Commission staff working document  accompanying the proposal for a directive of the European Parliament and of the Council laying down minimum standards for the reception of asylum seekers - Summary of the impact assessment {COM(2008) 815 final} {SEC(2008) 2944}
Date: 2008-12-03
Institutions: European Commission
Subjects: admission of aliens, application of EU law, basic needs, fundamental rights, right of asylum, rights of aliens

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 3.12.2008 
SEC(2008) 2945 

COMMISSION STAFF WORKING DOCUMENT 

accompanying the 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

laying down minimum standards for the reception of asylum seekers 

Summary of the Impact Assessment 

{COM(2008) 815 final} 
{SEC(2008) 2944} 

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1. 

INTRODUCTION 

The  adoption  of  a  proposal  for  the  amendment  of  the  Council  Directive  2003/9/EC  laying 
down  minimum  standards  for  the  reception  of  asylum  seekers  (hereafter  referred  to  as  the 
Reception  Conditions  Directive)  was  included  in  the  Commission's  Work  Programme  for 
20081 as one of its strategic initiatives. 

With a view to preparing for the second stage of the asylum legislation, as called for by The 
Hague Programme2, the Commission launched the evaluation process of the results achieved 
in  the  first  phase  of  the  establishment  of  the  Common  European  Asylum  System  (hereafter 
referred  to  as  the  CEAS),  including  inter  alia  the  issue  of  reception  conditions  of  asylum 
seekers.  
In this respect, the Commission issued a report on 26 November 20073 (hereafter referred to 
as the Evaluation Report) on the transposition and application of the Directive by Member 
States  highlighting  the  areas  where  clarification  of  the  existing  provisions  and/or  further 
harmonisation  is  required.  Additionally  the  Commission  presented  in  June  2007  a  Green 
Paper with a view to consult stakeholders on the possible options shaping the second phase of 
the CEAS also in relation to the reception of asylum seekers. Finally, several expert meetings 
took  place  with  Member  States,  UNHCR,  NGOs,  and  academics  in  view  of  identifying  the 
main areas of concern to be addressed during the second phase of the asylum legislation.  

The  issues  raised  and  the  suggestions  put  forward  during  the  consultation  process  have 
provided the basis for the preparation of this Impact Assessment.  

2. 

STATE OF PLAY AND PROBLEMS 

The  following  problems  have  been  identified  in  the  area  of  reception  conditions  for  asylum 
seekers: 

•  The  Reception  Conditions  Directive  does  not  always  guarantee  adequate  standards  of 

treatment for asylum seekers, notably in relation to: 

–  access to the labour market; 

–  level and form of material reception conditions; 

–  addressing the needs of vulnerable persons; 

–  detention; 

–  scope of application of the Directive.  

•  Different  standards  of  treatment  between  vulnerable  asylum  seekers  and  vulnerable 

nationals, could lead to discrimination.  

•  The  lack  of  harmonised  reception  conditions  could  increase  secondary  movements  of 
asylum seekers which impose an unfair strain on national administrations and on asylum 
seekers themselves. 

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COM (2007) 640 
The Hague Programme: strengthening freedom, security and justice in the European Union, adopted on 
5 November 2004 
COM (2007) 745 

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The  Impact  Assessment  then  looks  into  the  possible  evolution  of  the  situation  if  no  actions 
were taken at EU level and concludes that the existing problems would persist and that there 
is a strong need for EU action.  

3. 

POLICY OBJECTIVES 

The  general  objectives  of  the  second  phase  of  the  CEAS  with  regard  to  the  Reception 
Conditions  Directive  are  to  ensure  higher  standards  of  treatment  for  persons  in  need  of 
international  protection  and  to  contribute  to  the  reduction  of  the  phenomenon  of  secondary 
movements. 

The new Directive shall in particular ensure the following specific objectives: 

I) 

II) 

III) 

IV) 

To facilitate access to the labour market; 

To ensure adequate standards for material reception conditions; 

To guarantee that the needs of vulnerable groups are adequately addressed;  

To ensure that detention is applied only in exceptional cases and to strengthen legal 
guarantees for detained asylum seekers; 

V) 

To clearly define the scope of application of the Directive.  

4. 

POLICY OPTIONS 

Taking into consideration the different nature of the above mentioned specific objectives, the 
Impact  Assessment  proposes  separate  policy  options  for  each  of  these  objectives.  The 
preferred  policy  option  has  been  constructed  by  combining  the  preferred  policy  options 
selected for each specific objective.  

4.1. 

Status Quo  

The  existing  legal  framework  would  remain  unchanged  and  ongoing  activities  in  Member 
States would continue.  

The Commission would continue monitoring the implementation of the Reception Conditions 
Directive.  

4.2. 

Preferred Policy Option 

Given the level of complexity of the proposed policy options, this summary is limited to an 
enumeration  of  the  main  elements  composing  the  preferred  policy  option.  The  preferred 
policy option consists of both legislative options and options focused on fostering practical 
cooperation amongst Member States. 

With regard to: 

•  the scope of the Directive, the preferred policy option: 

–  clarifies that the Directive applies during all types of asylum procedures (including Dublin) 
and to all geographic areas and facilities hosting asylum seekers (including detention); 

–  ensures that applicants for subsidiary protection are included.  

•  access to the labour market the preferred policy option: 

–  shortens time limitations regarding access to employment; 

–  prohibits  the  imposition  of  conditions  to  the  labour  market  at  national  level  that  could 

hinder the right to employment for asylum seekers. 

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The  preferred  practical  cooperation  option  which  complements  the  preferred  legislative  one 
foresees the exchange of best practices, within the EURASIL framework, in relation to labour 
restrictions with a view to further facilitate access; for example, Member States' tradition of 
not  requiring  work  permits  and/or  of  allowing  immediate  access  to  employment  could  be 
presented next to that of Member States foreseeing stricter measures in this domain.  

•  detention of asylum seekers, the preferred policy option: 

–  aims  to  ensure  that  detention  should  normally  be  avoided  and  used  only  in  exceptional 

cases; 

–  introduces a number of procedural guarantees for detained asylum seekers such as the right 
to  be  informed  on  the  grounds  of  detention  and  on  the  possibilities  to  challenge  the 
detention decision before a national court; 

–  provides  for  conditions  of  detention  taking  into  consideration  the  vulnerable  situation  of 

persons with special needs notably children and victims of torture;  

–  provides  that  minors  will  not  be  detained  unless  it  is  in  their  best  interests  whereas 

detention of unaccompanied minors will not be allowed; 

–  introduces a system of periodic review in order to monitor detention. 

The  preferred  practical  cooperation  option  which  complements  the  preferred  legislative  one 
foresees  exchanging  best  practices,  within  the  EURASIL  framework,  with  those  Member 
States  that  apply  alternative  measures  to  detention  (i.e.  financial  guarantee,  provision  of  a 
guarantor etc).  

•  material reception conditions, the preferred policy option:  

–  follows  a  quantitative  approach  regarding  the  principle  of  'adequate  level  of  material 
reception  conditions'  by  introducing  a  benchmark,  namely  the  minimum  level  of  social 
assistance granted to nationals; 

–  introduces a reporting requirement for Member States in view of monitoring, inter alia, the 

level of assistance granted to asylum seekers;  

–  ensures that the withdrawal or reduction of reception conditions by national authorities is 
in  line  with  the  principle  of  adequate  standard  of  living  and  guarantees  a  right  of  appeal 
against such decisions.  

The  preferred  practical  cooperation  option  which  complements  the  preferred  legislative  one 
foresees the exchange of best practices, within the EURASIL framework, in order to ensure 
higher standards concerning material reception conditions while also taking into consideration 
Member  States'  reception  capacities;  in  specific,  ideas  could  be  shared  on  how  to  better 
channel  asylum  seekers'  needs  through  reception  centres  or  on  how  to  ensure  that  housing 
facilities take into account age and gender considerations and respect the right to privacy and 
family life.  

•  persons with special needs, the preferred policy option: 

–  ensures the establishment of mechanisms that could adequately identify special needs and 

provide monitoring of individual cases where necessary; 

–  facilitates access to education for minors; 

–  introduces  an  obligation  for  Member  States  to  prevent  gender  related  crimes  in 

accommodation centres; 

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–  clarifies  the  meaning  of  essential  notions  currently  provided  in  the  Directive  such  as 

'necessary medical or other assistance' and 'essential treatment of illness'; 

–  introduces the obligation for adequate training of staff in contact with victims of torture or 

rape. 

The  preferred  practical  cooperation  option  which  complements  the  preferred  legislative  one 
foresees: 

–  the  exchange  of  best  practices,  within  the  EURASIL  framework  at  a  regular  basis, 
regarding the treatment of vulnerable groups, in particular in order to ensure pro-activeness 
in  identifying  special  needs,  to  guarantee  access  to  adequate  treatment  where  necessary, 
and to ensure that staff in contact with vulnerable groups receive appropriate training; 

–  practical  cooperation  within  the  EURASIL  framework  could  assist  in  the  adoption  of  an 
EU handbook that could assemble best practices at EU level concerning training of staff in 
contact  with  vulnerable  groups,  guidelines  on  the  identification  of  special  needs, 
accommodation of vulnerable persons etc.  

The main advantages of the preferred option are: 

•  It  ensures  higher  standards  of  treatment  for  asylum  seekers  (facilitated  access  to  the 
labour  market,  procedural  guarantees  for  detainees,  higher  standards  of  treatment  for 
vulnerable groups etc.)  in  line  with international  law,  notably  the  UN  Convention  on  the 
Rights of the Child and the EU Charter of Fundamental Human Rights;  

•  It achieves further harmonization of reception conditions through legislative intervention 
as  well  as  enhanced  measures  of  practical  cooperation  thus  fostering  equal  standards  of 
treatment  throughout  the  EU  and  ensuring  a  comprehensive  approach  to  reception 
conditions. 

As far as the main impacts are concerned: 

•  Ensuring  higher  standards  of  reception  will  have  an  overall  positive  impact  for  asylum 
seekers  concerning  respect  of  their  fundamental  rights.  In  particular,  the  right  to  free 
movement will be reinforced by providing that detention should only occur in exceptional 
cases and that unaccompanied minors will not be detained; facilitating access to the labour 
market will make asylum seekers more self-sufficient and will assist in their integration to 
the  hosting  Member  State;  vulnerable  groups  will  be  more  adequately  addressed  by 
ensuring  that  their  needs  are  duly  and  timely  identified  and  that  access  to  appropriate 
treatment is available; finally, exchanging best practices and adopting guidelines in all the 
relevant areas of reception conditions could be a very useful instrument for ensuring that 
the highest possible standards are applied throughout the EU;  

•  By  ensuring  more  equal  standards  of  treatment  throughout  the  EU,  notably  concerning 
detention,  material  reception  conditions  and  access  to  the  labour  market,  the  proposed 
measures  could  assist  in  reducing  the  phenomenon  of  secondary  movements.  Practical 
cooperation could also assist in establishing common practices in the area of reception of 
asylum  seekers  especially  concerning  the  treatment  of  vulnerable  groups  through  the 
adoption of an EU Handbook consisting of best procedures and policies to be applied by 
all Member States.  

As far as the financial feasibility is concerned: 

•  financial efforts would be required in order to comply with the new Directive, with regard 

to: 

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–  material reception conditions in view of aligning their policies with the benchmarks set out 

in the new Directive; 

–  treatment of vulnerable persons, in view of establishing at national level mechanisms for 

identifying special needs; 

–  ensuring access to health care for vulnerable persons under the same conditions applicable 

for nationals; 

•  the  envisaged  intervention  regarding  shortening  time  constraints  for  access  to  the  labour 
market could achieve savings for Member States. This could be attributed to the fact that 
asylum seekers would be more self-sufficient therefore additional welfare assistance would 
be  avoided.  Moreover  they  would  contribute  to  Member  States'  fiscal  systems  through 
labour taxation; 

•  ensuring that detention is applied only in exceptional cases would also result in savings for 
Member States; due to the high number of staff employed in detention centres in order to 
than 
meet  security 
accommodating asylum seekers in open reception centres.  

requirements,  detention  policies  could  prove  more  costly 

5. 

MONITORING AND EVALUATION 

The monitoring and evaluation of the preferred policy option will be an important element to 
assess the efficiency and effectiveness of the new Directive. In this respect the Commission 
will  regularly  evaluate  and  report  on  the  implementation  of  the  new  Directive  in  Member 
States.  In  addition  yearly  reporting  mechanisms  will  also  be  put  in  place  with  a  view  to 
monitor  those  areas  whose  implementation  proved  problematic  during  the  first-phase  of  the 
asylum legislation. Regular expert meetings will continue to take place in view of discussing 
implementation problems and exchanging best practices between Member States.  

The table below includes a proposed list of indicators that could be used to assess the progress 
and effectiveness of the preferred option in achieving the main policy objectives.  

Indicators 

•  Level of implementation by Member States of the amendments proposed to the Directive 

on Reception Conditions; 

•  Number of asylum seekers in a Member State; 

•  Number of asylum seekers employed in a Member State; 

•  Number  of  asylum  seekers  identified  to  have  special  needs  and  number  of  referrals  to 

competent institutions; 

•  Number of Dublin requests and transfers;  

•  EURODAC hits; 

•  Amounts of benefits granted to asylum seekers; 

•  Number of persons benefiting from ERF-funded activities;  

•  Level of financial resources allocated for the ERF;  

•  Level of financial resources allocated for practical cooperation activities;  

•  Number of trainings carried out.  

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