the international relations
of the Member States would be compromised. In these cases,
access to the information or sources in question must be avail-
able to the authorities referred to in Chapter V, except where
such access is precluded in clearly defined national security
cases.

Amendment 92

Article 14, paragraph 2

2. Member States shall ensure that the legal adviser or
other counsellor who assists or represents an applicant for
asylum has access to closed areas, such as detention facilities
and transit zones, for the purpose of consulting that applicant.
Member States may only limit the possibility to visit appli-
cants in closed areas where such limitation is, by virtue of
national
legislation, objectively necessary for the security,
public order or administrative management of the area or to
ensure an efficient examination of the application, provided
that access by the legal adviser or other counsellor is not
thereby severely limited or rendered impossible.

2. Member States shall ensure that the legal adviser or
other counsellor who assists or represents an applicant for
asylum has full access to closed areas, such as detention facil-
ities and transit zones, for the purpose of consulting that
applicant. Member States may only limit the possibility to visit
applicants in closed areas where such limitation is, by virtue
of national legislation, objectively necessary for security and
public order, provided that access by the legal adviser or other
counsellor is not thereby severely limited or rendered impos-
sible and that, in any event, the letter and case-law of the
European Convention on Human Rights and Fundamental
Freedoms are fully respected.

Amendment 93

Article 15, paragraph 1, point (b)

(b) ensure that the representative is given the opportunity to
inform the unaccompanied minor about the meaning and
interview and,
possible consequences of
where appropriate, how to prepare himself/herself for the
personal interview. Member States shall allow the repre-
sentative to be present at that interview and to ask ques-
tions or make comments, within the framework set by
the person who conducts the interview.

the personal

(b) ensure that the representative is given the opportunity to
inform the unaccompanied child about the meaning and
interview and,
possible consequences of
where appropriate, how to prepare himself/herself for the
personal interview. Member States shall allow the repre-
sentative to be present at that interview and to ask ques-
tions or make comments.

the personal

Amendment 94

Article 15, paragraph 2, point (a)

(a) will in all likelihood reach the age of maturity before a

deleted

decision at first instance is taken; or

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BY PARLIAMENT

(c) is married or has been married.

deleted

Amendment 95

Article 15, paragraph 2, point (c)

Amendment 96

Article 15, paragraph 3

3. Member States may, in accordance with laws and regu-
lations in force at the time of the adoption of this Directive,
also refrain from appointing a representative where
the unaccompanied minor is 16 years old or older, unless
he/she is unable to pursue his/her application without a
representative.

deleted

Amendment 97

Article 15, paragraph 5 a (new)

Persons claiming to be children shall be provisionally

5a.
treated as such, until their age has been determined.

Amendment 98

Article 15, paragraph 6

6.
The best interests of the child shall be a primary consid-
eration for Member States when implementing the provisions
of this Article.

6.
The best interests of the child shall be a primary consid-
eration for Member States when implementing the provisions
of this Directive.

Amendment 99

Article 17

1. Member States shall not hold a person in detention for
the sole reason that he/she is an applicant for asylum.

2. Where an applicant for asylum is held in detention,
Member States shall ensure that there is the possibility of
speedy judicial review.

1.
In principle, Member States shall not hold applicants
for asylum in detention or in a closed reception centre. Alter-
to detention and non-custodial measures must
natives
always be considered before resorting to detention.

2.
No applicant for asylum may be detained unless it has
been established that the detention is necessary, lawful and
justified on one of the grounds recognised as legitimate by
international standards. Applicants for asylum may only be
detained in facilities clearly distinct from prisons.

Access to effective legal assistance, the services of
2a.
competent, qualified and impartial interpreters and to quali-
fied medical personnel shall be granted to applicants for
asylum on a systematic basis.

Persons deprived of their liberty shall be given an
2b.
adequate opportunity to have their detention reviewed as
regards both its legality and its necessity, by means of a
prompt, fair, individual hearing before a judicial or other
similar authority the status and tenure of which afford the
impartiality
strongest possible guarantees of competence,
and independence.

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BY PARLIAMENT

2c.
Unaccompanied children may not be detained on the
ground of their immigration status. Alternative measures to
detention must be considered in the case of persons
belonging to vulnerable categories, such as unaccompanied
elderly persons, victims of torture or trauma, and persons
with a mental or physical disability. As a general rule,
Member States shall ensure that pregnant women in the
final months of pregnancy and women who are breast-
feeding are not detained.

Amendment 100

Article 20, paragraph 1, subparagraph 1

1. When there is reasonable cause to consider that an
applicant for asylum has implicitly withdrawn or abandoned
his/her application for asylum, Member States shall ensure
the determining authority takes a decision either to
that
discontinue the examination or to reject the application on
the basis that the applicant has not established an entitle-
ment to refugee status in accordance with Council Directive
2004/83/EC.

1. When there is reasonable cause to consider that an
applicant for asylum has implicitly withdrawn or abandoned
his/her application for asylum, Member States shall ensure
that the determining authority takes a decision to discontinue
the examination and, as a result, to close the file on the
applicant.

Amendment 101

Article 20, paragraph 2, subparagraph 2

Member States may provide for a time limit after which the
applicant's case can no longer be reopened.

deleted

Amendment 102

Article 21, paragraph 1

1. Member States shall allow the UNHCR:

1. Member States are obliged to allow the UNHCR:

(a) to have access to applicants for asylum, including those in

(a) to have access to applicants for asylum, including those in

detention and in airport or port transit zones;

detention and in airport or port transit zones;

(b) to have access to information on individual applications
for asylum, on the course of the procedure and on the
decisions taken, provided that the applicant for asylum
agrees thereto;

(b) to have access to information on individual applications
for asylum, on the course of the procedure and on the
decisions taken, provided that the applicant for asylum
agrees thereto;

(c) to present its views,

in the exercise of its supervisory
responsibilities under Article 35 of the Geneva Conven-
tion, to any competent authorities regarding individual
applications for asylum at any stage of the procedure.

(c) to present its views,

in the exercise of its supervisory
responsibilities under Article 35 of the Geneva Conven-
tion, to any competent authorities regarding individual
applications for asylum at any stage of the procedure.

Amendment 103

Article 21, paragraph 2

2.
Paragraph 1 shall also apply to an organisation which is
working in the territory of the Member State on behalf of
the UNHCR pursuant to an agreement with that Member
State.

2.
Paragraph 1 shall also apply to an organisation which is
working on behalf of the UNHCR, subject to the agreement
of the Member State.

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BY THE COUNCIL

AMENDMENTS
BY PARLIAMENT

Amendment 104

Article 22, point (a)

(a) directly disclose the information regarding individual
applications for asylum, or the fact that an application has
been made, to the alleged actor(s) of persecution of the
applicant for asylum.

(a) disclose the information regarding individual applications
for asylum, or the fact that an application has been made,
to the alleged actor(s) of persecution of the applicant for
asylum.

Amendment 105

Article 22, point (b)

(b) obtain any information from the alleged actor(s) of perse-
cution in a manner that would result in such actor(s)
being directly informed of the fact that an application
has been made by the applicant in question, and would
jeopardise the physical integrity of the applicant and
his/her dependants, or the liberty and security of his/her
family members still living in the country of origin.

(b) obtain any information from the alleged actor(s) of

persecution.

Amendment 106

Article 23, paragraph 2, subparagraph 1

2. Member States shall ensure that such a procedure is
concluded as soon as possible, without prejudice to an
adequate and complete examination.

2. Member States shall ensure that such a procedure is
concluded as soon as possible and within no later than six
months, without prejudice to an adequate and complete
examination.

Amendment 107

Article 23, paragraph 2, point (b)

(b) receive, upon his/her

information on the
request,
time-frame within which the decision on his/her applica-
tion is to be expected. Such information shall not consti-
tute an obligation for the Member State towards the
applicant concerned to take a decision within that time
frame.

(b) receive, upon his/her

information on the
request,
time-frame within which the decision on his/her applica-
tion is to be expected, which shall not exceed three
months.

Amendment 108

Article 23, paragraph 3 a (new)

3a. Member States shall apply the regular procedure to
particularly vulnerable persons, including separated children
and persons who may have experienced trauma or sexual
violence.

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AMENDMENTS
BY PARLIAMENT

Amendment 109

Article 23, paragraph 4, point (a)

(a) the applicant

application and
in submitting his/her
presenting the fact, has only raised issues that are not rele-
vant or of minimal relevance to the examination of
whether he/she qualifies as a refugee by virtue of Council
Directive 2004/83/EC; or

(a) the applicant

application and
in submitting his/her
presenting the fact, has only raised issues that are not rele-
vant to the examination of whether he/she qualifies as a
refugee by virtue of Council Directive 2004/83/EC; or

Amendment 111

Article 23, paragraph 4, point (d)

(d) the applicant has misled the authorities by presenting false
information or documents or by withholding relevant
information or documents with respect to his/her identity
and/or nationality that could have had a negative impact
on the decision; or

(d) the applicant, with fraudulent intent, has misled the
authorities by presenting false documents with respect to
his/her identity and/or nationality; or

Amendment 112

Article 23, paragraph 4, point (e)

(e) the applicant has filed another application for asylum

stating other personal data; or

(e) the applicant, with fraudulent intent, has filed another
application for asylum stating other personal data; or

Amendment 113

Article 23, paragraph 4, point (f)

(f) the applicant has not produced information to establish
with a reasonable degree of certainty his/her identity or
nationality, or,
in bad faith, he/she has
destroyed or disposed of an identity or travel document
that would have helped establish his/her identity or nation-
ality; or

it is likely that,

(f) the applicant, with fraudulent intent, has not produced
information to establish with a reasonable degree of
certainty his/her identity or nationality, or, it is likely that,
in bad faith, he/she has destroyed or disposed of an iden-
tity or travel document that would have helped establish
his/her identity or nationality; or

Amendment 114

Article 23, paragraph 4, point (g)

(g) the applicant has made inconsistent, contradictory, unli-
kely or insufficient representations which make his/her
claim clearly unconvincing in relation to his/her having
being the object of persecution under Council Directive
2004/83/EC; or

deleted

Amendment 115

Article 23, paragraph 4, point (o)

(o) the application was made by an unmarried minor to
whom Article 5(4)(c) applies after the application of the
parents or parent responsible for the minor has been
rejected by a decision and no relevant new elements were
raised with respect to his/her particular circumstances or
to the situation in his/her country of origin.

(o) the

application was made by a child to whom
Article 5(4)(c) applies after the application of the parents
or parent responsible for the child has been rejected by a
decision and no relevant new elements were raised with
respect to his/her particular circumstances or to the situa-
tion in his/her country of origin.

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BY THE COUNCIL

AMENDMENTS
BY PARLIAMENT

Amendment 116

Article 23, paragraph 4 a (new)

4a. Member States shall take into consideration comple-
mentary/subsidiary protection needs when the procedure has
been prioritised or accelerated in accordance with paragraph
4(a) to (o).

Specific procedures

Amendment 117

Article 24

deleted

1. Member States may moreover provide for the following
specific procedures derogating from the basic principles and
guarantees of Chapter II:

(a) a preliminary examination for the purpose of processing
cases considered within the framework of the provisions
set out in Section IV;

(b) procedures for the purpose of processing cases consid-

ered within the framework set out in Section V.

2. Member States may also provide a derogation in
respect of Section VI.

Amendment 118

Article 25, paragraph 1 a (new)

1a.
All applications for international protection shall
first be assessed on the basis of the definition of refugee
contained in the Geneva Convention and, only if those
criteria are not fulfilled, on the basis of the requirements for
subsidiary protection.

Amendment 119

Article 25, paragraph 2, introductory part

2. Member States may consider an application for asylum
as inadmissible pursuant to this Article if:

2. Without prejudice to paragraph 1a, Member States may
consider an application for asylum as inadmissible pursuant to
this Article if:

Amendment 120

Article 25, paragraph 2, point (c)

(c) a country which is not a Member State is considered as
a safe third country for the applicant, pursuant to
Article 27;

deleted

(f) the applicant has lodged an identical application after a

deleted

final decision;

Amendment 121

Article 25, paragraph 2, point (f)

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AMENDMENTS
BY PARLIAMENT

Amendment 122

Article 25, paragraph 2, point (f a) (new)

(fa) the applicant, when about to be expelled from the terri-
tory in which he or she is residing illegally, appeals to
be granted asylum.

Amendment 123

Article 27, paragraph 1, introductory part

1. Member States may apply the safe third country concept
only where the competent authorities are satisfied that a
person seeking asylum will be treated in accordance with the
following principles in the third country concerned:

1. Member States may apply the safe third country concept
only where the third country fulfils the following criteria:

Amendment 124

Article 27, paragraph 1, point (a)

(a)

life and liberty are not threatened on account of race,
religion, nationality, membership of a particular social
group or political opinion; and

(a) ratification and implementation in practice of

the
Geneva Convention and other
international human
rights treaties, in particular with reference to the prin-
ciple of non-refoulement; and

Amendment 125

Article 27, paragraph 1, point (b)

(b) the principle of non-refoulement in accordance with the

(b) the principle of non-refoulement in accordance with the

Geneva Convention is respected; and

Geneva Convention is in particular respected; and

Amendment 126

Article 27, paragraph 2, point (a)

(a) rules requiring a connection between the person seeking
asylum and the third country concerned based on which it
would be reasonable for that person to go to that country;

(a) rules requiring a meaningful

link between the person
seeking asylum and the third country concerned based on
which it would be reasonable for that person to go to that
country;

Amendment 127

Article 27, paragraph 2, point (c)

(c) rules,

in accordance with international

law, allowing an
individual examination of whether
the third country
concerned is safe for a particular applicant which, as a
minimum, shall permit the applicant to challenge the
application of the safe third country concept on the
grounds that he/she would be subjected to torture, cruel,
inhuman or degrading treatment or punishment.

(c) rules, in accordance with international law and, specifi-
the Geneva Convention, allowing an individual
cally,
examination of whether the third country concerned is
safe for a particular applicant.

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AMENDMENTS
BY PARLIAMENT

Amendment 128

Article 27, paragraph 2, point (c a) (new)

(ca) rules allowing applicants for asylum to rebut

the
presumption of safety, including in the first instance,
even if the asylum application is subject to a prioritised
or accelerated procedure.

Amendment 129

Article 27, paragraph 4

4. Where the third country does not permit the applicant
for asylum in question to enter its territory, Member States
shall ensure that access to a procedure is given in accordance
and guarantees described in
with the basic principles
Chapter II.

4. Where the third country does not permit the applicant
for asylum in question to enter its territory, Member States
shall ensure that access to an asylum procedure is given in
accordance with the basic principles and guarantees described
in Chapter II.

Amendment 130

Article 29, paragraph –1 (new)

–1. Member States may reject an application for asylum as
manifestly unfounded if the competent authority has estab-
lished that the applicant, in submitting his application and
presenting the facts, has only raised issues
that are
obviously not relevant to the Geneva Convention.

Amendment 131

Article 29, paragraph 2

In the cases mentioned in Article 23(4)(b) and in cases
2.
of unfounded applications for asylum in which any of the
circumstances listed in Article 23(4)(a) and (c) to (o) apply,
Member States may also consider an application, if it is so
defined in the national legislation, as manifestly unfounded.

deleted

Amendment 132

Article 30, title

Minimum common list of third countries as safe countries
of origin

Common list of third countries as safe countries of origin

Amendment 133

Article 30, paragraph 1

1.
The Council shall, acting by a qualified majority on a
proposal from the Commission and after consultation of the
European Parliament, adopt a minimum common list of
third countries that shall be regarded by Member States as
safe countries of origin in accordance with Annex II.

1.
The Council shall, acting in accordance with the proce-
dure referred to in Article 251 of the Treaty, adopt a
common list of
third countries that may be regarded by
Member States as safe countries of origin in accordance with
Annex B.

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AMENDMENTS
BY PARLIAMENT

Amendment 134

Article 30, paragraph 2

2.
The Council may, acting by a qualified majority on a
proposal from the Commission and after consultation of the
European Parliament, amend the minimum common list by
adding or
in accordance with
Annex II. The Commission shall examine any request made
by the Council or by a Member State that
it submits a
proposal to amend minimum common list.

removing third countries,

2.
The Council may, acting in accordance with the proce-
dure referred to in Article 251 of the Treaty, amend the
common list by adding or
in
accordance with Annex B. The Commission shall examine
any request made by the European Parliament, the Council
or a Member State that it submit a proposal to amend the
common list.

removing third countries,

Amendment 135

Article 30, paragraph 3

3. When making its proposal under paragraphs 1 or 2, the
Commission shall make use of information from the Member
States, its own information and, where necessary, information
from UNHCR, the Council of Europe and other relevant inter-
national organisations.

3. When making its proposal under paragraphs 1 or 2, the
Commission shall make use of information from the Euro-
pean Parliament and the Member States, its own information
and information from UNHCR, the Council of Europe and
other relevant international organisations.

Amendment 136

Article 30, paragraph 4

4. Where the Council requests the Commission to submit a
proposal for removing a third country from the minimum
common list, the obligation of Member States pursuant to
Article 30B(2) shall be suspended with regard to this third
country as of
the day following the Council decision
requesting such a submission.

4. Where the European Parliament or the Council requests
the Commission to submit a proposal for removing a third
country from the common list, the right of Member States
pursuant to Article 30B(2) shall be suspended with regard to
this third country as of
the day following the European
Parliament or Council decision requesting such a submission.

Amendment 137

Article 30, paragraph 5

5. Where a Member State requests the Commission to
submit a proposal to the Council for removing a third country
from the minimum common list, that Member State shall
notify the Council
in writing of the request made to the
Commission. The obligation of this Member State pursuant to
Article 30B(2) shall be suspended with regard to the third
country as of the day following the notification of the request
to the Council.

5. Where the European Parliament or a Member State
requests the Commission to submit a proposal to the Council
for removing a third country from the common list, the Euro-
pean Parliament or that Member State shall notify the
Council in writing of the request made to the Commission.
The right of this Member State pursuant to Article 30B(2)
shall be suspended with regard to the third country as of the
day following the notification of the request to the Council.

Amendment 138

Article 30, paragraph 7

7.
The suspensions under paragraphs 4 and 5 shall end
after three months, unless the Commission makes a proposal,
before the end of this period, to withdraw the third country
from the minimum common list. The suspensions shall end in
any case where the Council
rejects, a proposal by the
Commission to withdraw the third country from the list.

7.
The suspensions under paragraphs 4 and 5 shall end
after three months, unless the Commission makes a proposal,
before the end of this period, to withdraw the third country
from the common list. The suspensions shall end in any case
where the European Parliament or the Council rejects a
proposal by the Commission to withdraw the third country
from the list.

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AMENDMENTS
BY PARLIAMENT

Amendment 139

Article 30, paragraph 8

Upon request by the Council,

the Commission shall
8.
report
to the Council and the European Parliament on
whether the situation of a country on the minimum common
list is still in conformity with Annex II. When presenting its
report
the
Commission may make such recommendations or proposals
as it deems appropriate.

to the Council and the European Parliament,

8.
Upon request by the European Parliament or the
Council, the Commission shall report to the Council and the
European Parliament on whether the situation of a country on
the common list is still in conformity with Annex B. When
presenting its report to the Council and the European Parlia-
ment, the Commission may make such recommendations or
proposals as it deems appropriate.

Article 30a

deleted

Amendments 140 and 189

Article 30 a

National designation of third countries as safe countries of
origin

1. Without prejudice to Article 30, Member States may
retain or introduce legislation that allows,
in accordance
with Annex II, for the national designation of third coun-
tries other than those appearing on the minimum common
list, as safe countries of origin for the purpose of examining
applications for asylum. This may include designation of
part of a country as safe where the conditions in Annex II
are fulfilled in relation to that part.

2.
By derogation to paragraph 1, Member States may
retain legislation in force at the time of adoption of this
Directive that allows for the national designation of third
countries, other than those appearing on the minimum
common list, as safe countries of origin for the purposes of
examining applications for asylum where they are satisfied
that persons in the third countries concerned are generally
neither subject to:

(a) persecution as defined in Article 9 of Council Directive

2004/83/EC; nor

(b) torture or inhuman or degrading treatment or punish-

ment.

3. Member States may also retain legislation in force at
the time of the adoption of this Directive that allows for the
national designation of part of a country as safe or a
country or part of a country as safe for a specified group of
persons in that country where the conditions in paragraph 2
are fulfilled in relation to that part or group.

4.
In assessing whether a country is a safe country of
origin in accordance with paragraphs 2 and 3, Member
States shall have regard to the legal situation, the applica-
tion of the law and the general political circumstances in the
third country concerned.

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AMENDMENTS
BY PARLIAMENT

5.
The assessment of whether a country is a safe country
of origin in accordance with this Article shall be based on a
including in particular
range of sources of information,
information from other Member States, the UNHCR, the
Council
international
organisations.

of Europe

relevant

other

and

6. Member States shall notify to the Commission the
countries that are designated as safe countries of origin in
accordance with the provisions of this Article.

Amendment 141

Article 30 b, paragraph 1, introductory part

1.
A third country designated as a safe country of origin
either in accordance with the provisions of Article 30 or 30A
can, after an individual examination of the application, be
considered as a safe country of origin for a particular appli-
cant for asylum only if:

1.
A third country designated as a safe country of origin in
accordance with the provisions of Article 30 can, after an
individual examination of the application, be considered as a
safe country of origin for a particular applicant for asylum
only if:

Amendment 143

Article 30 b, paragraph 2

2. Member States shall, in accordance with paragraph 1,
consider the application for asylum as unfounded where the
third country is designated as safe pursuant to Article 30.

2. Member States may,
in accordance with paragraph 1,
consider the application for asylum as unfounded where the
third country is designated as
the particular
applicant.

safe for

Amendment 144

Article 30 b, paragraph 3

3. Member States shall
legislation
further rules and modalities for the application of the safe
country of origin concept.

lay down in national

lay down in national

3. Member States shall
legislation
further rules and modalities for the application of the safe
country of origin concept, in accordance with international
law, and shall duly notify the Commission of any further
rules and modalities.

Amendment 145

Article 33, paragraph 1

1. Where a person who has applied for asylum in a
Member State makes further representations or a subsequent
application in the same Member State, that Member State may
examine these further representations or the elements of the
subsequent application in the framework of the examination
of the previous application or in the framework of the exami-
nation of the decision under review or appeal insofar as the
competent authorities can take into account and consider all
the elements underlying the further representations or subse-
quent application within this framework.

1. Where a person who has applied for asylum in a
Member State makes further representations or a subsequent
application in the same Member State, that Member State
shall examine these further representations or the elements of
the subsequent application in the framework of the examina-
tion of the previous application or in the framework or the
examination of the decision under review or appeal insofar as
the competent authorities can take into account and consider
all
the elements underlying the further representations or
subsequent application within this framework.

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AMENDMENTS
BY PARLIAMENT

Amendment 146

Article 33, paragraph 2, introductory part

2. Moreover, Member States may apply a specific proce-
dure as referred to in paragraph 3, where a person makes a
subsequent application for asylum:

2. Moreover, Member States may apply a specific proce-
dure as referred to in paragraph 3, where a person makes a
subsequent application for asylum, provided that the initial
application is not currently open to appeal:

Amendment 147

Article 34, paragraph 1

1. Member States shall ensure that applicants for asylum
whose application is subject to a preliminary examination
listed in
to Article 33 enjoy the guarantees
pursuant
Article 9(1).

1. Member States shall ensure that applicants for asylum
whose application is subject to a preliminary examination
listed in
to Article 33 enjoy the guarantees
pursuant
Article 9(1) and that
in principle,
subject to the minimum procedural standards laid down in
this Directive.

that examination is,

Amendment 149

Article 35, paragraph 1

1. Member States may provide for procedures, in accord-
ance with the basic principles and guarantees of Chapter II, in
order to decide, at the border or transit zones of the Member
State, on the applications made at such locations.

1. Member States may provide for procedures, in compli-
ance with international conventions and in accordance with
the basic principles and guarantees of Chapter II, in order to
decide, at the border or transit zones of the Member State, on
the applications made at such locations.

Amendment 150

Article 35, paragraph 1 a (new)

1a. Member States shall ensure that a decision to refuse
entry to the territory of a Member State for a reason arising
from the application for asylum is taken within two weeks,
subject to an extension of the time limit for no more than
two weeks agreed upon by a competent judicial body in a
procedure prescribed by law.

Amendment 151

Article 35, paragraph 1 b (new)

1b.
Non-compliance with the time limits provided for in
paragraph 1a shall result in the applicant for asylum being
granted entry to the territory of the Member State in order
for his application to be processed in accordance with the
relevant provisions of this Directive. Member States shall
ensure that applicants for asylum who are refused entry in
accordance with this procedure enjoy the guarantees laid
down in Chapter V.

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AMENDMENTS
BY PARLIAMENT

Amendment 152

Article 35, paragraph 1 c (new)

1c.
A refusal of entry into the territory may not override
the decision on the application for asylum after an examina-
tion based on the facts of the case by authorities competent
in the field of asylum and refugee law.

Amendment 153

Article 35, paragraph 2

2.
However, when procedures as set out in paragraph 1
do not exist, Member States may maintain, subject to the
provisions of this Article and in accordance with the laws or
regulations in force at the time of the adoption of this
Directive, procedures derogating from the basic principles
and guarantees described in Chapter II, in order to decide, at
the border or in transit zones, on the permission to enter
their territory of applicants for asylum who have arrived
and made an application for asylum at such locations.

deleted

Amendment 154

Article 35, paragraph 3

The procedures referred to in paragraph 2 shall ensure

3.
in particular that the persons concerned:

deleted

- shall be allowed to remain at the border or transit zones
of the Member State, without prejudice to Article 6;
and

- must be immediately informed of their rights and obliga-

tions, as described in Article 9 (1) (a); and

- have access, if necessary, to the services of an interpreter,

as described in Article 9 (1) (b); and

- are interviewed, before the competent authority takes a
decision in such procedures, in relation to their application
for asylum by persons with appropriate knowledge of the
relevant standards applicable in the field of asylum and
refugee law, as described in Articles 10 to 12; and

- can consult a legal adviser or counsellor admitted or
law, as described in

permitted as such under national
Article 13 (1); and

- ave a representative appointed in the case of unaccompa-
nied minors, as described in Article 15 (1), unless Article
15(2) or (3) applies.

Moreover, in case permission to enter is refused by a compe-
this competent authority shall state the
tent authority,
reasons in fact and in law why his/her application for
asylum is considered as unfounded or as inadmissible.

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AMENDMENTS
BY PARLIAMENT

Amendment 155

Article 35, paragraph 4

4. Member States shall ensure that a decision in the
framework of the procedures provided for in paragraph 2 is
taken within a reasonable time. When a decision has not
been taken within four weeks, the applicant for asylum shall
be granted entry to the territory of the Member State in
order for his/her application to be processed in accordance
with the other provisions of this Directive.

deleted

Amendment 156

Article 35, paragraph 5

deleted

In the event of particular types of arrivals or arrivals
5.
involving a large number of third country nationals or state-
less persons lodging applications for asylum at the border or
in a transit zone, which makes it practically impossible to
apply there the provisions of paragraph 1 or the specific
procedure set out in paragraphs 2 and 3, those procedures
may also be applied where and for as long as these third
country nationals or stateless persons are accommodated
normally at locations in proximity to the border or transit
zone.

Article 35 a

Amendment 157

Article 35 a

deleted

1. Member States may provide that no, or no full, exami-
nation of the asylum application and of the safety of the
applicant in his/her particular circumstances as described in
Chapter II takes place in cases where a competent authority
has established, on the basis of the facts, that the applicant
for asylum is seeking to enter or has entered illegally into
its territory from a safe third country according to para-
graph 2.

A third country can only be considered as a safe third

2.
country for the purpose of paragraph 1 where:

(a) it has ratified and observes the provisions of the Geneva
limitations;
any

geographical

Convention without
and

(b) it has in place an asylum procedure prescribed by law;

and

(c) it has ratified the European Convention for the Protec-
tion of Human Rights and Fundamental Freedoms and it
observes its provisions, including the standards relating
to effective remedies; and

(d) it has been so designated by the Council in accordance

with paragraph 3.

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AMENDMENTS
BY PARLIAMENT

3.
The Council shall, acting by qualified majority on the
proposal of the Commission and after consultation of the
European Parliament, adopt or amend a common list of
third countries that shall be regarded as safe third countries
for the purposes of paragraph 1.

4. Member States concerned shall lay down in national
law the modalities for implementing the provisions of para-
graph 1 and the consequences of decisions pursuant to those
provisions in accordance with the principle of non-refoule-
ment under the Geneva Convention including providing for
exceptions from the application of this Article for humani-
tarian or political reasons or for reasons of public interna-
tional law.

5. When implementing a decision solely based on this
Article, Member States concerned shall:

(a) inform the applicant accordingly; and

(b) provide him/her with a document informing the authori-
ties of the third country,
in the language of that
country, that the application has not been examined in
substance.

6. Where the safe third country does not readmit the
applicant for asylum in question, Member States shall
ensure that access to a procedure is given in accordance with
the basic principles and guarantees described in Chapter II.

7. Member States which have designated third countries
as safe countries in accordance with national legislation in
force at the date of the adoption of this Directive and on the
basis of the criteria in paragraph 2(a) to (c), may apply
paragraph 1 to these third countries until such time as the
Council has adopted the common list pursuant to para-
graph 3.

Amendment 158

Article 36

Member States shall ensure that an examination may be
started to withdraw the refugee status of a particular person
when new elements or findings arise indicating that there
are reasons to reconsider the validity of his/her refugee
status.

Member States may begin to withdraw the refugee status of a
particular person if:

Amendment 159

Article 36, point (a) (new)

(a) the applicant has voluntarily re-availed himself/herself
of the protection of the country of his/her nationality;
or

Amendment 160

Article 36, point (b) (new)

(b) having lost his or her nationality, the applicant has

voluntarily reacquired it; or

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Official Journal of the European Union

21.9.2006

Tuesday, 27 September 2005

TEXT PROPOSED
BY THE COUNCIL

AMENDMENTS
BY PARLIAMENT

Amendment 161

Article 36, point (c) (new)

(c) the applicant has acquired a new nationality, and enjoys
the protection of the country of the new nationality; or

Amendment 162

Article 36, point (d) (new)

(d) the applicant has voluntarily re-established residence in
the country which he left or outside which he remained
owing to fear of persecution.

Amendment 163

Article 37, paragraph 4

4.
By derogation to paragraphs 1, 2 and 3, Member
States may decide that the refugee status lapses by law in
case of cessation in accordance with Article 11(1), sub-
paragraphs
(c) and (d) of Council Directive
2004/83/EC or if the refugee has unequivocally renounced
his/her recognition as a refugee.

(b),

(a),

deleted

Amendment 164

Article 38, paragraph 1, point (a), point (iii)

(iii) not to conduct an examination pursuant to Article 35A;

deleted

Amendment 165

Article 38, paragraph 1, point (d)

(d) a decision refusing entry within the framework of the

(d) a decision refusing entry within the framework of the

procedures provided for under Article 35(2);

procedures provided for under Article 35;

Amendment 166

Article 38, paragraph 3, introductory part

3. Member States shall, where appropriate, provide for
rules in accordance with their international obligations
dealing with:

3. Member States shall ensure that the remedy pursuant to
paragraph 1 shall have the effect of allowing applicants to
remain in the Member State pending its outcome.

Amendment 167

Article 38, paragraph 3, point (a)

(a) the question of whether the remedy pursuant to para-
graph 1 shall have the effect of allowing applicants to
remain in the Member State concerned pending its
outcome; and

deleted

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TEXT PROPOSED
BY THE COUNCIL

Tuesday, 27 September 2005

AMENDMENTS
BY PARLIAMENT

Amendment 168

Article 38, paragraph 3, point (b)

(b) the possibility of legal remedy or protective measures
where the remedy pursuant to paragraph 1 does not
have the effect of allowing applicants to remain in the
Member State concerned pending its outcome. Member
States may also provide for an ex officio remedy; and

deleted

Amendment 169

Article 38, paragraph 3, point (c)

(c) the grounds of challenge to a decision under Article
25(2)(c) in accordance with the methodology applied
under Article 27(2)(b) and (c).

deleted

Amendment 170

Article 38, paragraph 5

5. Where an applicant has been granted a status, which
offers the same rights and benefits under national and Com-
munity law as the refugee status by virtue of Council Direc-
tive 2004/83/EC, the applicant may be considered to have
an effective remedy where a court or tribunal decides that
the remedy pursuant to paragraph 1 is inadmissible or unli-
kely to succeed on the basis of insufficient interest on the
part of the applicant in maintaining the proceedings.

deleted

Amendment 171

Article 38, paragraph 6

6. Member States may also lay down in national legisla-
tion the conditions under which it can be assumed that an
applicant has implicitly withdrawn or abandoned his/her
remedy pursuant to paragraph 1, together with the rules on
the procedure to be followed.

deleted

Amendment 172

Article 43, paragraph 1

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Direc-
tive by [24 months after the date of its adoption]. Concerning
Article 13, Member States shall bring into force the laws,
regulations and administrative provisions necessary to
comply with this Directive by [36 months after the date of
its adoption]. They shall forthwith inform the Commission
thereof.

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Direc-
tive by [24 months after the date of its adoption]. They shall
forthwith inform the Commission thereof.

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Official Journal of the European Union

21.9.2006

Tuesday, 27 September 2005

TEXT PROPOSED
BY THE COUNCIL

AMENDMENTS
BY PARLIAMENT

Amendment 173

Annex B, paragraph 1

A country is considered as a safe country of origin where, on
the basis of the legal situation, the application of the law
within a democratic system and the general political circum-
stances, it can be shown that there is generally and consis-
tently no persecution as defined in Article 9 of Council Direc-
tive 2004/83/EC; no torture or inhuman or degrading treat-
ment or punishment; and no threat by reason of indiscrimi-
nate violence in situations of international or internal armed
conflict.

A country is considered as a safe country of origin where, on
the basis of the legal situation, the application of the law
within a democratic system and the general political circum-
stances, it can be shown that there is generally and consis-
tently no persecution as defined in Article 9 of Council Direc-
tive 2004/83/EC; no torture or inhuman or degrading treat-
ment or punishment; no threat by reason of indiscriminate
violence in situations of
internal armed
conflict; and no evidence of discrimination against indivi-
duals on account of race, sex, religion, nationality, language,
sexual orientation, membership of a particular social group
or minority or political opinion.

international or

Amendment 174

Annex B, paragraph 2, point (d a) (new)

(da) available and up-to-date reports by the UNHCR and
other organisations working in the field of human
rights and the protection of individual rights.