98/305/JHA: Joint Action of 27 April 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, concerning the financing of specific projects in favour of asylum-seekers and refugees
Date: 1998-04-27
Institutions: Council of the European Union
Subjects: EU aid, action programme, aid to refugees, eligibility criteria, joint action, right of asylum

L  138/8

EN

Official  Journal  of  the  European  Communities

9.5.98

JOINT  ACTION

of  27  April  1998

adopted  by  the  Council  on  the  basis  of  Article  K.3  of  the  Treaty  on  European  Union,
concerning  the  financing  of  specific  projects  in  favour  of  asylum-seekers  and  refugees

(98/305/JHA)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

—  the  Council  resolution  of  26  June  1997  on
unaccompanied  minors  who  are  nationals  of  third
countries (3).

Having  regard  to  the  Treaty  on  European  Union  and,  in
particular,  Articles  K.3(2)(b)  and  K.8(2)  thereof,

Article  2

Whereas  the  Member  States  consider  asylum  policy  a
matter  of  common  interest;

The  aggregate  cost  of  the  specific  projects  shall  not
exceed  ECU  3,750  million.

Whereas  taking  action  in  favour  of  asylum-seekers  and
refugees  in  the  Member  States  is  likely  to  improve
facilities  for  the  admission  of  such  persons  and  to
encourage  the  sharing  of  responsibility  between  the
Member  States,  and  whereas  it  is  necessary  to  undertake
specific projects on an experimental basis, with a view to
establishing  a  legal  instrument  for  developing  further
action  in  this  area,  as  appropriate,

HAS  ADOPTED  THIS  JOINT  ACTION:

Article  1

1. Specific  projects 
improve  admission
intended  to 
facilities  for  asylum-seekers  and  refugees  in  the  Member
States  shall  be  undertaken  on  an  experimental  basis
during  1998.

2. These  measures  are  intended  primarily  to  implement
the  following  instruments:

—  the  Council  resolution  of  20  June  1995  on  minimum

guarantees  for  asylum  procedures (1),

—  the  Council  resolution  of  25  September  1995  on
burden-sharing  with  regard  to  the  admission  and
residence  of  displaced  persons  on  a  temporary
basis (2),

Article  3

The  specific  projects  shall  be  financed  by  the  general
budget  of  the  European  Communities.

Article  4

1. Where  the  financing  is  less  than  ECU  200 000,  the
Commission  shall  keep  the  Council  informed  of  the
number  of  requests  received  for  the  financing  of  specific
in  granting  support
projects,  the  principles  applied 
thereto  and  the  results  of  such  projects.

2. Where the financing is ECU 200 000 or more and less
than ECU 1 million, the Commission shall be assisted by
a  committee  consisting  of  one  representative  from  each
Member  State  and  chaired  by  a  representative  of  the
Commission.  The  Commission  shall  submit  to  the
list  of  the  projects  which  have  been
committee  a 
submitted to it. It shall indicate the projects it selects and
shall give reasons for its selection. The committee, acting
by  the  majority  provided  for  in  the  second  subparagraph
of  Article  K.4(3)  of  the  Treaty,  shall  deliver  its  opinion
on  the  various  projects  within  a  period  of  two  weeks.
The  Chairman  shall  not  vote.  The  opinion  shall  be
recorded  in  the  minutes;  moreover,  each  Member  State
shall have the right to ask that its position be recorded in
the  minutes.  The  Commission  shall  take  full  account  of
the  opinion  delivered  by  the  committee.  It  shall  inform
the  committee  of  how  it  has  done  so.

3. Where  the  financing  is  ECU  1  million  or  more,  the
Commission  shall  submit  to  the  committee  referred  to  in
paragraph  2  a  list  of  the  projects  which  have  been

(1)  OJ  C  274,  19.9.1996,  p.  13.
(2)  OJ  C  262,  7.10.1995,  p.  1.

(3)  OJ  C  221,  19.7.1997,  p.  23.

9.5.98

EN

Official  Journal  of  the  European  Communities

L  138/9

submitted to it. It shall indicate the projects it selects and
shall give reasons for its selection. The committee, acting
by  the  majority  provided  for  in  the  second  subparagraph
of  Article  K.4(3)  of  the  Treaty,  shall  deliver  its  opinion
on  the  various  projects  within  a  period  of  two  weeks.
The  Chairman  shall  not  vote.  If  a  favourable  opinion  is
not delivered within the time limit, the Commission shall
either  withdraw  the  project(s)  concerned  or  submit  it
(them),  with  any  opinion  from  the  committee,  to  the
Council,  which,  acting  by  the  majority  provided  for  in
the  second  subparagraph  of  Article  K.4(3)  of  the  Treaty,
shall  take  a  decision  within  one  month.

Article  5

The  Commission  shall  keep  the  Council  informed  of  the
results  of  the  specific  projects  financed  by  the  general
budget  of  the  European  Communities  with  a  view  to
assessing  the  possibility  of  developing  further  action  in
this  area  on 
legal
instrument.

the  basis  of  an  appropriate 

Article  6

This  Joint  Action  shall  enter  into  force  on  the  day  of  its
adoption.

It  shall  be  applicable  until  the  end  of  1998.

Article  7

This  Joint  Action  shall  be  published  in  the  Official
Journal.

Done  at  Luxembourg,  27  April  1998.

For  the  Council

The  President

R.  COOK