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1. A third country that has ratified and respects the Geneva Convention within the limits of the derogations or limitations made by that third country, as permitted under that Convention, shall be considered to ensure effective protection. In the case of geographical limitations made by the third country, the existence of protection for persons who fall outside of the scope of the Geneva Convention shall be assessed in accordance with the criteria set out in paragraph 2.

2. In cases other than that referred to in paragraph 1, the third country shall be considered to ensure effective protection only where the following criteria are met as a minimum:

(a) the persons referred to in paragraph 1 are allowed to remain on the territory of the third country in question, (b) the persons referred to in paragraph 1 have access to means of subsistence sufficient to maintain an adequate standard of living with regard to the overall situation of that hosting third country, (c) the persons referred to in paragraph 1 have access to healthcare and essential treatment for illnesses under the conditions generally provided for in that third country;

(d) the persons referred to in paragraph 1 have access to education under the conditions generally provided for in that third country; and (e) effective protection remains available until a durable solution can be found.