A4-0399/98

Amended proposal for a Joint Action concerning temporary protection of displaced persons (COM(98)0372 - C4-0505/98 - 97/0081(CNS) - Second consultation

The proposal was approved with the following amendments:

(Amendment 1)

First citation a (new)

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Having regard to the Convention relating to the Status of Refugees of 28 July 1951 and the New York Protocol of 31 January 1967,

(Amendment 2)

Recital 3a (new)

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Whereas little progress has been made to date within the framework of the CFSP with regard to the prevention of conflicts leading to large flows of displaced persons,

(Amendment 3)

Recital 6a (new)

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Whereas the EU, in order to contribute to the prevention of cases of sudden mass flight of persons, should exploit all the instruments at its disposal to pursue effective development policies in the third countries most in need, including trade, economic cooperation and assistance in democratisation efforts;

(Amendment 4)

Article 2(4a) (new)

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4a. The temporary protection regime supplements the Geneva Convention and shall be introduced in consultation with the relevant international bodies; it shall be invoked only in emergencies involving a sudden mass flight of persons .

(Amendments 5 and 41)

Article 3

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1. In cases of mass flight of persons in need of international protection, the Council, taking into consideration whether adequate protection can be found in the region of origin, shall decide whether to establish a temporary protection regime in accordance with the procedure set out in Article 12(1).

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1.

In cases of mass flight of persons in need of international protection, the Council shall decide whether to establish a temporary protection regime in accordance with the procedure set out in Article 12(1) of a duration and extent which seems appropriate and after taking into account whether adequate protection can be found in the region of origin.

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2. The decision referred to in paragraph 1 shall determine at least:

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2.

The decision referred to in paragraph 1 shall determine at least:

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(a) the specific groups of persons to which the temporary protection regime applies; and

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(a)

the specific groups of persons to which the temporary protection regime applies; and

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(b) the duration of the regime, which shall not exceed five years on aggregate.

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(b)

the duration of the regime, which should not exceed initially a period of three years but which may be extended, once a further decision has been taken, up to a maximum of five years.

(Amendment 6)

Article 4(1), 2nd subparagraph

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The Commission shall submit the report to the Council, and shall inform the European Parliament accordingly.

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The Commission shall submit the report to the Council and the European Parliament.

(Amendment 7)

Article 4(2)(b)

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(b) decide on the phasing out of the temporary protection regime because the situation in the country of origin allows a safe return of the persons concerned under conditions respecting human dignity.

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(b)

decide on the phasing out of the temporary protection regime and return of the persons concerned if the situation in the country of origin allows a safe return having due regard for Article 33 of the Geneva Convention relating to the Status of Refugees and the European Convention on Human Rights.

(Amendment 8)

Article 4(3)

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3. The principles governing the return shall be coordinated by the Council, priority being given to the furtherance of voluntary repatriation, in close cooperation with the international organisations concerned, and in particular the United Nations High Commissioner for Refugees.

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3. In organising the return of the persons concerned, priority shall be given to the furtherance of voluntary repatriation, in close cooperation with the international organisations concerned, and in particular the United Nations High Commissioner for Refugees. Member States shall ensure that the national provisions regarding repatriation procedures guarantee the respect of human rights and shall apply disciplinary measures in cases of their infringement.

(Amendments 42 and 10)

Article 5

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The report provided for by Article 4(1) shall also refer to all future means for implementing solidarity in the application of the temporary protection scheme.

Such solidarity shall be implemented in accordance with the provisions of the Joint Action on solidarity in the admission and residence of beneficiaries of the temporary protection of displaced persons.

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1. On the basis of the Commission report provided for in Article 4(1) the Council shall decide on appropriate measures in support of Member States which are particularly affected by mass flights of persons requiring international protection.

2. The report shall provide for persons requiring international protection to be allocated to the Member States, in accordance with a formula set out in the decision, before or at the time of their arrival on the territory of the Member States.

3. The formula shall, in particular, take account of economic situation, size and capacity of the Member States to receive persons requiring protection.

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4. The European Refugee Fund is the financial instrument of the Union's budget through which the solidarity between the Member States is given concrete expression.

(Amendment 11)

Article 6, 2nd paragraph

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Such authorisation may be withheld on grounds of public policy or public security.

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Deleted

(Amendment 12)

Article 6a (new)

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Article 6a

The Member States shall provide persons benefiting from the temporary protection regime with a statement in their own language, and in the language of the host country, detailing their rights and obligations.

(Amendment 39)

Article 7 (1)

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1. Member States shall ensure that beneficiaries of a temporary protection regime who hold an authorisation to remain on their territory in accordance with Article 6 have the right to family reunification with respect to their spouses and their minor and dependent children for the duration of the regime, in accordance with the provisions of their national law.

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1.

Member States shall ensure that beneficiaries of a temporary protection regime who hold an authorisation to remain on their territory in accordance with Article 6 have the right to family reunification with respect to their partner - whether or not they are married - and their minor and dependent children for the duration of the regime, in accordance with the provisions of their national law.

(Amendment 13)

Article 10(-1) (new)

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-1. The principle is established that individuals who are given initial cover by a temporary protection regime shall not be deprived of the right of access to a possible refugee determination procedure pursuant to the Geneva Convention.

(Amendment 14)

Article 11, 2nd paragraph

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A Member State may refuse the benefit of a temporary protection regime to any person whom there are reasonable grounds for regarding as a danger to the security of that Member State, or who, having been convicted by a final judgement of a particularly serious crime, constitutes a danger to the society of that Member State.

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A Member State may

, with due regard to its international human rights commitments, refuse the benefit of a temporary protection regime to any person whom there are reasonable grounds for regarding as a danger to the security of that Member State, or who, having been convicted by a final judgement of a particularly serious crime, or being strongly suspected of such an offence, constitutes a danger to the society of that Member State.

(Amendment 15)

Article 11, 3rd paragraph (new)

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No one, however, may be deported to a country in which there is a threat to that person of torture or other inhumane or cruel treatment.

(Amendment 16)

Article 12(1)

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1. On the initiative of any Member State or the Commission, which may ask the United Nations High Commissioner for Refugees for his opinion, the Council shall adopt the measures implementing this Joint Action, as referred to in Articles 3 and 4, acting by a qualified majority.

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1.

On the initiative of any Member State or the Commission, which may ask the United Nations High Commissioner for Refugees for his opinion, the Council shall adopt the measures implementing this Joint Action, as referred to in Articles 3, 4 and 13, acting by a qualified majority.

(Amendment 17)

Article 12(2)

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2. The European Parliament shall be informed forthwith of the implementing measures adopted pursuant to this Joint Action.

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2.

The European Parliament shall be consulted forthwith on the implementing measures referred to in paragraph 1. In urgent cases, the Council may adopt these implementing measures in advance. After the consultation, the Council shall immediately adopt the measures definitively.

(Amendment 18)

Article 13

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If, five years after the introduction of a temporary protection regime the Council has not adopted a decision to phase out the regime in accordance with Article 4, Member States should examine whether long-term measures should be introduced for beneficiaries of temporary protection.

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1. Six months at the latest before the expiry of the period referred to in Article 3(2)(b), the Commission shall report to the Council and the European Parliament on the consequences of the automatic expiry of a temporary protection regime.

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2. On the basis of this report, the Council shall decide, in accordance with the procedure laid down in Article 12(1) and no later than three months before a temporary protection regime is due to expire automatically, what long-term measures should be introduced for beneficiaries of temporary protection.

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3. If the Council fails to adopt a decision as referred to in paragraph 2, the residence authorisation referred to in Article 6 shall automatically be converted into a residence permit corresponding to a residence permit for a refugee recognised pursuant to the Geneva Convention who has already been in the territory of a Member State for five years, and Member States must give the persons concerned the chance to become integrated in the long term.

(Amendment 53)

Article 14

>Original text>

This Joint Action shall be published in the Official Journal of the European Communities as soon as it is adopted by the Council. It shall enter into force on the same date as the Joint Action concerning solidarity in the admission and residence of beneficiaries of the temporary protection of displaced persons.

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This Joint Action shall be published in the Official Journal of the European Communities as soon as it is adopted by the Council. It shall enter into force on the same date as the Joint Action concerning

balance in the admission and residence of beneficiaries of the temporary protection of displaced persons.

Legislative resolution embodying Parliament's opinion on the amended proposal for a Joint Action concerning temporary protection of displaced persons (COM(98)0372 - C4-0505/98 - 98/0081(CNS))(Consultation procedure - second consultation)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(97)0093 - 97/0081(CNS) ((OJ C 106, 4.4.1997, p. 13.)),

- having regard to its opinion of 23 October 1997 on that proposal ((OJ C 339, 10.11.1997, p.146.)),

- having regard to the amended Commission proposal to the Council, COM(98)0372 ((OJ C 268, 27.8.1998, p.13.)),

- having regard to Article K.3(2)(b) of the Treaty on European Union,

- having been consulted again by the Council pursuant to Article K.6, second paragraph, of the Treaty on European Union,

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Civil Liberties and Internal Affairs and the opinion of the Committee on Foreign Affairs, Security and Defence Policy (A4-0399/98),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly;

3. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

4. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

5. Instructs its President to forward this opinion to the Council and Commission.