Legislative resolution embodying Parliament's opinion on the proposal for a Joint Action concerning solidarity in the admission and residence of beneficiaries of the temporary protection of displaced persons (COM(98)0372 C4- 0506/98 98/0222(CNS))(Consultation procedure)
Date: 1998-11-20
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: aid to refugees, foreign national, short-term economic policy, social security













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51998AP0399(01)

Legislative resolution embodying Parliament's opinion on the proposal for a Joint Action concerning solidarity in the admission and residence of beneficiaries of the temporary protection of displaced persons (COM(98)0372 C4- 0506/98 98/0222(CNS))(Consultation procedure)  


Official Journal C 379 , 07/12/1998 P. 0380 





Proposal for a Joint Action concerning solidarity in the admission and residence of beneficiaries of the temporary protection of displaced persons (COM(98)0372 - C4-0506/98 - 98/0222(CNS))The proposal was approved with the following amendments:(Amendment 19)Title>Original text>Proposal for a Joint Action concerning solidarity in the admission and residence of beneficiaries of the temporary protection of displaced persons>Text following EP vote>Proposal for a Joint Action concerningCommunity aid measures for the admission and residence of beneficiaries of the temporary protection of displaced persons(Amendment 20)Citation 1>Original text>Having regard to the Treaty on European Union and in particular Article K.3(2)(b) thereof,>Text following EP vote>Having regard to the Treaty on European Union and in particular Article K.3(2)(b) thereof,or after the entry into force of the Treaty of Amsterdam, Article 63,(Amendment 21)Recital 2>Original text>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, the Council has recognised the importance of adopting measures of solidarity to allow a more equitable distribution of efforts;>Text following EP vote>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, the Council has recognised the importance of adopting measures of solidarity to allow a more equitable distribution of effortsand pinpointed various factors on which a distribution of efforts by way of solidarity should be based;(Amendment 22)Recital 2a (new)>Original text>>Text following EP vote>Whereas the Treaty of Amsterdam states that the Council shall adopt measures promoting a balance of effort between Member States in receiving and bearing the consequences of receiving refugees and displaced persons;(Amendment 23)Recital 2b (new)>Original text>>Text following EP vote>Whereas the individual degree to which a Member State is affected should be ascertained using a basis for calculation laid down in advance including not only the number of displaced persons received but also the financially assessable contributions by the individual Member States to preventing or resolving the crisis, measures taken by the individual Member States for the on-the-spot protection and care of the population under threat, and economic and social factors, in particular population and per capita GDP of a Member State;(Amendment 24)Recital 3a (new)>Original text>>Text following EP vote>Whereas the European Parliament has also, in its opinion of 23 October 1997(1), ascribed particular importance to burden-sharing in the context of the Joint Action concerning temporary protection of displaced persons;________________(1) OJ C 339, 10.11.1997, p. 146.(Amendment 25)Recital 5>Original text>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;>Text following EP vote>Whereas thisbalance should inter alia 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 the European Refugee Fund created by the European Parliament is a financial instrument for solidarity between the Member States with regard to the temporary protection of refugees;(Amendment 26)Recital 6>Original text>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;>Text following EP vote>Whereas 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;(Amendment 27)Recital 7>Original text>Whereas decisions on the implementation of these solidarity measures must be adopted unanimously;>Text following EP vote>Deleted(Amendment 28)Article 2(1)>Original text>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.>Text following EP vote>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 by qualified majority on the initiative of a Member State or of the Commission, adopt decisions implementing Community aid measures providing for assistance to the Member States particularly affected by the admission of beneficiaries of temporary protection.(Amendment 54)Article 2(1a) (new)>Original text>>Text following EP vote>1a. For the purposes of such measures, account shall be taken of the Council Resolution of 25 September 1995 on burden-sharing with regard to the admission and residence of displaced persons on a temporary basis and in particular the criteria set out in point 4 thereof.(Amendment 30)Article 3, title and new paragraphs before opening clause>Original text>Financial assistance>Text following EP vote>Community aid measures and reception of persons requiring protectionThe measure provided for by Article 2(1) involves in the first instance rules permitting a distribution amongst Member States, after hearing those affected, of beneficiaries of temporary protection before or on arrival in the territory of the Member States.>Original text>>Text following EP vote>These distribution rules are without prejudice to the principle of the 'unity of the family' and the rights of unaccompanied refugee children.>Original text>>Text following EP vote>This distribution shall also not affect the rules of the Dublin Convention of 15 June 1990(1), 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.______________________(1) OJ C 254, 19.8.1997, p. 1.(see amendment 33)(Amendment 31)Article 3, opening clause>Original text>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:>Text following EP vote>If the measure provided for by Article 2(1) of this Joint Action 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:(Amendment 32)Article 3, 2nd paragraph (new)>Original text>>Text following EP vote>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 33)Article 4>Original text>Article 4Other assistanceThe decision provided for in 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.>Text following EP vote>Deleted(see amendment 30)>Original text>This potential distribution shall not affect the rules of the Dublin Convention of 15 June 1990(1), unless the Member States decided 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._______________________(1) OJ C 254, 19.8.1997, p. 1.>Text following EP vote>(Amendment 34)Article 5(1)>Original text>1. The European Parliament shall be informed forthwith of the implementing measures adopted pursuant to this Joint Action.>Text following EP vote>1.The European Parliament shall be consulted forthwith on the implementing measures adopted pursuant to this Joint Action. In urgent cases, the Council may lay down such measures in advance. After the consultation, the Council shall immediately specify the details of the measures.Legislative resolution embodying Parliament's opinion on the proposal for a Joint Action concerning solidarity in the admission and residence of beneficiaries of the temporary protection of displaced persons (COM(98)0372 - C4-0506/98 - 98/0222(CNS))(Consultation procedure)The European Parliament,- having regard to the Commission proposal to the Council, (COM(98)0372) - 98/0222 (CNS) ((OJ C 268, 27.8.1998, p. 22.)),- having regard to Article K.3(2)(b) of the Treaty on European Union,- having been consulted by the Council pursuant to Article K.6, second subparagraph, of the Treaty on European Union (C4-0506/98),- 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 Legal Affairs and Citizens' Rights (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.