Newsroom — European Commission

27-01-03 Minimum standards for reception of asylum seekers in the EU directive adopted

The Council of Ministers of the European Union has adopted a directive on minimum standards for the reception of asylum seekers in the Member States of the European Union. Asylum seekers who are allowed to stay in the country to wait for the outcome of the procedure are entitled to a reception (which includes housing, food, clothing and an allowance of the daily expenses). They will be entitled to proper health care, information, documentation and schooling. But harmonisation on the issue of access to the labour market is quite minimal. There will be no harmonisation on the issue of the family members of the asylum seekers. The member States can impose limits on the freedom of movement of asylum seekers within the European Union. They may also refuse reception conditions in cases where an asylum seeker has failed to demonstrate that the asylum claim has been made as soon as reasonably practicable after arrival in the Member States. The Member States of the European Union have until January 2005 to transpose this directive into their national legislation.

The directive adopted by the Council on 27 January is the first building block of the Common European Asylum System called for by the Treaty of Amsterdam on the European Union which came into force on 1 May 1999. The aim of this directive is:

• to set out the minimum standards of reception conditions for asylum seekers which should be normally sufficient to ensure them a dignified standard of living and comparable living conditions in all Member States;
• to limit secondary movements of asylum seekers influenced solely by the diversity of the applicable rules on reception conditions, avoiding, therefore, asylum shopping.

No harmonisation concerning family members

There will be no harmonisation on the issue of the family members of the asylum seekers. The notion of family members has been reduced to the spouse (or the unmarried partner where applicable) and the minor children. In any case the Directive will cover these family members only if they are covered by the request for asylum of the applicant "according to the national law".

Limited freedom of movement

The Member States may limit the asylum seekers' freedom of movement to an area within the national territory assigned to them. In addition, the Council has introduced a list of grounds that allow Member States to impose a specific place of residence to asylum seekers. Finally the Council has made reference to the national legislation to identify the situations that allow Member States to detain asylum seekers.

Employment and vocational training

There will be no harmonisation on the issue of the access of asylum seekers to vocational training. Member States are only permitted (and not requested) to allow access to vocational training.

Quality and availability of reception conditions

The Council has lowered the quality of the reception to be granted to asylum seekers to ensuring "a standard of living adequate for the health and to enable the subsistence of the applicants". The Commission had suggested to ensure "a standard of living adequate for the health and the well being of applicants…as well as the protection of their fundamental rights". In addition, Member States may refuse reception conditions in cases where an asylum seeker has failed to demonstrate that the asylum claim has been made as soon as reasonably practicable after arrival in the Member States.

All asylum seekers covered

The Council has accepted the fundamental principle that all asylum seekers, unless they explicitly ask for a protection different from the Geneva Convention refugee status, will be covered by this Directive.

Destitute asylum seekers

The principle that destitute asylum seekers who are allowed to stay in the country to wait for the outcome of the procedure are entitled to a reception (which includes housing, food, clothing and an allowance of the daily expenses) has been accepted by all Member States. When reception conditions are granted, they may be withdrawn only in exceptional cases: when the asylum seekers abandon the place of residence determined by the authority or do not comply with reporting duties or file a second application in the same Member State.

Special care

Minors, unaccompanied minors, pregnant women, single parents with minor children, disabled people, elderly people, victims of torture and violence and in general vulnerable people will be entitled to a special care in relation to their special needs.

Resources

Member states have committed themselves to allocate the necessary resources in connection with the national provisions enacted to implement this Directive (this provision will be very important especially in case national authorities will charge local authorities of the actual implementation of this Directive).

Denmark not bound by directive

The new Directive is based on Article 63(1) (b) of the Treaty establishing the European Community. This Directive is binding for thirteen Member States (according to a protocol attached to the Treaty Denmark is not bound by the measures taken under title IV of the Treaty. According to another protocol attached to the Treaty UK exercised its right to "opt in" and is bound by the Directive while Ireland was not able to do so).