—

having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0214) (1),

—

having regard to Article 251(2) and Articles 47(2), 55 and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0155/2005),

—

having regard to Rule 51 of its Rules of Procedure,

—

having regard to the report of the Committee on the Internal Market and Consumer Protection (A6-0270/2005),

1.

Approves the Commission proposal;

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.

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

—

having regard to the proposal for a Council decision (COM(2005)0158) (1),

—

having regard to Articles 80(2) and 300(2), first subparagraph, first sentence, of the EC Treaty,

—

having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0177/2005),

—

having regard to Rules 51 and 83(7) of its Rules of Procedure,

—

having regard to the report of the Committee on Transport and Tourism (A6-0258/2005),

1.

Approves conclusion of the agreement;

2.

Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and the Republic of Bulgaria.

—

having regard to the proposal for a Council decision (COM(2005)0159) (1),

—

having regard to Articles 80(2) and 300(2), first subparagraph, first sentence, of the EC Treaty,

—

having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0173/2005),

—

having regard to Rules 51 and 83(7) of its Rules of Procedure,

—

having regard to the report of the Committee on Transport and Tourism (A6-0259/2005),

1.

Approves the conclusion of the agreement;

2.

Instructs its President to forward this position to the Council and Commission, and the governments and parliaments of the Member States and the Republic of Croatia.

—

having regard to the Commission proposal to the Council (COM(2005)0106) (1),

—

having regard to Article 12 of Council Regulation (EC) No 297/95 of 10 February 1995 (2), pursuant to which the Council consulted Parliament (C6-0137/2005),

—

having regard to Rule 51 of its Rules of Procedure,

—

having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Budgets (A6-0264/2005),

1.

Approves the Commission 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.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

5.

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

(4a)

In order to respect the principle of proportionality, medicinal products in which the active substances have been in well-established medicinal use within the Community for at least ten years should benefit from a reduced annual fee.

—

having regard to the proposal for a Council regulation (COM(2005)0187) (1),

—

having regard to Articles 37 and 300(2) of the EC Treaty,

—

having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0154/2005),

—

having regard to Rules 51 and 83(7) of its Rules of Procedure,

—

having regard to the report of the Committee on Fisheries and the opinions of the Committee on Budgets and the Committee on Development (A6-0260/2005),

1.

Approves the proposal for a Council regulation as amended and approves conclusion of the protocol;

2.

Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and the Union of the Comoros.

—

Having regard to the Council Conclusions of 19 July 2004 on Fisheries Partnership Agreements,

(2a)

It is important to improve the information provided to the European Parliament. To this end, the Commission should draw up an annual report on the implementation of the agreement.

—

having regard to the request for waiver of the immunity of Marios Matsakis, forwarded by the Attorney-General of the Republic of Cyprus on 20 September 2004 and announced in plenary sitting on 13 October 2004,

—

having regard to the letter, announced at the plenary sitting of 14 October 2004, in which Marios Matsakis challenged the Attorney-General's authority to make such a request for waiver of his immunity,

—

having regard to the two letters confirming the Attorney-General's authority to make a request for waiver of the immunity of a Cypriot MEP, sent by the Permanent Representative of the Republic of Cyprus on 13 October 2004 and on 10 February 2005 to the President of the European Parliament,

—

having regard to the letter sent by the President of the Supreme Court of Cyprus on 16 June 2005,

—

having heard Marios Matsakis in accordance with Rule 7(3) of its Rules of Procedure,

—

having regard to Article 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

—

having regard to the judgments of 12 May 1964 and 10 July 1986 (1) of the Court of Justice of the European Communities,

—

having regard to Articles 83 and 113 of the Constitution of the Republic of Cyprus,

—

having regard to Rules 6(2) and 7, in particular paragraph 4 thereof, of its Rules of Procedure,

—

having regard to the report of the Committee on Legal Affairs (A6-0268/2005),

1.

Takes note that, according to Articles 83 and 113 of the Constitution of the Republic of Cyprus, the Attorney-General of the Republic of Cyprus is the competent authority to present a request for the waiver of a Member's immunity;

2.

Decides to waive the immunity of Marios Matsakis subject to the condition that such waiver shall apply solely to the prosecution proceedings in hand and that, until such time as a final sentence is passed in those proceedings, Marios Matsakis shall be immune from any form of detention or remand or any other measure which might prevent him from performing the duties attaching to his mandate as a Member of the European Parliament;

3.

Instructs its President to forward this decision and the report of its committee responsible to the Attorney-General of the Republic of Cyprus.

—

having regard to the initiative by the French Republic, Ireland, the Kingdom of Sweden and the United Kingdom (8958/2004) (1),

—

having regard to Article 34(2)(b) of the EU Treaty,

—

having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0198/2004),

—

having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

—

having regard to Rules 93, 51 and 35 of its Rules of Procedure,

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0174/2005),

1.

Rejects the initiative by the French Republic, Ireland, the Kingdom of Sweden and the United Kingdom;

2.

Calls on the French Republic, Ireland, the Kingdom of Sweden and the United Kingdom to withdraw their initiative;

3.

Instructs its President to forward its position to the Council and Commission, and the governments of the French Republic, Ireland, the Kingdom of Sweden and the United Kingdom.

—

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.

(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.

(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 .

(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.

(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.

(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 .

(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.

(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.

(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.)

(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) .

(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.

(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.

(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 .

(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.

(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.

(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.

(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  (4). 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.

(The replacement of ‘sufficient protection’ by ‘effective protection’ applies throughout the text.)

(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.

(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.

(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.

(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.

(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.

(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.

(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 (5) 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.

(29b)

Member States should provide for penalties in the event of infringement of the national provisions adopted pursuant to this Directive.

(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;

(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 ;

(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.

(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;

(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 ;

(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.

(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.

(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 ;

(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;

(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.

(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;

(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;

(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;

(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;

(aa)

the competent authority is not able to conduct the interview, because the applicant has, without good reasons, not complied with invitations to appear;

(ab)

the person has a mental or emotional disturbance which impedes a normal examination of his/her case;

(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

(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.

(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

(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.

(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

(b)

only to those who lack sufficient resources; and/or

(c)

only to legal advisers or other counsellors specifically designated by national law to assist and/or represent applicants for asylum; and/or

(d)

only if the appeal or review is likely to succeed.

(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.

(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.

(a)

will in all likelihood reach the age of maturity before a decision at first instance is taken; or

(c)

is married or has been married.

(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.

(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.

(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.

(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 .

(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

(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

(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

(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

(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

(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.

(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.

(c)

a country which is not a Member State is considered as a safe third country for the applicant, pursuant to Article 27;

(f)

the applicant has lodged an identical application after a final decision;

(fa)

the applicant, when about to be expelled from the territory in which he or she is residing illegally, appeals to be granted asylum.

(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

(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

(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;

(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.

(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.

–1.

(a)

persecution as defined in Article 9 of Council Directive 2004/83/EC; nor

(b)

torture or inhuman or degrading treatment or punishment.

-

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

-

ave a representative appointed in the case of unaccompanied minors, as described in Article 15 (1), unless Article 15(2) or (3) applies.

(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.

(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.

(a)

the applicant has voluntarily re-availed himself/herself of the protection of the country of his/her nationality; or

(b)

having lost his or her nationality, the applicant has voluntarily reacquired it; or

(c)

the applicant has acquired a new nationality, and enjoys the protection of the country of the new nationality; or

(d)

the applicant has voluntarily re-established residence in the country which he left or outside which he remained owing to fear of persecution.

(iii)

not to conduct an examination pursuant to Article 35A;

(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 ;

(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

(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

(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).

(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.