MEMORANDUM TO THE COMMISSION

In 2008 the Commission adopted a proposal amending Council Directive 2003/9/EC laying down minimum standards for the reception of asylum seekers ("the Reception Conditions Directive").

Negotiations on the proposal have been difficult in the Council and Member States could not reach a common position on the text. The European Parliament's position adopted in May 2009 welcomes the Commission proposal and approves the majority of the envisaged amendments.

In the Justice and Home Affairs Council on November 2010, Commissioner Malmström announced the Commission's intention to table in 2011 modified proposals on the Reception Conditions and the Asylum Procedures Directives.

A modified proposal on the Reception Conditions Directive, as enclosed, aims to aims to boost up negotiations with the co-legislators so that the Union respects its commitment set out in the Stockholm Programme to adopt the Common European Asylum System instruments by 2012.

The modified proposal brings together the knowledge and experience built up during the negotiations with Member States and the European Parliament and in consultations with other stakeholders such as UNHCR and relevant NGOs, into a simplified and more coherent reception system in line with fundamental rights. The envisaged modifications also aim to address concerns on the financial and administrative implications of the proposal.

In particular, the proposal addresses the following elements:

- Making implementation easier for Member States by increasing clarification in the text, simplifying rules and introducing more flexible reception standards. These modifications also aim to address Member States concerns on the financial and administrative implications of the proposal.

- Establishing clear and strict rules on detention, so that restrictions to the freedom of movement are only applied when necessary and proportionate and only in connection with strict procedural guarantees

- Ensuring dignified standards of living, in particular in relation to particularly vulnerable applicants such as children, victims of trafficking and victims of torture

- Enhancing self-sufficiency of asylum seekers by ensuring an appropriate access to the labour market.

Once the modified proposals on the Reception Conditions and Asylum Procedures Directives have been adopted, the necessary elements for an agreement on the legislative package in the area of asylum will be on the table for final negotiations. This will be complemented in the autumn by a Communication on intra-EU solidarity.

IT IS PROPOSED TO THE COMMISSION:

– to adopt the attached proposal for a Directive of the European Parliament and of the Council laying down standards for the reception of asylum seekers;

– to authorise its transmission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of Regions and the national Parliaments.