Council Directive

2003/9/EC laying down

standards for the reception

of asylum seekers

European Commission

Directorate-General External Relations

1. Legal Basis : Article 63(1)(b) TEC

2. Adoption and implementation :

Adopted by the Council on 27 January 2003, to be transposed into national law by 6 February 2005 at the latest.

Note : the standards laid down in the Directive are minimum standards. MSs can always provide for more favourable provisions

3. Aim : avoid secondary movements of asylum seekers between MSs for reasons relating to differences in reception conditions while ensuring a certain quality of reception conditions

4. General outline of the Directive :

asylum seekers are entitled to a reception which includes

i) housing

ii) food

iii) clothing and

iv) an allowance of the daily expenses

When granted, reception conditions may be withdrawn only in exceptional cases :

when the asylum seekers abandon the place of residence determined by the authority

or do not comply with reporting duties

or file a second application in the same Member State

In all Member States asylum seekers will be entitled to

proper health care,

information and documentation

to schooling and, in a limited number of cases

to access to labour market

vulnerable persons will be entitled to a special care in relation to their special needs

In addition, Member States have committed themselves to allocate the necessary resources in connection with the national provisions enacted to implement this Directive

5. Assessment of the Directive :

different from the proposal originally put forward by the Commission; this is due to the requirement for adoption by the Council : unanimity

Council Directive 2003/9/EC laying down standards for the reception of asylum seekers– chapter by chapter

The Directive on reception conditions deals basically with the following questions :

Who is entitled to reception facilities ? From what moment is one entitled to reception ? What do they consist of ? What rights and benefits can one profit from, what

obligations does one have to fulfill ? When does it end ?

These issues are dealt with in seven Chapters :

- Chapter I deals with the purpose, definitions and scope of the Directive

- Chapter II deals with the general provisions on reception conditions

- Chapter III deals with the reduction or withdrawal of reception conditions

- Chapter IV with provisions for persons with special needs- Chapter V is on appeals - Chapter VI contains actions to improve the efficiency of the

reception system- Chapter VII contains the final provisions

Chapter I- the purpose, definitions and scope of the Directive

A person will be entitled to reception according to the Directive if he applies for asylum at the border or in the territory of a MS.

ConditionHe will only receive reception if he is allowed to remain on the territory as asylum seeker (Article 3)

Chapter II- general provisions on reception conditions

MS shall inform them within 15 days of the benefits and the obligations (Article 5)

+ they should receive a document within 3 days, which certifies their status as asylum seeker (Article 6)

asylum seekers are free to move within the territory (Article 7) - some restrictions are still possible.

Chapter II (continuation)- general provisions on reception conditions

minor children shall be granted access to education (within 3 months) (Article 10)

MSs shall determine a period of time during which an applicant shall not have access to the labour market

– 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, MSs shall decide the conditions for granting access to the labour market for the applicant (Article 11)

asylum seekers may be allowed to enjoy vocational training (Article 12)

Chapter II (continuation)- general provisions on reception conditions

Article 13 - material reception conditions are (according to Article 2 (j) ) : housing, food, and clothing, provided in kind or as financial allowances or in vouchers and a daily expenses allowance

‘from day one’

a standard of living adequate for the health of applicants and capable of ensuring their subsistence

*financial contributions by the applicant if he has sufficient sources

Chapter II (continuation)- general provisions on reception conditions

the form of housing, protection of the family life, possibility of communication with the outside world, access to legal advisors, trained personnel, exceptions (Article 14)

necessary health care, which shall include at least

emergency care and essential treatment of illness (Article 15)

Chapter III- deals with the reduction or withdrawal of reception

conditions(Article 16) applicant abandons the place without permission does not comply with reporting duties the application was not made as soon as possible

* reduction or withdrawal is to be based on an individual decision** emergency health care can never be

blocked

Chapter IV- deals with provisions for persons with special needs

as a general principle, MS shall take into account the specific situation of vulnerable persons such as minors, disabled people, elderly (Article 17)

the best interests of the child shall be a primary consideration (Article 18)

in case of unaccompanied minors, as soon as possible take measures to ensure the necessary representation, placement, changes of residence limited to a minimum, trace the members of his family, personnel training and confidentiality (Article 19)

Chapter V- on appeals

Chapter VI- contains actions to improve the efficiency of the

reception system

MSs shall ensure that authorities implementing this Directive have received necessary training

MSs shall allocate necessary resources (Article 24)

Specific issues of interest

o Family membersThe Council has chosen a limited definition of family members of the asylum seekers, namely the spouse (or the unmarried partner where applicable) and the minor children

Another important restriction : the Directive will only cover the spouse and minor children if they are covered by the request for asylum of the applicant – national law

o Freedom of movementArticle 7 dealing with ‘residence and freedom of movement’ as it stands now is more restrictive as it was in the proposal brought forward by the Commission.

- MS can restrict the freedom of movement to an area assigned to them by a MS, as in the German system to one of the Länder- MSs 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- detention of asylum seekers has to be in accordance with national law

Discussion

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