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Procedure : 2000/0238(CNS)
Document stages in plenary
Document selected : A6-0222/2005

Texts tabled :

A6-0222/2005

Debates :

PV 27/09/2005 - 4

Votes :

PV 27/09/2005 - 6.8

Texts adopted :

P6_TA(2005)0349

Texts adopted
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Tuesday, 27 September 2005 - Strasbourg Final edition
Procedures in Member States for granting and withdrawing refugee status *
P6_TA(2005)0349A6-0222/2005

European Parliament legislative resolution on the amended proposal for a Council directive on minimum standards on procedures in Member States for granting and withdrawing refugee status (14203/2004 – C6-0200/2004 – 2000/0238(CNS))

(Consultation procedure - renewed consultation)

The European Parliament ,

–   having regard to the Council draft (14203/2004)(1) ,

–   having regard to the amended Commission proposal to the Council (COM(2002)0326)(2) ,

–   having regard to its position of 20 September 2001(3) ,

–   having regard to Article 63(1)(1)(d) of the EC Treaty,

–   having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0200/2004),

–   having regard to Rules 51, 41(4) and 55(3) of its Rules of Procedure,

–   having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Development and the Committee on Legal Affairs (A6-0222/2005),

1.  Approves the Council proposal as amended;

2.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4.  Reserves the right to bring an action before the Court of Justice in order to seek verification of the legality of the proposal and of the compatibility thereof with fundamental rights;

5.  Instructs its President to forward its position to the Council and Commission.

Text proposed by the Council   Amendments by Parliament
Amendment 1
Recital 1 a (new)
(1a) Every Member State should have a comprehensive national legal framework on asylum that respects at least the basic protection provided under international asylum law.
Amendment 2
Recital 2
(2)  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 of 28 July 1951 relating to the status of refugees, as supplemented by the New York Protocol of 31 January 1967 ("Geneva Convention"), thus affirming the principle of non-refoulement and ensuring that nobody is sent back to persecution .
(2)  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 of 28 July 1951 relating to the status of refugees, as supplemented by the New York Protocol of 31 January 1967 ("Geneva Convention"), thus affirming the principle of non-refoulement and ensuring that nobody is sent back to countries or territories where their life or freedom could be at risk .
Amendment 3
Recital 3 a (new)
(3a) The European Council, at its meeting in Den Haag on 4 and 5 November 2004, confirmed the approach adopted in Tampere and agreed on the establishment by 2010 of a common asylum procedure and uniform status for those who are granted asylum or subsidiary protection.
Amendment 4
Recital 5
(5)  The main objective of this Directive is to introduce a minimum framework in the European Community on procedures for granting and withdrawing refugee status.
(5)  The main objective of this Directive is to introduce a minimum framework in the European Community on procedures for granting and withdrawing refugee status, ensuring that no Member State expels or returns an applicant for asylum in any manner whatsoever to the border of a territory where his life or freedom would be threatened on account of his race, sex, religion, nationality, language, sexual orientation, membership of a particular social group or minority, or political opinion, in accordance with international standards, in particular the Geneva Convention and the Tampere Conclusions on asylum.
Amendment 5
Recital 8
(8)  This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.
(8)  This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, as general principles of Community law, and by all existing international obligations, in particular the Geneva Convention .
Amendment 6
Recital 9
(9)  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.
(9)  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 all forms of discrimination.
Amendment 7
Recital 11
(11)  It is in the interest of both Member States and applicants for asylum to decide as soon as possible on applications for asylum. The organisation of the processing of applications for asylum is left to the discretion of Member States, so that they may, in accordance with their national needs, prioritise or accelerate the processing of any application, taking into account the standards in this Directive.
(11)  It is in the interest of both Member States and applicants for asylum to decide as soon as possible on applications for asylum, and there therefore need to be prompt and efficient procedures which should not take longer than six months . The organisation of the processing of applications for asylum is left to the discretion of Member States, so that they may, in accordance with their national needs, prioritise or accelerate the processing of any application, taking into account the standards in this Directive.
Amendment 8
Recital 13
(13)  In the interests of a correct recognition of those persons in need of protection as refugees within the meaning of Article 1 of the Geneva Convention, every applicant should, subject to certain exceptions, have an effective access to procedures, the opportunity to co-operate and properly communicate with the competent authorities so as to present the relevant facts of his/her case and sufficient procedural guarantees to pursue his/her case at and throughout all stages of the procedure. Moreover, the procedure in which an application for asylum is examined should normally provide an applicant at least with a right to stay pending a decision by the determining authority, access to the services of an interpreter for submitting his/her case if interviewed by the authorities, the opportunity to communicate with a representative of the United Nations High Commissioner for Refugees (UNHCR) or with any organisation working on its behalf, the right to appropriate notification of a decision, a motivation of that decision in fact and in law, the opportunity to consult a legal adviser or other counsellor, and the right to be informed of his/her legal position at decisive moments in the course of the procedure, in a language he/she can reasonably be supposed to understand .
(13)  In the interests of a correct recognition of those persons in need of protection as refugees within the meaning of Article 1 of the Geneva Convention, every applicant should have an effective access to procedures, the opportunity to co-operate and properly communicate with the competent authorities so as to present the relevant facts of his/her case and procedural guarantees to pursue his/her case at and throughout all stages of the procedure. Moreover, the procedure in which an application for asylum is examined should provide an applicant at least with a right to stay pending a decision by the determining authority, access to the services of an interpreter for submitting his/her case if interviewed by the authorities, the opportunity to communicate with a representative of the United Nations High Commissioner for Refugees (UNHCR) or with any organisation working on its behalf, the right to appropriate notification of a decision, a motivation of that decision in fact and in law, the opportunity to consult a legal adviser or other counsellor, and the right to be informed of his/her legal position at decisive moments in the course of the procedure, in a language he/she understands .
(The replacement of "can reasonably be supposed to understand" by "understands" or "understand" applies throughout the text.)
Amendment 9
Recital 14
(14)  In addition, specific procedural guarantees for unaccompanied minors should be laid down, because of their vulnerability. In this context, the best interests of the child should be a primary consideration of Member States.
(14)  In addition, specific procedural guarantees for unaccompanied children should be laid down, because of their vulnerability. In this context, the best interests of the child should be a primary consideration of Member States throughout the whole asylum procedure, in accordance with Article 3 of the UN Convention on the Rights of the Child (CRC) .
(The replacement of "minor" or "minors" by "child" or "children" applies throughout the text.)
Amendment 10
Recital 16
(16)  Many asylum applications are made at the border or in a transit zone of a Member State prior to a decision on the entry of the applicant. Member States should be able to keep existing procedures adapted to the specific situation of these applicants at the border. Common rules should be defined on possible exceptions made in these circumstances to the guarantees normally enjoyed by applicants . Border procedures should mainly apply to those applicants who do not meet the conditions for entry into the territory of the Member States.
(16)  Many asylum applications are made at the border or in a transit zone of a Member State prior to a decision on the entry of the applicant. Member States should be able to keep existing procedures adapted to the specific situation of these applicants at the border. Border procedures should mainly apply to those applicants who do not meet the conditions for entry into the territory of the Member States.
Amendment 11
Recital 17 a (new)
(17a) Trafficking is one of the main ways for applicants to enter the Member States. Bearing in mind the need to take account of their best interests, asylum applicants should not be discriminated against in any way in their application for having entered the Member State in such a manner.
Amendment 12
Recital 18
(18)  Given the level of harmonisation achieved on the qualification of third country nationals and stateless persons as refugees, common criteria for designating third countries as safe countries of origin should be established.
(18)  Given the level of harmonisation achieved on the qualification of third country nationals and stateless persons as refugees, common criteria for designating third countries as safe countries of origin should be established, and it must be ensured that evaluation and implementation are carried out correctly and efficiently .
Amendment 13
Recital 19
(19)  Where the Council has satisfied itself that those criteria are met in relation to a particular country of origin, and has consequently included it in the minimum common list of safe countries of origin to be adopted pursuant to this Directive, Member States should be obliged to consider applications of persons with the nationality of that country, or of stateless persons formerly habitually resident in that country, on the basis of the rebuttable presumption of the safety of that country. In the light of the political importance of the designation of safe countries of origin, in particular in view of the implications of an assessment of the human rights situation in a country of origin and its implications for the policies of the European Union in the field of external relations, the Council should take any decisions on the establishment or amendment of the list, after consultation of the European Parliament .
(19)  Where the Council has satisfied itself that those criteria are met in relation to a particular country of origin, and has consequently included it in the common list of safe countries of origin to be adopted pursuant to this Directive, Member States may consider applications of persons with the nationality of that country, or of stateless persons formerly habitually resident in that country, on the basis of the rebuttable presumption of the safety of that country. In the light of the political importance of the designation of safe countries of origin, in particular in view of the implications of an assessment of the human rights situation in a country of origin and its implications for the policies of the European Union in the field of external relations, the Council, in co-decision with the European Parliament, should take any decisions on the establishment or amendment of the list.
Amendment 14
Recital 20
(20)  It results from the status of Bulgaria and Romania as candidate countries for the accession to the European Union and the progress made by these countries for membership that they should be regarded as constituting safe countries of origin for the purposes of this Directive until the date of their accession to the European Union.
deleted
Amendment 15
Recital 21
(21)  The designation of a third country as a safe country of origin for the purposes of this Directive cannot establish an absolute guarantee of safety for nationals of that country. By its very nature, the assessment underlying the designation can only take into account the general civil, legal and political circumstances in that country and whether actors of persecution, torture or inhuman or degrading treatment or punishment are subject to sanction in practice when found liable in the country concerned. For this reason, it is important that, where an applicant shows that there are serious reasons to consider the country not to be safe in his/her particular circumstances, the designation of the country as safe can no longer be considered relevant for him/her.
(21)  The designation of a third country as a safe country of origin for the purposes of this Directive cannot establish an absolute guarantee of safety for nationals of that country. By its very nature, the assessment underlying the designation can only take into account the general civil, legal and political circumstances in that country, including adherence to the rules of international law on human rights, fundamental freedoms and refugee protection, and whether actors of persecution, torture or inhuman or degrading treatment or punishment are subject to sanction in practice when found liable in the country concerned. For this reason, it is important that, where an applicant shows that there are serious reasons to consider the country not to be safe in his/her particular circumstances, the designation of the country as safe can no longer be considered relevant for him/her.
Amendment 16
Recital 22
(22)  Member States should examine all applications on the substance, i.e. assess whether the applicant in question qualifies as a refugee in accordance with Council Directive 2004/83/EC on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, except where this Directive provides otherwise, in particular where it can be reasonably assumed that another country would do the examination or provide sufficient protection. Especially, Member States should not be obliged to assess the substance of an asylum application where a first country of asylum has granted the applicant refugee status or otherwise sufficient protection and the applicant will be readmitted to this country.
(22)  Member States should examine all applications on the substance, i.e. assess whether the applicant in question qualifies as a refugee in accordance with Council Directive 2004/83/EC on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, except where it is established that another country is competent to do the examination and can provide effective, equivalent and adequate protection in accordance with Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national 1 . Especially, Member States should not be obliged to assess the substance of an asylum application where a first country of asylum has granted the applicant refugee status or otherwise effective protection and the applicant will be readmitted to this country.
________________
¹ OJ L 50, 25.2.2003, p. 1.
(The replacement of "sufficient protection" by "effective protection" applies throughout the text.)
Amendment 17
Recital 23
(23)  Member States should also not be obliged to assess the substance of an asylum application where the applicant, due to a connection to a third country as defined by national law, can reasonably be expected to seek protection in that third country. Member States should only proceed on this basis where this particular applicant would be safe in the third country concerned. In the interest of avoiding secondary movements of applicants, common principles for the consideration or designation by Member States of third countries as safe should be established.
deleted
Amendment 18
Recital 24
(24)  Furthermore, with respect to certain European third countries, which observe particularly high human rights and refugee protection standards, Member States should be allowed to carry out no or no full examination of asylum applications regarding applicants who enter their territory from such European third countries. Given the potential consequences for the applicant of a restricted or omitted examination, this application of the safe third country concept should be restricted to cases involving third countries with respect to which the Council has satisfied itself that the high standards for the safety of the third country concerned, as set out in this Directive, are fulfilled. The Council should take decisions in this matter after consultation of the European Parliament.
deleted
Amendment 19
Recital 25
(25)  It follows from the nature of the common standards concerning both safe third country concepts as set out in this Directive, that the practical effect of the concepts depends on whether the third country in question permits the applicant in question to enter its territory.
(25)  It follows from the nature of the common standards concerning the safe third country concept as set out in this Directive, that the practical effect of the concept depends on whether the third country in question permits the applicant in question to enter its territory.
Amendment 20
Recital 26
(26)  With respect to the withdrawal of refugee status, Member States shall ensure that the persons benefiting from the refugee status are duly informed of a possible reconsideration of their status and have the opportunity to submit their point of view before the authorities can take a motivated decision to withdraw their status. However, these guarantees can be dispensed with where the reasons for the cessation of the refugee status is not related to a change of the conditions on which the recognition was based.
(26)  With respect to the withdrawal of refugee status, Member States shall ensure that the persons benefiting from the refugee status are duly informed of a possible reconsideration of their status and have the opportunity to submit their point of view before the authorities can take a motivated decision to withdraw their status.
Amendment 21
Recital 27
(27)  It reflects a basic principle of Community law that the decisions taken on an application for asylum and on the withdrawal of a refugee status must be subject to an effective remedy before a court or tribunal in the meaning of Article 234 of the Treaty establishing the European Community. The effectiveness of the remedy, also with regard to the examination of the relevant facts, depends on the administrative and judicial system of each Member State seen as a whole.
(27)  It reflects a basic principle of Community law that the decisions taken on an application for asylum and on the withdrawal of a refugee status must be subject to an effective remedy before a court or tribunal in the meaning of Article 234 of the Treaty establishing the European Community. Decisions taken on an application for asylum should be subject to an appeal consisting of an examination of both facts and points of law by a court of law. The applicant should be entitled not to be expelled until a court has ruled on the right to remain pending the outcome of that appeal.
Amendment 22
Recital 28
(28)  In accordance with Article 64 of the Treaty establishing the European Community, this Directive does not affect the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security.
deleted
Amendment 23
Recital 29 a (new)
(29a) Directive 95/46/EC of the European Parliament and the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data 1 and on the free movement of such data should apply to personal data treated in application of this Directive. Directive 95/46/EC should also apply to the transmission of data from Member States to the UNHCR in the exercise of its mandate under the Geneva Convention. This transmission is subject to an adequate level of personal data protection in the UNHCR.
__________
OJ L 281, 23.11.1995, p. 31.
Amendment 24
Recital 29 b (new)
(29b) Member States should provide for penalties in the event of infringement of the national provisions adopted pursuant to this Directive.
Amendment 25
Article 1
The purpose of this Directive is to establish minimum standards on procedures in Member States for granting and withdrawing refugee status.
The purpose of this Directive is to establish minimum standards on procedures in Member States for granting and withdrawing refugee status which are in accordance with the Geneva Convention and Directive 2004/83/EC.
Amendment 26
Article 1 a (new)
Article 1a
Observance of international obligations and fundamental rights
The Directive respects all the existing international obligations of Member States and the Charter of Fundamental Rights of the European Union, especially Article 18, as general principles of Community law.
Amendment 27
Article 2, point (e)
(e)  "Determining authority" means any quasi-judicial or administrative body in a Member State responsible for examining applications for asylum and competent to take decisions at first instance in such cases, subject to Annex I;
(e)  "Determining authority" means any judicial or administrative body in a Member State responsible for examining applications for asylum and competent to take decisions at first instance in such cases, subject to Annex I;
Amendment 28
Article 2, point (g)
(g)  "Refugee Status" means the recognition by a Member State of a third country national or stateless person as a refugee;
(g)  "Refugee Status" means the recognition by a Member State of such status granted to the applicant ;
Amendment 29
Article 2, point (h)
(h)  "Unaccompanied minor " means a person below the age of eighteen who arrives in the territory of the Member States unaccompanied by an adult responsible for him/her whether by law or by custom, and for as long as he/she is not effectively taken into the care of such a person; it includes a minor who is left unaccompanied after he/she has entered the territory of the Member States;
(h) " Unaccompanied child" or "separated child" means a person below the age of eighteen who arrives in the territory of the Member States unaccompanied by an adult responsible for him/her whether by law or by custom, and for as long as he/she is not effectively taken into the care of such a person; it includes a minor who is left unaccompanied after he/she has entered the territory of the Member States; "unaccompanied child" refers to a child who has been separated from both parents and other relatives or legal or customary guardians; "separated child" refers to a child who is accompanied by an adult who is unwilling or unable to assume responsibility for long-term care of the child.
Amendment 30
Article 3, paragraph 1a (new)
1a. This Directive shall be implemented and transposed into national legislation with due respect for the fundamental human rights and principles recognised in particular by the Charter of Fundamental Rights of the European Union as general principles of Community law. International law and United Nations agreements shall be observed.
Amendment 31
Article 3, paragraph 1b (new)
1b. This Directive shall be implemented and transposed into national legislation with due respect for all the existing international obligations of the EU and its Member States and, in particular, the Geneva Convention and partnership and cooperation agreements concluded with third countries.
Amendment 32
Article 3, paragraph 1c (new)
1c. This Directive shall be applied without discrimination of any form in accordance with Article 13 of the Treaty and international conventions on human rights and refugee protection.
Amendment 33
Article 3A, paragraph 1, subparagraph 1
1.  Member States shall designate for all procedures a determining authority which will be responsible for an appropriate examination of the applications in accordance with the provisions of this Directive, in particular Articles 7(2) and 8 .
1.  Member States shall designate for all procedures a determining authority which will be responsible for an appropriate examination of the applications in accordance with the provisions of this Directive, in particular Articles 7(2), 8 and 10(1) .
Amendment 34
Article 3A, paragraph 2, point (b)
(b) taking a decision on the application in the light of national security provisions, provided a determining authority is consulted prior to this decision as to whether the applicant qualifies as a refugee by virtue of Council Directive 2004/83/EC;
(b) taking a decision on the application in the light of national security provisions, whilst respecting international conventions, the Charter of Fundamental Rights and personal freedoms, provided a determining authority is consulted prior to this decision as to whether the applicant qualifies as a refugee by virtue of Council Directive 2004/83/EC;
Amendment 35
Article 3 a, paragraph 2, point (e)
(e) refusing permission to enter in the framework of the procedure provided for in Article 35(2) to (5) , subject to the conditions and as set out in these paragraphs ;
(e) refusing permission to enter in the framework of the procedure provided for in Article 35 , subject to the conditions and as set out in that Article ;
Amendment 36
Article 3 a, paragraph 2, point (f)
(f) establishing that an applicant is seeking to enter or has entered in the Member State from a safe third country pursuant to Article 35A, subject to the conditions and as set out in this Article.
deleted
Amendment 37
Article 3 a, paragraph 3
3.  Member States shall ensure that where authorities are designated in accordance with paragraph 2, the personnel of such authorities have the appropriate knowledge or receive the necessary training to fulfil their obligations when implementing this Directive.
3.  Member States shall ensure that where authorities are designated in accordance with paragraph 2, the personnel of such authorities have the appropriate knowledge and training to fulfil their obligations when implementing this Directive.
Amendment 38
Article 4 a (new)
Article 4a
Protection from expulsion or return
No Member State shall expel or return an applicant for asylum to a territory where his or her life or freedom would be threatened on account of his or her race, sex, religion, nationality, language, sexual orientation, membership of a particular social group or minority, or political opinion, or where he or she faces a real risk of torture or inhuman or degrading treatment.
Amendment 39
Article 5, paragraph 1
1.  Member States may require that applications for asylum be made in person and/or at a designated place.
1.  Member States may require that applications for asylum be made in person and/or at a designated place. In specific circumstances, Member States shall allow an application to be submitted on behalf of an applicant by his legal representative .
Amendment 40
Article 5, paragraph 3 a (new)
3a. Applications from unaccompanied children and other persons in a particularly vulnerable situation shall be considered and decided on a priority basis and in compliance with the relevant formal and material requirements. Priority shall also be given to the consideration and deciding of manifestly well-founded claims.
Amendment 41
Article 5, paragraph 3 b (new)
3b. Where dependent adults consent to an application's being lodged on their behalf, consistent with Article 3 of the Convention on the Rights of the Child, the best interests of the child shall be taken into account throughout the whole asylum procedure.
Amendment 42
Article 5, paragraph 4, introductory part
4.  Member States may determine, in national legislation
4.  Member States may determine, provided they act in accordance with Article 3 of the Convention on the Rights of the Child, in national legislation
Amendment 43
Article 5, paragraph 4, point (c)
(c) the cases in which the lodging of an application for asylum is deemed to constitute also the lodging of an application for asylum for any unmarried minor.
deleted
Amendment 44
Article 5, paragraph 5 a (new)
5a. Member States shall ensure that each person who wishes to make an asylum application promptly receives exhaustive information about the procedure and his/her rights and obligations, in his/her own language.
Amendment 45
Article 6, paragraph 1
1.  Applicants shall be allowed to remain in the Member State, for the sole purpose of the procedure, until such time as the determining authority has made a decision in accordance with the procedures at first instance set out in Chapter III. This right to remain shall not constitute an entitlement to a residence permit.
1.  Applicants shall be allowed to remain in the Member State in which the application for asylum has been made or is being examined until a final decision has been reached and the appeals procedure exhausted. This right to remain shall not constitute an entitlement to a residence permit.
Amendment 46
Article 6, paragraph 1 a (new)
1a. Member States may derogate from paragraph 1 only when it has been established that the request is manifestly unfounded or clearly abusive. In such cases, a court of law or other independent authority shall review and confirm the denial of suspensive effect, based on a review of the facts and the likelihood of success on appeal.
Amendment 47
Article 7, paragraph 1
1.  Without prejudice to Article 23(4)(i), Member States shall ensure that applications for asylum are neither rejected nor excluded from examination on the sole ground that they have not been made as soon as possible.
1.  Without prejudice to Article 23(4)(i), Member States shall ensure that applications for asylum are neither rejected nor excluded from examination on the grounds that they have not been made as soon as possible.
Amendment 48
Article 7, paragraph 2, point (a)
(a) applications are examined and decisions are taken individually, objectively and impartially;
(a) applications are examined and decisions are taken individually, objectively and impartially in accordance with this Directive and international human rights and refugee law ;
Amendment 49
Article 7, paragraph 2, point (b)
(b) precise and up-to-date information is obtained from various sources, such as information from the United Nations High Commissioner for Refugees (UNHCR), as to the general situation prevailing in the countries of origin of applicants for asylum and, where necessary, in countries through which they have transited , and that such information is made available to the personnel responsible for examining applications and taking decisions;
(b) precise and up-to-date information is obtained from various sources, such as information from the United Nations High Commissioner for Refugees (UNHCR) and other civil society organisations working in the applicants' countries of origin , as to the general civil, legal and political situation, particularly with regard to respect for human rights and fundamental freedoms, prevailing in the countries of origin of applicants for asylum, and that such information is made available to the personnel responsible for examining applications and taking decisions;
Amendment 50
Article 7, paragraph 2, point (c)
(c) the personnel examining applications and taking the decisions have the knowledge with respect to relevant standards applicable in the field of asylum and refugee law.
(c) the personnel examining applications and taking the decisions have the knowledge, training and instructions with respect to relevant standards applicable in the field of asylum and refugee law.
Amendment 51
Article 7, paragraph 4
4.  Member States may provide for rules concerning the translation of documents relevant for the examination of applications.
4.  Member States shall provide for rules concerning the translation of documents relevant for the examination of applications.
Amendments 52 and 53
Article 8, paragraph 1
1.  Member States shall ensure that decisions on applications for asylum are given in writing.
1.  Member States shall ensure that all decisions on applications for asylum are given in writing, in a language which the applicant understands.
Amendment 54
Article 8, paragraph 2, subparagraph 2
Member States need not state the reasons for not granting the refugee status in the decision where the applicant is granted a status, which offers the same rights and benefits under national and Community law as the refugee status by virtue of Council Directive 2004/83/EC. In these cases, Member States shall ensure that the reasons for not granting the refugee status are stated in the applicant's file, and that the applicant has, upon request, access to his/her file.
Member States need not state the reasons for not granting the refugee status in the decision where the applicant is granted a status, which offers the same rights and benefits under national and Community law as the refugee status by virtue of Council Directive 2004/83/EC. In these cases, Member States shall ensure that the reasons for not granting the refugee status are stated in the applicant's file, and that the applicant or his/her lawyer or legal representative has, upon request, access to his/her file.
Amendment 55
Article 8, paragraph 2, subparagraph 3
Moreover, Member States need not provide information on how to challenge a negative decision in writing in conjunction with that decision where the applicant has been informed at an earlier stage either in writing or by electronic means accessible to the applicant of how to challenge such a decision .
Moreover, Member States shall provide information on how to challenge a negative decision in writing in conjunction with that decision.
Amendment 57
Article 9, paragraph 1, point (b)
(b) they must receive the services of an interpreter for submitting their case to the competent authorities whenever necessary. Member States shall consider it necessary to give these services at least when the determining authority calls upon the applicant to be interviewed as referred to in Articles 10 and 11 and appropriate communication cannot be ensured without such services. In this case and in other cases where the competent authorities call upon the applicant, the services shall be paid for out of public funds;
(b) they must receive the services of a qualified and impartial interpreter for submitting their case to the competent authorities whenever necessary. Member States shall guarantee this service during all personal interviews, appeal hearings and other verbal communications with the competent authorities, in particular as referred to in Articles 10 and 11 and when appropriate communication cannot be ensured without such services. In these and in other cases where the competent authorities call upon the applicant, the services shall be paid for out of public funds;
Amendment 58
Article 9, paragraph 1, point (c)
(c) they must not be denied the opportunity to communicate with the UNHCR or with any other organisation working on behalf of the UNHCR in the territory of the Member State pursuant to an agreement with that Member State;
(c) they must be given an effective opportunity to communicate with the UNHCR or with any other organisation working on behalf of the UNHCR or independently with asylum seekers in the territory of the Member State;
Amendment 59
Article 9, paragraph 1, point (d)
(d) they must be given notice in reasonable time of the decision by the determining authority on their application for asylum. If a legal adviser or other counsellor is legally representing the applicant, Member States may choose to give notice of the decision to him/her instead of to the applicant for asylum;
(d) they must be given notice, within a time-limit which shall not exceed six months, of the decision by the determining authority on their application for asylum. If a legal adviser or other counsellor is legally representing the applicant, Member States may choose to give notice of the decision to him/her instead of to the applicant for asylum;
Amendment 181
Article 9 a, paragraph 1
1.  Member States may impose upon applicants for asylum obligations to cooperate with the competent authorities insofar as these obligations are necessary for the processing of the application.
1.  Member States may impose upon applicants for asylum obligations to cooperate with the competent authorities insofar as these obligations are necessary for the processing of the application. However, under no circumstances shall it be permitted to make use of consulates or diplomatic missions representing the authorities of third countries of which applicants for asylum say they are or are established to be nationals for purposes of verifying the applicants' nationality.
Amendment 60
Article 9 a, paragraph 2, point (d)
(d) the competent authorities may search the applicant and the items he/she carries with him/her;
(d) the competent authorities may ascertain that the applicant does not constitute a danger and check the items he/she carries with him/her;
Amendment 61
Article 10, paragraph 1, subparagraph 1
1.  Before a decision is taken by the determining authority, the applicant for asylum shall be given the opportunity of a personal interview on his/her application for asylum with a person competent under national law to conduct such an interview.
1.  Before a decision is taken by the determining authority, the applicant for asylum shall be given the opportunity of a personal interview, if necessary in the presence of an interpreter and the applicant's lawyer or legal representative, on his/her application for asylum with a person professionally appropriate and qualified under national law governing the procedures concerning right of asylum and refugees to conduct such an interview. In the case of children or persons with physical or mental limitations and pregnant women or victims of sexual violence, specific procedural guarantees shall be provided and, if necessary, use shall be made of specifically qualified professionals.
Amendment 62
Article 10, paragraph 1, subparagraph 2
Member States may also give the opportunity of a personal interview to each adult among the dependants referred to in Article 5(3).
The dependants referred to in Article 5(3) shall also have the right to a personal interview.
Amendment 63
Article 10, paragraph 1, subparagraph 3
Member States may determine in national legislation the cases in which a minor shall be given the opportunity of a personal interview.
Member States may determine in national legislation the cases in which a child shall be given the opportunity of a personal interview, taking into account the individual's level of maturity and any psychological trauma he/she has endured. The interviewer shall bear in mind that the child's knowledge of conditions in the country of origin may, owing to his/her age, be limited.
Amendment 64
Article 10, paragraph 2, point (a a) (new)
(aa) the competent authority is not able to conduct the interview, because the applicant has, without good reasons, not complied with invitations to appear;
Amendment 65
Article 10, paragraph 2, point (a b) (new)
(ab) the person has a mental or emotional disturbance which impedes a normal examination of his/her case;
Amendment 66
Article 10, paragraph 2, point (b)
(b) the competent authority has already had a meeting with the applicant for the purpose of assisting him/her with filling his/her application and submitting the essential information regarding the application, in terms of Article 4(2) of Council Directive 2004/83/EC; or
deleted
Amendment 67
Article 10, paragraph 2, point (c)
(c) the determining authority, on the basis of a complete examination of information provided by the applicant, considers the application as unfounded in the cases where the circumstances mentioned in Article 23(4)(a), (c), (g), (h) and (j) apply.
deleted
Amendment 68
Article 10, paragraph 3
3.  The personal interview may also be omitted, where it is not reasonably practicable, in particular where the competent authority is of the opinion that the applicant is unfit or unable to be interviewed owing to enduring circumstances beyond his/her control. When in doubt, Member States may require a medical or psychological certificate.
deleted
Where the Member State does not provide the opportunity for a personal interview pursuant to this paragraph, or where applicable, to the dependant, reasonable efforts must be made to allow the applicant or the dependant to submit further information.
Amendment 69
Article 10, paragraph 3 a (new)
3a. Member States shall ensure that an applicant who cannot attend or complete a personal interview owing to the state of his/her physical and/or psychological health, physical or mental disability, or particular emotional disturbance, is given specific attention in order to safeguard the fairness of the proceedings.
Amendment 70
Article 10, paragraph 4
4.  The absence of a personal interview in accordance with this Article shall not prevent the determining authority from taking a decision on an application for asylum.
4.  The absence of a personal interview in accordance with this Article shall not prevent the determining authority from taking a decision on an application for asylum if the absence is for reasons connected with paragraphs 2(aa) and (ab) and 3a of this Article and Articles 20(1) and 23(4)(a), (c), (h), and (j) .
Amendment 71
Article 10, paragraph 5
5.  The absence of a personal interview pursuant to paragraph 2(b) and (c) and paragraph 3 shall not adversely affect the decision of the determining authority.
5.  The absence of a personal interview shall not adversely affect the decision of the determining authority. In such cases, each person must be given the opportunity to be represented, by a guardian or a legal representative in the case of children, or a counsellor or legal adviser as appropriate.
Amendment 72
Article 10, paragraph 6
6.  Irrespective of Article 20(1), Member States, when deciding on the application for asylum, may take into account the fact that the applicant failed to appear for the personal interview, unless he or she had good reasons for the failure to appear.
6.  Irrespective of Article 20(1), Member States, when deciding on the application for asylum, may take into account the fact that the applicant failed to appear for the personal interview, unless he or she had good reasons for the failure to appear, or that the interview did not take place or was terminated on account of the state of the applicant's psychological and/or physical health .
Amendment 73
Article 11, paragraph 3, point (a)
(a) ensure that the person who conducts the interview is sufficiently competent to take account of the personal or general circumstances surrounding the application, including the applicant's cultural origin or vulnerability, insofar as it is possible to do so, and
(a) ensure that the person who conducts the interview and the interpreter have received the appropriate training and have appropriate professional competence and the ability to make a fair and accurate assessment of the personal or general circumstances surrounding the application, including the applicant's cultural origin or vulnerability, and
Amendment 74
Article 11, paragraph 3, point (b)
(b) select an interpreter who is able to ensure appropriate communication between the applicant and the person who conducts the interview. The communication need not necessarily take place in the language preferred by the applicant for asylum if there is another language which he/she may reasonably be supposed to understand and in which he/she is able to communicate in.
(b) select an interpreter who is able to ensure appropriate communication between the applicant and the person who conducts the interview. The communication need not necessarily take place in the language preferred by the applicant for asylum if there is another language which he/she understands and is able to communicate in.
Amendment 75
Article 11, paragraph 4
4.  Member States may provide for rules concerning the presence of third parties at the personal interview.
4.  Member States shall provide for rules concerning the presence of third parties at the personal interview, provided such rules are in accordance with international standards .
Amendment 76
Article 12, paragraph 1
1.  Member States shall ensure that a written report is made of every personal interview, containing at least the essential information regarding the application, as presented by the applicant, in terms of Article 4(2) of Council Directive 2004/83/EC.
1.  Member States shall ensure that a written report is made of every personal interview, containing the information regarding the application as presented by the applicant, in terms of Article 4(2) of Council Directive 2004/83/EC.
Amendment 77
Article 12, paragraph 2
2.  Member States shall ensure that applicants have timely access to the report of the personal interview. Where access is only granted after the decision of the determining authority, Member States shall ensure that access is possible as soon as necessary for allowing an appeal to be prepared and lodged in due time.
2.  Member States shall ensure that applicants have timely access to the report of the personal interview in a language they understand or in another form considered appropriate . Where access is only granted after the decision of the determining authority, Member States shall ensure that access is possible as soon as necessary for allowing an appeal to be prepared and lodged in due time.
Amendment 78
Article 12, paragraph 3, subparagraph 1
3.  Member states may request the applicant's approval on the contents of the report of the personal interview.
3.  Member States shall request that the applicant verify the contents of the report of the personal interview, in order to avoid misunderstandings or contradictions or invalidation of the application at a later date.
Amendment 79
Article 12, paragraph 3, subparagraph 2
Where an applicant refuses to approve the contents of the report, the reasons for this refusal shall be entered into the applicant's file.
Where an applicant refuses to verify the contents of the report, the reasons for this refusal shall be entered into the applicant's file.
Amendments 80 and 81
Article 12, paragraph 3, subparagraph 3
The refusal of an applicant to approve the contents of the report of the personal interview shall not prevent the determining authority from taking a decision on his/her application.
Approval of the asylum applicant shall be requested. The refusal of an applicant to verify the contents of the report of the personal interview may not prevent the determining authority from taking a decision on his/her application. However, the applicant's refusal to verify the contents of the report shall be taken into account when those contents are considered.
Amendment 82
Article 13, paragraph 1
1.  Member States shall allow applicants for asylum at their own cost the opportunity to consult in an effective manner a legal adviser or other counsellor, admitted or permitted as such under national law, on matters relating to their asylum applications.
1.  Applicants for asylum shall be given the opportunity to consult in an effective manner a legal adviser or other counsellor, admitted or permitted as such under national law, on matters relating to their asylum applications at all stages of the procedure, including following a negative decision .
Amendment 83
Article 13, paragraph 3, subparagraph 1, introductory part
3.   Member States may provide in their national legislation that free legal assistance and/or representation be granted:
3.  Where the applicant has insufficient resources to pay for assistance provided by a legal advisor or other counsellor, as referred to in paragraph 1, Member States shall ensure that such assistance is provided free of charge or at least in accordance with national rules on legal aid or financial assistance. Member States shall also ensure that any such assistance is equivalent to that which is available to their own nationals in legal or administrative procedures.
Amendment 84
Article 13, paragraph 3, subparagraph 1, point (a)
(a) only for the procedures before a court or tribunal in accordance with Chapter V and not to any onward appeals or reviews provided for under national law, including a rehearing of an appeal following an onward appeal or review; and/or
deleted
Amendment 85
Article 13, paragraph 3, subparagraph 1, point (b)
(b) only to those who lack sufficient resources; and/or
deleted
Amendment 86
Article 13, paragraph 3, subparagraph 1, point (c)
(c) only to legal advisers or other counsellors specifically designated by national law to assist and/or represent applicants for asylum; and/or
deleted
Amendment 87
Article 13, paragraph 3, subparagraph 1, point (d), and subparagraph 2
(d) only if the appeal or review is likely to succeed.
deleted
Member States shall ensure that legal assistance and/or representation granted under subparagraph (d) is not arbitrarily restricted
Amendment 88
Article 13, paragraph 4
4.  Rules concerning the modalities for filing and processing such requests may be provided by Member States.
deleted
Amendment 89
Article 13, paragraph 5, point (a)
(a) impose monetary and/or time limits on the provision of free legal assistance and /or representation provided that such limits do not arbitrarily restrict access to legal assistance and/or representation.
(a) limit the amount of legal assistance to the average costs of legal assistance for each relevant step in the asylum procedure provided that such limits do not arbitrarily restrict access to legal assistance and/or representation.
Amendment 90
Article 14, paragraph 1, subparagraph 1
1.  Member States shall ensure that a legal adviser or other counsellor admitted or permitted as such under national law who assists or represents an applicant for asylum under the terms of national law shall enjoy access to such information in the applicant's file as is liable to be examined by the authorities referred to in Chapter V, insofar as the information is relevant to the examination of the application .
1.  Member States shall ensure that a legal adviser or other counsellor admitted or permitted as such under national law who assists or represents an applicant for asylum under the terms of national law shall enjoy access to information in the applicant's file.
Amendment 91
Article 14, paragraph 1, subparagraph 2
Member States may make an exception where disclosure of information or sources would jeopardise national security, the security of the organisations or persons providing the information or the security of the person(s) to whom the information relates or where the investigative interests relating to the examination of applications of asylum by the competent authorities of the Member States or the international relations of the Member States would be compromised. In these cases, access to the information or sources in question must be available to the authorities referred to in Chapter V, except where such access is precluded in national security cases.
Member States may make an exception where disclosure of information or sources would jeopardise national security, the security of the organisations or persons providing the information or the security of the person(s) to whom the information relates or where the investigative interests relating to the examination of applications of asylum by the competent authorities of the Member States or the international relations of the Member States would be compromised. In these cases, access to the information or sources in question must be available to the authorities referred to in Chapter V, except where such access is precluded in clearly defined national security cases.
Amendment 92
Article 14, paragraph 2
2.  Member States shall ensure that the legal adviser or other counsellor who assists or represents an applicant for asylum has access to closed areas, such as detention facilities and transit zones, for the purpose of consulting that applicant. Member States may only limit the possibility to visit applicants in closed areas where such limitation is, by virtue of national legislation, objectively necessary for the security, public order or administrative management of the area or to ensure an efficient examination of the application , provided that access by the legal adviser or other counsellor is not thereby severely limited or rendered impossible.
2.  Member States shall ensure that the legal adviser or other counsellor who assists or represents an applicant for asylum has full access to closed areas, such as detention facilities and transit zones, for the purpose of consulting that applicant. Member States may only limit the possibility to visit applicants in closed areas where such limitation is, by virtue of national legislation, objectively necessary for security and public order, provided that access by the legal adviser or other counsellor is not thereby severely limited or rendered impossible and that, in any event, the letter and case-law of the European Convention on Human Rights and Fundamental Freedoms are fully respected .
Amendment 93
Article 15, paragraph 1, point (b)
(b) ensure that the representative is given the opportunity to inform the unaccompanied minor about the meaning and possible consequences of the personal interview and, where appropriate, how to prepare himself/herself for the personal interview. Member States shall allow the representative to be present at that interview and to ask questions or make comments, within the framework set by the person who conducts the interview .
(b) ensure that the representative is given the opportunity to inform the unaccompanied child about the meaning and possible consequences of the personal interview and, where appropriate, how to prepare himself/herself for the personal interview. Member States shall allow the representative to be present at that interview and to ask questions or make comments.
Amendment 94
Article 15, paragraph 2, point (a)
(a) will in all likelihood reach the age of maturity before a decision at first instance is taken; or
deleted
Amendment 95
Article 15, paragraph 2, point (c)
(c) is married or has been married.
deleted
Amendment 96
Article 15, paragraph 3
3.  Member States may, in accordance with laws and regulations in force at the time of the adoption of this Directive, also refrain from appointing a representative where the unaccompanied minor is 16 years old or older, unless he/she is unable to pursue his/her application without a representative.
deleted
Amendment 97
Article 15, paragraph 5 a (new)
5a. Persons claiming to be children shall be provisionally treated as such, until their age has been determined.
Amendment 98
Article 15, paragraph 6
6.  The best interests of the child shall be a primary consideration for Member States when implementing the provisions of this Article .
6.  The best interests of the child shall be a primary consideration for Member States when implementing the provisions of this Directive .
Amendment 99
Article 17
1.  Member States shall not hold a person in detention for the sole reason that he/she is an applicant for asylum.
1.  In principle, Member States shall not hold applicants for asylum in detention or in a closed reception centre. Alternatives to detention and non-custodial measures must always be considered before resorting to detention.
2.   Where an applicant for asylum is held in detention, Member States shall ensure that there is the possibility of speedy judicial review.
2.   No applicant for asylum may be detained unless it has been established that the detention is necessary, lawful and justified on one of the grounds recognised as legitimate by international standards. Applicants for asylum may only be detained in facilities clearly distinct from prisons.
2a. Access to effective legal assistance, the services of competent, qualified and impartial interpreters and to qualified medical personnel shall be granted to applicants for asylum on a systematic basis.
2b. Persons deprived of their liberty shall be given an adequate opportunity to have their detention reviewed as regards both its legality and its necessity, by means of a prompt, fair, individual hearing before a judicial or other similar authority the status and tenure of which afford the strongest possible guarantees of competence, impartiality and independence.
2c. Unaccompanied children may not be detained on the ground of their immigration status. Alternative measures to detention must be considered in the case of persons belonging to vulnerable categories, such as unaccompanied elderly persons, victims of torture or trauma, and persons with a mental or physical disability. As a general rule, Member States shall ensure that pregnant women in the final months of pregnancy and women who are breastfeeding are not detained.
Amendment 100
Article 20, paragraph 1, subparagraph 1
1.  When there is reasonable cause to consider that an applicant for asylum has implicitly withdrawn or abandoned his/her application for asylum, Member States shall ensure that the determining authority takes a decision either to discontinue the examination or to reject the application on the basis that the applicant has not established an entitlement to refugee status in accordance with Council Directive 2004/83/EC .
1.  When there is reasonable cause to consider that an applicant for asylum has implicitly withdrawn or abandoned his/her application for asylum, Member States shall ensure that the determining authority takes a decision to discontinue the examination and, as a result, to close the file on the applicant.
Amendment 101
Article 20, paragraph 2, subparagraph 2
Member States may provide for a time limit after which the applicant's case can no longer be reopened.
deleted
Amendment 102
Article 21, paragraph 1
1.  Member States shall allow the UNHCR:
1.  Member States are obliged to allow the UNHCR:
(a) to have access to applicants for asylum, including those in detention and in airport or port transit zones;
(a) to have access to applicants for asylum, including those in detention and in airport or port transit zones;
(b) to have access to information on individual applications for asylum, on the course of the procedure and on the decisions taken, provided that the applicant for asylum agrees thereto;
(b) to have access to information on individual applications for asylum, on the course of the procedure and on the decisions taken, provided that the applicant for asylum agrees thereto;
(c) to present its views, in the exercise of its supervisory responsibilities under Article 35 of the Geneva Convention, to any competent authorities regarding individual applications for asylum at any stage of the procedure.
(c) to present its views, in the exercise of its supervisory responsibilities under Article 35 of the Geneva Convention, to any competent authorities regarding individual applications for asylum at any stage of the procedure.
Amendment 103
Article 21, paragraph 2
2.  Paragraph 1 shall also apply to an organisation which is working in the territory of the Member State on behalf of the UNHCR pursuant to an agreement with that Member State.
2.  Paragraph 1 shall also apply to an organisation which is working on behalf of the UNHCR, subject to the agreement of the Member State.
Amendment 104
Article 22, point (a)
(a) directly disclose the information regarding individual applications for asylum, or the fact that an application has been made, to the alleged actor(s) of persecution of the applicant for asylum.
(a) disclose the information regarding individual applications for asylum, or the fact that an application has been made, to the alleged actor(s) of persecution of the applicant for asylum.
Amendment 105
Article 22, point (b)
(b) obtain any information from the alleged actor(s) of persecution in a manner that would result in such actor(s) being directly informed of the fact that an application has been made by the applicant in question, and would jeopardise the physical integrity of the applicant and his/her dependants, or the liberty and security of his/her family members still living in the country of origin .
(b) obtain any information from the alleged actor(s) of persecution.
Amendment 106
Article 23, paragraph 2, subparagraph 1
2.  Member States shall ensure that such a procedure is concluded as soon as possible, without prejudice to an adequate and complete examination.
2.  Member States shall ensure that such a procedure is concluded as soon as possible and within no later than six months , without prejudice to an adequate and complete examination.
Amendment 107
Article 23, paragraph 2, point (b)
(b) receive, upon his/her request, information on the time-frame within which the decision on his/her application is to be expected. Such information shall not constitute an obligation for the Member State towards the applicant concerned to take a decision within that time frame .
(b) receive, upon his/her request, information on the time-frame within which the decision on his/her application is to be expected, which shall not exceed three months .
Amendment 108
Article 23, paragraph 3 a (new)
3a. Member States shall apply the regular procedure to particularly vulnerable persons, including separated children and persons who may have experienced trauma or sexual violence.
Amendment 109
Article 23, paragraph 4, point (a)
(a) the applicant in submitting his/her application and presenting the fact, has only raised issues that are not relevant or of minimal relevance to the examination of whether he/she qualifies as a refugee by virtue of Council Directive 2004/83/EC; or
(a) the applicant in submitting his/her application and presenting the fact, has only raised issues that are not relevant to the examination of whether he/she qualifies as a refugee by virtue of Council Directive 2004/83/EC; or
Amendment 111
Article 23, paragraph 4, point (d)
(d) the applicant has misled the authorities by presenting false information or documents or by withholding relevant information or documents with respect to his/her identity and/or nationality that could have had a negative impact on the decision ; or
(d) the applicant, with fraudulent intent, has misled the authorities by presenting false documents with respect to his/her identity and/or nationality; or
Amendment 112
Article 23, paragraph 4, point (e)
(e) the applicant has filed another application for asylum stating other personal data; or
(e) the applicant, with fraudulent intent, has filed another application for asylum stating other personal data; or
Amendment 113
Article 23, paragraph 4, point (f)
(f) the applicant has not produced information to establish with a reasonable degree of certainty his/her identity or nationality, or, it is likely that, in bad faith, he/she has destroyed or disposed of an identity or travel document that would have helped establish his/her identity or nationality; or
(f) the applicant, with fraudulent intent, has not produced information to establish with a reasonable degree of certainty his/her identity or nationality, or, it is likely that, in bad faith, he/she has destroyed or disposed of an identity or travel document that would have helped establish his/her identity or nationality; or
Amendment 114
Article 23, paragraph 4, point (g)
(g) the applicant has made inconsistent, contradictory, unlikely or insufficient representations which make his/her claim clearly unconvincing in relation to his/her having being the object of persecution under Council Directive 2004/83/EC; or
deleted
Amendment 115
Article 23, paragraph 4, point (o)
(o) the application was made by an unmarried minor to whom Article 5(4)(c) applies after the application of the parents or parent responsible for the minor has been rejected by a decision and no relevant new elements were raised with respect to his/her particular circumstances or to the situation in his/her country of origin.
(o) the application was made by a child to whom Article 5(4)(c) applies after the application of the parents or parent responsible for the child has been rejected by a decision and no relevant new elements were raised with respect to his/her particular circumstances or to the situation in his/her country of origin.
Amendment 116
Article 23, paragraph 4 a (new)
4a. Member States shall take into consideration complementary/subsidiary protection needs when the procedure has been prioritised or accelerated in accordance with paragraph 4(a) to (o).
Amendment 117
Article 24
Specific procedures
deleted
1.  Member States may moreover provide for the following specific procedures derogating from the basic principles and guarantees of Chapter II:
(a) a preliminary examination for the purpose of processing cases considered within the framework of the provisions set out in Section IV;
(b) procedures for the purpose of processing cases considered within the framework set out in Section V.
2.  Member States may also provide a derogation in respect of Section VI.
Amendment 118
Article 25, paragraph 1 a (new)
1a. All applications for international protection shall first be assessed on the basis of the definition of refugee contained in the Geneva Convention and, only if those criteria are not fulfilled, on the basis of the requirements for subsidiary protection.
Amendment 119
Article 25, paragraph 2, introductory part
2.  Member States may consider an application for asylum as inadmissible pursuant to this Article if:
2.  Without prejudice to paragraph 1a, Member States may consider an application for asylum as inadmissible pursuant to this Article if:
Amendment 120
Article 25, paragraph 2, point (c)
(c) a country which is not a Member State is considered as a safe third country for the applicant, pursuant to Article 27;
deleted
Amendment 121
Article 25, paragraph 2, point (f)
(f) the applicant has lodged an identical application after a final decision;
deleted
Amendment 122
Article 25, paragraph 2, point (f a) (new)
(fa) the applicant, when about to be expelled from the territory in which he or she is residing illegally, appeals to be granted asylum.
Amendment 123
Article 27, paragraph 1, introductory part
1.  Member States may apply the safe third country concept only where the competent authorities are satisfied that a person seeking asylum will be treated in accordance with the following principles in the third country concerned:
1.  Member States may apply the safe third country concept only where the third country fulfils the following criteria :
Amendment 124
Article 27, paragraph 1, point (a)
(a) life and liberty are not threatened on account of race, religion, nationality, membership of a particular social group or political opinion ; and
(a) ratification and implementation in practice of the Geneva Convention and other international human rights treaties, in particular with reference to the principle of non-refoulement ; and
Amendment 125
Article 27, paragraph 1, point (b)
(b) the principle of non-refoulement in accordance with the Geneva Convention is respected; and
(b) the principle of non-refoulement in accordance with the Geneva Convention is in particular respected; and
Amendment 126
Article 27, paragraph 2, point (a)
(a) rules requiring a connection between the person seeking asylum and the third country concerned based on which it would be reasonable for that person to go to that country;
(a) rules requiring a meaningful link between the person seeking asylum and the third country concerned based on which it would be reasonable for that person to go to that country;
Amendment 127
Article 27, paragraph 2, point (c)
(c) rules, in accordance with international law, allowing an individual examination of whether the third country concerned is safe for a particular applicant which, as a minimum, shall permit the applicant to challenge the application of the safe third country concept on the grounds that he/she would be subjected to torture, cruel, inhuman or degrading treatment or punishment.
(c) rules, in accordance with international law and, specifically, the Geneva Convention , allowing an individual examination of whether the third country concerned is safe for a particular applicant.
Amendment 128
Article 27, paragraph 2, point (c a) (new)
(ca) rules allowing applicants for asylum to rebut the presumption of safety, including in the first instance, even if the asylum application is subject to a prioritised or accelerated procedure.
Amendment 129
Article 27, paragraph 4
4.  Where the third country does not permit the applicant for asylum in question to enter its territory, Member States shall ensure that access to a procedure is given in accordance with the basic principles and guarantees described in Chapter II.
4.  Where the third country does not permit the applicant for asylum in question to enter its territory, Member States shall ensure that access to an asylum procedure is given in accordance with the basic principles and guarantees described in Chapter II.
Amendment 130
Article 29, paragraph - 1 (new)
-1.  Member States may reject an application for asylum as manifestly unfounded if the competent authority has established that the applicant, in submitting his application and presenting the facts, has only raised issues that are obviously not relevant to the Geneva Convention.
Amendment 131
Article 29, paragraph 2
2.  In the cases mentioned in Article 23(4)(b) and in cases of unfounded applications for asylum in which any of the circumstances listed in Article 23(4)(a) and (c) to (o) apply, Member States may also consider an application, if it is so defined in the national legislation, as manifestly unfounded.
deleted
Amendment 132
Article 30, title
Minimum common list of third countries as safe countries of origin
Common list of third countries as safe countries of origin
Amendment 133
Article 30, paragraph 1
1.  The Council shall, acting by a qualified majority on a proposal from the Commission and after consultation of the European Parliament, adopt a minimum common list of third countries that shall be regarded by Member States as safe countries of origin in accordance with Annex II.
1.  The Council shall, acting in accordance with the procedure referred to in Article 251 of the Treaty, adopt a common list of third countries that may be regarded by Member States as safe countries of origin in accordance with Annex B .
Amendment 134
Article 30, paragraph 2
2.  The Council may, acting by a qualified majority on a proposal from the Commission and after consultation of the European Parliament, amend the minimum common list by adding or removing third countries, in accordance with Annex II. The Commission shall examine any request made by the Council or by a Member State that it submits a proposal to amend minimum common list.
2.  The Council may, acting in accordance with the procedure referred to in Article 251 of the Treaty , amend the common list by adding or removing third countries, in accordance with Annex B . The Commission shall examine any request made by the European Parliament, the Council or a Member State that it submit a proposal to amend the common list.
Amendment 135
Article 30, paragraph 3
3.  When making its proposal under paragraphs 1 or 2, the Commission shall make use of information from the Member States, its own information and, where necessary, information from UNHCR, the Council of Europe and other relevant international organisations.
3.  When making its proposal under paragraphs 1 or 2, the Commission shall make use of information from the European Parliament and the Member States, its own information and information from UNHCR, the Council of Europe and other relevant international organisations.
Amendment 136
Article 30, paragraph 4
4.  Where the Council requests the Commission to submit a proposal for removing a third country from the minimum common list, the obligation of Member States pursuant to Article 30B(2) shall be suspended with regard to this third country as of the day following the Council decision requesting such a submission.
4.  Where the European Parliament or the Council requests the Commission to submit a proposal for removing a third country from the common list, the right of Member States pursuant to Article 30B(2) shall be suspended with regard to this third country as of the day following the European Parliament or Council decision requesting such a submission.
Amendment 137
Article 30, paragraph 5
5.  Where a Member State requests the Commission to submit a proposal to the Council for removing a third country from the minimum common list, that Member State shall notify the Council in writing of the request made to the Commission. The obligation of this Member State pursuant to Article 30B(2) shall be suspended with regard to the third country as of the day following the notification of the request to the Council.
5.  Where the European Parliament or a Member State requests the Commission to submit a proposal to the Council for removing a third country from the common list, the European Parliament or that Member State shall notify the Council in writing of the request made to the Commission. The right of this Member State pursuant to Article 30B(2) shall be suspended with regard to the third country as of the day following the notification of the request to the Council.
Amendment 138
Article 30, paragraph 7
7.  The suspensions under paragraphs 4 and 5 shall end after three months, unless the Commission makes a proposal, before the end of this period, to withdraw the third country from the minimum common list. The suspensions shall end in any case where the Council rejects, a proposal by the Commission to withdraw the third country from the list.
7.  The suspensions under paragraphs 4 and 5 shall end after three months, unless the Commission makes a proposal, before the end of this period, to withdraw the third country from the common list. The suspensions shall end in any case where the European Parliament or the Council rejects a proposal by the Commission to withdraw the third country from the list.
Amendment 139
Article 30, paragraph 8
8.  Upon request by the Council, the Commission shall report to the Council and the European Parliament on whether the situation of a country on the minimum common list is still in conformity with Annex II . When presenting its report to the Council and the European Parliament, the Commission may make such recommendations or proposals as it deems appropriate.
8.  Upon request by the European Parliament or the Council, the Commission shall report to the Council and the European Parliament on whether the situation of a country on the common list is still in conformity with Annex B . When presenting its report to the Council and the European Parliament, the Commission may make such recommendations or proposals as it deems appropriate.
Amendments 140 and 189
Article 30 a
Article 30a
National designation of third countries as safe countries of origin
deleted
1.  Without prejudice to Article 30, Member States may retain or introduce legislation that allows, in accordance with Annex II, for the national designation of third countries other than those appearing on the minimum common list, as safe countries of origin for the purpose of examining applications for asylum. This may include designation of part of a country as safe where the conditions in Annex II are fulfilled in relation to that part.
2.  By derogation to paragraph 1, Member States may retain legislation in force at the time of adoption of this Directive that allows for the national designation of third countries, other than those appearing on the minimum common list, as safe countries of origin for the purposes of examining applications for asylum where they are satisfied that persons in the third countries concerned are generally neither subject to:
(a) persecution as defined in Article 9 of Council Directive 2004/83/EC; nor
(b) torture or inhuman or degrading treatment or punishment.
3.  Member States may also retain legislation in force at the time of the adoption of this Directive that allows for the national designation of part of a country as safe or a country or part of a country as safe for a specified group of persons in that country where the conditions in paragraph 2 are fulfilled in relation to that part or group.
4.  In assessing whether a country is a safe country of origin in accordance with paragraphs 2 and 3, Member States shall have regard to the legal situation, the application of the law and the general political circumstances in the third country concerned.
5.  The assessment of whether a country is a safe country of origin in accordance with this Article shall be based on a range of sources of information, including in particular information from other Member States, the UNHCR, the Council of Europe and other relevant international organisations.
6.  Member States shall notify to the Commission the countries that are designated as safe countries of origin in accordance with the provisions of this Article.
Amendment 141
Article 30 b, paragraph 1, introductory part
1.  A third country designated as a safe country of origin either in accordance with the provisions of Article 30 or 30A can, after an individual examination of the application, be considered as a safe country of origin for a particular applicant for asylum only if:
1.  A third country designated as a safe country of origin in accordance with the provisions of Article 30 can, after an individual examination of the application, be considered as a safe country of origin for a particular applicant for asylum only if:
Amendment 143
Article 30 b, paragraph 2
2.  Member States shall, in accordance with paragraph 1, consider the application for asylum as unfounded where the third country is designated as safe pursuant to Article 30 .
2.  Member States may , in accordance with paragraph 1, consider the application for asylum as unfounded where the third country is designated as safe for the particular applicant .
Amendment 144
Article 30 b, paragraph 3
3.  Member States shall lay down in national legislation further rules and modalities for the application of the safe country of origin concept.
3.  Member States shall lay down in national legislation further rules and modalities for the application of the safe country of origin concept, in accordance with international law, and shall duly notify the Commission of any further rules and modalities .
Amendment 145
Article 33, paragraph 1
1.  Where a person who has applied for asylum in a Member State makes further representations or a subsequent application in the same Member State, that Member State may examine these further representations or the elements of the subsequent application in the framework of the examination of the previous application or in the framework of the examination of the decision under review or appeal insofar as the competent authorities can take into account and consider all the elements underlying the further representations or subsequent application within this framework.
1.  Where a person who has applied for asylum in a Member State makes further representations or a subsequent application in the same Member State, that Member State shall examine these further representations or the elements of the subsequent application in the framework of the examination of the previous application or in the framework or the examination of the decision under review or appeal insofar as the competent authorities can take into account and consider all the elements underlying the further representations or subsequent application within this framework.
Amendment 146
Article 33, paragraph 2, introductory part
2.  Moreover, Member States may apply a specific procedure as referred to in paragraph 3, where a person makes a subsequent application for asylum:
2.  Moreover, Member States may apply a specific procedure as referred to in paragraph 3, where a person makes a subsequent application for asylum, provided that the initial application is not currently open to appeal :
Amendment 147
Article 34, paragraph 1
1.  Member States shall ensure that applicants for asylum whose application is subject to a preliminary examination pursuant to Article 33 enjoy the guarantees listed in Article 9(1).
1.  Member States shall ensure that applicants for asylum whose application is subject to a preliminary examination pursuant to Article 33 enjoy the guarantees listed in Article 9(1) and that that examination is, in principle, subject to the minimum procedural standards laid down in this Directive .
Amendment 149
Article 35, paragraph 1
1.  Member States may provide for procedures, in accordance with the basic principles and guarantees of Chapter II, in order to decide, at the border or transit zones of the Member State, on the applications made at such locations.
1.  Member States may provide for procedures, in compliance with international conventions and in accordance with the basic principles and guarantees of Chapter II, in order to decide, at the border or transit zones of the Member State, on the applications made at such locations.
Amendment 150
Article 35, paragraph 1 a (new)
1a. Member States shall ensure that a decision to refuse entry to the territory of a Member State for a reason arising from the application for asylum is taken within two weeks, subject to an extension of the time limit for no more than two weeks agreed upon by a competent judicial body in a procedure prescribed by law.
Amendment 151
Article 35, paragraph 1 b (new)
1b. Non-compliance with the time limits provided for in paragraph 1a shall result in the applicant for asylum being granted entry to the territory of the Member State in order for his application to be processed in accordance with the relevant provisions of this Directive. Member States shall ensure that applicants for asylum who are refused entry in accordance with this procedure enjoy the guarantees laid down in Chapter V.
Amendment 152
Article 35, paragraph 1 c (new)
1c. A refusal of entry into the territory may not override the decision on the application for asylum after an examination based on the facts of the case by authorities competent in the field of asylum and refugee law.
Amendment 153
Article 35, paragraph 2
2.  However, when procedures as set out in paragraph 1 do not exist, Member States may maintain, subject to the provisions of this Article and in accordance with the laws or regulations in force at the time of the adoption of this Directive, procedures derogating from the basic principles and guarantees described in Chapter II, in order to decide, at the border or in transit zones, on the permission to enter their territory of applicants for asylum who have arrived and made an application for asylum at such locations.
deleted
Amendment 154
Article 35, paragraph 3
3.  The procedures referred to in paragraph 2 shall ensure in particular that the persons concerned:
deleted
- shall be allowed to remain at the border or transit zones of the Member State, without prejudice to Article 6; and
- must be immediately informed of their rights and obligations, as described in Article 9 (1) (a); and
- have access, if necessary, to the services of an interpreter, as described in Article 9 (1) (b); and
- are interviewed, before the competent authority takes a decision in such procedures, in relation to their application for asylum by persons with appropriate knowledge of the relevant standards applicable in the field of asylum and refugee law, as described in Articles 10 to 12; and
- can consult a legal adviser or counsellor admitted or permitted as such under national law, as described in Article 13 (1); and
- have a representative appointed in the case of unaccompanied minors, as described in Article 15 (1), unless Article 15(2) or (3) applies.
Moreover, in case permission to enter is refused by a competent authority, this competent authority shall state the reasons in fact and in law why his/her application for asylum is considered as unfounded or as inadmissible.
Amendment 155
Article 35, paragraph 4
4.  Member States shall ensure that a decision in the framework of the procedures provided for in paragraph 2 is taken within a reasonable time. When a decision has not been taken within four weeks, the applicant for asylum shall be granted entry to the territory of the Member State in order for his/her application to be processed in accordance with the other provisions of this Directive.
deleted
Amendment 156
Article 35, paragraph 5
5.  In the event of particular types of arrivals or arrivals involving a large number of third country nationals or stateless persons lodging applications for asylum at the border or in a transit zone, which makes it practically impossible to apply there the provisions of paragraph 1 or the specific procedure set out in paragraphs 2 and 3, those procedures may also be applied where and for as long as these third country nationals or stateless persons are accommodated normally at locations in proximity to the border or transit zone.
deleted
Amendment 157
Article 35 a
Article 35 a
1.  Member States may provide that no, or no full, examination of the asylum application and of the safety of the applicant in his/her particular circumstances as described in Chapter II takes place in cases where a competent authority has established, on the basis of the facts, that the applicant for asylum is seeking to enter or has entered illegally into its territory from a safe third country according to paragraph 2.
deleted
2.  A third country can only be considered as a safe third country for the purpose of paragraph 1 where:
(a) it has ratified and observes the provisions of the Geneva Convention without any geographical limitations; and
(b) it has in place an asylum procedure prescribed by law; and
(c) it has ratified the European Convention for the Protection of Human Rights and Fundamental Freedoms and it observes its provisions, including the standards relating to effective remedies; and
(d) it has been so designated by the Council in accordance with paragraph 3.
3.  The Council shall, acting by qualified majority on the proposal of the Commission and after consultation of the European Parliament, adopt or amend a common list of third countries that shall be regarded as safe third countries for the purposes of paragraph 1.
4.  Member States concerned shall lay down in national law the modalities for implementing the provisions of paragraph 1 and the consequences of decisions pursuant to those provisions in accordance with the principle of non-refoulement under the Geneva Convention including providing for exceptions from the application of this Article for humanitarian or political reasons or for reasons of public international law.
5.  When implementing a decision solely based on this Article, Member States concerned shall:
(a) inform the applicant accordingly; and
(b) provide him/her with a document informing the authorities of the third country, in the language of that country, that the application has not been examined in substance.
6.  Where the safe third country does not readmit the applicant for asylum in question, Member States shall ensure that access to a procedure is given in accordance with the basic principles and guarantees described in Chapter II.
7.  Member States which have designated third countries as safe countries in accordance with national legislation in force at the date of the adoption of this Directive and on the basis of the criteria in paragraph 2(a) to (c), may apply paragraph 1 to these third countries until such time as the Council has adopted the common list pursuant to paragraph 3.
Amendment 158
Article 36
Member States shall ensure that an examination may be started to withdraw the refugee status of a particular person when new elements or findings arise indicating that there are reasons to reconsider the validity of his/her refugee status.
Member States may begin to withdraw the refugee status of a particular person if:
Amendment 159
Article 36, point (a) (new)
(a) the applicant has voluntarily re-availed himself/herself of the protection of the country of his/her nationality; or
Amendment 160
Article 36, point (b) (new)
(b) having lost his or her nationality, the applicant has voluntarily reacquired it; or
Amendment 161
Article 36, point (c) (new)
(c) the applicant has acquired a new nationality, and enjoys the protection of the country of the new nationality; or
Amendment 162
Article 36, point (d) (new)
(d) the applicant has voluntarily re-established residence in the country which he left or outside which he remained owing to fear of persecution.
Amendment 163
Article 37, paragraph 4
4.  By derogation to paragraphs 1, 2 and 3, Member States may decide that the refugee status lapses by law in case of cessation in accordance with Article 11(1), sub-paragraphs (a), (b), (c) and (d) of Council Directive 2004/83/EC or if the refugee has unequivocally renounced his/her recognition as a refugee.
deleted
Amendment 164
Article 38, paragraph 1, point (a), point (iii)
(iii) not to conduct an examination pursuant to Article 35A;
deleted
Amendment 165
Article 38, paragraph 1, point (d)
(d) a decision refusing entry within the framework of the procedures provided for under Article 35(2);
(d) a decision refusing entry within the framework of the procedures provided for under Article 35 ;
Amendment 166
Article 38, paragraph 3, introductory part
3.  Member States shall, where appropriate, provide for rules in accordance with their international obligations dealing with:
3.  Member States shall ensure that the remedy pursuant to paragraph 1 shall have the effect of allowing applicants to remain in the Member State pending its outcome.
Amendment 167
Article 38, paragraph 3, point (a)
(a) the question of whether the remedy pursuant to paragraph 1 shall have the effect of allowing applicants to remain in the Member State concerned pending its outcome; and
deleted
Amendment 168
Article 38, paragraph 3, point (b)
(b) the possibility of legal remedy or protective measures where the remedy pursuant to paragraph 1 does not have the effect of allowing applicants to remain in the Member State concerned pending its outcome. Member States may also provide for an ex officio remedy; and
deleted
Amendment 169
Article 38, paragraph 3, point (c)
(c) the grounds of challenge to a decision under Article 25(2)(c) in accordance with the methodology applied under Article 27(2)(b) and (c).
deleted
Amendment 170
Article 38, paragraph 5
5.  Where an applicant has been granted a status, which offers the same rights and benefits under national and Community law as the refugee status by virtue of Council Directive 2004/83/EC, the applicant may be considered to have an effective remedy where a court or tribunal decides that the remedy pursuant to paragraph 1 is inadmissible or unlikely to succeed on the basis of insufficient interest on the part of the applicant in maintaining the proceedings.
deleted
Amendment 171
Article 38, paragraph 6
6.  Member States may also lay down in national legislation the conditions under which it can be assumed that an applicant has implicitly withdrawn or abandoned his/her remedy pursuant to paragraph 1, together with the rules on the procedure to be followed.
deleted
Amendment 172
Article 43, paragraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [24 months after the date of its adoption]. Concerning Article 13, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [36 months after the date of its adoption]. They shall forthwith inform the Commission thereof.
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [24 months after the date of its adoption]. They shall forthwith inform the Commission thereof.
Amendment 173
Annex B, paragraph 1
A country is considered as a safe country of origin where, on the basis of the legal situation, the application of the law within a democratic system and the general political circumstances, it can be shown that there is generally and consistently no persecution as defined in Article 9 of Council Directive 2004/83/EC; no torture or inhuman or degrading treatment or punishment; and no threat by reason of indiscriminate violence in situations of international or internal armed conflict.
A country is considered as a safe country of origin where, on the basis of the legal situation, the application of the law within a democratic system and the general political circumstances, it can be shown that there is generally and consistently no persecution as defined in Article 9 of Council Directive 2004/83/EC; no torture or inhuman or degrading treatment or punishment; no threat by reason of indiscriminate violence in situations of international or internal armed conflict; and no evidence of discrimination against individuals on account of race, sex, religion, nationality, language, sexual orientation, membership of a particular social group or minority or political opinion .
Amendment 174
Annex B, paragraph 2, point (d a) (new)
(da) available and up-to-date reports by the UNHCR and other organisations working in the field of human rights and the protection of individual rights.

(1) Not yet published in OJ.
(2) OJ C 291 E, 26.11.2002, p. 143.
(3) OJ C 77 E, 28.3.2002, p. 115.

Last updated: 28 February 2006Legal notice