Common European Asylum System in a Changing World

The current Reception Conditions Directive was adopted in 2013. It replaced Council Directive 2003/9/CE on minimum standards for the reception of asylum seekers. To whom Reception Conditions Directive applies: This Directive applies to all third-country nationals and stateless persons who make an application for international protection in the territory , including at the border , in the territorial waters or in the transit zones of a Member State, as long as they are allowed to remain in the territory as applicants, as well as to family members, if they are covered by such application for international protection. Note: make an application – see Asylum Procedure Directive – express of the wish to ask for international protection. It means that Reception Conditions Directive’s standards are applicable from the very first moment after a person asks for international protection. Member States may introduce or retain more favourable provisions in the field of reception conditions for applicants - it means that this Directive still only regulates the necessary common minimum that has to be provided to the applicants. In practice there are still very wide discrepancies among the levels of reception conditions in Member States. Reception Conditions Directive covers these areas: • The right to information on benefits and obligations after the application was lodged (Article 5). Note: lodge an application – step 3 in the procedure, see Asylum Procedure Directive sheet Member States have the obligation to inform applicants, no later than 15 days after they have lodged their application for international protection, of the benefits and of the obligations with which they must comply relating to reception conditions, and of organisations that provide specific legal assistance on available reception conditions, including health care. This information shall be provided in writing and, in a language that the applicant understands , and may also be supplied orally. • The provision of documents certifying legal stay (Article 6) Member States shall ensure that, within three days of the lodging of an application for international protection, the applicant is provided with a document issued in their own name certifying their status as an applicant or testifying that they are allowed to stay in the territory of the Member State while their application is pending or being examined. • Provisions on detention including an exhaustive list of grounds, detention conditions and review (Articles 8, 9, 10, and 11) Applicants are generally free to move within the territory of the Member State (!not to other Member States). Nevertheless the Directive allows Member States to decide on the detention of applicants. The Directive imposes conditions upon which the detention is possible.

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