Amended proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down standards for the reception of asylum seekers (Recast) Amended proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down standards for the reception of asylum seekers (Recast)
Date: 2011-06-01
Institutions: European Commission
Subjects: EU Charter of Fundamental Rights, EU migration policy, basic needs, external border of the EU, freedom of movement, job access, right of asylum, right to justice, schooling

EUROPEAN COMMISSION 

Brussels, 1.6.2011 
COM(2011) 320 final 

2008/0244 (COD) 

Amended proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

laying down standards for the reception of asylum seekers  

(Recast) 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

1.1. 

Grounds for and objectives of the proposal 

As announced in the Policy Plan on Asylum1, on 9 December 2008 the Commission 
presented  a  proposal  amending  Council  Directive  2003/9/EC  of  27  January  2003 
laying down minimum standards for the reception of asylum seekers2 (hereafter – the 
Reception  Conditions  Directive).  The  proposal  was  prepared  on  the  basis  of  the 
evaluation  of  the  application  of  the  current  Directive  in  Member  States  and  after  a 
wide  consultation  process  with  Member  States,  UNHCR,  NGOs  and  other  relevant 
stakeholders. 

On  7  May  2009  the  European  Parliament  adopted  its  position3  on  the  Commission 
proposal  which  approves  the  great  majority  of  the  proposed  amendments.  The 
proposal  was  discussed  in  the  Council  mainly  under  the  Czech  and  the  Swedish 
Presidencies but negotiations have been difficult and no position was reached on the 
text in the Council.  

By  presenting  the  modified  proposal,  the  Commission  intends  to  use  its  right  of 
initiative to boost up the work towards achieving a true Common European Asylum 
System  (CEAS).  The  Commission  is  convinced  that  such  a  system,  being  both  fair 
and efficient, will benefit Member States and refugees alike.  

The  Commission  has  a  political  responsibility  to  facilitate  negotiations  and  to 
provide  real  opportunities  so  that  the  Union  respects  its  commitment  set  out  in  the 
Stockholm Programme to achieve the CEAS by 2012. The adoption of the new Long 
Term Residence Directive which now covers beneficiaries of international protection 
gave a strong impetus towards this direction.  

The Commission also adopts at the same time its modified proposal for the Asylum 
Procedures Directive. 

Reception conditions should ensure a dignified standard of living and be comparable 
throughout  the  Union,  irrespective  of  where  an  asylum  application  has  been  made. 
To achieve these objectives, the Commission has continued to gather knowledge on 
how  to  consolidate  the  best  national  practices  and  how  to  make  them  easy  to 
implement across the EU.  

The modified proposal brings together the knowledge and experience built up during 
the  negotiations  and  in  consultations  with  other  stakeholders  such  as  UNHCR  and 
NGOs,  into  a  simplified  and  more  coherent  reception  system  in  line  with 
fundamental rights.  

1 
2 
3 

COM(2008) 360. 
OJ L 31, 6.2.2003, p. 18. 
OJ C 212 E, 5.8.2010, p. 348. 

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In  particular,  it  introduces  clearer  concepts  and  more  simplified  rules  and  grants 
Member States more flexibility in integrating them into their national legal systems. 
It  also  better  enables  Member  States  to  address  possible  abuses  of  their  reception 
systems  and  it  attends  to  their  concerns  on  the  financial  and  administrative 
implications  of  some  of  the  proposed  measures.  At  the  same  time,  the  modified 
proposal maintains high standards of treatment in line with fundamental rights. This 
is particularly the case in relation to detention; severe restrictions on the right to free 
movement  shall  only  be  applied  when  necessary  and  proportionate  and  should  be 
accompanied  by  necessary  legal  guarantees.  The  particular  situation  of  vulnerable 
persons  must  always  be  a  primary  concern.  Reception  standards  should  also  be 
further  harmonised  to  address  secondary  movements  to  the  extent  that  they  are  a 
relevant cause of this phenomenon.  

The modified proposal should be viewed together with the modified proposal on the 
Asylum  Procedures  Directive.  That  proposal,  inter  alia,  aims  to  improve  the 
efficiency  and  quality  of  national  asylum  systems  which  should  reduce  Member 
States' reception cost by enabling them to deliver decisions quicker.  

The  modified  proposal  also  relates  to  the  Regulation  establishing  the  European 
Asylum Support Office (EASO) adopted on 19 May 2010, thus after the adoption of 
the initial proposal on the Reception Conditions Directive. The EASO could provide 
practical support and expertise to Member States for implementing the provisions of 
the Directive and for identifying best practices. It could also support those Member 
States that face particular pressures in their reception systems by identifying the most 
cost-effective  ways  to  implement  the  envisaged  measures  through  the  pooling  of 
good  practices  and  the  structured  exchange  of  high-level  practices.  Indeed,  for  the 
first time since its adoption, the EASO will provide this kind of assistance to Greece 
with the deployment of asylum support teams to assist in addressing urgent needs in 
their asylum procedure.  

1.2. 

General context 

The  2008  proposal  and  the  present  modified  proposal  are  part  of  a  legislative 
package in the area of asylum aiming to establish a CEAS by 2012.  

In particular, in 2008, together with the proposal amending the Reception Conditions 
Directive,  the  Commission  also  adopted  proposals  amending  the  Dublin  and 
EURODAC Regulations. In 2009, the Commission adopted proposals amending the 
Asylum  Procedures  and  the  Qualification  Directives.  In  2010,  the  Regulation 
establishing  European  Asylum  Support  Office  was  adopted  which  aims  to  increase 
operational cooperation between Member States and facilitate the implementation of 
common rules in the area of asylum.  

This  legislative  package  is  in  line  with  the  European  Pact  on  Immigration  and 
Asylum adopted on 16 October 2008 which reconfirmed the objectives of The Hague 
Programme, and called on the Commission to present proposals for establishing, in 
2012 at the latest, a single asylum procedure comprising common guarantees. In the 
same framework, the Stockholm Programme adopted by the European Council in its 
meeting of 10-11 December 2009 underlined the need establish "a common area of 
protection and solidarity based on a common asylum procedure and a uniform status 
for those granted international protection", based on "high protection standards" and 

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"fair  and  effective  procedures",  by  2012.  More  specifically,  the  Stockholm 
Programme provides that individuals, regardless of the Member State in which their 
application  for  asylum  is  made,  are  offered  an  equivalent  level  of  treatment  as 
regards reception conditions.  

An  Impact  Assessment4  was  conducted  as  part  of  the  preparation  of  the  previous 
proposal.  The  modified  proposal  is  based  on  the  same  principles  as  the  previous 
proposal. In addition it aims to simplify and clarify certain provisions to make their 
implementation  easier.  For  this  reason,  the  Impact  Assessment  conducted  for  the 
previous proposal continues to apply to the modified proposal. 

1.3. 

Consistency with other policies and objectives of the Union 

This  proposal  is  fully  in  line  with  the  Tampere  European  Council  Conclusions  of 
1999, The Hague Programme of 2004, the 2008 European Pact on Immigration and 
Asylum  and  the  Stockholm  Programme  of  2009  in  relation  to  the  establishment  of 
the CEAS.  

The proposal is also consistent with the objectives of the Europe 2020 strategy since 
it  ensures  appropriate  access  to  employment  for  asylum  seekers.  Asylum  seekers 
who  make  an  economic  contribution  cease  to  require  additional  support  from 
national  welfare  systems,  and  thus  make  a  positive,  even  if  often  temporary, 
contribution to growth.  

2. 

CONSULTATION OF INTERESTED PARTIES 

As part of the preparatory work for the previous proposal, the Commission presented 
a Green Paper, conducted several experts' meetings, including with the UNHCR and 
civil society partners, commissioned an external study, and collected data in response 
to several detailed questionnaires.  

The  Commission  also  adopted  an  Evaluation  Report  on  the  application  of  the 
Directive  which  identified  a  number  of  deficiencies  in  Member  States'  laws  and 
policies.  

Following  the  adoption  of  the  initial  proposal  in  December  2008  discussions  were 
conducted at the technical level in the Council, mainly under the Czech and Swedish 
Presidencies.  The  discussions  revealed  that  many  Member  States  opposed  specific 
provisions of the proposal because of the particularities of their asylum and/or legal 
systems.  In  this  respect  it  was  feared  that  adaptations  would  require  substantial 
financial  efforts  and  administrative  readjustments  and  would 
the 
effectiveness of the asylum procedure.  

impede 

During the discussions, Member States had  the opportunity to explain the potential 
implementation problems that they could encounter regarding specific provisions. It 
became apparent that, in order to avoid incorporating multiple exceptions for specific 
Member States and thus jeopardising the overall coherence of the proposed system, 
there  was  an  opportunity  for  the  Commission  to  revisit  the  proposal  to  propose  a 

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SEC(2008) 2944. 

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more  comprehensive  solution  to  the  issues  voiced,  while  safeguarding  the  added 
value  of  the  text.  Clarifying  and  simplifying  the  proposed  provisions  to  make  their 
implementation  easier  for  Member  States  should  give  a  renewed  impetus  to  the 
discussions. The Commission therefore announced in the Justice and Home Affairs 
Council  of  8  November  2010  that  it  would  present  a  modified  proposal  for  this 
Directive as well as for the Asylum Procedures Directive before the start of the 2011 
Polish Council Presidency.  

The  proposed  amendments  included  in  the  position  of  the  European  Parliament, 
adopted  on  7  May  2009,  are  to  a  large  extent  taken  on  board  in  the  modified 
proposal. The modified proposal also takes due regard to the opinion of the European 
Economic  and  Social  Committee5  and  the  Committee  of  the  Regions6  and  to  the 
results of consultations with other stakeholders such as UNHCR and NGOs working 
in the area of fundamental rights.  

As  part  of  the  preparatory  work  for  this  modified  proposal,  the  Commission 
conducted  a  series  of  bilateral  technical  consultation  meetings  with  stakeholders 
including  national  administrations  in  January–April  2010,  where  constraints  and 
reservation on the Commission's initial proposal were explained in detail.  

The  modified  proposal  also  takes  into  account  the  discussions  in  the  framework  of 
the  Ministerial  Conference  on  the  quality  and  efficiency  in  the  asylum  process, 
organised by the Belgian Presidency on 13-14 September 2010. The conference inter 
alia focused on the issue of addressing the needs of vulnerable asylum applicants.  

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

3.1. 

Summary of the proposed action 

The main objective of this modified proposal is to further clarify and provide more 
flexibility to the proposed reception standards so that they can be easier built into the 
national  legal  systems.  At  the  same  time it maintains  the  key elements of the  2008 
proposal, namely ensuring adequate and comparable reception conditions throughout 
the  EU.  It  also  continues  to  guarantee  full  respect  of  fundamental  rights  as  it  is 
informed by developing case law of the Court of Justice of the European Union and 
the European Court of Human Rights. This is especially the case as regards the right 
to freedom of movement and respect of dignity.  

Finally, the proposal enhances the consistency within the CEAS legislative package, 
in particular with the modified proposal on the Asylum Procedures Directive. Where 
necessary,  it  also  includes  amendments  resulting  from  the  negotiations  on  the 
Qualification Directive and the Dublin Regulation to ensure coherence in respect of 
horizontal issues.  

The modified proposal mainly addresses the following issues: 

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6 

OJ C 317, 23.12.2009, p. 110. 
OJ C 79, 27.3.2010, p. 58. 

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3.1.1.  Making implementation easier for Member States  

The modified proposal grants Member States more latitude in the implementation of 
some of the proposed measures in comparison to the 2008 proposal, which addresses 
concerns on potentially high financial implications and administrative constraints and 
costs.  This  is  achieved  by  proposing  better  defined  legal  notions,  more  simplified 
reception standards and devices, and more adaptable rules that could be more easily 
built into national practices.  

These  amendments  concern  in  particular,  guarantees  for  detained  asylum  seekers, 
reception conditions in detention facilities, deadlines for access to the labour market, 
level  of  health  care  provided  for  persons  with  special  reception  needs  and 
identification  mechanisms  for  such  needs,  access  to  material  support  and  the 
reporting  obligations  aimed  to  ensure  better  monitoring  of  the  Directive's  key 
provisions.  

The  modified  proposal  also  better  ensures  that  Member  States  have  the  tools  to 
address  cases  where  reception  rules  are  abused  and/or  become  pull  factors.  In 
particular,  the  modified  proposal  allows  more  cases  of  withdrawal  of  material 
support,  provided  that  necessary  guarantees  are  applied  and  that  the  situation  of 
particularly vulnerable persons is respected.  

3.1.2.  Clear and strict rules on detention 

It is necessary to establish strict and exhaustive EU rules to ensure that detention is 
not arbitrary and that fundamental rights are respected in all cases. The Commission 
is concerned about the wide use of detention of asylum seekers while the EU asylum 
acquis  is  silent  on  this  issue.  The  modified  proposal  therefore  retains  the  general 
approach of the 2008 proposal on the issue of detention. In particular, detention may 
only  occur  under  prescribed  grounds  and  only  if  it  is  in  line  with  the  principles  of 
proportionality  and  necessity,  after  an  individual  examination  of  each  case. 
Necessary  guarantees  shall  be  available  such  as  access  to  an  effective  remedy  and 
free  legal  assistance  where  necessary.  Reception  conditions  in  detention  must  also 
respect  human  dignity.  The  proposed  amendments  are  fully  in  line  with  the  EU 
Charter of Fundamental Rights and recent case law of the ECtHR in its interpretation 
of Article 3 of the Convention.  

At  the  same  time  more  flexibility  for  some  of  the  proposed  detention  rules  and 
clarification  of  different  notions  has  been  introduced  in  order  to  facilitate  their 
implementation,  and  to  accommodate  certain  particularities  of  Member  States' 
different  legal  systems  (e.g.  concerning  access  to  free  legal  assistance  and  the 
possibility of the administrative authorities to issue a detention order ). The modified 
proposal  also  introduces  more  adaptable  conditions  of  detention  in  relation 
geographical  areas  where  it  is  practically  difficult  to  always  ensure  the  full  set  of 
guarantees  proposed,  namely  border  posts  and  transit  zones.  Several  amendments 
were also introduced, in line with EU rules on detention applicable for third country 
nationals subject to a return decision to ensure, where appropriate, a more consistent 
approach on detention rules of third country nationals.  

Discussions  in  the  Council  revealed  that  in  certain  circumstances  it  is  in  the  best 
interests of unaccompanied minors to be kept in detention facilities, in particular to 

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prevent  abductions  which  reportedly  do  occur  in  open  centres.  In  this  respect,  the 
modified  proposal  allows  the  detention  of  unaccompanied  minors,  only  if  it  is 
established that it is in their best interests, as defined in the proposed Directive, and 
that alternative non-detention measures will not be effective. Moreover it has to be 
ensured  through  an  individual  examination  of  the  situation  that  detention  will  not 
harm  their  health  and  well-being.  Moreover,  detention  may  only  be  applied  if  the 
necessary  reception  conditions  can  be  offered  in  the  specific  detention  facility 
(access to leisure activities, including in open air etc.). This proposed provision is in 
line with the ECtHR case law. 

3.1.3.  Ensuring dignified standards of living 

-  Addressing  special  reception  needs  has  been  identified  as  one  of  the  areas  where 
current  national  standards  are  very  problematic.  Identifying  special  reception  needs 
not only has a bearing on access to appropriate treatment, but could also affect the 
quality  of  the  decision-making  process.  The  modified  proposal  aims  to  ensure  that 
national measures are put in place for the swift identification of the special reception 
needs of vulnerable persons and the continuous support and monitoring of individual 
cases.  Particular  attention  is  placed  on  the  special  reception  needs  of  particularly 
vulnerable  groups  such  as  minors  and  victims  of  torture.  At  the  same  time  the 
modified proposal introduces a simplified format of this identification process and a 
clearer link between vulnerable persons and persons with special reception needs.  

The proposal does not include reference to equal treatment with nationals concerning 
access  to  health  care,  taking  note  of  the  position  of  the  European  Parliament  and 
strong reservations in the Council.  

- The evaluation of the implementation of the current Directive noted deficiencies in 
relation to the level of material support Member States provide to asylum applicants. 
Although  the  current  Directive  stipulates  the  obligation  of  ensuring  adequate 
standards of treatment, it has been difficult in practice to define the required level of 
support.  It  is  therefore  necessary  to  introduce  points  of  reference  that  could  better 
"quantify"  this  obligation  and  can  also  be  effectively  applied  by  national 
administrations.  

During Council negotiations and recent consultations with Member States it became 
clear  that  relevant  points  of  reference  are  actually  envisaged  under  national  law  or 
practices in this respect, although they are quite divergent. Taking note of this fact, 
the  modified  proposal  allows  flexibility  and  does  not  aim  to  establish  a  single  EU 
point of reference but allows the applications of different national benchmarks in this 
respect  provided  that  they  are  measurable  and  can  facilitate  the  monitoring  of  the 
level of support provided to applicants.  

3.1.4.  Enhancing self-sufficiency of asylum seekers 

Access  to  employment  could  prevent  exclusion  from  the  host  society  and  promote 
self-sufficiency among asylum seekers. Mandatory unemployment on the other hand 
imposes  costs  on  the  State  through  the  payment  of  additional  social  welfare 

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payments and could encourage illegal working7. In this respect, facilitating access to 
employment is beneficial both for asylum applicants and the host Member State.  

A higher degree of flexibility is allowed by the modified proposal concerning access 
to the labour market, in line with the provisions on the duration of the examination of 
an asylum application set out in the Asylum Procedures Directive modified proposal.  

3.2. 

Legal basis 

The modified proposal is based on Article 78(2)(f) of the Treaty on the Functioning 
of the European Union (TFEU), which calls for the establishment of "standards" for 
the reception of asylum seekers.  

3.3. 

Territorial application 

The proposed Directive will be addressed to the Member States. Application of the 
Directive to the United Kingdom and Ireland will be determined in accordance with 
the provisions of Protocol No 21 annexed to the TFEU. 

In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, 
annexed  to  the  TFEU,  Denmark  is  not  bound  by  the  Directive  nor  is  subject  to  its 
application.  

3.4. 

Subsidiarity Principle 

Title  V  of  the  TFEU  on  the  Area  of  Freedom,  Security  and  Justice  confers  certain 
powers on these matters to the European Union. These powers must be exercised in 
accordance with Article 5 of the Treaty on European Union, 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 Union. 

The  current  legal  base  for  Union  action  is  established  in  Article  78  TFEU.  This 
provision states that the Union is to “develop a common policy on asylum, subsidiary 
protection and temporary protection with a view to offering appropriate status to any 
third-country  national  requiring  international  protection  and  ensuring  compliance 
with  the  principle  of  non-refoulement.  This  policy  must  be  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”. Article 78(2)(f) states that the European Parliament and the Council acting 
in  accordance  with  the  ordinary  procedure  shall  adopt  measures  for  a  common 
European  asylum  system  comprising  "standards  concerning  the  conditions  for  the 
reception of applicants for asylum or subsidiary protection".  

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 CEAS, 
in  particular  concerning  standards  for  reception  applicable  throughout  the  Union. 

7 

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. 

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Although  an  important  level  of  harmonization  was  reached  by  the  adoption  of  the 
directive in 2003, further EU action is necessary in order to attain higher and more 
harmonised standards on reception conditions.  

3.5. 

Proportionality Principle 

The  impact  assessment  on  the  amendment  of  the  Reception  Conditions  Directive, 
conducted  as  part  of  the  preparatory  work  for  the  previous  proposal,  assessed  each 
option with regard 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.  The  present  modified  proposal  retains  the  guiding  principles  of  the 
previous  proposal,  while  introducing  additional  flexibility  for  Member  States,  thus 
further contributing to the respect of the principle of proportionality.  

3.6. 

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 
Union law, as provided in the EU Charter of Fundamental Rights ("the Charter"), 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  reception  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 provided in Article 6 of the Charter 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 with regard both to the manner and to the purpose of such detention. 
Access to an effective remedy is also ensured, according to Article 47 of the Charter.  

The  rights  of  minors  will  be  better  reflected  in  the  text  by  including  a  relevant 
definition, clarifying the principle of the child's best interests in line with Article 24 
of  the  Charter,  and  restricting  possibilities  of  detention.  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  proposal  will  reinforce  the  principle  of  non-discrimination  as 
provided  in  Article  21  of  the  Charter  by  ensuring  that  asylum  seekers  are  not 
unjustifiably  treated  less  favourably  in  comparison  to  nationals.  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  EU  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 embodied in the Charter. 

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(cid:208) 2003/9/EC  

2008/0244 (COD) 

Amended proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

laying down standards for the reception of asylum seekers  

(Recast) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union, and in particular point 
2(f) of Article 78 thereof, 

Having regard to the proposal from the European Commission, 

Having regard to the opinion of the European Economic and Social Committee8, 

Having regard to the opinion of the Committee of the Regions9, 

Acting in accordance with the ordinary legislative procedure, 

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 seekers10. 
In the interests of clarity, that Directive should be recast. 

(cid:216) new 

(cid:208) 2003/9/EC recital 1 (adapted) 
(cid:214) 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 ⌦ European Union ⌫ Community. (cid:214) It should be 

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10 

OJ C , , p. . 
OJ C , , p. . 
OJ L 31, 6.2.2003, p. 18. 

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governed by the principle of solidarity and fair sharing of responsibility, including its 
financial implications, between the Member States.  

(cid:208) 2003/9/EC recital 2 
(cid:214) new 

(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.  (cid:214) The  first  phase  of  a 
Common  European  Asylum  System  was  achieved  through  the  adoption  of  relevant 
legal instruments foreseen in the Treaties, including Directive 2003/9/EC.  

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 

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 

(4) 

(5) 

The  European  Council,  at  its  meeting  of  4  November  2004,  adopted  The  Hague 
Programme  which  set  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 
instruments and to submit the second-phase instruments and measures to the Council 
and the European Parliament. 

The European Council at its meeting of 10-11 December 2009 adopted the Stockholm 
programme  which  reconfirmed  the  commitment  to  establishing  a  common  area  of 
protection and solidarity based on a common asylum procedure and a uniform status 
for those granted international protection based on high protection standards and fair 
and effective procedures by 2012. The Stockholm Programme further provides that it 
is  crucial  that  individuals,  regardless  of  the  Member  State  in  which  their  application 
for asylum is made, are offered an equivalent level of treatment as regards reception 
conditions.  

(6) 

The  resources  of  the  European  Refugee  Fund  and  of  the  European  Asylum  Support 
Office, established by Regulation (EU) No 439/2010 of the European Parliament and 

EN 

11 

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of  the  Council11,  should  be  mobilised  to  provide  adequate  support  to  the  Member 
States' efforts relating to the implementation of the standards set in the second phase of 
the  Common  European  Asylum  System,  in  particular  to  those  Member  States  which 
are faced with specific and disproportionate pressures on their asylum systems, due in 
particular to their geographical or demographic situation. 

In the light of the results of the evaluations undertaken on the implementation of the 
first  phase  instruments,  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. 

(7) 

(8) 

(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 Charter of Fundamental Rights of the European Union, 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.  

(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 

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

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

(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 

11 

OJ L 132, 29.5.2010, p.11. 

EN 

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(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 Directive […/…/EU] [the Qualification Directive], it is appropriate to 
extend  the  scope  of  this  Directive  in  order  to  include  applicants  for  subsidiary 
protection. 

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

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

(cid:216) new 

(15)  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  are  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 be able to 
have effective access to the necessary procedural guarantees such as judicial remedy 
before a national court.  

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

(16)  Reception of aApplicants 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.  

(17)  There may be cases where it is not possible in practice to immediately ensure certain 
reception  guarantees  in  detention,  for  example  due  to  the  geographic  location  or  the 

(cid:216) new 

EN 

13 

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specific structure of the detention facility. However any derogation to these guarantees 
should be of a temporary nature and applied only under the circumstances set out in 
this Directive. Derogations should only be applied in exceptional circumstances; they 
should  be  duly  justified,  taking  into  consideration  the  circumstances  of  each  case 
including the level of severity of the derogation applied, its duration and its impact on 
the concerned individual.  

(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  

(cid:216) new 

(19) 

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.  These  rules  should  be  consistent  with  the  rules  on  the 
duration of the examination procedure as stipulated in Directive […/…/EU/] [Asylum 
Procedures Directive]. 

(20)  To  ensure  that  the  material  support  provided  to  asylum  seekers  is  in  line  with  the 
principles  set  out  in  this  Directive,  it  is  necessary  that  Member  States  determine  the 
level of such support on the basis of relevant and measurable points of reference.  

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

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

(22)  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 

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14 

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(23)  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 

(24) 

It is in the very nature of minimum standards that Member States ⌦ should ⌫ 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 (adapted) 

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

(25) 

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  (cid:214)  Directive  […/…/EU]  [The  Qualification 
Directive]  the Geneva Convention for third country nationals and stateless persons. 

(26)  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 (adapted) 

(27)  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 
⌦ Union ⌫  Community  may  adopt  measures  in  accordance  with  the  principles  of 
subsidiarity  as  set  out  in  Article  5  of  the  Treaty  on  European  Union .  In  accordance 
with the principle of proportionality, as set out in that Article, this Directive does not 
go beyond what is necessary in order to achieve those objectives. 

the  ⌦ Union ⌫  Community, 

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  

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15 

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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 

(cid:216) new 

(28) 

In  accordance  with  Article  4a(1)  of  Protocol  No.  21  on  the  position  of  the  United 
Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed 
to  the  Treaty  on  European  Union,  and  to  the  Treaty  on  the  Functioning  of  the 
European  Union  and  without  prejudice  to  paragraph  2  of  that  Article,  so  long  as  the 
United Kingdom has not notified its wish to accept this measure, in accordance with 
Article 4 of that Protocol, it is not bound by it and continues to be bound by Directive 
2003/9/EC. 

(29) 

In  accordance  with  Article  1  of  the  said  Protocol,  Ireland  is  not  taking  part  in  the 
adoption  of  this  Directive.  Without  prejudice to Article 4 of that Protocol,  Ireland is 
therefore not bound by this Directive. 

(30) 

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 on the Functioning of the 
European Union establishing the European Community, Denmark does not take part in 
the adoption of this Directive and is not bound by it or subject to its application. 

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

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

(31)  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), 21, 24 and 47  of the said Charter 
(cid:214) and has to be implemented accordingly .  

(32)  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. 

(cid:216) new 

EN 

16 

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(33)  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. 

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  point  (h)  of  Article  2  of  Directive  […/…/EU]  [the 
Qualification Directive]; 

(cid:216) new 

(b)(c) 

"applicant" ⌦, "applicant for international protection" ⌫ or "asylum seeker" shall 
mean ⌦ means ⌫ a third country national or a stateless person who has made an 

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

EN 

17 

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application  for  asylum (cid:214) international  protection   in  respect  of  which  a  final 
decision has not yet been taken; 

(c)(d) 

"family members" shall mean ⌦ means ⌫, in so far as the family already existed in 
the  country  of  origin,  the  following  members  of  the  applicant's  family  who  are 
for 
present 
asylum (cid:214) international protection : 

the  same  Member  State 

the  application 

relation 

to 

in 

in 

⌦ (i) when the applicant is an adult; ⌫ 

(i) - 

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

(ii) -  the  minor children of the  couple ⌦ couples ⌫ referred to in the first indent 
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 

- 

the married minor children of couples referred to in the first indent of 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,  provided  they  are  not 
accompanied by their spouses and it is in their best interests to consider them 
as family members;  

(ii)  when the applicant is an unmarried minor: 

- 

- 

the  father,  mother,  regardless  of  whether  the  applicant  was  born  in  or  out  of 
wedlock or adopted as defined under the national law, or the adult responsible 
for  the  applicant  whether  by  law  or  by the  national  practice  of  the  Member 
State concerned ;  

the minor siblings of the applicant, regardless of whether they were born in or 
out of wedlock or adopted as defined under the national law, provided they are 
unmarried  or  married  but  not  accompanied  by  their  spouses  and  it  is  in  their 
best interests to be considered family members;  

(iii)  when  the  applicant  is  a  married  minor,  the  persons  referred  to  in  point  (ii) 
provided the applicant is not accompanied by his/her spouse and it is in the best 
interests of the applicant or his/her siblings to consider the persons referred to 
in point (ii) as family members. 

(e) 

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

(cid:208) 2003/9/EC  

EN 

18 

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(f) 

(g) 

"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; 

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

(d) 

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

(cid:216) new 

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

(e)(h) 

"unaccompanied minors" shall mean ⌦ means ⌫ (cid:214) a minor  persons below the 
age  of  eighteen  who  arrive  ⌦ arrives ⌫  in  the  territory  of  the  Member  States 
unaccompanied by an adult responsible for them him/her whether by law or by (cid:214) the 
national practice of the Member State concerned  custom, and for as long as they 
are  ⌦ he/she  is ⌫  not  effectively  taken  into  the  care  of  such  a  person;  it  shall 
include minors ⌦ includes a minor ⌫ who ⌦ is ⌫ are left unaccompanied after 
they have ⌦ he/she has ⌫ entered the territory of Member States;  

(f)(i) 

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

(g)(j) 

(h)(k) 

"material  reception  conditions"  shall  mean  ⌦ 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 mean ⌦ 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; 

(i)(l) 

"accommodation  centre"  shall  mean  ⌦ means ⌫  any  place  used  for  collective 
housing of asylum seekers;.  

(cid:216) new 

(j) 

"representative"  means  a  person or  an  organisation  appointed  by  the  competent 
bodies to act as a legal guardian in order to assist and represent an unaccompanied 
minor in procedures provided for in this Directive with a view to ensuring the child's 
best interests and exercising legal capacity for the minor where necessary. Where an 
organisation acts as a representative, it shall appoint a person responsible for carrying 
out the duties of the legal guardian in respect of the minor, in accordance with this 
Directive;  

EN 

19 

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(k) 

"applicant  with  special  reception  needs"  means  a  vulnerable  applicant,  in  line  with 
Article  21,  who  is  in  need  of  special  guarantees  in  order  to  benefit  from  the  rights 
and comply with the obligations provided for in this Directive.  

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

Article 3 

Scope 

1. 

2. 

3. 

4. 

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) in  the  territorial  waters  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 (cid:214) international protection  asylum according to the national law.  

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

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 
thereof12 are applied. 

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 
(cid:214) Directive […/…/EU] [the Qualification Directive]  the Geneva Convention for 
third-country nationals or stateless persons who are found not to be refugees. 

Article 4 

More favourable provisions 

Member States may introduce or retain more favourable 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. 

12 

OJ L 212, 7.8.2001, p. 12. 

EN 

20 

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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 (cid:214) international protection  
asylum 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. 

2. 

1. 

2. 

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

Member  States  shall  ensure  that  the  information  referred  to  in  paragraph  1  is  in 
writing and, as far as possible, in a language that the applicants (cid:214) understand or  
may  ⌦ are ⌫ reasonably  be  supposed  to  understand.  Where  appropriate,  this 
information may also be supplied orally. 

Article 6 

Documentation 

Member  States  shall  ensure  that,  within  three  days  after  an  application  (cid:214) for 
international  protection   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 she is allowed to stay in the territory of 
the Member State while his or her application is pending or being examined. 

If the holder is not free to move within all or a part of the 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  (cid:214) international 
protection   asylum  made  at  the  border  or  within  the  context  of  a  procedure  to 
decide on the right of the applicant legally to enter the territory of a Member State. In 
specific  cases,  during  the  examination  of  an  application  for  (cid:214) international 
protection   asylum,  Member  States  may  provide  applicants  with  other  evidence 
equivalent to the document referred to in paragraph 1. 

3. 

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

EN 

21 

   EN 

 
4. 

5. 

6. 

1. 

2. 

3. 

3.4. 

4.5. 

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. 

(cid:216) new 

Member  States  shall  not  impose  any  documentation  or  other  administrative 
requirements on asylum seekers before granting the rights to which they are entitled 
under  this  Directive  for  the  sole  reason  that  they  are  applicants  for  international 
protection.  

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

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 (cid:214) for international protection . 

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.  

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. 

EN 

22 

   EN 

 
 
5.6. 

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

(cid:216) new 

Article 8 

Detention 

1. 

2. 

3. 

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  Directive  […/…/EU] 
[the Asylum Procedures Directive]. 

When it proves necessary and on the basis of an individual assessment of each case, 
Member  States  may  detain  an  applicant,  if  other  less  coercive  alternative  measures 
cannot be applied effectively.  

Without  prejudice  to  Article  11  and  to  detention  in  the  framework  of  criminal 
proceedings, an applicant may only be detained: 

(a) 

in order to determine or verify his/her identity or nationality; 

(b) 

in  order  to  determine,  within  the  context  of  a  preliminary  interview,  the 
elements  on  which  the  application  for  international  protection  is  based  which 
could not be obtained in the absence of detention; 

(c) 

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

(d)  when protection of national security or public order so requires. 

These grounds shall be laid down in national law. 

4. 

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

Article 9 

Guarantees for detained asylum seekers 

1. 

Detention shall be for as short a period as possible and shall only be maintained for 
as long as the grounds set out in Article 8(3) are applicable.  

Administrative  procedures  relevant  to  the  grounds  set  out  in  Article  8(3)  shall  be 
executed with due diligence. Delays in the administrative procedures that cannot be 
attributed to the asylum seeker shall not justify a continuation of detention.  

EN 

23 

   EN 

 
2. 

3. 

4. 

5. 

Detention shall be ordered by judicial or administrative authorities. Where detention 
is ordered by administrative authorities, it 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  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 the procedures laid down in national law for 
challenging  it,  in  a  language  the  asylum  seeker  understands  or  is  reasonably 
supposed  to  understand.  It  shall  immediately  be  provided  to  the  detained  asylum 
seeker.  

Detention  shall  be  reviewed  by  a  judicial  authority  at  reasonable  intervals  of  time, 
either  ex  officio  or  on  request  by  the  asylum  seeker  concerned,  in  particular 
whenever  it  is  of  a  prolonged  duration  or  relevant  circumstances  arise  or  new 
information becomes available which may affect the lawfulness of detention.  

In  cases  of  an  appeal  or  review  of  the  detention  order,  Member  States  shall  ensure 
that  asylum  seekers  have  access  to  free  legal  assistance  and  representation,  where 
they cannot afford the costs involved and in so far as it is necessary to ensure their 
effective access to justice. 

Legal  assistance  and  representation  shall  include,  at  least,  the  preparation  of  the 
required procedural documents and representation before the judicial authorities. 

Legal assistance and representation may be restricted to legal advisers or counsellors 
specifically designated by national law to assist and represent asylum seekers. 

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

Article 10 

Conditions of detention 

1. 

Detention shall only take place in specialised detention facilities. 

2. 

3. 

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.  

Detained asylum seekers shall have access to open-air spaces.  

Member  States  shall  ensure  that  persons  representing  the  United  Nations  High 
Commissioner for Refugees have the possibility to communicate with applicants and 
to  have  access  to  detention  facilities.  This  also  applies  to  an  organisation  which  is 
working  in  the  territory  of  the  Member  State  concerned  on  behalf  of  the  United 
Nations  High  Commissioner  for  Refugees  pursuant  to  an  agreement  with  that 
Member State. 

4. 

Member  States  shall  ensure  that  family members,  legal  advisers  or  counsellors  and 
persons  representing  relevant  non-governmental  organisations  recognised  by  the 

EN 

24 

   EN 

Member  State  concerned,  have  the  possibility  to  communicate  with  applicants  and 
have access to detention facilities. Limits to access may be imposed only where, by 
virtue of national law, they are objectively necessary for the security, public order or 
administrative  management  of  the  detention  facility,  provided  that  access  is  not 
thereby severely limited or rendered impossible. 

5. 

6. 

Member  States  shall  ensure  that  asylum  seekers  in  detention  are  systematically 
provided with information which explains the rules applied in the facility and sets out 
their rights and obligations in a language they understand or are reasonably supposed 
to understand. 

In duly justified cases and for a reasonable period which shall be as short as possible 
Member States may derogate: 

(a) 

the  first  subparagraph  of  paragraph 1  where  accommodation 

from 
in 
specialised  detention  facilities  is  temporarily  not  available  and,  as  a 
consequence,  Member  States  are  obliged  to  resort  to  prison  accommodation, 
provided  that  asylum  seekers  in  detention  are  kept  separately  from  ordinary 
prisoners;  unaccompanied  minors  shall  not,  however,  be  kept  in  prison 
accommodation;  

(b) 

from paragraph 5 when the asylum seeker is detained at a border post or in a 
transit  zone  with  the  exception  of  cases  referred  to  in  Article  43  of  Directive 
[…/…/EU] [the Asylum Procedures Directive]. 

Article 11 

Detention of vulnerable persons and persons with special reception needs 

1. 

In all cases, vulnerable persons shall not be detained unless it is established that their 
health,  including  their  mental  health,  and  well-being,  will  not  significantly 
deteriorate as a result of the detention.  

Where  vulnerable  persons  are  detained,  Member  States  shall  ensure  regular 
monitoring  and  adequate  support  taking  into  account  their  particular  situation 
including their health.  

2. 

Minors shall not be detained unless it is established in an individual case that it is in 
the minor's best interests, as prescribed in Article 23(2).  

Detention  of  minors  shall  be  a  measure  of  last  resort,  after  having  established  that 
other less coercive alternative measures cannot be applied effectively. It shall be for 
as  short  a  period  as  possible  and  all  efforts  shall  be  made  to  release  the  detained 
minors and place them in accommodation suitable for minors.  

Detention  of  unaccompanied  minors  shall  be  resorted  to  only  in  particularly 
exceptional cases.  

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

EN 

25 

   EN 

3. 

4. 

5. 

Minors shall have access to open-air spaces. 

Where unaccompanied minors are detained, Member States shall ensure that they are 
accommodated separately from adults.  

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.  

Exceptions may also apply for the use of common spaces designed for recreational or 
social activities including the provision of meals.  

In duly justified cases and for a reasonable period that shall be as short as possible 
Member  States  may  derogate  from  the  fourth  subparagraph  of  paragraph  2, 
paragraph  3  and  the  first  subparagraph  of  paragraph  4,  when  the  asylum  seeker  is 
detained at a border post or in a transit zone, with the exception of cases referred to 
in Article 43 of Directive […/…/EU] [the Asylum Procedures Directive].  

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

Article 12 8 

Families 

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

Article 13 9 

Medical screening 

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

Article 14 10 

Schooling and education of minors 

1. 

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

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

EN 

26 

   EN 

 
2. 

3. 

1. 

1. 

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 (cid:214) international protection  asylum was lodged by 
(cid:214) or on behalf of  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, shall be provided to minors where it 
is necessary to facilitate their access and integration to the national education system.  

(cid:216) new 

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

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 . 

Article 15 11 

Employment 

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. 

(cid:216) new 

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. 

Member  States  may  extend  that  time  limit  for  a  period  not  exceeding  a  further  six 
months,  in  the  cases  provided  for  in  points  (b)  and  (c)  of  Article  31(3)of  Directive 
[…/…/EU] [the Asylum Procedures Directive].  

EN 

27 

   EN 

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

2. 

3. 

4. 

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  law,  while  ensuring  asylum 
seekers have effective 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. 

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

Article 16 12 

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 15 11. 

1. 

2. 

Article 17 13 

General rules on material reception conditions and health care 

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

they  make 

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

Member  States  shall  ⌦ ensure  that ⌫ make  provisions  on  material  reception 
conditions  ⌦ provide  an  adequate ⌫  to  ensure  a  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.  

EN 

28 

   EN 

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

3. 

4. 

Member States shall ensure that that standard of living is met in the specific situation 
of  (cid:214) vulnerable   persons  who  have  special  needs,  in  accordance  with  Article 
(cid:214) 21  17, 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. 

Where Member States provide material reception conditions in the form of financial 
allowances and vouchers, the amount thereof shall be determined on the basis of the 
point(s)  of  reference  established  by  the  Member  State  concerned  either  by  law  or 
practice  to  ensure  adequate  standards  of  living  for  nationals,  such  as  the  minimum 
level of social welfare assistance. Member States may grant less favourable treatment 
to asylum applicants compared to nationals in this respect, where it is duly justified.  

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

Article 18 14 

Modalities for material reception conditions 

1. 

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

EN 

29 

   EN 

 
 
 
(a) 

premises used for the purpose of housing applicants during the examination of 
an  application  for  (cid:214) international  protection   asylum  lodged  (cid:214) made   at 
the border (cid:214) or in transit zones ; 

(b) 

accommodation centres which guarantee an adequate standard of living; 

(c) 

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

2. 

(cid:214) Without prejudice to any specific conditions of detention as stipulated in Articles 
10 and 11,  ⌦ in relation to housing referred to in paragraph 1(a), (b) and (c), ⌫ 
Member States shall ensure that applicants provided with the housing referred to in 
paragraph 1(a), (b) and (c) are assured: 

(a)  ⌦ applicants are guaranteed ⌫ protection of their family life; 

(b)  ⌦ applicants  have ⌫  the  possibility  of  communicating  with  relatives,  legal 
advisers  (cid:214) or  counsellors , ⌦ persons  representing ⌫  and  representatives 
of  the  United  Nations  High  Commissioner  for  Refugees  (UNHCR)  and 
(cid:214) other  relevant  national,  international  and  non-governmental  organisations 
and bodies  non governmental organisations (NGOs) recognised by Member 
States. 

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

article 

14(7) 

(c)  (cid:214) Family  members ,  legal  advisers  advisors  or  counsellors  of  asylum 
seekers, ⌦ persons representing ⌫ and representatives of the United Nations 
for  Refugees  ⌦ (UNHCR) ⌫  ⌦ and ⌫  or 
High  Commissioner 
(cid:214) relevant   non-governmental  organisations  designated  by  the  latter  and 
recognised by the Member State concerned ⌦ are ⌫ 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 ⌦ these premises ⌫ the centres and facilities and of 
the asylum seekers. 

3. 

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

(cid:216) new 

4. 

Member  States  shall  ⌦ take  appropriate  measures  to  prevent  ⌫  pay  particular 
attention to the prevention of assault (cid:214) and gender based violence including sexual 

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

EN 

30 

   EN 

 
 
 
assault,  within the premises and accommodation centres referred to in paragraph 
1(a) and (b). 

3. 

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. 

5. 4.  Member States shall ensure that transfers of applicants from one housing facility to 
another  take  place  only  when  necessary.  Member  States  shall  provide  for  the 
possibility for applicants to inform their legal advisers advisors (cid:214) or counsellors  
of the transfer and of their new address. 

6. 5. 

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

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

7. 

8. 

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  (cid:214) ,  in 

accordance with Article 22  , 

- 

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, 

- 

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

These different conditions shall cover in any case basic needs. 

Article 19 15 

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  post 
traumatic disorders . 

EN 

31 

   EN 

2. 

Member States shall provide necessary medical or other assistance to applicants who 
have special (cid:214) reception  needs, (cid:214) including appropriate mental health care where 
needed .  

CHAPTER III 

REDUCTION OR WITHDRAWAL OF ⌦ MATERIAL ⌫ 
RECEPTION CONDITIONS  

Article 20 16 

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: 

(a) -  abandons the place of residence determined by the competent authority without 

informing it or, if requested, without permission, or 

(b) -  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  (cid:214) a  subsequent  application  as  defined  in  Article  2(q)  of 
[…/…/EU]  [the  Asylum  Procedures  Directive]   an  application  in  the  same 
Member State. ⌦, or ⌫  

⌦ (d)  has  concealed  financial  resources  and  has  therefore  unduly  benefited  from 

material reception conditions. ⌫  

⌦ In relation to cases (a) and (b), ⌫ Wwhen 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 ⌦ withdrawn or reduced ⌫;. 

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

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

2. 

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

EN 

32 

   EN 

2. 3.  Member States may determine sanctions applicable to serious breaching of the rules 

of the accommodation centres as well as to seriously violent behaviour. 

3. 4. 

Decisions  for  reduction,  withdrawal  or  refusal  of  ⌦ material ⌫  reception 
conditions  or  sanctions  referred  to  in  paragraphs  1,  2  and  3  2  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  (cid:214) 21   17,  taking  into  account  the  principle  of 
proportionality.  Member  States  shall  under  all  circumstances  ensure  access  to 
emergency health care (cid:214) in accordance with Article 19 . 

4. 5.  Member States shall ensure that material reception conditions are not withdrawn or 

reduced before a negative decision is taken ⌦ in accordance with paragraph 3 ⌫. 

CHAPTER IV 

PROVISIONS FOR (cid:214) VULNERABLE PERSONS   
PERSONS WITH SPECIAL NEEDS 

Article 21 17 

General principle 

1. 

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

2. 

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

(cid:216) new 

Article 22 

Identification of the special reception needs of vulnerable persons  

1. 

Member  States  shall  establish  mechanisms  with  a  view  to  identifying  whether  the 
applicant  is  a  vulnerable  person  and,  if  so,  has  special  reception  needs,  also 
indicating  the  nature  of  such  needs.  Those  mechanisms  shall  be  initiated  within  a 
reasonable  time  after  an  application  for  international  protection  is  made.  Member 
States  shall  ensure  that  these  special  reception  needs  are  also  addressed,  in 

EN 

33 

   EN 

 
accordance with the provisions of this Directive, if they become apparent at a later 
stage in the asylum procedure.  

Member  States  shall  ensure  adequate  support  for  persons  with  special  reception 
needs  throughout  the  duration  of  the  asylum  procedure  and  shall  provide  for 
appropriate monitoring of their situation.  

2. 

The identification mechanisms provided for in paragraph 1 shall be without prejudice 
to the assessment of international protection needs pursuant to Directive […/…/EU] 
[the Qualification Directive].  

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

Article 23 18 

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  minor's  physical,  mental, 
spiritual, moral and social development.   

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) 

family reunification possibilities; 

(b) 

(c) 

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 
minor 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)  and  to  open-air 
activities.  

4. 2.  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 

(cid:208) 2003/9/EC 

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5. 

1. 

2. 

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. 

(cid:208) 2003/9/EC article 14(3) 
(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) the national practice of 
the  Member  States  concerned,  provided  this  is  in  the  best  interests  of  the  minors 
concerned . 

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

Article 24 19 

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  (cid:214) that  a  representative 
represents and assists the unaccompanied minor to enable him/her to benefit from the 
rights  and  comply  with  the  obligations  provided  for  in  this  Directive. The 
representative  shall  have  the  necessary  expertise  in  the  field  of  childcare  and  shall 
perform  his/her  duties  in  accordance  with  the  principle  of  the  best  interests  of  the 
child, as prescribed in Article 23(2). 

Regular assessments shall be made by the appropriate authorities. 

Unaccompanied  minors  who  make  an  application  for  (cid:214) international  protection  
asylum 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 
(cid:214) international protection  asylum was made or is being examined, be placed: 

(a)  with adult relatives;  

(b)  with a foster-family; 

(c) 

in accommodation centres with special provisions for minors; 

(d) 

in other accommodation suitable for minors. 

Member States may place unaccompanied minors aged 16 or over in accommodation 
centres  for  adult  asylum  seekers,  (cid:214)  if  it  is  in  their  best  interests, as  prescribed  in 
Article 23(2) . 

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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  mechanisms for  tracing  the  family  members  of  an 
unaccompanied minor.  ⌦ They ⌫ Member States protecting the unaccompanied 
minor's  best  interest  shall  endeavour  (cid:214) start   to  trace,  the  members  of  ⌦ the 
unaccompanied minor's ⌫ his or her family (cid:214), where necessary with the assistance 
of international or of other relevant organisations,  as soon as possible (cid:214) after an 
application  for  international  protection  is  made  whilst  protecting  his/her  best 
interests . 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  shall  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 25 20 

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,  rape  or  other  serious  acts  of  violence  shall 
have  had  and  shall  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. 

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

CHAPTER V 

APPEALS 

Article 26 21 

Appeals 

1. 

2. 

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. 

(cid:216) new 

In  relation  to  the  cases  referred  to  in  paragraph  1,  Member  States  shall  ensure  that 
asylum  seekers  have  access  to  free  legal  assistance  and  representation,  where  they 
cannot  afford  the  costs  involved  and  in  so  far  as  it  is  necessary  to  ensure  their 
effective access to justice. 

Legal assistance and representation shall include at least preparation of the required 
procedural documents and representation before the judicial authorities. 

Legal assistance and representation may be restricted to legal advisers or counsellors 
specifically designated by national law to assist and represent asylum seekers. 

2. 

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

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

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CHAPTER VI 

ACTIONS TO IMPROVE THE EFFICIENCY OF THE 
RECEPTION SYSTEM 

Article 22  

Cooperation 

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

(cid:216) new 

Article 27 

Competent authorities 

Each  Member  State  shall  notify  the  Commission  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 28 23 

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, by [1 year after the transposition deadline] at the latest. 

(cid:216) new 

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(cid:208) 2003/9/EC 

Article 29 24 

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. 

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

CHAPTER VII 

FINAL PROVISIONS 

Article 30 25 

Reports 

By  (cid:214) [two  years  after  the  transposition  deadline]  at  the  latest   6  August  2006,  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  22  by  (cid:214) […/…/…]   6 
February 2006.  

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

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

Article 31 26 

Transposition 

1. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions  necessary  to  comply  with  this  Directive  by  6  February  2005⌦ 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 

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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. 

(cid:208)  

Article 32 

Repeal 

Directive 2003/9/EC is repealed for the Members States bound by this Directive with effect 
from  [day  after  the  date  set  out  in  the  first  subparagraph  of  Article  31(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 33 27 

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 
31(1)]. ⌫ 

Article 34 28 

Addressees 

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

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Done at [...] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

EN 

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(cid:216) new 

ANNEX I 

Reporting  form  on  the  information  to  be  submitted  by  Member  States,  as  required 
under  Article  28(2)  of  Directive  […/…/EU].  After  the  date  referred  to  in  Article  28(2)  of 
this  Directive  this  information  shall  be  re-submitted  to  the  Commission  when  there  is  a 
substantial change in the national law or practice that outdate the provided information. 

1. 
On  the  basis  of  Articles  2(k)  and  22  of  Directive  […/…/EU],  please  explain  the 
different  steps  for  the  identification  of  persons  with  special  reception  needs,  including  the 
moment it is triggered and its consequences in relation to addressing such needs, in particular 
for  unaccompanied  minors,  victims  of  torture,  rape  or  other  serious  forms  of  psychological, 
physical or sexual violence and victims of trafficking.  

Provide full information on the type, name and format of the documents provided for 

2. 
in Article 6 of Directive […/…/EU].  

With reference to Article 15 Directive [.../.../EU], please indicate to the extent that any 
3. 
particular conditions are attached to labour market access for asylum seekers, and describe in 
detail such restrictions.  

With  reference  to  Article  2(g)  of  Directive  [.../…/EU],  please  describe  how  material 
4. 
reception  conditions  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. 

5. Where applicable, with reference to Article 17(5) Directive [.../.../EU], please explain the 
point(s) of reference applied by national law or practice with a view to determining the level 
of financial assistance provided to asylum seekers. To the extent that there is a less favourable 
treatment of asylum seekers compared to nationals, explain the reasons in this respect.  

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(cid:208)  

ANNEX II 

Part A 

Repealed Directive 
(referred to in Article 32) 

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 31) 

Directive 

Time-limit for transposition 

2003/9/EC 

6 February 2005 

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(cid:208)  

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)  

Article 2(b)  

- 

Article 2(c)  

- 

- 

Article 2(a) 

Article 2(b) 

Article 2(d) introductory words 

Article 2(c) introductory words 

- 

Article 2(c) point (i) introductory words 

Article 2(d), point (i)  

Article 2(c), point (i) first indent 

Article 2(d), point (ii)  

Article 2(c), point (i) second indent 

- 

- 

- 

- 

Article 2(c), point (i) third indent 

Article 2(c) point (ii) introductory words 

Article 2(c) point (ii) first indent 

Article 2(c) point (ii) second indent 

Article 2(c) point (iii) 

Article 2 (e), (f) and and (g)  

- 

- 

Article 2(h) 

Article 2(i) 

Article 2(j) 

Article 2(k) 

Article 2(d) 

Article 2(e) 

Article 2(f) 

Article 2(g) 

Article 2(i) 

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Article 2(l) 

- 

- 

Article 3 

Article 4 

Article 5 

Article 6 (1) –(5) 

- 

Article 6 (2) to (5) 

Article 7(1) and (2) 

Article 7(3) 

Article 7(4) to (6) 

- 

- 

- 

- 

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) 

EN 

Article 2(j) 

Article 2(k) 

Article 2(l) 

Article 3 

Article 4 

Article 5 

Article 6(1)-(5) 

Article 6(6) 

Article 6(2) to 6 (5) 

Article 7(1) and (2) 

- 

Article 7(3) to (5) 

Article 8 

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)  

- 

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Article 12 

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 words, paragraphs 
(a) and (b) 

Article 18 (2) introductory words, paragraphs 
(a) and (b) 

- [old Article 14)7) adapted] 

Article 18 (2)(c) 

Article 14(2) second subparagraph 

Article 18 (4)  

Article 14(3) 

Article 14(4) 

Article 14(5) 

Article 14(6) 

-  

Article 18(5) 

Article 18(6) 

Article 18(7) 

Article 14(8) introductory words, first indent   Article 18 (8) introductory words, paragraph 

Article 14(8) second indent 

(a)  

- 

Article 14(8) third indent  

Article 18(8) point (b) 

Article 14(8) first subparagraph,  

Article 18 (8) first subparagraph,  

Article 14(8) third and fourth intend  

Article 18(8) points (b) and (c) 

Article 14(8) fourth indent  

- 

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) paragraphs (a), (b) and (c) 

-  

Article 20(1) point (d) 

Article 16(1) second sub-paragraph 

Article 20 second sub-paragraph 

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Article 16 (1) (b) first subparagraph 

Article 16 (1) (b) second subparagraph 

Article 16 (2)  

- 

- 

- 

Article 16 (3) to (5) 

Article 20(2) to (4) 

Article 17 (1) 

Article 17 (2) 

- 

Article 18 (1) 

-  

Article 18 (2) 

Article 19 

Article 20  

- 

Article 21 (1)  

- 

Article 21 (2) 

Article 22 

- 

Article 23  

- 

Article 24 

Article 25 

Article 26 

- 

Article 27 

- 

Article 21  

- 

Article 22  

Article 23(1) 

Article 23(2) and (3) 

Article 23(4) 

Article 23(5) 

Article 24 

Article 25(1) 

Article 25(2)  

Article 26 (1) 

Article 26 (2)  

Article 26 (2)  

- 

Article 27 

Article 28 (1) 

Article 28 (2) 

Article 29 

Article 30 

Article 31 

Article 32 

Article 33 first subparagraph 

Article 33 second subparagraph 

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Article 28 

– 

– 

- 

Article 34 

Annex I 

Annex II 

Annex III 

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