Proposal for a Joint Action concerning solidarity in the admission and residence of beneficiaries of the temporary protection of displaced persons (98/C 268/14) (Text with EEA relevance) COM(1998) 372 final - 98/0222(CNS)

(Submitted by the Commission pursuant to Article K.3(2)(b) of the Treaty on European Union on 26 June 1998)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union and in particular Article K.3(2)(b) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas, pursuant to Article K.1(1) of the Treaty on European Union, asylum policy is regarded as a matter of common interest for the Member States;

Whereas, since its resolution of 25 September 1995 on burden-sharing with regard to the admission and residence of displaced persons on a temporary basis (1), the Council has recognised the importance of adopting measures of solidarity to allow a more equitable distribution of efforts;

Whereas the Joint Action concerning temporary protection of displaced persons increases the importance of supplementing the Member States' efforts with measures aiming at greater solidarity;

Whereas the principle of solidarity must find expression in concrete measures designed to help the Member States particularly affected by the admission of beneficiaries of temporary protection;

Whereas this solidarity should principally take the form of financial assistance, both to contribute to emergency measures and to promote reception projects, particularly those involving accommodation and social assistance;

Whereas, as a subsidiary point, equitable burden-sharing may also lead to a distribution between Member States of the beneficiaries of temporary protection; whereas, however, this distribution concerns people only before or on their arrival in a Member State of the Union;

Whereas decisions on the implementation of these solidarity measures must be adopted unanimously;

Whereas this Joint Action must enter into force on the same date as that concerning temporary protection of displaced persons,

HAS ADOPTED THIS JOINT ACTION:

Article 1

General provisions

1. This Joint Action shall apply to the beneficiaries under a temporary protection regime provided for by Articles 3 and 4 of the Joint Action on temporary protection of displaced persons (hereinafter referred to as 'the temporary protection regime`).

2. Member States shall implement this Joint Action in compliance with the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950.

Article 2

Principle of solidarity

1. When temporary protection regimes are adopted, or on the basis of the report referred to in Article 4 of the Joint Action on temporary protection, the Council may, acting unanimously on the initiative of a Member State or of the Commission, adopt decisions implementing solidarity mechanisms providing for assistance to the Member States particularly affected by the admission of beneficiaries of temporary protection.

2. The opinion of the Office of the United Nations High Commissioner for Refugees shall be sought before the Council adopts the decision.

Article 3

Financial assistance

The decision provided for by Article 2(1) of this Joint Action principally involves the granting of financial assistance from the Community budget designed to cover certain costs generated by the admission of beneficiaries of temporary protection. The financial assistance may assume the following forms:

(a) a contribution to provisional accommodation, means of subsistence and emergency medical assistance requirements for the first three months of the temporary regime; and/or

(b) a contribution to projects for beneficiaries of temporary protection, in particular the costs of accommodation, social assistance and education under Article 9 of the Joint Action on temporary protection.

Article 4

Other assistance

The decision provided for by Article 2(1) may also, as a secondary measure, define the rules allowing the beneficiaries of temporary protection to be distributed between Member States, before or on arrival in the territory of the Member States.

This potential distribution shall not affect the rules of the Dublin Convention of 15 June 1990 (2), unless the Member States decide to suspend the examination of such applications for asylum under the conditions set out by the second subparagraph of Article 10(1) of the Joint Action on temporary protection.

Article 5

Transparency

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

2. The implementing measures adopted pursuant to this Joint Action shall be published in the Official Journal of the European Communities as soon as they are adopted by the Council.

Article 6

Final provisions

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 day of its publication, or, it the Joint Action on temporary protection has not yet been published, on the day when the latter is so published.

(1) OJ C 262, 7.10.1995, p. 1.

(2) OJ C 254, 19.8.1997, p. 1.