Amended 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, including emergency assistance to persons who have fled as a result of recent events in Kosovo
Date: 1999-04-13
Institutions: Directorate-General for External Relations, European Commission
Subjects: EU aid, EU migration policy, Kosovo, aid to refugees, asylum seeker, emergency aid, refugee, resettlement of persons, return migration, right of asylum

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels,  13.04.1999 
COM(1999)  181 final 

98/0357 (CNS) 

Amended 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, including emergency 
assistance to persons who have fled as a result of recent events in Kosovo 

(presented by the Commission pursuant to Article  189 a (2) 
of the EC-Treaty) 

EXPLANATORY  MEMORANDUM 

On  16 December  1998, the  Commission  put  forward  a proposal  for  a legal  basis  for 
budget  line B5-803 on the reception  and voluntary repatriation  of  refugees,  displaced 
persons and asylum applicants 

In  response  to  recent  events  in  Kosovo,  an  extraordinary  meeting  of  the  Council 
(Justice and Home Affairs)  was held on 7 April  1999.  Presidency conclusion  of  that 
Council states that: 
«It  (the  Council)  invites  the  Commission  to  come  forward  with  a  proposal  which 
would  enable  financial  assistance  to  be  provided  from  the  Community  budget,  if 
needed,  to  those  Member  States  which  agree  to  accept  refugees  from  the  conflict 
region ». 

The  Commission  therefore  proposed  to  amend  its  original  proposal  to  make  specific 
provision  for  emergency  assistance  in  Member  States  which  receive  a  significant 
number  of  displaced  persons,  asylum  applicants  and  refugees  who  have  fled  from 
Kosovo as a result of recent events in that region. These changes  are fully  in line with 
the  budgetary  commentary  on  budget  line  B5-803,  and  with  the  report  of  the 
rapporteur  in  the  Civil  Liberties  Committee  of  the  European  Parliament  on  the 
Comission's original proposal. 

1 Proposal for a Council Decision on a Joint Action adopted by the Council on the basis of Article K3 
of the Treaty on European Union establishing measures to provide practical support in relation to the 
reception and voluntary repatriation of refugees,  displaced personsand  asylum applicatns, 
COM( 1998)733 final 

Amended 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, including emergency  assistance to persons who have 
fled  as a result of recent events in Kosovo 

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 regard to the opinion of the European Parliament  ), 

(l)Whereas, pursuant to Article K. 1 of the Treaty, asylum policy is regarded as a matter of common  interest 

by the Member States; 

(2)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)Whereas account should be taken of the Member States' obligations under the  European Convention  for 

the Protection of Human Rights and Fundamental Freedoms of 4 November  1950; 

(4)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; 

(5)Whereas it is necessary to provide practical support in order to create or improve 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; 

(5a)Whereas it may be necessary to provide emergency assistance for the reception in the Member States of 
the European Union of displaced persons, asylum applicants and refugees  who have fled  from 
Kosovo as a result of recent events in that region or who have fled from other regions in comparable 
circumstances; 

(5b)Whereas it is useful  to promote the exchange of good practice and comparable experience in order to 

develop new synergies which cannot be achieved at national levels; 

(6)Whereas it is appropriate to provide for financing  from the Community budget for measures adopted 

under this Joint Action; 

(7)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  and the reinforcement  of cooperation between the Member States, 

HAS ADOPTED THIS JOINT ACTION: 

0 
0 

OJ . 
OJ. 

CHAPTER I 
OBJECT AND SCOPE 

Article  1 
Principles and objectives of the measures 

l.The Union shall support projects and measures in relation to the reception  and the voluntary  repatriation 
of refugees,  displaced persons and asylum applicants, which shall qualify  for  Community  financial 
support. 

2.The general objectives  of the projects  and measures  shall be: 

(a) 

to improve the conditions in which asylum applicants, displaced persons and refugees  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. 

3.Measures taken under this joint action may also include emergency assistance in Member States which 

receive a significant  number of displaced persons, asylum applicants and refugees  who have 
fled  from Kosovo as a result of recent events in that region or who have fled  from other 
regions in comparable circumstances. 

The financial  reference  amount for the implementation of this programme for the year  1999 shall be EURO 
15 million. 

Article  1 bis 

1. 

For the purpose of Article  l(2)(a), Article 3 and Article 4bis: 

Article 2 
Definitions 

(a) 

(b) 

(c) 

"refugees" means persons who have obtained 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; 

"displacedpersons"  means persons granted permission to stay in a Member State under 
temporary protection, or under subsidiary forms of protection or persons benefiting  from  other 
forms of protection 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; 

"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. 

For the purpose of Article  l(2)(b) and Article 4: 

(a) 

"refugees" means persons who have obtained 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; 

(b) 

(c) 

" displaced persons"  means persons granted permission to stay in a Member State under 
temporary protection, or under subsidiary forms of protection or persons benefiting  from  other 
forms of protection in accordance with Member States' international  obligations and national 
law, 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 States; 

"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, 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 States. 

Article  3 
Reception 

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

(a) 

(b) 

(c) 

(d) 

(e) 

measures to support the creation  or improvement  of infrastructures  in the Member States for the 
reception  of asylum applicants, displaced persons and  refugees; 

the enhancement of the fairness  and efficiency  of administrative and judicial asylum procedures and 
the facilitation  of access to them, including the provision of:  legal assistance and other counselling 
services; interpretation  services; information  on the procedure to be followed,  and the rights and 
obligations of the asylum applicant during the procedure; access to precise and up-to-date country 
information; 

the ensuring of a basic standard of living conditions for asylum applicants, displaced persons and 
refugees,  including accommodation, medical care, education and training; 

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

the provision of information  to the public on Member States' obligations to persons  seeking 
international 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. 

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) 

(b) 

(c) 

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; 

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; 

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. 

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

(a) 

transport costs associated with repatriation; 

(b) 

measures to support the reintegration  in their country of origin of persons returning from the 
Member States, including post-repatriation  monitoring. 

Article  4 bis 
Emergency assistance to persons displaced following  recent events in Kosovo 

Emergency  assistance  in  Member  States  which  receive  a  significant  number  of  displaced  persons,  asylum 
applicants  and refugees  who have fled  from  Kosovo as a result  of recent  events  in that  region  or  who have 
fled  from  other regions  in comparable  circumstances  shall  consist  of financial  assistance  contributing  for  a 
duration of six months to: 

(a)  Accommodation needs; 

(b)  Means of subsistence, including food  and clothing; 

(c)  Medical, psychological or other personal assistance; 

(d)  The costs of personnel administering and implementing the assistance. 

Such measures  may integrate  actions to facilitate  the voluntary  return  of displaced  persons when  conditions 
permit.  Particular attention  shall be given to the needs of vulnerable groups such as women,  unaccompanied 
minors and victims of atrocities. 

Article 5 
Financing criteria 

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

(a) 

The range of varying situations and needs in the Member States; 

(b) 

(c) 

cost-effectiveness  and value for money, taking account of the number of persons targeted by the 
project  or measure. 

the innovative nature of projects  or measures and the potential for making use of the results to 
reinforce co-operation between Member States or for other Member States to apply the lessons 
learned; 

(d) 

experience, expertise and reliability of the applicant organisation and any partner organisations; and 

(e) 

complementarity  of the projects  or measures with other measures funded  under the Community 
budget or from national programmes. 

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. 

Article  7 
Level of Community  finance 

1.  Financial  support from the Community budget shall not exceed 80% of the total cost of the project  or 

measure. 

2.  All types of expenditure which are directly  attributable to implementation  of a project  or measure 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. 

Article  8 
Financial  management 

1.  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'1). 

2.  When presenting the financing  proposals, the Commission  shall take account of the principles of sound 

financial  management and in particular of economy and cost-effectiveness  as required by Article 2 of 
the Financial  Regulation. 

CHAPTER  in 
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.  The Commission will regularly 
inform the Committee referred  to in art.  11 of the measures taken to that end. 

Article  10 
Submission of projects and measures 

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

(') 

OJL356, 31.12.1977, p. 1. 

> 

Article  11 
Procedure 

1.  Where the financing is less than EUR 200000, the Commission  shall keep the Council informed  of the 
number of requests received for the financing of specific  projects  and measures, the principles applied 
in granting support thereto and the results of such projects  and measures. 

2.  Where the financing is EUR 200 000 or more and is 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 
and measures which have been submitted to it. It shall indicate the projects and measures 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 and 
measures 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 EUR  1 million or more, the Commission shall submit to the Committee  referred 

to in paragraph 2 a list of the projects  and measures which have been submitted to it. It shall  indicate 
the projectsand  measures 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  and measures 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 projectAneasure(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. 

FINAL PROVISIONS 

Article 12 
Monitoring and evaluation 

1. The Commission shall be responsible for the monitoring and evaluation of projects  and 

measures financed under this joint action. Monitoring and evaluation may be financed  from 
the appropriations available for measures under this joint action 

2. The Commission shall prepare a summary report of the measures undertaken and 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 1999. 

Article  14 
Publication 

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

Done at Brussels, 

For the Council 
The President 

FINANCIAL  STATEMENT 

1. 

TITLE OF OPERATION 

Joint  action  establishing  measures  to  provide  practical  support  in  relation  to 
the  reception  and  voluntary  repatriation  of  refugees,  displaced  persons  and  asylum 
applicants,  including  emergency  assistance  to  persons  who  have  fled  as  a  result  of 
recent events in Kosovo 

2. 

BUDGET HEADINGS  INVOLVED 

(1999 general budget  nomenclature) 

B 5-803: 

European Fund for  Refugees 

3. 

LEGAL BASIS 

Article K.3(2) of the Treaty on European Union 

4. 

DESCRIPTION OF OPERATION 

•  General  objective 

The purpose  of this joint  action  is to provide the Union  with  an  instrument 
for providing support for projects and measures on : 

a)  improving reception conditions and access to asylum procedures ; 
b)  facilitating  voluntary repatriation  and reintegration ; 
c)  providing  emergency  assistance  for  the  reception 

in  the  Member  States  of  the 
European  Union  of  displaced  persons,  asylum  applicants  and  refugees  who  have 
fled from  Kosovo as a result of recent events in that region  or who have fled  from 
other regions in comparable circumstances 

It also takes account of the principle of shared responsibility between Member States. 

More specifically  it aims to: 

-  provide financial  assistance to Member States which receive  a significant  number 
of  displaced  persons,  asylum  applicants  and refugees  who  have fled  from  Kosovo 
as  a result  of  recent  events  in  that  region  or  who  have  fled  from  other  regions  in 
comparable circumstances. The financial  assistance would be limited in time to six 
months  following  arrival  and  would  mainly  cover  costs  such  as  immediate 
accomodation, means of subsistence and medical expenses ; 

- 

provide  the  individuals  and  groups  concerned  with  appropriate  protection  in 
accordance  with  the  common  traditions  of  the  Member  States  and  with  the 
obligations  incumbent  upon  them, particularly  by virtue  of  the  Convention  for  the 
Protection  of Human  Rights  and Fundamental Freedoms  of  4 November  1950 and 

the  Geneva  Convention  of  28 July  1951  relating  to  the  Status  of  Refugees,  as 
amended by the New York Protocol of 31 January 1967; 

-  provide  appropriate  reception  conditions  for  asylum  seekers  and  facilitate  access 

- 

- 

to fair and efficient  procedures to protect the rights of  refugees; 
create  conditions  in  which  refugees,  displaced  persons  and  asylum  seekers  who 
wish  to return  voluntarily  from  the Member  States  to their  countries  of  origin  are 
able to do so; 
ensure  a balance  of  effort  between  the Member  States  to  deal  with  the  reception 
and voluntary return of refugees  and displaced persons. 

•  Period covered 
a")  Emergency assistance to persons displaced following  recent events in Kosovo : six 

months following  arrival of target population. 

b)  Other projects  : one year from the entry into force of the legal basis. 

At the end of that period, an evaluation will be made to see whether it is necessary to 
continue the action or redirect it. 

The European Parliament will be informed  about the implementing measures  adopted. 

5. 

CLASSIFICATION OF EXPENDITURE 

1.  Compulsory/Non-compulsory expenditure 

Non-compulsory 

•  Differentiated/Non-differentiated  appropriations 

Differentiated 

•  Type of revenue involved 

Not applicable 

6. 

TYPE OF EXPENDITURE 

Grant  for  joint  financing  with  other  sources.  Financial  support  from  the 
Community  budget  may not  exceed  80% of the total  cost  of  the project.  This 
ceiling will be reached  only in the case of  projects  of  special  interest  in  terms 
of  the  objectives  of  the  joint  action  or  the  priorities  identified  in  the 
programme  (the measures) presented by the Commission  to the Committee  of 
Representatives of the Member States assisting it. 

7. 

FINANCIAL  IMPACT 

•  Method of calculating total cost of the operation (link between 

individual costs and total cost) 

a)  Emergency assistance to persons displaced following  recent events in Kosovo  : the 
expenditure  will cover the immediate  accomodation  needs, means  of  subsistence, 
medical  care  and  related  administrative  costs  for  a  limited  period  of  time  (six 

/0 

months). At the moment it is impossible to quantify  the need, due to the fluidity of 
the situation in Kosovo. 

b)  Other  projects  : a  more  precise  estimate  of  the  financial  impact  of  the  measures 
envisaged  must,  in  principle,  be  based  on  an  evaluation  of  the  exploratory 
measures  carried  out  with  appropriations  allocated  in  1997  and  1998.  For  the 
moment,  the  evaluation  can  only  be  limited.  In  1997,  Joint  Actions  97/447/JHA 
and 97/478/JHA were adopted by the Council on 22 July. On these bases, projects 
were  selected  following  meetings  of  the  Committee  of  the  representatives  of  the 
Member States in September and November  1997. 

The implementation  of these relatively new projects  was delayed, on valid grounds for 
the most part. Nevertheless  it was possible  to make  an  initial  evaluation  on the  basis 
of the interim reports  communicated  to the Commission.  The result  of the  evaluation 
is  summarised  in  the  attached  note  (Annex  I)  which  was  handed  out  to  the 
reprentatives  of the Member  States  at the meeting  of  the Management  Committee  on 
28 September  1998. A final  evaluation  report  will be prepared  during the first  half of 
1999 on the basis of the information  received in the meantime. 

• 

Itemised breakdown of cost 

This operation can be broken down as follows: 

• 

as  regards  ordinary  or  emergency  reception  procedures,  and  access  to  asylum 
procedures,  it  is  proposed  that  support  be  provided  for  measures  which  enhance 
the  fairness  and  efficiency  of  such  procedures  (including  access  to  these 
procedures), ensure  that  asylum  seekers  and displaced  persons  are  able to  benefit 
from  social  provisions  which  guarantee  basic  living  conditions,  and  provide 
special  assistance  for  the  most  vulnerable  groups.  It  is  also  planned  to  finance 
projects  to improve  reception  infrastructures  so that,  in  the medium term,  asylum 
seekers  and  people  requesting  international  protection  on  the  territory  of  any 
Member  State  of  the  European  Union  can  be  provided  with  satisfactory 
accommodation.  Consideration  should  also  be  given  to  financing  measures  to 
increase public awareness of the problems of asylum; 

as regards  voluntary  repatriation  and  reintegration  into  the  country  of  origin,  the 
intention  is  primarily  to  allow  Community  financing  of  information  campaigns, 
counselling  services,  and  initiatives  in  the  field  of  training  and  education.  As 
ancillary  measures,  transport  costs  associated  with  return  and  assistance  with 
reintegration  in  the  country  of  origin  could  also  be  considered,  marking  the  sole 
exception  to the principle  that the effect  of this joint  action  should be confined  to 
the European  Union. 

The following  breakdown can be made on the basis of the preparatory 
measures carried out in  1997 and 1998 and by increasing the allocations 
envisaged for  ^Infrastructures » and « Aid to vulnerable groups  », which are 
the most relevant items for emergency assistance to person displaced 
following recent events in Kosovo. In any case, taking account the uncertainty 

K 

of the situation in Kosovo as well as of the differencies  in size of the projects 
which might be subsidised, the following  table constitutes a provisional 
estimate of the division of expenditure. 

B5 -  803 

BREAKDOWN 

Infrastructures 
Asylum procedures 
Minimum rights 
Aid to vulnerable 
groups 
Information 
Advice 
Training/Education 
TOTAL 

PDB 1999 
(EUR 15 million)  (*) 
estimated  % of budget 
30 
10 
10 
20 

10 
10 
10 
100 

(*) 

It  should  be  noted  that  the  budgetary  authority,  by  a  decision  of  the 
Committee  on  Budgets  of  8 December  1998,  has  authorised  the 
utilisation  of  up  to  EUR  800 000  under  this  item  for  technical  and 
administrative  assistance,  for  the  benefit  of  the  Commission  and  the 
beneficiaries  of  this  operation  in  as  much  as  they  do  not  concern 
routine  public  service  tasks  but  are  related  to  the  preparation  of 
management,  follow-up  and  auditing  of  the  programme  or  projects. 
Such assistance will not exceed the duration of the programme. 

8. 

FRAUD PREVENTION  MEASURES 

The grant application  form  will  ask for  details of the identity and nature of the 
potential beneficiaries  so that their reliability can be assessed in advance. 

Fraud prevention  measures  (on-the-spot  inspections, interim  and final  reports) 
are  included  in  the  agreements  or  contracts  between  the  Commission  and 
beneficiaries  of  the  operation.  The  Commission  will  study  the  reports  and 
ensure that the work has been properly carried out before  the interim  and  final 
payments are made. 

9. 

ELEMENTS OF COST-EFFECTIVENESS  ANALYSIS 

•  Target population 
-  Refugees,  displaced persons and asylum seekers as defined in Article 2 of the 

proposal. 

-  Public opinion in the Member States. 

II 

-  Members of public sector bodies (including decentralised authorities) and private 

organisations involved in the fields  concerned. 

•  Grounds for the operation 

The  proposed  action  is  intended,  firstly,  to  underpin  national  policies  to 
assist persons seeking international  protection  and, secondly, to encourage 
the  voluntary  return  of  holders  of  a  temporary  residence  permit  or 
beneficiaries  of temporary  protection  in  a Member  State  of  the  European 
Union,  in  particular  refugees  from  Kosovo. In  both  cases, there  is  a need 
to  promote  the  idea  of  shared  responsibility  between  Member  States  for 
the overall  effort  to assist these categories  of  person,  given  that  situations 
may differ  widely. 

In  accordance  with  the  first  subparagraph  of  Article  K.8(2)  of  the  Treaty 
on  European  Union,  administrative  expenditure  which  the  provisions 
relating to the areas referred  to in Title VI entail for the institutions will be 
charged  to  the  budget  of  the  European  Communities.  As  regards 
operational  expenditure  to  which  the  implementation  of  those  provisions 
gives  rise,  the  Council  may  either  decide  unanimously  that  it  is  to  be 
charged  to  the  Community  budget  or  may  determine  that  it  should  be 
charged to the Member States. 

By  virtue  of  Article K.3(2),  the  Council  may,  on  the  initiative  of  any 
Member State  or  of  the  Commission  depending  on  the  area  concerned, 
adopt joint  action  in  so far  as the objectives  of  the Union  can be  attained 
better  by joint  action  than  by  the  Member  States  acting  individually  on 
account of the scale of effects  of the action  envisaged. 

Under  Article  K.l(3)  of  the  Treaty,  asylum  policy  is  considered  to  be  a 
matter  of  common  interest  by Member  States. By  virtue  of  the  Treaty of 
Amsterdam  it  will  be  for  the  Council  to  adopt  measures  establishing 
minimum  standards  on the reception  of  asylum  seekers in Member  States 
(Article 63(l)(b))  and  procedures  for  granting  or  withdrawing  refugee 
status  (Article 63(l)(d)).  It  will  also  be  required  to  adopt  measures  on 
refugees  and  displaced  persons  in  the  areas  of  minimum  standards  for 
giving temporary asylum to displaced persons and on promoting a balance 
of effort  between Member States (Article 63(2)(a) and (b)). 

On  7  April  1999  the  Council  of  Ministers  on  Justice  and  Home  Affairs 
invited  the  Commission  to  come  forward  with  a  proposal  which  would 
enable financial  assistance to be provided  from  the Community  budget  to 
those Member States which agree to accept refugees  from  Kosovo. 

17 

•  Monitoring and evaluation of the operation 

The  Commission  will  carry  out  regular  evaluation  and  monitoring  of 
operations  financed  under this instrument  to ensure  that they correspond  to 
the  objectives  and priorities  set,  and  to  draw  up  guidelines  with  a view  to 
improving project  selection criteria. At the end of each financial  year, it will 
report  to the European  Parliament  and the Council  on  the  action  taken  and 
on the assessment of this action. 

There will  be external  evaluation  of  assisted  projects  in  the  second  half  of 
1999. A call for tender was published on  12 February  1999. The conclusion 
of the award procedure is scheduled for  June  1999. 

The  evaluation  will  be  an  interim  evaluation  of  projects  financed  in  1997 
and  1998  and  will  provide  the  basis  for  a  comprehensive  evaluation  in 
2001.  The  external  evaluation  will  be  without  prejudice  to  internal 
evaluations by the Commission  (managing department or DG XX). 

The  purpose  of  the  evaluation,  which  will  focus  on  substance,  will  be  to 
ascertain  how  far  the programme's  objectives  have been  attained,  to  supply 
quantitative  and qualitative  information  serving  as a basis  for  reorientation 
and,  if  necessary,  adaptation  of  the  programme,  and  to  adopt,  if  need  be, 
evaluation methods so that the programme's impact can be measured. 

10. 

ADMINISTRATIVE EXPENDITURE (Section III of the general budget) 

The  administrative  resources  required  will  be  mobilised  via  the  annual 
Commission  decision  allocating  resources,  having  regard  among  other  things 
to  the  additional  staff  and  financial  resources  granted  by  the  budgetary 
authority. 

10.1 

Impact on number of posts 

Type of posts 

Staff  to be assigned to 
manage operation 

Permanent 
posts 

Temporary 
posts 

Officials  or 
temporary  staff 

Other resources 
Total 

A 

B 
C 

1.5 

1.5 
1.5 

4.5 

-

-

Of which 

Dura 
tion 

Using 
existing 
resources of 
DGor 
department 
concerned 

1.5 

0.5 
0.5 

2.5 

Using additional 
resources 

1 
1 

2 

M 

10.2 

Overall financial  impact of additional human resources 

Amount 
EUR 486 000 

Method of calculation 

4.5 x EUR  108 000 

Officials 
Temporary  staff 
Other resources  (specify 
budget heading) 

Total 

EUR 486 000 

10.3 Increase in other administrative expenditure resulting from  operation 

Budget  classification 
(number and heading) 
A-7030 (expert meetings) 
A-7031 (Management 
Committee) 
A-7010 (Missions) 

Total 

Amount 

Method of calculation 

EUR  13 000 
EUR 29 250 

EUR  13 600 
EUR 55 850 

2 x 10  people  @  EUR 650 
3 x 15  people  @ EUR 650 

20 missions  @ EUR 680 

lb 

ANNEX I 

(based on the budget nomenclature applicable in  1997 and  1998) 

B5-803 

B7-6008 

BREAKDOWN 

1997 BUDGET 
(EUR 3.75 million) 

BREAKDOWN 

1997 BUDGET 
(EUR 10 million) 

Infrastructures 
Asylum 
procedures 
Minimum rights 
Aid to vulnerable 
groups 
Information  for 
the public 
TOTAL 

actions 
43 
5 

16 
10 

26 

100 

B5-803 

% of budget 
Number 

of 

% of budget 
Number 

actions 
25 
6 

Information 
Advice 

Training/Education 

69 

of 

9 
3 

20 

7 
1 

4 
4 

5 

21 

TOTAL 

100 

32 

B7-6008 

1998 BUDGET 
(EUR 3.75 million) 

BREAKDOWN 

1998 BUDGET 
(EUR 13 million) 

% of budget 
Number 

of 

actions 
47 
20 

BREAKDOW 
N 

Infrastructures 
Asylum 
procedures 
Minimum 
rights 
Aid to 
vulnerable 
groups 
Information 
for the public 
TOTAL 

23 

10 

0 

100 

% of budget 
Number 

actions 
15 
50 

Information 
Advice 

Training/Education 

35 

of 

7 
22 

23 

6 
7 

6 

6 

0 

25 

TOTAL 

100 

52 

A. 

ISSN  0254-1475 

COM(1999)  181  final 

DOCUMENTS 

EN 

05  06  01  11 

Catalogue number: CB-CO-99-176-EN-C 

Office  for Official  Publications of the European  Communities 

L-2985 Luxembourg