Text proposed by the Commission

Amendments by Parliament

(1a) Paragraph 38 of the Action Plan of the Council and the Commission on how best to implement the provisions of the Treaty of Amsterdam on an area of freedom, security and justice - text adopted by the Justice and Home Affairs Council of 3 December 1998(¹) provides for the adoption, in compliance with the Treaty of Amsterdam, of minimum standards with respect to the qualification of nationals of third countries as refugees and the definition of minimum standards for subsidiary protection to persons in need of international protection.

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(¹)     OJ C 19, 23.1.1999, p. 1.

The European Council at its special meeting in Tampere on 15 and 16 October 1999 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 and ensuring that nobody is sent back to persecution.

The European Council at its special meeting in Tampere on 15 and 16 October 1999 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 and amended by the New York Protocol of 31 January 1967, thus ensuring, by virtue of the non-refoulement principle of international law, that nobody is sent back to persecution.

The Tampere Conclusions provide that a Common European Asylum System should include in the short term the approximation of rules on the recognition and content of refugee status.

The Tampere Conclusions, in particular conclusion 14, provide that a Common European Asylum System should include in the short term the approximation of rules on the recognition and content of refugee status.

The Tampere Conclusions also provide that rules regarding refugee status should be complemented by measures on subsidiary forms of protection, offering an appropriate status to any person in need of such protection.

The Tampere Conclusions also provide that this Common European Asylum System should be complemented by measures on subsidiary forms of protection, offering an appropriate status to any person in need of such protection.

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, the right to asylum of applicants for asylum and their accompanying family members, and the protection in the event of removal, expulsion or extradition, promoting the application of Articles 1, 18 and 19 of the Charter.

This Directive respects fundamental rights, as defined in the Council of Europe's Convention for the Protection of Human Rights and Fundamental Freedoms, 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, the right to asylum of applicants for asylum and their accompanying family members, and the protection in the event of removal, expulsion or extradition, promoting the application of Articles 1, 18 and 19 of the Charter.

In particular, it is necessary to introduce a common concept of the persecution ground 'membership of a particular social group', which shall be interpreted to include both groups which may be defined by relation to certain fundamental characteristics, such as gender and sexual orientation, as well as groups, such as trade unions, comprised of persons who share a common background or characteristic that is so fundamental to identity or conscience that those persons should not be forced to renounce their membership.

In particular, it is necessary to introduce a common concept of the persecution ground 'membership of a particular social group', which shall be interpreted to include both groups which may be defined by relation to certain fundamental characteristics, such as gender and sexual orientation, as well as groups, such as trade unions, comprised of persons who share a common background or characteristic that is so fundamental to identity or conscience that those persons should not be forced to renounce their membership. It should not include any known sectarian activities.

The approximation of rules on the recognition and content of refugee status and subsidiary protection should help to limit the secondary movements of applicants for asylum between Member States, where such movement is purely caused by differences in legal frameworks.

The approximation of rules on the recognition and content of refugee status and subsidiary protection should help to limit the secondary movements of applicants between Member States, where such movement is purely caused by differences in legal frameworks.

(23a) Member States should provide for a system of penalties in the event of violation of the national provisions adopted by virtue of this Directive.

(23b) Provision should be made for the necessary administrative cooperation for the implementation of this Directive.

(23c) It is necessary to be vigilant with regard to the interpretation of this Directive. It is important, in particular, not to give rise to regional interpretations of the Geneva Convention which in the end would be more restrictive than the interpretation currently given by the Member States.

(b) 'Geneva Convention' means the Convention relating to the status of refugees done at Geneva on 28th July 1951, as supplemented by the New York Protocol of 31 January 1967;

(b) 'Geneva Convention' means the Convention relating to the status of refugees done at Geneva on 28th July 1951, as supplemented and amended by the New York Protocol of 31 January 1967;

(j) 'Family members' means:

(j) 'Family members' means, based on the principle of family unity:

(i) the spouse of the applicant or his/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;

(i) the spouse of the applicant or his/her unmarried partner, irrespective of sex, in a stable relationship, where the legislation or practice of the Member State concerned treats unmarried or same-sex couples and married couples in the same way;

(ii) the children of the couple referred to in point (i), or of the applicant alone, on condition that they are unmarried and dependent and without distinction as to whether they were born in or out of wedlock or adopted;

(ii) the children of the couple referred to in point (i), the children of the applicant as well as the children of the applicant's spouse or stable partner, on condition that they are unmarried and dependent and without distinction as to whether they were born in or out of wedlock, adopted or fostered;

(k) 'Accompanying family members' means the family members of the applicant who are present in the same Member State in relation to the application for asylum;

(k) 'Accompanying family members' means the family members of the applicant who are present in the same Member State in relation to the application for asylum and who have not themselves submitted an application for asylum;

Article 3a

Provision of information

Member States shall ensure that applicants for asylum are provided with all the necessary information and shall take special care to inform the members of a single family that they may submit separate applications for asylum.

Member States may introduce or retain more favourable standards for determining who qualifies as a refugee or as a person in need of subsidiary protection, and in determining the content of international protection, in so far as those standards are compatible with this Directive.

Member States may introduce or retain more favourable standards than those referred to in this Directive for determining who qualifies as a refugee or as a person in need of subsidiary protection, and in determining the content of international protection, in so far as those standards are compatible with this Directive.

This Directive may under no circumstances be used to amend more favourable provisions existing in the Member States.

Article 4a

International Conventions

Any measures taken by Member States under this Directive must be taken with due respect for the rights of refugees and applicants for asylum within the framework of the Geneva Convention and according to the guidelines set out in the UNHCR Handbook on refugees, Article 3 of the European Convention on the Protection of Human Rights and Fundamental Freedoms, Article 3 of the UN Convention against Torture, Article 7 of the International Covenant on Civil and Political Rights or other international agreements.

Refugee status shall be granted to any third country national who, owing to well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, is outside the country of nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country, and to any stateless person, who, being outside the country of former habitual residence, is unable or, owing to such fear, is unwilling to return to it.

Refugee status shall be granted to any third country national who, owing to well-founded fear of being persecuted for reasons of race, religion, nationality, sex, sexual orientation, membership of an ethnic group, political opinion or membership of a particular social group, is outside the country of nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country, and to any stateless person, who, being outside the country of former habitual residence, is unable or, owing to such fear, is unwilling to return to it.

The applicant's fear of being persecuted or exposed to other serious and unjustified harm in the country of origin shall be assessed in accordance with Section 2.

The applicant's fear of being persecuted or exposed to other serious and unjustified harm in the country of origin or of residence shall be assessed in accordance with Section 2.

Member States shall ensure that accompanying family members are entitled to the same status as the applicant for international protection.

Member States shall ensure that accompanying family members and those who join the applicant later are entitled to the same status as the applicant for international protection unless that status is incompatible with their existing status.

In assessing an applicant's fear of being persecuted or exposed to other serious and unjustified harm, Member States shall take into account, as a minimum, the following matters:

In assessing an applicant's fear of being persecuted or exposed to other serious and unjustified harm, Member States shall as a minimum base their decisions on the following matters:

(- a) all relevant facts provided by the applicant;

(-aa) whether contradictory statements made by the applicant are the result of traumatic experiences which are related to the reasons of his flight from the country where he fears persecution;

(d) the individual position and personal circumstances of the applicant, including factors such as background, gender, age, health and disabilities so as to assess the seriousness of persecution or harm. Where the form of persecution is gender-specific or child-specific, account shall be taken of the fact that persecution, within the meaning of the Geneva Convention, may be effected through sexual violence or other gender-specific means;

(d) the individual position and personal circumstances of the applicant, including factors such as background, sex, gender identity, sexual orientation, age, health and disabilities so as to assess the seriousness of persecution or harm. Where the form of persecution is specifically related to sex, gender identity, sexual orientation or being a child, account shall be taken of the fact that persecution, within the meaning of the Geneva Convention, may be effected through sexual violence or other means specific to sex, gender identity, sexual orientation or age;

(e) whether there is credible evidence that laws or regulations are in force and applied in practice in the country of origin which authorise or condone the persecution of the applicant or the infliction upon the applicant of other serious and unjustified harm.

(e) whether there is credible evidence that laws, regulations or customs are in force and applied in practice in the country of origin which authorise or condone the persecution of the applicant or the infliction upon the applicant of other serious and unjustified harm.

A well-founded fear of being persecuted or otherwise suffering serious unjustified harm may be based on activities which have been engaged in by the applicant since he left his country of origin, save where it is established that such activities were engaged in for the sole purpose of creating the necessary conditions for making an application for international protection. That is not the case where the activities relied upon constitute the expression and continuation of convictions held in the country of origin, and they are related to the grounds for recognition of the need for international protection.

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In evaluating the effectiveness of State protection where the threat of persecution or other serious unjustified harm emanates from non-State actors, Member States shall consider whether the State takes reasonable steps to prevent the persecution or infliction of harm, and whether the applicant has reasonable access to such protection. There must be in place a system of domestic protection and machinery for the detection, prosecution and punishment of actions which constitute persecution or other serious and unjustified harm. Where effective State protection is available, fear of being persecuted or otherwise suffering serious unjustified harm shall not be considered to be well founded, in which case Member States shall not recognise the need for protection.

In evaluating the effectiveness of State protection where the threat of persecution or other serious unjustified harm emanates from non-State actors, Member States shall consider whether the State takes steps to prevent the persecution or infliction of harm, and whether the applicant has access to such protection. There must be in place a system of domestic protection and machinery for the detection, prosecution and punishment of actions which constitute persecution or other serious and unjustified harm. Where effective State protection is available, fear of being persecuted or otherwise suffering serious unjustified harm shall not be considered to be well founded, in which case Member States shall not recognise the need for protection. For the system to offer effective protection, the State must be able and willing to operate it, such that there is no significant risk of persecution or other serious harm.

For the purpose of this Directive, 'State' protection may also be provided by international organisations and stable quasi-State authorities who control a clearly defined territory of significant size and stability, and who are able and willing to give effect to rights and to protect an individual from harm in a manner similar to an internationally recognised State.

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Internal protection

Internal flight alternative

Once they have established that the fear of being persecuted or of otherwise suffering serious and unjustified harm is well-founded, Member States may examine whether this fear is clearly confined to a specific part of the territory of the country of origin and, if so, whether the applicant could reasonably be returned to another part of the country where there would be no well-founded fear of being persecuted or ofotherwise suffering serious and unjustified harm.

In carrying out this examination there shall be a strong presumption against finding internal protection to be a viable alternative to international protection if the agent of persecution is, or is associated with the national government.

Once they have established that the fear of being persecuted or of otherwise suffering serious and unjustified harm is well-founded, Member States may examine whether this fear is clearly confined to a specific part of the territory of the country of origin and, if so, whether the applicant could reasonably be returned to another part of the country where there would be no well-founded fear of being persecuted or ofotherwise suffering serious and unjustified harm.

In carrying out this examination there shall be a strong presumption in favour of international protection if the agent of persecution is, or is associated with the national government.

An internal flight alternative must fulfil the following criteria:

- protection must be afforded by a de jure and not just a de facto authority;

- the absence of a risk of serious harm for a Convention reason in the proposed site of internal protection must be objectively established, rather than being considered reasonably unlikely to occur;

- the applicant must be able to access the area of internal protection in safety and legally and in a manner which respects his dignity;

- the area of internal protection must be free from conditions which could force the rejected applicant back into the area where there is a risk of serious harm for a Convention reason, i.e. it must offer a durable protection alternative and provide effective protection from refoulement to the area where the person fears persecution;

- conditions in the area of internal protection must afford at least the same standard of protection of core human rights as the Geneva Convention.

(a) the infliction of serious and unjustified harm or discrimination on the grounds of race, religion, nationality, political opinion or membership of a particular social group, sufficiently serious by its nature or repetition as to constitute a significant risk to the applicant's life, freedom or security or to preclude the applicant from living in his or her country of origin;

(a) the infliction of serious and unjustified physical or psychological harm or discrimination on the grounds of race, religion, nationality, sex, sexual orientation, membership of an ethnic group, political opinion or membership of a particular social group, sufficiently serious by its nature or repetition as to constitute a significant risk to the applicant's life, physical integrity, freedom or security or to respect for fundamental rights of the person concerned or to preclude the applicant from living in his or her country of origin;

(b) legal, administrative, police and/or judicial measures when they are designed or implemented in a discriminatory manner on the grounds of race, religion, nationality, political opinion or membership of a particular social group and if they constitute a significant risk to the applicant's life, freedom or security or preclude the applicant from living in his or her country of origin;

(b) legal, administrative, police and/or judicial measures when they are designed or implemented in a discriminatory manner on the grounds of race, religion, nationality, sex, sexual orientation, membership of an ethnic group, political opinion or membership of a particular social group and if they constitute a significant risk to the applicant's life, physical integrity, freedom or security or to respect for the fundamental rights of the person concerned or preclude the applicant from living in his or her country of origin;

(c) prosecution or punishment for a criminal offence if, on the grounds of race, religion, nationality, political opinion or membership of a particular social group:

(c) prosecution or punishment for a criminal offence if, on the grounds of race, religion, nationality, sex, sexual orientation, membership of an ethnic group, political opinion or membership of a particular social group:

(i) the applicant is either denied means of judicial redress or suffers a disproportionate or discriminatory punishment

(i) the applicant is either denied means of judicial redress or suffers a disproportionate or discriminatory punishment or is sentenced to corporal or capital punishment

(ii) the criminal offence for which the applicant is at risk of being prosecuted or punished purports to criminalise the exercise of a fundamental right;

(ii) the criminal offence for which the applicant is at risk of being prosecuted or punished purports to criminalise the exercise of one of the fundamental rights defined in the Charter of Fundamental Rights of the European Union;

(iia) in case of participation in military activities which are condemned by the international community.

In determining whether a well founded fear of persecution is based on reasons of race, religion, nationality, political opinion or membership of a particular social group, the following elements shall, as a minimum, be taken in account:

In determining whether a well founded fear of persecution or serious harm is based on reasons of race, religion, nationality, sex, political opinion or membership of a particular social group, the following elements shall, as a minimum, be taken in account:

(c) the concept of nationality shall not be confined to citizenship but shall include membership of a group determined by its cultural, ethnic, or linguistic identity, common geographical or political origins or its relationship with the population of another State;

(c) the concept of nationality shall not be confined to citizenship or lack thereof but shall include membership of a group determined by its cultural, ethnic, or linguistic identity, common geographical or political origins or its relationship with the population of another State;

(d) the concept of social group shall include a group which may be defined in terms of certain fundamental characteristics, such as sexual orientation, age or gender, as well as groups comprised of persons who share a common background or characteristic that is so fundamental to identity or conscience that those persons should not be forced to renounce their membership. The concept shall also include groups of individuals who are treated as 'inferior' in the eyes of the law;

(d) the concept of social group shall include a group which may be defined in terms of certain fundamental characteristics, such as sexual orientation, age, gender, gender identity or health status as well as groups comprised of persons who share a common background or characteristic that is so fundamental to identity or conscience that those persons should not be forced to renounce their membership. The concept shall also include groups of individuals who are treated as 'inferior' in the eyes of the law;

(e) the concept of political opinion shall include the holding of, or the being conceived of as holding, an opinion on a matter related to the State or its government or its policy, whether or not that opinion has been acted upon by the applicant.

(e) the concept of political opinion shall include the holding of, or the being conceived of as holding, an opinion, thought or belief on a matter related to the State or its government or its policy, whether or not that opinion, thought or belief has been acted upon by the applicant.

(e) can no longer, because the circumstances in connection with which he or she has been recognised as a refugee have ceased to exist, continue to refuse to avail himself or herself of the protection of the country of nationality;

(e) can no longer, because the circumstances in connection with which he or she has been recognised as a refugee have ceased to exist, continue to refuse to avail himself or herself of the protection of the country of nationality; unless his social, economic and family ties in the host country make his return to the country of origin difficult to envisage or where there are compelling reasons, arising from previous persecution, for his refusing to avail himself of the protection of the country of nationality;

Being a person with no nationality, he or she is able, because the circumstances in connection with which he or she has been recognised as a refugee have ceased to exist, to return to the country of former habitual residence.

Being a person with no nationality, he or she is able, because the circumstances in connection with which he or she has been recognised as a refugee have ceased to exist, to return to the country of former habitual residence, provided that this shall not apply to a refugee who is able to invoke compelling reasons, arising from previous persecution, for his refusing to avail himself of the protection of the country of former habitual residence.

In the cases referred to in points (a) to (f), the residence permit may be revoked.

In the cases referred to in points (a) to (f), the residence permit may be revoked. Revocation of the residence permit shall not take effect until at least 6 months after notification.

The Member State which has granted refugee status shall bear the burden of proof in establishing that a person has ceased to be in need of international protection for one of the reasons stipulated in paragraph 1.

The Member State which has granted refugee status shall bear the burden of proof in establishing that a person has ceased to be in need of international protection for one of the reasons stipulated in paragraph 1 and shall provide for appeal against the decision taken.

2a. The decision of cessation of refugee status shall be notified in writing to the national of the third country concerned. The notification shall indicate the means of appeal open to the person concerned and the time limits within which he can take such action.

Member States shall exclude from refugee status any applicant:

Member States shall, on an individual and exceptional basis, exclude from refugee status any applicant:

(a) who is at present receiving protection or assistance from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees;

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(c) where there are serious reasons for considering that:

(c) where it is known that:

(ia) a European arrest warrant has been issued against the person concerned;

(ib) the applicant has committed or is involved in terrorist offences, as referred to in Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism¹.

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OJ L 164, 22.6.2002, p.3.

(ii) the applicant has committed a serious non-political crime prior to his or her admission as a refugee;

(ii) the applicant has committed a serious non-political crime prior to his or her admission as a refugee, unless the penalties provided for will result in the application of capital or corporal punishment;

In accordance with Article 5(2), Member States shall grant subsidiary protection status to an applicant for international protection who is outside his or her country of origin, and cannot return there owing to a well-founded fear of being subjected to the following serious and unjustified harm:

In accordance with Article 5(2), Member States shall grant subsidiary protection status to an applicant for international protection who is outside his or her country of origin, and cannot return there for reasons outside the scope of Article 5(1) and owing to:

(a) torture or inhuman or degrading treatment or punishment; or

(a) the risk of being subjected to torture or inhuman or degrading treatment or capital punishment or sexual mutilation; or

(b) violation of a human right, sufficiently severe to engage the Member State's international obligations or;

(b) violation of a human right, sufficiently severe to engage the Member State's international obligations, including indiscriminate threats to life, physical integrity or liberty resulting from generalised violence or events seriously disturbing public order; or

(c) a threat to his or her life, safety or freedom as a result of indiscriminate violence arising in situations of armed conflict, or as a result of systematic or generalised violations of their human rights.

(c) a threat to his or her life, physical integrity, safety or freedom as a result of indiscriminate violence arising in situations of armed conflict, or as a result of systematic or generalised violations of their human rights.

(ca) serious and/or persistent discrimination on any of the grounds referred to in Article 35.

Member States shall ensure that subsidiary protection status is maintained until such time as it is established by the competent authorities that such protection is no longer required, in which case the residence permit may be revoked.

Member States shall ensure that subsidiary protection status is maintained until such time as it is established by the competent authorities that such protection is no longer required, in which case the residence permit may be revoked. Revocation of the residence permit shall not take effect until at least 6 months after notification.

Subsidiary protection may be withdrawn if the circumstances in the country of origin which led to the granting of such status under Article 15 cease to exist, or if a change in circumstances is of such a profound and durable nature that it eliminates the need for subsidiary protection.

Subsidiary protection may be withdrawn if the circumstances in the country of origin which led to the granting of such status under Article 15 cease to exist, or if a change in circumstances is of such a profound and durable nature that it eliminates the need for subsidiary protection, unless the social, economic and family ties of the person concerned in the host country make his return to the country of origin difficult to envisage or where there are compelling reasons, arising from previous persecution, for his refusing to avail himself of the protection of the country of nationality.

2a. It shall be for the Member State which has granted the subsidiary protection status to prove that a person has ceased to require international protection for one of the reasons set out in paragraph 2.

2b. Member States shall ensure that persons whose subsidiary protection status is withdrawn for one of the reasons set out in paragraph 2 have the right to lodge an appeal against such a decision.

Member States shall exclude from subsidiary protection status any applicant where there are serious reasons for considering that:

Member States shall exclude from subsidiary protection status, on an individual and exceptional basis, any applicant where it is known that:

(aa) the applicant has committed or is involved in terrorist offences, as referred to in Framework Decision 2002/475/JHA;

(b) the applicant has committed a serious non-political crime prior to his or her admission as a refugee;

(b) the applicant has committed a serious non-political crime prior to his or her admission as a refugee, unless there is provision for a sentence of corporal or capital punishment for the crime;

When implementing the provisions of this Chapter, Member States shall take into account the specific situation of persons who have special needs such as: minors in general, unaccompanied minors, disabled people, elderly people, single parents with minor children, victims of torture or sexual abuse or exploitation, pregnant women and persons suffering from infirmity, whether mental or physical. Member States shall also take into account the specific situation of single women who are subject to substantial gender-related discrimination in their country of origin.

When implementing the provisions of this Chapter, Member States shall take into account the specific situation of persons who have special needs such as: minors in general, unaccompanied minors, disabled people, elderly people, single parents with minor children, victims of torture or sexual abuse or exploitation, pregnant women and persons suffering from infirmity, whether mental or physical. Member States shall also take into account the specific situation of women who are subject to substantial gender-related discrimination in their country of origin.

Member States shall provide persons recognised as being in need of international protection, immediately after status has been granted, with information, in a language likely to be understood by them, in which provisions relating to the respective protection regimes are clearly set out.

Member States shall provide persons recognised as being in need of international protection, immediately after status has been granted, with information, in writing and in a language which they understand, in which provisions relating to the respective protection regimes are clearly set out.

As soon as the status has been granted Member States shall issue to persons enjoying subsidiary protection status and their accompanying family members a residence permit which must be valid for at least one year. This residence permit shall be automatically renewed at intervals of not less than one year, until such time as the granting authorities establish that such protection is no longer required.

As soon as the status has been granted Member States shall issue to persons enjoying subsidiary protection status and their accompanying family members a residence permit which must be valid for at least five years and automatically renewable.

Member States shall issue travel documents to persons enjoying subsidiary protection status who are unable to obtain a national passport.

Member States shall issue travel documents to persons enjoying subsidiary protection status under the same conditions as those referred to in paragraph 1.

Member States shall ensure that activities such as employment-related education opportunities for adults, vocational training and practical workplace experience are offered to refugees, under the same conditions as nationals.

Member States shall ensure that activities such as education opportunities for adults, vocational training, practical workplace experience and child care are offered to refugees, under the same conditions as nationals.

Member States shall authorise persons enjoying subsidiary protection status to engage in employed or self-employed activities under the same conditions as nationals no later than six months after such status is granted.

Member States shall authorise persons enjoying subsidiary protection status to engage in employed or self-employed activities under the same conditions as nationals as soon as such status is granted.

Member States shall ensure that persons enjoying subsidiary protection status have access to activities such as employment-related education opportunities for adults, vocational training and practical workplace experience, under the same conditions as nationals no later than one year after such status is granted.

Member States shall ensure that persons enjoying subsidiary protection status have access to activities such as education opportunities for adults, language-learning opportunities, vocational training, practical workplace experience and child care under the same conditions as nationals as soon as such status is granted.

Member States shall grant full access to the education system to all those minors enjoying international protection under the same conditions as nationals.

Member States shall grant full access to the mainstream education system to all minors, whether or not they enjoy international protection and whatever their place of accommodation or placement under the same conditions as nationals and ensure that they are covered by rules on compulsory schooling.

Member States shall allow adults enjoying international protection access to the general education system, further training or retraining, under the same conditions as nationals.

Member States shall allow adults enjoying international protection access to the general education system, further training, in particular language learning, or retraining, under the same conditions as nationals.

Member States shall provide appropriate medical and psychological care to persons enjoying international protection who have special needs, such as accompanied or unaccompanied minors, or persons who have undergone torture, rape or other serious forms of psychological, physical or sexual violence.

Member States shall provide appropriate medical and psychological care to persons enjoying international protection who have special needs, such as accompanied or unaccompanied minors, pregnant women, elderly persons, mentally or otherwise disabled persons or persons who have been victims of torture, trafficking in human beings, rape or other serious forms of psychological, physical or sexual violence.

Member States shall ensure access to rehabilitation services to minors who have been victims of any form of abuse, neglect, exploitation, torture, cruel, inhuman and degrading treatment or who have suffered from armed conflict. To facilitate recovery and reintegration, appropriate mental health care shall be developed and qualified psycho-social counselling shall be provided when it is needed.

Member States shall ensure access to rehabilitation services to minors and women who have been victims of any form of abuse, neglect, exploitation, torture, cruel, inhuman and degrading treatment or who have suffered from armed conflict. To facilitate recovery and reintegration, appropriate mental health care shall be developed and qualified psycho-social counselling shall be provided when it is needed.

Member States shall ensure that the minor's needs are duly met in the implementation of the provisions of this Directive by the appointed guardian. The appropriate authorities shall make regular assessments.

Member States shall ensure that the minor's needs are duly met in the implementation of the provisions of this Directive by the appointed legal guardian. The appropriate authorities shall make assessments at least once a year.

Member States shall ensure that unaccompanied minors are placed:

Member States shall ensure that unaccompanied minors are placed in the following, in order of priority, and taking due account of their best interest:

(c) in centres specialised in accommodation for minors; or

(c) in centres specialised in accommodation for minors which provide adequate protection; or

Member States shall ensure that those working with unaccompanied minors receive appropriate training on their needs.

Member States shall ensure that those working with unaccompanied minors receive appropriate specialised training on the needs of such minors and that they are obliged to treat as confidential any information which comes into their possession in the exercise of their duties.

6a. All decisions affecting minors shall be taken in accordance with the best interests of the child and the UN Convention on the Rights of the Child. There shall be no discrimination against any child or his or her parents on any ground such as of sex, gender identity, race, nationality, membership of a particular social group, health, colour, ethnic or social origin, genetic characteristics, language, religion or beliefs, political or other opinions, membership of a national minority, fortune, birth, disabilities, age or sexual orientation.

6b. Member States shall ensure that all minors, irrespective of their place of accommodation or placement and whatever their status, have access to the same education and training programmes as provided by the Member States for their nationals.

In order to facilitate the integration of refugees into society, Member States shall make provision for specific support programmes tailored to their needs in the fields of, inter alia, employment, education, healthcare and social welfare;

In order to facilitate the integration of refugees into society, Member States shall make provision for specific support programmes tailored to their needs in the fields of, inter alia, language learning, employment, education, healthcare and social welfare, as soon as their status is granted;

Member States shall grant persons enjoying subsidiary protection access to equivalent programmes not later than one year after their status is granted.

Member States shall grant persons enjoying subsidiary protection access to equivalent as soon as their status is granted.

Member States shall, in liaison with the Commission, take all appropriate measures to establish direct cooperation and an exchange of information between the competent authorities.

Member States shall, in liaison with the Commission, take all appropriate measures to establish direct cooperation and an exchange of information between the competent authorities and with the UNHCR.

Member States shall 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 and their accompanying family members, as well as the specific needs of minors, in particular unaccompanied minors.

Member States shall ensure that authorities, civil servants, interpreters and other organisations implementing this Directive have received the necessary specialised and appropriate basic training with respect to the needs of both male and female applicants and their accompanying family members, as well as the specific needs of minors, in particular unaccompanied minors, disabled persons and traumatised persons. They shall treat as confidential any information which comes into their possession in the exercise of their duties.

Member States shall implement the provisions of this Directive without discrimination on the basis of sex, race, nationality, membership of a particular social group, health, colour, ethnic or social origin, genetic characteristics, language, religion or beliefs, political or other opinions, membership of a national minority, fortune, birth, disabilities, age or sexual orientation.

Member States shall implement the provisions of this Directive without discrimination on any grounds such as sex, gender identity, race, nationality, membership of a particular social group, health, colour, ethnic or social origin, genetic characteristics, language, religion or beliefs, political or other opinions, membership of a national minority, fortune, birth, disabilities, age or sexual orientation.

By 30 April 2006 at the latest, the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States and shall propose any amendments that are necessary. Member States shall send the Commission all the information that is appropriate for drawing up that report. After presenting the report the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States at least every five years.

By 30 April 2006 at the latest, the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States and shall propose any amendments that are necessary. Member States shall send the Commission all the information that is appropriate for drawing up that report. After presenting the report the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States at least every three years.

Article 36a

Penalties

Member States shall determine the system of penalties for violations of the national provisions adopted in compliance with this Directive and shall take all the necessary measures to ensure that they are implemented. Such penalties shall be effective, proportional and dissuasive. Member States shall notify the Commission of these penalties no later than the date referred to in Article 37 and shall immediately inform it of any subsequent amendment thereto.

The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 April 2004 at the latest. They shall forthwith inform the Commission thereof.

The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 2003 at the latest. They shall forthwith inform the Commission thereof.