Proposal for a Council Decision on a Joint Action adopted by the Council on the basis of Article K.3 of the Treaty on European Union establishing measures to provide pratical support in relation to the reception and the voluntary repatriation of refugees, displaced persons and asylum applicants
Date: 1998-12-16
Institutions: European Commission
Subjects: aid to refugees, integration of migrants, joint action, return migration, right of asylum

C  37/4

EN

Official  Journal  of  the  European  Communities

11.2.1999

II

(Preparatory  Acts)

COMMISSION

Proposal  for  a  Council  Decision  on  a  Joint  Action  adopted  by  the  Council  on  the  basis  of
Article  K.3  of  the  Treaty  on  European  Union  establishing  measures  to  provide  practical  support
in  relation  to  the  reception  and  the  voluntary  repatriation  of  refugees,  displaced  persons  and
asylum  applicants

(1999/C  37/04)

COM(1998)  733  final  -  98/0357(CNS)

(Submitted  by  the  Commission  on  13  January  1999)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

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

Having  regard  to  the  proposal  from  the  Commission,

Having 
Parliament,

regard 

to 

the  opinion  of 

the  European

(1)(cid:217)Whereas,  pursuant  to  Article  K.1  of  the  Treaty,
asylum  policy  is  regarded  as  a  matter  of  common
interest  by  the  Member  States;

(2)(cid:217)Whereas  it  is  important  to  grant  refugees  appropriate
protection  in  keeping  with  Member  States’  common
humanitarian  tradition,  and  in  accordance  with  the
Convention  relating  to  the  Status  of  Refugees  of  28
July  1951,  as  amended  by  the  New  York  Protocol  of
31  January  1967;

(3)(cid:217)Whereas  account  should  be  taken  of  the  Member
States’  obligations  under  the  European  Convention
for  the  Protection  of  Human  Rights  and  Funda(cid:220)
mental  Freedoms  of  4  November  1950;

(4)(cid:217)Whereas 

it 

is  necessary 

to  ensure  appropriate
conditions  for  the  reception  of  asylum  applicants,
and  to  facilitate  access  to  asylum  procedures  which
are  fair  and  efficient,  in  order  to  protect  the  rights  of
refugees;

(7)(cid:217)Whereas,  taking 

joint  action 

in  relation  to  the
reception  of  asylum  applicants  and  displaced  persons
and  the  voluntary  repatriation  of  asylum  applicants,
displaced  persons  and  refugees  will  promote  the
sharing  of  responsibility  between  the  Member  States,

HAS  ADOPTED  THIS  JOINT  ACTION:

CHAPTER  I

OBJECT  AND  SCOPE

Article  1

Principles  and  objectives  of  the  measures

1.(cid:218)(cid:217)The  Union  shall  take  measures  to  provide  practical
support  in  relation  to  the  reception  of  asylum  applicants
and  displaced  persons  and  the  voluntary  repatriation  of
refugees,  displaced  persons  and  asylum  applicants,  which
shall  qualify  for  Community  financcial  support.

2.(cid:218)(cid:217)The  general  objectives  of  the  measures  shall  be:

(a)(cid:217)to  improve  the  conditions  in  which  asylum  applicants
and  displaced  persons  are  received  in  the  Member
States,  and  to  support  asylum  procedures  which  are
fair,  efficient  and  accessible  to  persons  in  need  of
international  protection;

(b) to  assist 

the  voluntary 

repatriation  of  asylum
applicants,  displaced  persons  and  refugees  from  the
Member  States  to  their  countries  of  origin,  and  their
reintegration  there.

(5)(cid:217)Whereas  it  is  necessary  to  provide  practical  support
in  order  to  create  the  conditions  in  which  refugees,
displaced  persons  and  asylum  applicants  who  wish  to
return  from  the  Member  States  to  their  countries  of
origin  are  able  to  do  so;

Article  2

Definitions

1.(cid:218)(cid:217)For  the  purpose  of  Article  1(2)(a)  and  Article  3:

(6)(cid:217)Whereas  it  is  appropriate  to  provide  for  financing
from  the  Community  budget  for  measures  adopted
under  this  Joint  Action;

(a)(cid:217)"displaced  persons’  means  persons  granted  permission
to 
temporary
in  a  Member  State  under 
protection,  or  under  subsidiary  forms  of  protection

stay 

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C  37/5

in  accordance  with  Member  States’ 
international
obligations  and  national  law,  and  persons  seeking
permission  to  remain  on  such  grounds  who  are
awaiting  a  decision  on  their  status;

(b) "asylum 

applicants’  means  persons  who  have
requested  protection 
from  a  Member  State  by
claiming  refugee  status  within  the  meaning  of  Article
1  of  the  Convention  relating  to  the  Status  of
Refugees  of  28  July  1951,  as  amended  by  the  New
York  Protocol  of  31  January  1967,  and  in  respect  of
whose  requests  a  final  decision  has  not  yet  been
taken.

2.(cid:218)(cid:217)For  the  purpose  of  Article  1(2)(b)  and  Article  4:

(a)(cid:217)"refugees’  means  persons  who  have  obtained  refugee
status  within 
the
Convention  relating  to  the  Status  of  Refugees  of  28
July  1951,  as  amended  by  the  New  York  Protocol  of
31  January  1967;

the  meaning  of  Article  1  of 

stay 

(b) "displaced  persons’  means  persons  granted  permission
to 
temporary
in  a  Member  Sate  under 
protection,  or  under  subsidiary  forms  of  protection
international
in  accordance  with  Member  States’ 
obligations  and  national  law;

(c) "asylum 

applicants’  means  persons  who  have
from  a  Member  State  by
requested  protection 
claiming  refugee  status  within  the  meaning  of  Article
1  of  the  Convention  relating  to  the  Status  of
Refugees  of  28  July  1951,  as  amended  by  the  New
York  Protocol  of  31  January  1967,  including  persons
in  respect  of  whose  requests  a  final  negative  decision
has  been  taken,  but  who  have  not  yet  departed  from
the  territory  of  the  Member  State.

Article  3

Reception

Measures  to  improve  the  conditions  in  which  asylum
applicants  and  displaced  persons  are  received 
in  the
Member  States  and  to  support  asylum  procedures  which
are  fair,  efficient  and  accessible  to  persons  in  need  of
international  protection 
the
following  areas:

shall  primarily 

cover 

(a)(cid:217)the  measures  to  improve  the  infrastructure  in  the
Member  States  for  the  reception  of  asylum  applicants
and  displaced  persons;

(b) the  enhancement  of  fairness  and  efficiency  of  asylum
procedures  and  the  facilitation  of  access  to  them,
including  the  provision  of:  legal  assistance  and  other
counselling 
services;
information  on  the  procedure  to  be  followed,  and
the  rights  and  obligations  of  the  asylum  applicant

interpretation 

services; 

during 
up(cid:220)to(cid:220)date  country  information;

the  procedure;  access 

to  precise  and

(c) the  ensuring  of  a  basic  standard  of  living  conditions
for 
and  displaced  persons,
including  accommodation,  medical  care,  education
and  training;

applicants 

asylum 

(d) special  assistance 

to  vulnerable  groups,  such  as
unaccompanied  minors,  victims  of  torture  or  rape,
and  people  requiring  special  medical  treatment;

(e) the  provision  of 

to 

the  public  on
information 
Member  States’  obligations  to  persons  seeking  inter(cid:220)
national  protection  and 
the  European  Union’s
asylum  policy,  including  public  awareness  measures
complementing  other  measures  financed  under  this
Joint  Action.

Article  4

Voluntary  repatriation

1.(cid:218)(cid:217)Measures  to  assist  the  voluntary  repatriation  of
asylum  applicants,  displaced  persons  and  refugees  from
the  Member  States  to  their  countries  of  origin,  and  their
reintegration  there,  shall  primarily  cover  the  following
areas:

(a)(cid:217)the  collection  and  dissemination  of  information  on
all  aspects  relevant  to  return,  including  the  economic
and  administrative  situation  in  the  country  of  origin,
employment  opportunity,  property  rights  and  other
legal  matters;

(b) counselling 

to  assist  both,  persons  who  are
considering  whether  to  return  voluntarily  to  their
country  of  origin,  and  persons  who  have  decided  in
principle  to  return;

(c) training  and  education,  with  the  aim  of  providing
refugees,  displaced  persons  and  asylum  applicants
with  skills  which  will  be  of  benefit  on  return  to  the
country  of  origin.

2.(cid:218)(cid:217)As  a  component  of  an  integrated  project  facilitating
voluntary  repatriation,  and  in  particular  covering  one  or
more  of  the  areas  mentioned 
in  paragraph  1,  the
following  may  also  be  eligible  for  financing:

(a)(cid:217)transport  costs  associated  with  repatriation;

(b) measures 

to 

support 

their
country  of  origin  of  persons  returning  from  the
Member  States, 
including  post(cid:220)repatriation  moni(cid:220)
toring.

the  reintegration 

in 

C  37/6

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Article  5

Financing  criteria

Article  8

Financial  management

The  projects  to  be  financed  from  the  Community  budget
shall  be  subject  to  a  selection  procedure  taking  into
account  in  particular  the  following  criteria:

(a)(cid:217)the  objective  of  achieving  an  equitable  balance  of

responsibility  between  Member  States;

(b) the  innovative  nature  of  projects  and  the  potential
for  making  use  of  the  results  to  reinforce  coop(cid:220)
eration  between  Member  States  or  for  other  Member
States  to  apply  the  lessons  learned;

(c) experience,  expertise  and  reliability  of  the  applicant

organisation  and  any  partner  organisations;

(d) complementarity  of  the  projects  with  other  measures
from

the  Community  budget  or 

funded  under 
national  programmes;  and

(e) cost(cid:220)effectiveness  and  value 

taking
account  of  the  number  of  persons  targeted  by  the
project.

for  money, 

CHAPTER  II

FINANCIAL  PROVISIONS

Article  6

Financial  control

Financing  decisions  and  the  contracts  derived  therefrom
in  conformity  with  the  financial  regulations  applicable  to
the  budget  of  the  European  Communities  shall  provide,
in  particular,  for  monitoring  and  financial  control  by  the
Commission  and  audits  by  the  Court  of  Auditors.

1.(cid:218)(cid:217)Measures  adopted  under  this  Joint  Action  and
financed  by  the  budget  of  the  European  Communities
shall  be  managed  by  the  Commission  in  conformity  with
the  Financial  Regulation  of  21  December  1977  applicable
to  the  general  budget  of  the  European  Communities(cid:216)(˛),

the 

financing  proposals, 

2.(cid:218)(cid:217)When  presenting 
the
Commission  shall  take  account  of  the  principles  of  sound
financial  management  and  in  particular  of  economy  and
cost(cid:220)effectiveness  as  required  by  Article  2  of 
the
Financial  Regulation.

CHAPTER  III

MANAGEMENT  PROVISIONS

Article  9

General  management  provisions

The  Commission  shall  be  responsible  for  managing
measures  under  this  Joint  Action  and  shall  take  such
steps  as  are  necessary  to  that  end.

In  particular,  in  order  to  ensure  that  this  Joint  Action  is
implemented  efficiently  and  effectively,  the  Commission
may  have  recourse  to  technical  assistance  which  may  be
financed  from  the  appropriations  available  for  measures
under  this  Joint  Action.

Article  10

Submission  of  projects

for  which 

Projects 
is  requested  shall  be
financing 
submitted  to  the  Commission  for  scrutiny  within  a  time
limit  to  be  determined  by  the  Commission.

Article  7

Level  of  Community  finance

Article  11

Procedure

1.(cid:218)(cid:217)Financial  support  from  the  Community  budget  shall
not  exceed  80(cid:216)%  of  the  total  cost  of  the  project.

2.(cid:218)(cid:217)All  types  of  expenditure  which  are  directly  attri(cid:220)
butable  to  implementation  of  a  project  and  incurred
during  a  specific,  contractually  defined  period  shall  be
eligible,  subject  to  conditions  to  be  specified  in  guidelines
which  shall  be  established  by  the  Commission,  up  to  the
ceiling  of  appropriations  authorised  under  the  annual
budgetary  procedure.

1.(cid:218)(cid:217)Until  31  December  1999,  decisions  on  the  financing
of  projects  shall  be  taken  in  accordance  with  paragraphs
2,  3  and  4.  From  1  January  2000,  they  shall  be  taken  in
accordance  with  the  procedure  laid  down  in  paragraph  5.

2.(cid:218)(cid:217)Where  the  financing  is  less  than  EUR  200(cid:216)000,  the
informed  of  the
Commission  shall  keep  the  Council 

(˛)(cid:217)OJ  L  356,  31.12.1977,  p.  1.

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number  of  requests  received  for  the  financing  of  specific
projects, 
in  granting  support
thereto  and  the  results  of  such  projects.

the  principles  applied 

3.(cid:218)(cid:217)Where  the  financing  is  EUR  200(cid:216)000  or  more  and
less  than  EUR  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
Committee  a 
list  of  the  projects  which  have  been
submitted  to  it.  It  shall  indicate  the  projects  it  selects  and
its  selection.  The  Committee,
shall  give  reasons  for 
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 
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.

in 

4.(cid:218)(cid:217)Where  the  financing  is  EUR  1  million  or  more,  the
Commission  shall  submit  to  the  Committee,  referred  to
in  paragraph  2,  a  list  of  the  projects  which  have  been
submitted  to  it.  It  shall  indicate  the  projects  it  selects  and
its  selection.  The  Committee,
shall  give  reasons  for 
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.

5.(cid:218)(cid:217)The  Commission  shall  be  assisted  by  an  advisory
the
committee  composed  of 
Member  States  and  chaired  by  the  representative  of  the
Commission.

the  representatives  of 

The  representative  of  the  Commission  shall  submit  to  the
Committee  a  draft  of  the  measures  to  be  taken.  The
Committee  shall  deliver  its  opinion  on  the  draft,  within  a
time  limit  which  the  Chairman  may  lay  down  according
to  the  urgency  of  the  matter,  if  necessary  by  taking  a
vote.

The  Commission  shall  take  the  utmost  account  of  the
opinion  delivered  by  the  Committee.  It  shall  inform  the
Committee  of  the  manner  in  which  its  opinion  has  been
taken  into  account.

FINAL  PROVISIONS

Article  12

Monitoring  and  evaluation

1.(cid:218)(cid:217)The  Commission  shall  be  responsible  for  the  moni(cid:220)
toring  of  projects  and  evaluation  of  measures  financed
under  this  Joint  Action.  Monitoring  and  evaluation  may
be 
for
from 
measures  under  this  Joint  Action.

the  appropriations  available 

financed 

2.(cid:218)(cid:217)The  Commission  shall  prepare  a  summary  report  of
the  measures  undertaken  und  the  evaluation  carried  out,
to  be  sent  to  the  European  Parliament  and  the  Council.

Article  13

Entry  into  force

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

It  shall  be  applicable  until  31  December  2000.

Article  14

Publication

This  Joint  Action  shall  be  published 
Journal  of  the  European  Communities.

in  the  Official