Proposal for a Directive of the European Parliament and of the Council laying down minimum standards for the reception of asylum seekers (Recast) {SEC(2008) 2944} {SEC(2008) 2945}
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 
COM(2008) 815 final 

2008/0244 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

laying down minimum standards for the reception of asylum seekers 

(Recast) 

{SEC(2008) 2944} 
{SEC(2008) 2945} 

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EXPLANATORY MEMORANDUM 

1. 

Context of the Proposal 

•  Grounds for and objectives of the proposal 

This proposal is a recasting of Council Directive 2003/9/EC of 27 January 2003 laying down 
minimum  standards  for  the  reception  of  asylum  seekers1  (hereafter  –  the  Reception 
Conditions Directive).  

The  Commission's  Evaluation  Report  on  the  application  of  the  Reception  Conditions 
Directive in Member States issued on 26 November 20072 as well as contributions received 
by various stakeholders in response to the Green Paper consultation process3 have identified a 
number of deficiencies regarding the level of reception conditions for asylum seekers which 
mainly results from the fact that the Directive currently allows Member States a wide margin 
of discretion concerning the establishment of reception conditions at national level.  

As  announced  in  the  Policy  Plan  on  Asylum4,  this  proposal  is  part  of  a  first  package  of 
proposals  which  aim  to  ensure  a  higher  degree  of  harmonisation  and  better  standards  of 
protection for the Common European Asylum System (CEAS). It is adopted at the same time 
of the recast of the Dublin5 and Eurodac6 Regulations. In 2009, the Commission will propose 
to amend the Qualification Directive7 and the Asylum Procedures Directive8. In addition, in 
the  first  quarter  of  2009  the  Commission  will  propose  the  establishment  of  a  European 
Asylum Support Office, which will aim to provide practical assistance to Member  States in 
taking  decisions  on  asylum  claims.  The  Support  Office  will  also  provide  assistance  to 
Member  States  who  are  faced  with  particular  pressures  on  their  national  asylum  system, 
notably  because  of  their  geographical  position,  to  comply  with  requirement  of  Community 
legislation, by providing specific expertise and practical support. 

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8 

OJ L 31, 6.2.2003, p. 18. 
Report  from  the  Commission  to  the  Council  and  to  the  European  Parliament  on  the  application  of 
directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum 
seekers - COM(2007) 745. 
Green Paper on the future of the Common European Asylum System - COM(2007) 301. 
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic  and  Social  Committee  and  the  Committee  of  Regions  on  the  'Policy  Plan  on  Asylum  an 
Integrated Approach to Protection Across the EU' of 17 June 2008 - COM(2008) 360. 
Proposal for a Regulation of the European Parliament and of the Council establishing the criteria and 
mechanisms  for  determining  the  Member  State  responsible  for  examining  an  application  for 
international  protection  lodged  in  one  of  the  Member  States  by  a  third-country  national  or  a  stateless 
person - COM(2008) 820. 
Proposal for a Regulation of the European Parliament and of the Council concerning the establishment 
of  'Eurodac'  for  the  comparison  of  fingerprints  for  the  effective  application  of  Regulation  (EC)  No 
[…/…]  [establishing  the  criteria  and  mechanisms  for  determining  the  Member  State  responsible  for 
examining  an  application  for  international  protection  lodged  in  one  of  the  Member  States  by  a  third-
country national or a stateless person - COM(2008) 825. 
Council Directive 2004/83/EC on minimum standards for the qualification and status of third-country 
nationals  and  stateless  persons  as  refugees  or  as  persons  who  otherwise  need  international  protection 
(OJ L 304, 30.9.2004, p.12). 
Council Directive 2005/85/EC on minimum standards on procedures in Member States for granting and 
withdrawing refugee status (OJ L 326, 13.12.2005, p.13). 

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•  General context 

Work on the creation of a CEAS started immediately after the entry into force of the Treaty of 
Amsterdam  in  May  1999,  on  the  basis  of  the  orientations  given  by  the  Tampere  European 
Council. During the first phase of the CEAS (1999-2005), the goal was to harmonise Member 
States'  legal  frameworks  on  the  basis  of  common  minimum  standards.  The  Reception 
Conditions Directive was the first of the five pieces  of EU asylum legislation flowing from 
the Tampere Conclusions. It aims to establish reception conditions that will normally suffice 
to ensure asylum seekers a 'dignified standard of living and comparable living conditions in 
all Member States'.  

The Hague Programme invited the Commission to conclude the evaluation of the first-phase 
legal instruments and to submit proposals for the second-phase instruments and measures to 
the Council and the European Parliament with a view to their adoption before the end of 2010. 
This  proposal  responds  to  that  call;  it  aims  to  address  adequately  the  deficiencies  identified 
during the first-phase of the asylum legislation. 

Detailed  analysis  of  the  problems  identified  in  relation  to  this  directive  and  concerning  the 
preparation  carried  out  for  its  adoption,  the  identification  and  assessment  of  policy  options 
and the identification and assessment of the preferred policy option are included in the Impact 
Assessment, annexed to this proposal.  

•  Consistency with other policies and objectives of the Union 

This proposal is fully in line with the Tampere European Council Conclusions of 1999 and the 
Hague programme of 2004 in relation to the establishment of the CEAS.  

2. 

Consultation of Interested Parties 

The Commission considered that before proposing any new initiative, an in-depth reflection 
and  debate  with  all  the  relevant  stakeholders  on  the  future  architecture  of  the  CEAS  was 
necessary. It therefore presented a Green Paper in June 2007, which aimed to identify possible 
options  for  shaping  the  second  phase  of  the  CEAS.  The  response  to  the  public  consultation 
included  89  contributions  from  a  wide  range  of  stakeholders.9  The  issues  raised  and  the 
suggestions  put  forward  during  the  consultation  have  provided  the  basis  for  the  Policy  Plan 
that  defines  a  road-map  for  the  coming  years  and  lists  the  measures  that  the  Commission 
intends to propose in order to complete the second phase of the CEAS, including the proposal 
to  amend  the  Reception  Conditions  Directive.  The  Policy  Plan  also  identifies  a  number  of 
objectives  to  be  met  during  the  second  phase  of  the  asylum  legislation  concerning  the 
reception of asylum seekers. 

The Commission's Evaluation Report was prepared on the basis of two studies on the state of 
application  of  the  Directive.10  These  studies  provided  the  Commission  with  valuable 
information regarding the areas to be addressed in the present amending proposal.  

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Available at: 
http://ec.europa.eu/justice_home/news/consulting_public/gp_asylum_system/news_contributions_asylu
m_systm_en.htm  
EMN  "Reception Systems,  their  Capacities  and  the  Social  Situation of Asylum  Applicants  within  the 
Reception System in the EU Member States", May 2006 - study contracted to the Academic Network 
for Legal Studies on Immigration and Asylum in Europe "Odysseus". 

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On  5  March  2008  the  Commission  informally  discussed  the  broad  outline  of  this  proposal 
with the Member States in the Committee on Immigration and Asylum (CIA). Meetings were 
also  organised  between  December  2007  and  March  2008  with  academic  experts,  Member 
States,  NGOs,  UNHCR  and  Members  of  the  European  Parliament  in  order  to  seek  their 
opinion on the further improvement of reception condition standards. Finally, a meeting was 
held  on  29  April  2008  with  UNHCR  and  NGOs  in  view  of  addressing  specific  issues  in 
relation to the treatment of persons with special needs. 

Parties  consulted  expressed  a  general  consensus  to  achieving  further  harmonisation  of 
reception  conditions  in  the  second  phase  of  the  asylum  legislation.  Some  Member  States 
however underlined  the  need  to  retain a certain degree of  flexibility regarding access  to  the 
labour  market  and  material  reception  conditions,  whereas  others  expressed  a  preference  to 
address  deficiencies  regarding  the  treatment  of  vulnerable  asylum  seekers  via  practical 
cooperation measures rather than via a legislative intervention.  

The Commission's proposal takes into account to a certain extent these concerns in particular 
regarding access to the labour market and the modalities established at national level to ensure 
adequate  material  reception  conditions  for  asylum  seekers.  However, 
into 
consideration  the  serious  gaps  detected  in  relation  to  the  identification  of  special  needs  and 
access to treatment, the Commission decided also to address this issue within the framework 
of the present proposal.  

taking 

3. 

Legal Elements of the Proposal 

•  Summary of the proposed action 

The main objective of this proposal is, as part of the second phase of the asylum legislation, to 
ensure  higher  standards  of  treatment  for  asylum  seekers  with  regard  to  reception  conditions 
that  would  guarantee  a  dignified  standard  of  living,  in  line  with  international  law.  Further 
harmonisation of national rules on reception conditions is also required in order to limit the 
phenomenon  of  secondary  movements  of  asylum  seekers  amongst  Member  States,  to  the 
degree that such movements are generated from diverge national reception polices.  

In this respect the proposal addresses the following issues: 

1. scope of the directive:  

The proposal extends the scope of the directive in order to include applicants for subsidiary 
protection. This modification is considered necessary with a view to ensure consistency with 
the current EU acquis, namely with the Qualification Directive that introduces the legal notion 
of subsidiary protection. Moreover in view of adequately clarifying the rationae materiae of 
the directive, the proposal stipulates that it is applicable to all types of asylum procedures and 
to all geographic areas and facilities hosting asylum seekers.  

2. access to the labour market:  

Access to employment is beneficial both for the asylum seeker and the hosting Member State. 
Facilitated  access  to  employment  for  asylum  seekers  could  prevent  exclusion  from  the  host 
society,  and  therefore  facilitate  integration.  It  would  also  promote  self-sufficiency  among 
asylum  seekers.  Mandatory  unemployment  on  the  other  hand  imposes  costs  on  the  State 
through the payment of additional social welfare payments. It should be noted in this respect 

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that labour market restrictions could encourage illegal working.11 This is particularly relevant 
for  those  Member  States  which  create  obstacles  on  access  to  the  labour  market  and  which 
grant very low welfare assistance to asylum seekers at the same time.  

The  proposal  therefore  aims  to  facilitate  access  to  the  labour  market.  In  particular,  two 
measures are envisaged. First and foremost, the proposal provides that asylum seekers will be 
able to access employment after a period of maximum 6 months after lodging an application 
for  international  protection;  the  Commission  considers  that  on  the  basis  of  Member  States' 
current  practices12  and  taking  into  consideration  stakeholders'  contributions  to  the  Green 
Paper this is an appropriate time period.  

Secondly,  the  proposal  stipulates  that  the  imposition  of  national  labour  market  conditions 
shall not unduly restrict access to employment for asylum seekers. The rationale behind this 
amendment is to better underline the objective of the current Article which is to ensure that 
asylum seekers are provided with fair opportunities to access employment in Member States.  

3. access to material reception conditions:  

With a view to guarantying that access to material reception conditions ensures 'a standard of 
living  adequate  for  the  health  of  the  asylum  seeker  and  capable  of  ensuring  his/her 
subsistence', the proposal  obliges Member States when granting  financial support  to  asylum 
seekers  to  take  into  consideration  the  level  of  social  assistance  provided  to  nationals. 
Moreover,  in  order  to  ensure  appropriate  accommodation  for  specific  categories  of  asylum 
seekers,  the  directive  introduces  an  obligation  for  Member  States  when  allocating  housing 
facilities to take on board considerations of gender and age, and the situation of persons with 
special needs.  

The provisions for reducing or withdrawing access to reception conditions, already envisaged 
under  the  current  directive,  are  meant  to  ensure  that  the  reception  system  is  not  abused. 
However, as the reduction or withdrawal of reception conditions can affect to a great extent 
the  standard  of  living  of  applicants,  the  Commission  considers  it  important  to  ensure  that 
asylum seekers are never left destitute under such circumstances and that fundamental rights 
are respected. In this respect and also taking into consideration current case-law, the proposal 
limits  the  circumstances  under  which  reception  conditions  could  be  fully  withdrawn  and 
ensures  that  asylum  seekers  will  continue  to  benefit  from  access  to  necessary  treatment  of 
illness or mental disorders in relevant cases. The Commission equally considers that it is of 
outmost  importance  that  decisions  on  these  issues  are  subject  to  review  before  a  national 
court.  

Finally, the proposal limits the circumstances, currently prescribed under the directive, where 
Member  States  could  exceptionally  set  up  modalities  for  material  reception  conditions 
different from those provided under the Directive.  

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Communication  from  the  Commission  to  the  Council,  the  European  Parliament,  the  European 
Economic and Social Committee and the Committee of the Regions 'Study on the links between legal 
and illegal migration' - COM(2004) 412. 
Immediate  access  to  employment  is  allowed  in  Greece,  whereas  the  limitation  period  is  20  days  in 
Portugal, 3 months in Austria and Finland, 4 months in Sweden, 6 months in Italy, Spain, Netherlands, 
Cyprus and 9 months in Luxembourg. 

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4. detention:  

Taking into consideration the wide use of detention in the area of asylum by Member States 
and the developing case-law of the European Court of Human Rights (hereafter – the ECtHR) 
the Commission considers it necessary to address this issue in a holistic way in this directive 
with a view to ensure that detention is not arbitrary and that fundamental rights are respected 
in all cases. The proposal takes as its underlying principle that a person should not be held in 
detention  for  the  sole  reason  that  he/she  is  seeking  international  protection.  This  principle 
confirms the EU acquis on detention, in particular the Asylum Procedures Directive, and is in 
line with the Charter of Fundamental Rights and with international human rights instruments 
such  as  the  European  Convention  for  the  Protection  of  Human  Rights  and  Fundamental 
Freedoms  and  the  UN  Convention  against  Torture  and  other  Cruel  Inhuman  or  Degrading 
Treatment or Punishment. 

The proposal ensures that detention could be allowed only in exceptional grounds prescribed 
under  the  Directive  based  on  the  Recommendation  of  the  Committee  of  Ministers  of  the 
Council of Europe "on measures of detention of asylum seekers" and UNHCR’s Guidelines 
on  Applicable  Criteria  and  Standards  Relating  to  the  Detention  of  Asylum  Seekers  of 
February  1999.  Moreover  it  is  foreseen  that  detention  shall  be  in  line  with  the  principle  of 
necessity and proportionality. It is furthermore foreseen that detention should be subject to an 
individual assessment of each case.  

The  proposal  also  guarantees  that  detained  asylum  seekers  are  treated  in  a  humane  and 
dignified  manner  with  respect  for  their  fundamental  rights  and  in  compliance  with 
international  and  national  law.  Particular  attention  is  given  in  this  respect  to  cases  where 
vulnerable asylum seekers are detained; with regard to children the proposal is in line with the 
1989 UN Convention on the Rights of the Child. As unaccompanied minors are concerned, it 
is  stipulated  that  they  shall  never  be  detained.  Moreover,  a  number  of  legal  and  procedural 
safeguards are provided with a view to ensure that detention is legitimate.  

5. persons with special needs:  

The  Commission  has  identified  deficiencies  in  addressing  special  needs  as  being  the  most 
serious concern in the area of reception of asylum seekers. Identifying special needs not only 
has  a  bearing  on  access  to  appropriate  treatment,  but  could  also  affect  the  quality  of  the 
decision-making  process  in  relation  to  the  asylum  application,  especially  with  regard  to 
traumatised  persons.  In  this  respect  the  proposal  ensures  that  national  measures  are  put  in 
place in order to immediately identify such needs.  

Moreover,  the  proposal  incorporates  numerous  safeguards  in  order  to  ensure  that  reception 
conditions are specifically designed to meet asylum seekers' special needs. These amendments 
reflect several aspects of reception conditions such as access to health care, housing facilities, 
and education of minors.  

6. implementation and improvement of national systems:  

The  current  text  of  the  Reception  Conditions  Directive  contains  several  rules  to  ensure  the 
complete implementation as well as the improvement of national systems. If the final aims of 
the  new  directive  are  to  be  achieved,  it  is  important  to  ensure  the  continuity  of  such 
monitoring and to strengthen the Commission's role as the guardian of EU legislation. In this 
respect, at Community level, the reporting system already provided in the directive should be 
maintained.  At  national  level  it  is  important  to  guarantee  that  national  mechanisms  are 

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established  in  order  to  ensure  adequate  monitoring  and  control  of  the  national  reception 
system.  Moreover,  the  proposal  extends  the  current  reporting  requirement  imposed  on 
Member  States,  in  order  to  include  those  provisions  in  relation  to  which  the  Commission's 
evaluation report underlined a number of deficiencies regarding their implementation.  

•  Legal basis 

This proposal amends Directive 2003/9/EC and uses the same legal base as that act, namely 
point (1) (b) of the first subparagraph of Article 63 of the EC Treaty.  

Article 1 of the Protocol on the position of the United Kingdom and Ireland, annexed to the 
Treaty  on  European  Union  and  to  the  Treaty  establishing  the  European  Community, states 
that Ireland and the UK may ‘opt in’ to measures establishing a Common European Asylum 
System.  

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

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

The position  of  the above mentioned Member  States  with regard  to  the current directive do 
not  affect  their  possible  participation  with  regard  to  the  new  directive  once  it  comes  into 
force.  

In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to 
the  Treaty  on  European  Union  and  to  the  Treaty  establishing  the  European  Community, 
Denmark is not bound by the directive nor is subject to its application.  

•  Subsidiarity Principle 

Title IV of the EC Treaty ('TEC') on visas, asylum, immigration and other policies related to 
free  movement  of  persons  confers  certain  powers  on  these  matters  on  the  European 
Community. These powers must be exercised in accordance with Article 5 TEC, i.e. if and in 
so far as the objectives of the proposed action cannot be sufficiently achieved by the Member 
States  and  can,  therefore,  by  reason  of  the  scale  or  effects  of  the  proposed  action,  be  better 
achieved by the Community. 

The  current  legal  base  for  Community  action  in  the  area  of  reception  of  asylum  seekers  is 
established in Article 63(1) TEC. This provision states that the Council is to adopt “measures 
on asylum, in accordance with the Geneva Convention relating to the Status of Refugees of 28 
July  1951  and  the  Protocol  of  31  January  1967  relating  to  the  status  of  refugees  and  other 
relevant treaties” in areas such as minimum standards on the reception of asylum seekers in 
Member States. 

Due to the transnational nature of the problems related to asylum and refugee protection, the 
EU is well placed to propose solutions in the framework of the Common European Asylum 
System  (CEAS)  in  particular  with  regard  to  issues  concerning  the  reception  of  asylum 
seekers.  Although  an  important  level  of  harmonization  was  reached  by  the  adoption  of  the 

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directive  in  2003  there  is  still  room  for  EU  action  in  view  of  ensuring  higher  and  more 
harmonised standards of treatment in relation to the reception of asylum seekers. 

•  Proportionality Principle 

The  impact  assessment  on  the  amendment  of  the  Reception  Conditions  Directive  assessed 
each option to the problems identified so as to represent an ideal proportion between practical 
value and efforts needed and concluded that opting for EU action does not go beyond what is 
necessary to achieve the objective of solving those problems.  

•  Impact on fundamental rights 

This proposal was made subject of an in-depth scrutiny to make sure that its provisions are in 
full  compatibility  with  fundamental  rights  as  general  principles  of  Community  law,  as 
provided  in  the  EU  Charter  of  Fundamental  Rights,  as  well  as  obligations  stemming  from 
international  law.  As  a  result,  particular  emphasis  was  put  on  the  provisions  dealing  with 
detention and procedural safeguards, treatment of persons with special needs notably minors, 
unaccompanied minors and victims of torture, and access to material reception conditions.  

Ensuring  higher  and  more  equal  standards  of  reception  will  have  an  overall  strong  positive 
impact for asylum seekers from a fundamental rights point of view. In particular, the right to 
liberty and freedom of movement will be reinforced by underlining that a person shall not be 
detained  for  the  sole  reason  that  he/she  has  registered  an  application  for  international 
protection;  similarly,  the  proposal  also  provides  that  detention  should  only  be  allowed  in 
exceptional cases prescribed under the Directive and only if it is in line with the principles of 
necessity and proportionality.  

The  rights  of  minors  will  be  better  reflected  in  the  text  by  ensuring  that  they  cannot  be 
detained  unless  it  is  in  their  best  interest,  whereas  detention  of  unaccompanied  minors  is 
prohibited  in  all  cases.  Moreover,  the  specific  situations  of  vulnerable  groups  will  be  more 
adequately  addressed  by  ensuring  that  their  needs  are  timely  identified  and  access  to 
appropriate treatment is available. Facilitating access to the labour market could assist asylum 
seekers  in  becoming  more  self-sufficient  and  will  facilitate  their  integration  to  the  hosting 
Member  State.  Furthermore,  the  principle  of  non-discrimination  will  be  reinforced  by  the 
imposition  of  the  obligation  on  Member  States  to  ensure  that  asylum  seekers  are  not 
unjustifiably  treated  in  comparison  to  nationals  concerning  the  level  of  material  reception 
conditions  to  be  provided  under  the  Directive.  Finally,  the  imposition  of  a  reporting 
requirement on essential provisions of the Directive linked with fundamental rights principles 
will  ensure  better  monitoring  of  their  implementation  at  Community  level.  In  this  respect  it 
should be underlined that Member States are obliged to implement and apply the provisions 
of this Directive in line with Fundamental Rights. 

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(cid:208) 2003/9/EC 

2008/0244 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

laying down minimum standards for the reception of asylum seekers 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Economic and Social Committee13, 

Having regard to the opinion of the Committee of the Regions14, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty15, 

Whereas: 

(1) 

A number of substantive changes are to be made to Council Directive 2003/9/EC of 27 
January 2003 laying down minimum standards for the reception of asylum seekers16. 
In the interests of clarity, that Directive should be recast. 

(cid:216) new 

(2) 

A  common  policy  on  asylum,  including  a  Common  European  Asylum  System,  is  a 
constituent  part  of  the  European  Union's  objective  of  progressively  establishing  an 
area  of  freedom,  security  and  justice  open  to  those  who,  forced  by  circumstances, 
legitimately seek protection in the Community.  

(cid:208) 2003/9/EC recital 1 

13 
14 
15 
16 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 31, 6.2.2003, p. 18. 

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(cid:208) 2003/9/EC recital 2 

(3) 

At its special meeting in Tampere on 15 and 16 October 1999, the European Council 
agreed to work towards establishing a Common European Asylum System, based on 
the  full  and  inclusive  application  of  the  Geneva  Convention  relating  to  the  Status  of 
Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 
1967, thus maintaining the principle of non-refoulement. 

(4) 

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

(cid:208) 2003/9/EC recital 3 

(5) 

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

(cid:208) 2003/9/EC recital 4 

(cid:216) new 

(6) 

(7) 

(8) 

The  first  phase  in  the  creation  of  a  Common  European  Asylum  System  that  should 
lead, in the longer term, to a common procedure and a uniform status, valid throughout 
the Union, for those granted asylum, has now been achieved. The European Council of 
4  November  2004  adopted  The  Hague  Programme  which  sets  the  objectives  to  be 
implemented in the area of freedom, security and justice in the period 2005-2010. In 
this respect The Hague Programme invited the European Commission to conclude the 
evaluation  of  the  first  phase  legal  instruments  and  to  submit  the  second-phase 
instruments and measures to the Council and the European Parliament with a view to 
their adoption before 2010.  

In the light of the results of the evaluations undertaken, it is appropriate, at this stage, 
to  confirm  the  principles  underlying  Directive  2003/9/EC  with  a  view  to  ensuring 
improved reception conditions for asylum seekers. 

In  order  to  ensure  equal  treatment  of  asylum  seekers  throughout  the  Union,  this 
Directive  should  apply  during  all  stages  and  types  of  procedures  concerning 
applications  for  international  protection  and  in  all  locations  and  facilities  hosting 
asylum seekers. 

(9)  Member  States  should  seek  to  ensure  full  compliance  with  the  principles  of  the  best 
interests  of  the  child  and  the  importance  of  family  unity,  in  the  application  of  this 
Directive, in line with the 1989 United Nations Convention on the Rights of the Child 
and  the  European  Convention  for  the  Protection  of  Human  Rights  and  Fundamental 
Freedoms respectively.  

EN 

10 

   EN 

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

(cid:208) 2003/9/EC recital 6 

(cid:208) 2003/9/EC recital 7  
(cid:214) new 

(11)  Minimum standards for the reception of asylum seekers that will normally suffice to 
ensure  them  a  dignified  standard  of  living  and  comparable  living  conditions  in  all 
Member States (cid:214) taking into consideration the level of social assistance available for 
nationals in the hosting Member State, should be laid down,. 

(12)  The  harmonisation  of  conditions  for  the  reception  of  asylum  seekers  should  help  to 
limit  the  secondary  movements  of  asylum  seekers  influenced  by  the  variety  of 
conditions for their reception. 

(cid:208) 2003/9/EC recital 8 

(cid:216) new 

(13) 

In view of ensuring equal treatment amongst all applicants for international protection 
as  well  as  in  order  to  guarantee  consistency  with  current  EU  asylum  acquis,  in 
particular with Council Directive 2004/83/EC of 29 April 2004 on minimum standards 
for  the  qualification  and  status  of  third  country  nationals  or  stateless  persons  as 
refugees or as persons who otherwise need international protection and the content of 
the protection granted17, it is appropriate to extend the scope of this Directive in order 
to include applicants for subsidiary protection. 

(14) 

In  order  to  promote  asylum-seekers'  self-sufficiency  and  to  limit  wide  discrepancies 
between Member States, it is essential to provide clear rules on the access of asylum 
seekers to the labour market.  

(cid:216) new 

17 

OJ L 304, 30.9.2004, p. 12. 

EN 

11 

   EN 

 
 
 
 
 
                                                 
(cid:208) 2003/9/EC recital 9 (adapted) 
(cid:214) new 

(15)  (cid:214) The immediate identification and monitoring of persons Reception of groups with 
special needs should be (cid:214) should be a primary concern of national authorities in order 
to  ensure  that  their  reception  is  specifically  designed  to  meet  those  ⌦ their 
special ⌫ needs. 

(cid:216) new 

(16)  Detention  of  asylum  seekers  should  be  applied  in  line  with  the  underlying  principle 
that a person should not be held in detention for the sole reason that he/she is seeking 
international  protection,  notably  in  accordance  with  Article  31  of  the  Geneva 
Convention relating to the Status of Refugees of 28 July 1951. In particular Member 
States  should  not  impose  penalties  on  asylum  seekers  on  account  of  illegal  entry  or 
presence  and  any  restrictions  to  movement  should  be  necessary.  In  this  respect, 
detention  of  asylum  seekers  should  only  be  possible  under  very  clearly  defined 
exceptional  circumstances  laid  down  in  this Directive  and  subject to  the  principle  of 
necessity  and  proportionality  with  regard  both  to  the  manner  and  to  the  purpose  of 
such detention.Where an asylum seeker is held in detention he/she should have a right 
to a judicial remedy before national court.  

(cid:208) 2003/9/EC recital 10 (adapted) 
(cid:214) new 

(17)  Reception  of  applicants  ⌦ Applicants ⌫ who  are  in  detention  (cid:214) should  be  treated 
with  full  respect  of  human  dignity  and  their  reception   should  be  specifically 
designed to meet their needs in that situation. (cid:214) In particular, Member States should 
ensure  that  Article  37  of  the  1989  UN  Convention  on  the  Rights  of  the  Child  is 
applied. 

(18) 

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

(cid:208) 2003/9/EC recital 11  

(19)  The possibility of abuse of the reception system should be restricted by laying down 
cases ⌦ specifying the circumstances in which ⌫ for the reduction or withdrawal of 

(cid:208) 2003/9/EC recital 12 (adapted) 
(cid:214) new 

EN 

12 

   EN 

 
 
 
 
 
reception  conditions  for  asylum  seekers  ⌦ may  be  reduced  or  such  reception 
withdrawn ⌫ (cid:214) while at the same time ensuring a dignified standard of living for all 
asylum seekers.  

(20)  The efficiency of national reception systems and cooperation among Member States in 

the field of reception of asylum seekers should be secured. 

(cid:208) 2003/9/EC recital 13 

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

(cid:208) 2003/9/EC recital 14 

(22) 

It is in the very nature of minimum standards that Member States have the power to 
introduce  or  maintain  more  favourable  provisions  for  third-country  nationals  and 
stateless persons who ask for international protection from a Member State. 

(cid:208) 2003/9/EC recital 15 

(cid:208) 2003/9/EC recital 16  
(cid:214) new 

(23) 

In this spirit, Member States are also invited to apply the provisions of this Directive 
in  connection  with  procedures  for  deciding  on  applications  for  forms  of  protection 
other than that emanating from the Geneva Convention for third country nationals and 
stateless persons (cid:214) Directive 2004/83/EC. 

(24)  The implementation of this Directive should be evaluated at regular intervals. 

(cid:208) 2003/9/EC recital 17 

(cid:208) 2003/9/EC recital 18 

(25)  Since the objectives of the proposed action, namely to establish minimum standards on 
the reception of asylum seekers in Member States, cannot be sufficiently achieved by 
the  Member  States  and  can  therefore,  by  reason  of  the  scale  and  effects  of  the 
proposed  action,  be  better  achieved  by  the  Community,  the  Community  may  adopt 
measures in accordance with the principles of subsidiarity as set out in Article 5 of the 
Treaty. In accordance with the principle of proportionality, as set out in that Article, 

EN 

13 

   EN 

 
 
 
 
 
 
this  Directive  does  not  go  beyond  what  is  necessary  in  order  to  achieve  those 
objectives. 

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

(cid:208) 2003/9/EC recital 19 (adapted) 

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

(cid:208) 2003/9/EC recital 20 (adapted) 

In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to 
the  Treaty  on  European  Union  and  to  the  Treaty  establishing  the  European  Community, 
Denmark is not participating in the adoption of this Directive and is therefore neither bound 
by it nor subject to its application. 

(cid:208) 2003/9/EC recital 21 (adapted) 

(cid:208) 2003/9/EC recital 5 
(cid:214) new 

(26)  This Directive respects the fundamental rights and observes the principles recognised 
in  particular  by  the  Charter  of  Fundamental  Rights  of  the  European  Union.  In 
particular, this Directive seeks to ensure full respect for human dignity and to promote 
the  application  of  Articles  1  (cid:214), 6,  7,   and  18  (cid:214), 24  and  47  of  the  said  Charter 
(cid:214) and has to be implemented accordingly. 

(cid:216) new 

(27)  The obligation to transpose this Directive into national law should be confined to those 
provisions  which  represent  a  substantive  change  as  compared  with  the  earlier 
Directive. The obligation to transpose the provisions which are unchanged arises under 
the earlier Directive. 

(28)  This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States 
relating to the time-limit for transposition into national law of the Directive set out in 
Annex II, Part B, 

EN 

14 

   EN 

 
 
 
 
 
HAVE ADOPTED THIS DIRECTIVE: 

CHAPTER I 

(cid:208) 2003/9/EC 

PURPOSE, DEFINITIONS AND SCOPE 

Article 1 

Purpose 

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

Article 2 

Definitions 

For the purposes of this Directive: 

(a) 

(b) 

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

"application for asylum" shall mean the application made by a third-country national 
or a stateless person which can be understood as a request for international protection 
from  a  Member  State,  under  the  Geneva  Convention.  Any  application  for 
international  protection  is  presumed  to  be  an  application  for  asylum  unless  a  third-
country  national  or  a  stateless  person  explicitly  requests  another  kind  of  protection 
that can be applied for separately;  

(a) 

"application  for  international  protection"  means  an  application  for  international 
protection as defined in Directive 2004/83/EC; 

(cid:216) new 

(cid:208) 2003/9/EC 
(cid:214) new 

(b)(c) 

(c)(d) 

"applicant"  or  "asylum  seeker"  shall  means  a  third  country  national  or  a  stateless 
person  who  has  made  an  application  for  asylum (cid:214) international  protection in 
respect of which a final decision has not yet been taken; 

"family members" shall means, in so far as the family already existed in the country 
of  origin,  the  following  members  of  the  applicant's  family  who  are  present  in  the 
same  Member  State  in  relation  to  the  application  for  asylum (cid:214) international 
protection : 

EN 

15 

   EN 

 
 
 
(i) 

(ii) 

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

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

(cid:216) new 

(iii) 

the  married  minor  children  of  couples  referred  to  in  point  (i)  or  of  the 
applicant, regardless of whether they were born in or out of wedlock or adopted 
as  defined  under  the  national  law,  where  it  is  in  their  best  interests  to  reside 
with the applicant; 

(iv) 

the father, mother or guardian of the applicant, when the latter is a minor and 
unmarried,  or  when  he/she  is  a  minor  and  married  but  it  is  in  his/her  best 
interests to reside with his/her father, mother or guardian; 

(v) 

the  minor  unmarried  siblings  of  the  applicant,  when  the  latter  is  a  minor  and 
unmarried, or when the applicant or his/her siblings are minors and married but 
it is in the best interests of one or more of them that they reside together;  

(cid:208) 2003/9/EC 

(e)"refugee" shall mean a person who fulfils the requirements of Article 1(A) of the Geneva 

Convention; 

(f)"refugee  status"  shall  mean  the  status  granted  by  a  Member  State  to  a  person  who  is  a 

refugee and is admitted as such to the territory of that Member State; 

(d)(g) 

"procedures"  and  "appeals",  shall  means  the  procedures  and  appeals  established  by 
Member States in their national law; 

(e) 

"minor" means a third-country national or stateless person below the age of 18 years; 

(cid:216) new 

(f)(h) 

"unaccompanied  minors"  shall  means  persons  below  the  age  of  eighteen  (cid:214) a 
minor   who  arrives  in  the  territory  of  the  Member  States  unaccompanied  by  an 

(cid:208) 2003/9/EC (adapted) 
(cid:214) new 

EN 

16 

   EN 

 
 
 
 
adult responsible for them him/her whether by law or by custom, and for as long as 
they are he/she is not effectively taken into the care of such a person; it shall includes 
a  minors  who  is  are  left  unaccompanied  after  they  he/she  has  have  entered  the 
territory of Member States;  

(g)(i) 

"reception conditions" shall means the full set of measures that Member States grant 
to asylum seeker in accordance with this Directive;  

(h)(j) 

(i)(k) 

"material  reception  conditions"  shall  means  the  reception  conditions  that  include 
housing,  food  and  clothing  provided  in  kind,  or  as  financial  allowances  or  in 
vouchers, (cid:214) or a combination of the three , and a daily expenses allowance;  

"detention" shall means confinement of an asylum seeker by a Member State within 
a  particular  place,  where  the  applicant  is  deprived  of  his  or  her  freedom  of 
movement; 

(j)(l) 

"accommodation centre" shall means any place used for collective housing of asylum 
seekers. 

1. 

2. 

3. 

4. 

Article 3 

Scope 

This  Directive  shall  apply  to  all  third  country  nationals  and  stateless  persons  who 
make an application for asylum (cid:214) international protection at the border, or in the 
territory,  ⌦ including  at  the  border ⌫  (cid:214) or  in  the  transit  zones,   of  a  Member 
State,  as  long  as  they  are  allowed  to  remain  on  the  territory  as  asylum  seekers,  as 
well  as  to  family  members,  if  they  are  covered  by  such  application  for 
asylum (cid:214) international protection  according to the national law.  

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

This Directive shall not apply when the provisions of Council Directive 2001/55/EC 
of 20 July 2001 on minimum standards for giving temporary protection in the event 
of a mass influx of displaced persons and on measures promoting a balance of efforts 
between  Member  States  in  receiving  such  persons  and  bearing  the  consequences 
thereof18 are applied. 

(cid:208) 2003/9/EC 
(cid:214) new 

Member States may decide to apply this Directive in connection with procedures for 
deciding on applications for kinds of protection other than that emanating from the 
Geneva  Convention  for  third-country  nationals  or  stateless  persons  who  are  found 
not to be refugees (cid:214) Directive 2004/83/EC.  

18 

OJ L 212, 7.8.2001, p. 12 

EN 

17 

   EN 

 
                                                 
(cid:208) 2003/9/EC 
(cid:214) new 

Article 4 

More favourable provisions 

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

CHAPTER II 

GENERAL PROVISIONS ON RECEPTION CONDITIONS 

Article 5 

Information 

1. 

Member States shall inform asylum seekers, within a reasonable time not exceeding 
fifteen  days  after  they  have  lodged  their  application  for  asylum (cid:214) international 
protection  with the competent authority, of at least any established benefits and of 
the obligations with which they must comply relating to reception conditions. 

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

(cid:208) 2003/9/EC (adapted) 
(cid:214)new 

2. 

Member  States  shall  ensure  that  the  information  referred  to  in  paragraph  1  is  in 
the  applicants  may 
in  a 
writing  and,  as  far  as  possible, 
that 
⌦ are ⌫ reasonably  be  supposed 
this 
to  understand.  Where  appropriate, 
information may also be supplied orally. 

language 

(cid:208) 2003/9/EC 

Article 6 

Documentation 

1. 

Member States shall ensure that, within three days after an application is lodged with 
the competent authority, the applicant is provided with a document issued in his or 
her own name certifying his or her status as an asylum seeker or testifying that he or 

EN 

18 

   EN 

 
 
 
she is allowed to stay in the territory of the Member State while his or her application 
is pending or being examined. 

The  holder  of  the  document  shall  be  granted  access  to  the  rights  and  benefits 
conferred on asylum seekers under this Directive. 

(cid:216) new 

(cid:208) 2003/9/EC  
(cid:214) new 

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

Member States may exclude application of this Article when the asylum seeker is in 
detention  and  during  the  examination  of  an  application  for  asylum  (cid:214) international 
protection  made at the border or within the context of a procedure to decide on the 
right  of  the  applicant  legally  to  enter  the  territory  of  a  Member  State.  In  specific 
cases,  during  the  examination  of  an  application  for  asylum (cid:214) international 
protection , Member States may provide applicants with other evidence equivalent 
to the document referred to in paragraph 1. 

The document referred to in paragraph 1 need not certify the identity of the asylum 
seeker. 

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

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

Article 7 

Residence and freedom of movement 

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

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

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

2. 

3. 

4. 

5. 

1. 

2. 

EN 

19 

   EN 

 
 
43. 

54. 

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

Member  States  shall  provide  for  the  possibility  of  granting  applicants  temporary 
permission to leave the place of residence mentioned in paragraphs 2 and 43 and/or 
the  assigned  area  mentioned  in  paragraph  1.  Decisions  shall  be  taken  individually, 
objectively and impartially and reasons shall be given if they are negative. 

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

65. 

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

(cid:216) new 

Article 8 

Detention 

1. 

2. 

Member States shall not hold a person in detention for the sole reason that he/she is 
an  applicant  for  international  protection  in  accordance  with  Council  Directive 
2005/85/EC.19 

When it proves necessary and on the basis of an individual assessment of each case, 
Member  States  may  detain  an  applicant  to  a  particular  place  in  accordance  with 
national legislation, if other less coercive measures cannot be applied effectively. An 
applicant may only be detained to a particular place: 

(a) 

(b) 

(c) 

in order to determine, ascertain or verify his identity or nationality; 

in order to determine the elements on which his application for asylum 
is based which in other circumstances could be lost; 

in  the  context  of  a  procedure,  to  decide  on  his  right  to  enter  the 
territory; 

(d) 

when protection of national security and public order so requires. 

This paragraph is without prejudice to Article 11. 

3. 

Member States shall ensure that rules dealing with alternatives to detention, such as 
regular  reporting  to  the  authorities,  the  deposit  of  a  financial  guarantee,  or  an 
obligation to stay at a designated place, are laid down in national legislation. 

19 

OJ L 326, 13.12.2005, p.13 

EN 

20 

   EN 

 
                                                 
Article 9 

Guarantees for detained asylum seekers 

1. 

2. 

3. 

4. 

5. 

6. 

Detention  shall  be  ordered  for  the  shortest  period  possible.  In  particular  detention 
pursuant to Article 8 (2) (a), (b) and (c) shall not exceed the time reasonably needed 
to fulfil the administrative procedures required in order to obtain information on the 
asylum seeker's nationality or on the elements on which his application is based or to 
carry out the relevant procedure with a view to deciding on his/her right to enter the 
territory. 

Delays in the administrative procedure that cannot be attributed to the asylum seeker 
shall not justify a continuation of detention.  

Detention shall be ordered by judicial authorities. In urgent cases it may be ordered 
by administrative authorities, in which case the detention order shall be confirmed by 
judicial authorities within 72 hours from the beginning of the detention. Where the 
judicial authority finds detention to be unlawful, or if there is no decision within 72 
hours, the asylum seeker concerned shall be released immediately.  

Detention shall be ordered in writing. The detention order shall state the reasons in 
fact  and  in  law  on  which  it  is  based  and  shall  specify  the  maximum  period  of 
detention. 

Detained asylum seekers shall immediately be informed of the reasons for detention, 
the maximum duration of the detention and the procedures laid down in national law 
for  challenging  the  detention  order,  in  a  language  they  are  reasonably  supposed  to 
understand.  

The  continued  detention  shall  be  reviewed  by  a  judicial  authority  at  reasonable 
intervals of time either on request by the asylum seeker concerned or ex officio.  

Detention shall never be unduly prolonged. 

Member States shall ensure access to legal assistance and/or representation in cases 
of detention that shall be free of charge where the asylum seeker cannot afford the 
costs involved. 

Procedures for access to legal assistance and/or representation in such cases shall be 
laid down in national law. 

Article 10 

Conditions of detention 

1. 

Member States shall not detain asylum seekers in prison accommodation. Detention 
shall only be carried out in specialised detention facilities. 

Asylum  seekers  in  detention  shall  be  kept  separately  from  other  third  country 
nationals who have not lodged an application for international protection unless it is 
necessary to ensure family unity and the applicant consents thereto.  

EN 

21 

   EN 

2. 

3. 

1. 

2. 

3. 

4. 

5. 

Member States shall ensure that asylum seekers in detention have the opportunity to 
establish  contact,  including  visitation  rights,  with  legal  representatives  and  family 
members. UNHCR and other relevant and competent national, international and non-
governmental  organisations  and  bodies  shall  also  have 
to 
communicate with and to visit applicants in detention areas.  

the  opportunity 

Member  States  shall  ensure  that  asylum  seekers  in  detention  are  immediately 
provided with updated information on the rules which apply in the facility and set out 
their rights and obligations in a language they are reasonably supposed to understand. 

Article 11 

Detention of vulnerable groups and persons with special needs 

Minors shall not be detained unless it is in their best interest, as prescribed in Article 
22(2)  and  only  after  taking  into  consideration  the  findings  of  the  individual 
examination of their situation in accordance with paragraph 5 of Article 11.  

Unaccompanied minors shall never be detained.  

Where  minors  are  detained  they  shall  have  the  possibility  to  engage  in  leisure-
activities, including play and recreational activities appropriate to their age. 

Detained  families  shall  be  provided  with  separate  accommodation  guaranteeing 
adequate privacy. 

Where female asylum seekers are detained Member States shall ensure that they are 
accommodated  separately  from  male  asylum  seekers,  unless  these  are  family 
members and all concerned individuals consent thereto. 

Persons with special needs shall not be detained unless an individual examination of 
their  situation  by  a  qualified  professional  certifies  that  their  health,  including  their 
mental  health,  and  well-being,  will  not  significantly  deteriorate  as  a  result  of  the 
detention.  

Where  persons  with  special  needs  are  detained  Member  States  shall  ensure  regular 
monitoring and adequate support. 

(cid:208) 2003/9/EC 
(cid:214) new 

Article 812 

Families 

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

EN 

22 

   EN 

 
Article 913 

Medical screening 

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

Article 1014 

Schooling and education of minors 

1. 

2. 

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

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

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

Access  to  the  education  system  shall  not  be  postponed  for  more  than  three  months 
from the date the application for asylum (cid:214) international protection  was lodged by 
the  minor  or  the  minor's  parents.  This  period  may  be  extended  to  one  year  where 
specific education is provided in order to facilitate access to the education system. 

Preparatory  classes,  including  language  classes,  aimed  at  facilitating  the  access  of 
minors to the national education system, and/or specific education designed to assist 
their integration into that system, shall be provided where necessary. 

(cid:216) new 

3. 

Where access to the education system as set out in paragraph 1 is not possible due to 
the  specific  situation  of  the  minor,  the  Member  State  (cid:214) shall   may  offer  other 
education arrangements (cid:214)in accordance with national law and practices . 

(cid:208) 2003/9/EC 
(cid:214) new 

EN 

23 

   EN 

 
 
Article 1115 

Employment 

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

1. 

2. 

3. 

Member States shall ensure that applicants have access to the labour market no later 
than  6  months  following  the  date  when  the  application  for  international  protection 
was lodged. 

(cid:216) new 

(cid:208) 2003/9/EC 
(cid:214) new 

If a decision at first instance has not been taken within one year of the presentation of 
an  application  for  asylum  and  this  delay  cannot  be  attributed  to  the  applicant, 
Member States shall  decide  the  conditions for granting access to the labour market 
for  the  applicant,  (cid:214) in  accordance  with  their  national  legislation,  without  unduly 
restricting asylum seekers' access to the labour market.  

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

Article 1216 

Vocational training 

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

Access to vocational training relating to an employment contract shall depend on the 
extent  to  which  the  applicant  has  access  to  the  labour  market  in  accordance  with 
Article 1115. 

Article 1317 

General rules on material reception conditions and health care 

1. 

Member  States  shall  ensure  that  material  reception  conditions  are  available  to 
applicants when they make their application for asylum (cid:214) international protection  

EN 

24 

   EN 

 
 
2. 

3. 

4. 

(cid:208) 2003/9/EC (adapted) 
(cid:214) new 

Member  States  shall  ⌦ ensure  that ⌫ make  provisions  on  material  reception 
conditions  to  ensure  a  ⌦ provide  an  adequate ⌫  standard  of  living ⌦ for 
applicants  for  international  protection,  which  guarantees  their  subsistence  and 
protects their physical and mental health ⌫ adequate for the health of applicants and 
capable of ensuring their subsistence. 

(cid:208) 2003/9/EC 

Member States shall ensure that that standard of living is met in the specific situation 
of  persons  who  have  special  needs,  in  accordance  with  Article  1721,  as  well  as  in 
relation to the situation of persons who are in detention. 

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

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

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

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

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

(cid:216) new 

5. 

In  calculating  the  amount  of  assistance  to  be  granted  to  asylum  seekers  Member 
States  shall  ensure  that  the  total  value  of  material  reception  conditions  to  be  made 
available to asylum seekers is equivalent to the amount of social assistance granted to 
nationals  requiring  such  assistance.  Any  differences  in  this  respect  shall  be  duly 
justified.  

EN 

25 

   EN 

 
 
 
(cid:208)2003/9/EC 
(cid:214) new 

Article 1418 

Modalities for material reception conditions 

1. 

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

(a) 

(b) 

(c) 

premises  used  for  the  purpose  of  housing  applicants  during  the 
asylum  (cid:214) international 
examination  of 
protection  lodged at the border; 

application 

for 

an 

accommodation  centres  which  guarantee  an  adequate  standard  of 
living; 

private  houses,  flats,  hotels  or  other  premises  adapted  for  housing 
applicants. 

2. 

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

(a) 

protection of their family life; 

(b) 

the  possibility  of  communicating  with  relatives,  legal  advisers  and 
representatives  of  the  United  Nations  High  Commissioner  for 
Refugees  (UNHCR)  and  non  governmental  organisations  (NGOs) 
recognised by Member States. 

Member States shall take into consideration gender and age specific concerns and the 
situation of persons with special needs in relation to applicants within the premises 
and accommodation centers referred to in paragraph 1(a) and (b). 

(cid:216) new 

(cid:208) 2003/9/EC (adapted) 
(cid:214) new 

Member  States  shall  ⌦ take  appropriate  measures  to  prevent  ⌫  pay  particular 
attention to the prevention of assault (cid:214) and gender based violence including sexual 
assault,  within the premises and accommodation centres referred to in paragraph 
1(a) and (b). 

EN 

26 

   EN 

 
 
 
3. 

4. 

5. 

6. 

7. 

8. 

(cid:208) 2003/9/EC  
(cid:214) new 

Member  States  shall  ensure,  if  appropriate,  that  minor  children  of  applicants  or 
applicants  who  are  minors  are  lodged  with  their  parents  or  with  the  adult  family 
member responsible for them whether by law or by custom (cid:214) provided this is in the 
best interests of the minors concerned . 

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

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

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

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

(cid:214) In  duly  justified  cases,   Member  States  may  exceptionally  set  modalities  for 
material reception conditions different from those provided for in this Article, for a 
reasonable period which shall be as short as possible, when: 

(a) 

-an initial assessment of the specific needs of the applicant is required, 

- material reception conditions, as provided for in this Article, are not available in a certain 
geographical area, 

(b) 

-housing capacities normally available are temporarily exhausted, 

(c) 

-the asylum seeker is in detention or confined to border posts. 

These different conditions shall cover in any case basic needs. 

Article 1519 

Health care 

1. 

Member  States  shall  ensure  that  applicants  receive  the  necessary  health  care  which 
shall include, at least, emergency care and essential treatment of illness (cid:214) or mental 
disorders . 

EN 

27 

   EN 

 
2. 

Member States shall provide necessary medical or other assistance to applicants who 
have special needs, (cid:214) including appropriate mental health care when needed, under 
the same conditions as nationals .  

(cid:208) 2003/9/EC (adapted) 

CHAPTER III 

REDUCTION OR WITHDRAWAL OF ⌦ MATERIAL ⌫ 
RECEPTION CONDITIONS  

Article 16 20 

Reduction or withdrawal of ⌦ material ⌫ reception conditions 

1. 

Member States may reduce or withdraw ⌦ material ⌫ reception conditions in the 
following cases: 

(a)where an asylum seeker: 

(cid:208) 2003/9/EC 

(a) 

(b) 

-abandons the place of residence determined by the competent authority 
without informing it or, if requested, without permission, or 

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

(c) 

-has already lodged an application in the same Member State. 

(cid:208) 2003/9/EC (adapted) 
(cid:214) new 

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

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

EN 

28 

   EN 

 
 
 
2. 

Member  States  may  reduce  or  withdraw  material  reception  conditions  where  an 
applicant has concealed financial resources, and has therefore unduly benefited from 
material reception conditions.  

(cid:216) new 

(cid:208) 2003/9/EC  

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

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

3. 

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

(cid:208) 2003/9/EC  

(cid:208) 2003/9/EC (adapted) 
(cid:214) new 

4. 

Decisions for reduction, ⌦ or ⌫ withdrawal or refusal of ⌦ material ⌫ reception 
conditions  or  sanctions  referred  to  in  paragraphs  1,  2  and  3  shall  be  taken 
individually, objectively and impartially and reasons shall be given. Decisions shall 
be based on the particular situation of the person concerned, especially with regard to 
persons covered by Article 1721, taking into account the principle of proportionality. 
Member  States  shall  under  all  circumstances  ensure  (cid:214) subsistence,   access  to 
emergency health care (cid:214) and essential treatment of illness or mental disorder . 

5. 

Member States shall ensure that material reception conditions are not withdrawn or 
reduced before a negative decision is taken. 

(cid:208) 2003/9/EC 

EN 

29 

   EN 

 
 
 
 
 
CHAPTER IV 

PROVISIONS FOR PERSONS WITH SPECIAL NEEDS 

(cid:208) 2003/9/EC (adapted) 
(cid:214) new 

Article 1721 

General principle 

1. 

2. 

Member  States  shall  take  into  account  the  specific  situation  of  (cid:214) persons  with 
special needs in the national legislation implementing this Directive.  Vvulnerable 
persons  such  as  minors,  unaccompanied  minors,  disabled  people,  elderly  people, 
pregnant  women,  single  parents  with  minor  children  (cid:214), victims  of  trafficking, 
persons  with  mental  health  problems   and  persons  who  have  been  subjected  to 
torture,  rape  or  other  serious  forms  of  psychological,  physical  or  sexual  violence, 
(cid:214) shall  always  be  considered  as  persons  with  special  needs .  in  the  national 
legislation  implementing  the  provisions  of  Chapter  II  relating  to  material  reception 
conditions and health care  

(cid:216) new 

Member  States  shall  establish  procedures  in  national  legislation  with  a  view  to 
identifying, as soon as an application for international protection is lodged, whether 
the  applicant  has  special  needs  and  indicating  the  nature  of  such  needs.  Member 
States  shall  ensure  support  for  persons  with  special  needs  throughout  the  asylum 
procedure and shall provide for appropriate monitoring of their situation.  

2.Paragraph  1  shall  apply  only  to  persons  found  to  have  special  needs  after  an 
individual evaluation of their situation. 

(cid:208) 2003/9/EC 
(cid:214) new 

Article 1822 

Minors 

1. 

The  best  interests  of  the  child  shall  be  a  primary  consideration  for  Member  States 
when implementing the provisions of this Directive that involve minors. (cid:214) Member 
States  shall  ensure  a  standard  of  living  adequate  for  the  child's  physical,  mental, 
spiritual, moral and social development.  

EN 

30 

   EN 

 
 
 
2. 

In assessing the best interests of the child, Member States shall in particular take due 
account of the following factors: 

(cid:216) new 

(a) 

(b) 

(c) 

family reunification possibilities; 

the minor’s well-being and social development, taking into particular 
consideration  the  minor’s  ethnic,  religious,  cultural  and  linguistic 
background; 

safety and security considerations, in particular where there is a risk of 
the child being a victim of trafficking; 

(d) 

the views of the minor in accordance with his/her age and maturity. 

3. 

Member  States  shall  ensure  that  minors  have  access  to  leisure-activities,  including 
play  and  recreational  activities  appropriate  to  their  age  within  the  premises  and 
accommodation centres referred to in Article 18 1(a) and (b).  

42 

1. 

2. 

(cid:208) 2003/9/EC  
(cid:214) new 

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

Article 1923 

Unaccompanied minors 

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

Unaccompanied  minors  who  make  an  application  for  asylum (cid:214) international 
protection shall, from the moment they are admitted to the territory to the moment 
they are obliged to leave the host Member State in which the application for asylum 
(cid:214) international protection  was made or is being examined, be placed: 

(a) 

with adult relatives; 

(b) 

with a foster-family; 

(c) 

in accommodation centres with special provisions for minors; 

EN 

31 

   EN 

 
 
(d) 

in other accommodation suitable for minors. 

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

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

(cid:208) 2003/9/EC (adapted) 
(cid:214) new 

(cid:214) Member  States  shall  establish  procedures in  national  legislation  for  tracing  the 
family  members  of  unaccompanied  minor.   They  Member  States  protecting  the 
unaccompanied minor's best interest shall endeavour (cid:214) start  to trace the members 
of his or her ⌦ the unaccompanied minor's ⌫ family as soon as possible (cid:214) after an 
application  for  international  protection  is  lodged  whilst  protecting  his/her  best 
interest . In cases where there may be a threat to the life or integrity of the minor or 
his or her close relatives, particularly if they have remained in the country of origin, 
care  must  be  taken  to  ensure  that  the  collection,  processing  and  circulation  of 
information concerning those persons is undertaken on a confidential basis, so as to 
avoid jeopardizing their safety. 

(cid:208) 2003/9/EC 
(cid:214) new 

Those working with unaccompanied minors shall have had (cid:214) and continue to  or 
receive  appropriate  training  concerning  their  needs,  and  shall  be  bound  by  the 
confidentiality principle as defined in the national law, in relation to any information 
they obtain in the course of their work. 

Article 2024 

Victims of torture and violence 

Member  States  shall  ensure  that,  if  necessary,  persons  who  have  been  subjected  to 
torture,  rape  or  other  serious  acts  of  violence  receive  the  necessary  treatment  of 
damages caused by the aforementioned acts (cid:214), in particular access to rehabilitation 
services that should allow for obtaining medical and psychological treatment .  

(cid:216) new 

Those  working  with  victims  of  torture  shall  have  had  and  continue  to  receive 
appropriate training concerning their needs, and shall be bound by the confidentiality 
rules  provided  for  in  the  relevant  national  law,  in  relation  to  any  information  they 
obtain in the course of their work.  

3. 

4. 

1. 

2. 

EN 

32 

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(cid:208) 2003/9/EC (adapted) 
(cid:214) new 

CHAPTER V 

APPEALS 

Article 2125 

Appeals 

1. 

Member  States  shall  ensure  that  negative  decisions  relating  to  the  granting, 
(cid:214) withdrawal  or  reduction   of  benefits  under  this  Directive  or  decisions  taken 
under  Article  7  which  individually  affect  asylum  seekers  may  be  the  subject  of  an 
appeal  within  the  procedures  laid  down  in  the  national  law.  At  least  in  the  last 
instance  the  possibility  of  an  appeal  or  a  review  (cid:214), in  fact  and  in  law,   before  a 
judicial body, shall be granted. 

2. 

Member  States  shall  ensure  access  to  legal  assistance  and/or  representation  in  the 
cases referred to in paragraph 1. Such legal assistance and/or representation shall be 
free of charge where the asylum seeker cannot afford the costs involved. 

(cid:216) new 

(cid:208) 2003/9/EC 
(cid:214) new 

2.Procedures for access to legal assistance (cid:214) and/or representation  in such cases 
shall be laid down in national law. 

CHAPTER VI 

ACTIONS TO IMPROVE THE EFFICIENCY OF THE 
RECEPTION SYSTEM 

Article 22  

Cooperation 

Member  States  shall  regularly  inform  the  Commission  on  the  data  concerning  the 
number  of  persons,  broken  down  by  sex  and  age,  covered  by  reception  conditions 

EN 

33 

   EN 

 
 
 
and  provide  full  information  on  the  type,  name  and  format  of  the  documents 
provided for by Article 6. 

(cid:216) new 

Article 26 

Competent authorities 

Each  Member  State  shall  notify  the  Commission  of  the  identity  of  the  authorities 
responsible for fulfilling the obligations arising under this Directive. Member States 
shall inform the Commission of any changes in the identity of such authorities.  

(cid:208) 2003/9/EC 
(cid:214) new 

Article 2327 

Guidance, monitoring and control system  

1. 

Member States shall, with due respect to their constitutional structure, (cid:214) put in place 
relevant mechanisms in order to  ensure that appropriate guidance, monitoring and 
control of the level of reception conditions are established. 

2. 

Member States shall submit relevant information to the Commission in the form set 
out in Annex I on a yearly basis, starting from […]: 

(cid:216) new 

(cid:208) 2003/9/EC 
(cid:214) new 

Article 2428 

Staff and resources 

1. 

2. 

Member  States  shall  take  appropriate  measures  to  ensure  that  authorities  and  other 
organisations implementing this Directive have received the necessary basic training 
with respect to the needs of both male and female applicants. 

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

EN 

34 

   EN 

 
 
 
 
CHAPTER VII 

FINAL PROVISIONS 

Article 2529 

Reports 

By  6  August  2006  (cid:214) […] at  the  latest  ,  the  Commission  shall  report  to  the 
European  Parliament  and  the  Council  on  the  application  of  this  Directive  and  shall 
propose any amendments that are necessary.  

Member States shall send the Commission all the information that is appropriate for 
drawing up the report, including the statistical data provided for by Article 27(2) 22 
by 6 February 2006 (cid:214) […] .  

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

Article 26 30 

Transposition 

(cid:208) 2003/9/EC (adapted) 

1. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions  necessary  to  comply  with  this  Directive  by  6  February  2005⌦ Articles 
[…] [The articles which have been changed as to the substance by comparison with 
the  earlier  Directive]  and  Annex  I  by  […]  at  the  latest ⌫.  They  shall  forthwith 
inform  ⌦ communicate  to ⌫  the  Commission  thereof⌦ the  text  of  those 
provisions and a correlation table between those provisions and this Directive ⌫. 

When the Member States adopt these measures ⌦ those provisions ⌫ , they shall 
contain a reference to this Directive or shall be accompanied by such a reference on 
the occasion of their official publication. Member States shall determine how such a 
reference  is  to  be  made.  ⌦ They  shall  also  include  a  statement  that  references  in 
existing laws, regulations and administrative provisions to the directive repealed by 
this Directive shall be construed as references to this Directive. Member States shall 
determine  how  such  reference  is  to  be  made  and  how  that  statement  is  to  be 
formulated. ⌫ 

2. 

Member  States  shall  communicate  to  the  Commission  the  text  of  the  ⌦ main ⌫ 
provisions of national law which they adopt in the field relating to the enforcement 
of ⌦ covered by ⌫ this Directive. 

EN 

35 

   EN 

 
(cid:208)  

Article 31 

Repeal 

Directive  2003/9/EC  is  repealed  with  effect  from  [day  after  the  date  set  out  in  the  first 
subparagraph  of  Article  30(1)  of  this  Directive],  without  prejudice  to  the  obligations  of  the 
Member States relating to the time-limit for transposition into national law of the Directive set 
out in Annex II, Part B. 

References  to  the  repealed  Directive  shall  be  construed  as  references  to  this  Directive  and 
shall be read in accordance with the correlation table in Annex III. 

(cid:208) 2003/9/EC (adapted) 

Article 2732 

Entry into force 

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

⌦ Articles [...] [The articles which are unchanged by comparison with the earlier Directive] 
and Annex I shall apply from [day after the date set out in the first subparagraph of Article 
30(1)]. ⌫ 

Article 2833 

Addressees 

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

Done at [...] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

EN 

36 

   EN 

 
 
(cid:216) new 

ANNEX I 

Reporting  form  on  the  information  to  be  submitted  by  Member  States  on  an  annual 
basis, as required under Article 27(2) of Directive […/…/EC] 

1. 
Indicate  the  total  number  of  persons  in  your  Member  State  currently  covered  by 
reception conditions as stipulated in Article 3(1) of Directive [.../…EC], broken down by sex 
and  age.  For  each  such  person,  indicate  whether  he  or  she  is  an  applicant  for  asylum  or  a 
family member as defined in Article 2(c) of Directive […/…/EC].  

2. 
On the basis of Article 21 of Directive [.../.../EC] please provide statistical data on the 
number of asylum seekers with special needs identified divided into the following groups of 
persons with special needs: 

•  unaccompanied minors  

•  disabled people 

•  elderly people 

•  pregnant women 

•  single parents with minor children 

•  persons who have been subjected to torture, rape or other serious forms of psychological, 

physical or sexual violence 

•  victims of trafficking 

•  persons with mental health problems 

•  other (please explain) 

Provide  detailed  information  concerning  the  documents  provided  for  in  Article  6  of 

3. 
Directive [.../.../EC], including in particular the type, name and format of these documents.  

EN 

37 

   EN 

 
 
 
 
 
 
 
 
4. 
With  reference  to  Article  15  Directive  [.../.../EC],  indicate  the  total  number  of 
applicants for asylum in your Member State who have access to the labour market, as well as 
the total number who are currently employed, broken down by economic sector. To the extent 
that  any  particular  conditions  are  attached  to  labour  market  access  for  asylum  seekers, 
describe in detail such restrictions.  

5. 
With  reference  to  Article  17(5)  Directive  [.../…/EC],  describe  in  detail  the  nature  of 
material reception conditions, including their monetary value, and how they are provided (i.e. 
which  material  reception  conditions  are  provided  in  kind,  in  money,  in  vouchers  or  in  a 
combination  of  these  elements)  and  indicate  the  level  of  the  daily  expenses  allowance 
provided to asylum seekers. 

6.  With  reference  to  Article  17(5)  Directive  [.../.../EC],  indicate  the  types  and  amounts  of 
social assistance available for asylum seekers; include in your reply points of reference with 
the  minimum  amount  of  social  assistance  made  available  by  Member  States  for  nationals 
requiring such assistance. To the extent that the social assistance available to asylum seekers 
differs from those available to nationals, explain the reasons for these differences.  

EN 

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(cid:208)  

ANNEX II 

Part A 

Repealed Directive 
(referred to in Article 31) 

Council Directive 2003/9/EC 

(OJ L 31, 6.2.2003, p. 18) 

Part B 

Time-limit for transposition into national law 
(referred to in Article 30) 

Directive 

Time-limit for transposition 

2003/9/EC 

6 February 2005 

_____________

EN 

39 

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ANNEX III 

CORRELATION TABLE 

Directive 2003/9/EC 

This Directive 

Article 1 

Article 1 

Article 2, introductory words 

Article 2, introductory words 

Article 2(a) to (c) 

Article 2(a) to (c) 

Article 2(d) introductory wording and points 
(i) and (ii)  

Article 2(d) introductory wording and points 
(i) and (ii)  

- 

Article 2(c) points (iii), (iv) and (v)  

Article 2 (e) and (f)  

- 

Article 2 (g)  

- 

Article 2(h) 

Article 2(i) 

Article 2(j) 

Article 2(k) 

Article 2(l) 

Article 3 

Article 4 

Article 5 

Article 2 (g)  

Article 2(h) 

Article 2(i) 

Article 2(j) 

Article 2(k) 

Article 2(l) 

Article 2(m) 

Article 3 

Article 4 

Article 5 

Article 6 (1) first subparagraph 

Article 6 (1) first subparagraph 

Article 6 (1) second subparagraph 

Article 6 (1) third subparagraph 

Article 6 (2) to (5) 

Article 7(1) and (2) 

Article 7(3) 

Article 7(4) to (6) 

- 

Article 6 (2) to 6 (5) 

Article 7(1) and (2) 

- 

Article 7(3) to (5) 

Article 8 

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- 

- 

- 

Article 8 

Article 9 

Article 10 (1)  

Article 10 (2) 

- 

Article 10 (3) 

Article 11 (1) 

- 

Article 11 (2) 

Article 11 (3)  

Article 11 (4) 

Article 12 

Article 9 

Article 10 

Article 11 

Article 12 

Article 13 

Article 14 (1)  

Article 14 (2) first subparagraph 

Article 14 (2) second subparagraph 

Article 14 (3) 

- 

Article 15 (1) 

Article 15 (2)  

Article 15 (3)  

- 

Article 16 

Article 13 (1) to (4)  

Article 17 (1) to (4) 

Article 13 (5) 

- 

Article 14 (1)  

- 

Article 17 (5)  

Article 18 (1)  

Article 14 (2) introductory wording and first 
subparagraph  

Article 18 (2) introductory wording and first 
subparagraph 

- 

Article 18 (2) second subparagraph 

Article 14 (2) second subparagraph 

Article 18 (2) third subparagraph 

Article 14 (3) to (7) 

Article 18 (3) to (7) 

Article 14 (8) introductory wording  

Article 18 (8) introductory wording  

Article 14 (8) first subparagraph first indent   Article 18 (8) first subparagraph point (a) 

Article 14 (8) first subparagraph second 
indent  

- 

EN 

41 

   EN 

Article 14 (8) first subparagraph third and 
fourth intend  

Article 18 (8) first subparagraph point (b) and 
(c) 

Article 14 (8) second subparagraph 

Article 18 (8) second subparagraph 

Article 15  

Article 19 

Article 16 (1) introductory wording 

Article 20 (1) introductory wording 

Article 16 (1) (a)  

- 

Article 16 (1) (a) first, second and third 
indent  

Article 20 (1) point a, b and c 

Article 16 (1) (b) first subparagraph 

- 

- 

Article 20 (2) first subparagraph 

Article 16 (1) (b) second subparagraph 

Article 20 (2) second subparagraph 

Article 16 (2)  

- 

Article 16 (3) to (5) 

Article 20 (3) to (5) 

Article 17 (1) 

Article 21 (1) first subparagraph 

Article 21 (1) second subparagraph 

Article 17 (2) 

- 

Article 18 (1) 

-  

Article 18 (2) 

Article 19 

Article 20  

- 

Article 21 (1)  

- 

Article 21 (2) 

Article 22 

- 

EN 

- 

Article 21 (2) 

Article 22 (1) 

Article 22 (2) and (3) 

Article 22 (4) 

Article 23 

Article 24 (1) 

Article 24 (2)  

Article 25 (1) 

Article 25 (2) first subparagraph 

Article 25 (2) second subparagraph 

- 

Article 26 

42 

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Article 23  

- 

Article 24 

Article 25 

Article 26 

- 

Article 27 

- 

Article 28 

– 

– 

- 

Article 27 (1) 

Article 27 (2) 

Article28 

Article 29 

Article 30 

Article 31 

Article 32 first subparagraph 

Article 32 second subparagraph 

Article 33 

Annex I 

Annex II 

Annex III 

EN 

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