Art. 63 of the Treaty of Nice (2003)



European Union Treaty

Nice consolidated version


Entry into force: 1/03/2003



Art 63

The Council, acting in accordance with the procedure referred to in Article 67,shall,within a period of

five years after the entry into force of the Treaty of Amsterdam, adopt:


1.measures on asylum, in accordance with the Geneva Convention of 28 July 1951 and the Protocol

of 31 January 1967 relating to the status of refugees and other relevant treaties,within the

following areas:

(a)criteria and mechanisms for determining which Member State is responsible for considering an

application for asylum submitted by a national of a third country in one of the Member States,

(b)minimum standards on the reception of asylum seekers in Member States,

(c)minimum standards with respect to the qualification of nationals of third countries as refugees,

(d)minimum standards on procedures in Member States for granting or withdrawing refugee



2.measures on refugees and displaced persons within the following areas:

(a)minimum standards for giving temporary protection to displaced persons from third countries

who cannot return to their country of origin and for persons who otherwise need international


(b)promoting a balance of effort between Member States in receiving and bearing the conse-

quences of receiving refugees and displaced persons;


3.measures on immigration policy within the following areas:

(a)conditions of entry and residence, and standards on procedures for the issue by Member States

of long-term visas and residence permits, including those for the purpose of family reunion,

(b)illegal immigration and illegal residence, including repatriation of illegal residents;


4.measures defining the rights and conditions under which nationals of third countries who are legally

resident in a Member State may reside in other Member States.

Measures adopted by the Council pursuant to points 3 and 4 shall not prevent any Member State from

maintaining or introducing in the areas concerned national provisions which are compatible with this

Treaty and with international agreements.

Measures to be adopted pursuant to points 2(b),3(a)and 4 shall not be subject to the five-year period referred to above.