COUNCIL OF THE EUROPEAN UNION Brussels, 12 July 2000 (28.07) (OR. fr) 10242/00 LIMITE ASILE 30 OUTCOME OF PROCEEDINGS frm : Asylum Wrking Party n : 7 July 2000 N. prev. dc.: 9703/00 ASILE 28 Subject: Cnditins fr the receptin f asylum seekers I At its meeting n 7 July 2000, the Asylum Wrking Party held its first exchange f views n the French delegatin's discussin paper n cnditins fr the receptin f asylum seekers (9703/00). The delegatins' cmments are set ut in sectin II. 10242/00 fel/bs/mc 1
II A. GENERAL COMMENTS The delegatins said that any views they expressed were merely preliminary, pending clser scrutiny f the French delegatin's paper. Mst delegatins were psitive abut the paper and culd subscribe t its brad lines subject t certain specific cmments (set ut belw). The Netherlands and Swedish delegatins wanted harmnisatin t g further than the French delegatin's prpsal, t prvide mre extensive and unifrm prtectin fr asylum seekers. The Swedish delegatin als wanted prvisin fr greater participatin by NGOs. The Belgian delegatin wuld have liked the varius aspects tuched n in the paper t be treated mre evenly. It felt that sme f thse aspects were nt dealt with in as much detail as thers. The Irish delegatin said that the minimum standards t be established shuld allw Member States the flexibility t take rapid decisins in the event f crises, enabling them t depart frm the nrmal prcedures in situatins such as massive influxes f peple. The pssibility f dergatins fr cases f abusive r unfunded applicatins was als raised. The Chairman said that a mre apprpriate frum fr discussin f this questin wuld be in the cntext f the future instrument n the prcedure fr granting r withdrawing the right t asylum. 10242/00 fel/bs/mc 2
B. SPECIFIC COMMENTS 1. Scpe (a) Scpe in relatin t persns Althugh mst delegatins agreed with the French delegatin's suggestin n this pint, r did nt express a view, the Netherlands and Swedish delegatins wanted the scpe t be wider, cvering all frms f internatinal prtectin in a single prcedure, rather than being restricted t thse laid dwn in the Geneva Cnventin. The German delegatin pinted ut that the scpe was determined by the Treaty and it wuld be difficult t extend it. The Austrian delegatin als felt that mre detail was needed. It spelt ut all the cnsequences flwing frm the definitin f the scpe in relatin t ther aspects, including the financial aspects. (b) Scpe in relatin t time Sme delegatins (D/NL/A) wanted mre details regarding the scpe in time: it must be clearly laid dwn when receptin began and ended, but als pssibilities fr appeal, alternative applicatins, whether r nt decisins were final, etc. The Swedish delegatin als felt that the questin f the rights f persns whse asylum applicatins were rejected and wh culd return t their cuntry shuld be dealt with. 10242/00 fel/bs/mc 3
2. Cnditins fr mvement The German delegatin said that in Germany asylum applicatins were dealt with by the "Länder" administratins and cnsequently freedm f mvement was restricted t the territry f the crrespnding "Land". That territrial restrictin enabled prcedures t be prcessed mre quickly as it made it easier t lcate and cntact asylum seekers. Hwever, the Belgian delegatin felt that freedm f mvement shuld be mre frcefully expressed, aviding the use f the cnditinal. 3. Financial and material assistance Sme delegatins pinted ut that the destinatin f migratry flws was influenced by the widely divergent practices in this area in the different Member States. The Irish and United Kingdm delegatins were cmpletely satisfied with the text n this pint. 4. Wrk Mst delegatins agreed with the French delegatin's paper and said that allwing the right t wrk culd swell the numbers f asylum applicatins n purely ecnmic grunds. The pssibility f the right t wrk shuld therefre be exceptinal and be allwed nly if, after a certain time, the hst Member State had nt been able t take a decisin n the asylum applicatin. The German delegatin said that this matter required further discussin, particularly the perid f ne year suggested in the paper. 10242/00 fel/bs/mc 4
The Prtuguese delegatin said that in Prtugal, asylum seekers wh submitted justified applicatins fr scrutiny by the administratin were, after a brief perid, granted a temprary residence permit which carried the right t wrk. The Netherlands and Swedish delegatins felt that the prpsed text was t restrictive and that a mre generus right t wrk shuld be allwed. 5. Vulnerable individuals The Swedish delegatin said that there must be mre specific measures t assisst expsed grups (wmen and children subjected t abuse and trture). Cncluding, the Chairman said that the Asylum Wrking Party wuld cntinue its examinatin f the discussin paper and reprt t the Strategic Cmmittee n Immigratin, Frntiers and Asylum. A set f draft cnclusins wuld then be drawn up s that the JHA Cuncil in December culd adpt them befre the end f the year. Thse cnclusins wuld serve as a basis fr the Cmmissin when drafting the prpsal it intended t submit t the Cuncil. 10242/00 fel/bs/mc 5