Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof
Date: 2001-07-20
Institutions: Council of the European Union
Subjects: EU Member State, EU aid, State aid, aid to refugees, human rights, rights of aliens

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Official Journal of the European Communities

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COUNCIL DIRECTIVE 2001/55/EC

of 20 July 2001

on minimum standards for giving temporary protection in the event of a mass influx of displaced
persons and on measures promoting a balance of efforts between Member States in receiving such
persons and bearing the consequences thereof

THE COUNCIL OF THE EUROPEAN UNION,

with regard to the admission and residence of displaced
persons on a temporary basis (6).

Having regard to the Treaty establishing the European
Community, and in particular point 2(a) and (b) of Article 63
thereof,

Having regard to the proposal from the Commission (1)

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social
Committee (3),

Having regard to the opinion of
Regions (4),

the Committee of

the

Whereas:

(1)

(2)

(3)

(4)

The preparation of a common policy on asylum,
including common European arrangements for asylum,
is a constituent part of the European Union's objective
of establishing progressively an area of freedom, security
and justice open to those who, forced by circumstances,
legitimately seek protection in the European Union.

Cases of mass influx of displaced persons who cannot
return to their country of origin have become more
substantial in Europe in recent years. In these cases it
may be necessary to set up exceptional schemes to offer
them immediate temporary protection.

In the conclusions relating to persons displaced by the
conflict in the former Yugoslavia adopted by the Minis-
ters responsible for immigration at their meetings in
London on 30 November and 1 December 1992 and
Copenhagen on 1 and 2 June 1993, the Member States
and the Community institutions expressed their concern
at the situation of displaced persons.

On 25 September 1995 the Council adopted a Resolu-
tion on burden-sharing with regard to the admission and
residence of displaced persons on a temporary basis (5),
and, on 4 March 1996, adopted Decision 96/198/JHA
on an alert and emergency procedure for burden-sharing

(1) OJ C 311 E, 31.10.2000, p. 251.
(2) Opinion delivered on 13 March 2001 (not yet published in the

Official Journal).

(3) OJ C 155, 29.5.2001, p. 21.
(4) Opinion delivered on 13 June 2001 (not yet published in the Offi-

cial Journal).

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

(5)

(6)

(7)

(8)

(9)

The Action Plan of the Council and the Commission of
3 December 1998 (7) provides for the rapid adoption, in
accordance with the Treaty of Amsterdam, of minimum
standards for giving temporary protection to displaced
persons from third countries who cannot return to their
country of origin and of measures promoting a balance
of effort between Member States
in receiving and
bearing the consequences of receiving displaced persons.

On 27 May 1999 the Council adopted conclusions on
displaced persons from Kosovo. These conclusions call
on the Commission and the Member States to learn the
lessons of their response to the Kosovo crisis in order to
establish the measures in accordance with the Treaty.

The European Council, at its special meeting in Tampere
on 15 and 16 October 1999, acknowledged the need to
reach agreement on the issue of temporary protection
for displaced persons on the basis of solidarity between
Member States.

It is therefore necessary to establish minimum standards
for giving temporary protection in the event of a mass
influx of displaced persons and to take measures to
promote a balance of efforts between the Member States
in receiving and bearing the consequences of receiving
such persons.

Those standards and measures are linked and interde-
pendent for reasons of effectiveness, coherence and soli-
darity and in order, in particular, to avert the risk of
secondary movements. They should therefore be enacted
in a single legal

instrument.

(10)

This temporary protection should be compatible with
the Member States' international obligations as regards
refugees. In particular, it must not prejudge the recogni-
tion of refugee status pursuant to the Geneva Conven-
tion of 28 July 1951 on the status of refugees, as
amended by the New York Protocol of 31 January 1967,
ratified by all the Member States.

(6) OJ L 63, 13.3.1996, p. 10.
(7) OJ C 19, 20.1.1999, p. 1.

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(11)

The mandate of the United Nations High Commissioner
for Refugees regarding refugees and other persons in
need of international protection should be respected,
and effect should be given to Declaration No 17,
annexed to the Final Act to the Treaty of Amsterdam, on
the Treaty establishing the European
Article 63 of
Community which provides that consultations are to be
established with the United Nations High Commissioner
for Refugees and other relevant
international organ-
isations on matters relating to asylum policy.

(19)

(20)

(12)

It is in the very nature of minimum standards that
Member States have the power to introduce or maintain
more favourable provisions for persons enjoying tempo-
rary protection in the event of a mass influx of displaced
persons.

(13) Given the exceptional character of the provisions estab-
lished by this Directive in order to deal with a mass
influx or imminent mass influx of displaced persons
from third countries who are unable to return to their
country of origin, the protection offered should be of
limited duration.

(14)

(15)

The existence of a mass influx of displaced persons
should be established by a Council Decision, which
should be binding in all Member States in relation to the
displaced persons to whom the Decision applies. The
conditions for the expiry of the Decision should also be
established.

The Member States' obligations as to the conditions of
reception and residence of persons enjoying temporary
protection in the event of a mass influx of displaced
persons should be determined. These obligations should
be fair and offer an adequate level of protection to those
concerned.

(16) With respect

to the treatment of persons enjoying
temporary protection under this Directive, the Member
States are bound by obligations under instruments of
law to which they are party and which
international
prohibit discrimination.

(17) Member States should, in concert with the Commission,
enforce adequate measures so that the processing of
personal data respects the standard of protection of
Directive 95/46/EC of the European Parliament and the
Council of 24 October 1995 on the protection of indi-
viduals with regard to the processing of personal data
and on the free movement of such data (1).

(18)

Rules should be laid down to govern access to the
asylum procedure in the context of temporary protec-
tion in the event of a mass influx of displaced persons,
in conformity with the Member States'
international
obligations and with the Treaty.

(1) OJ L 281, 23.11.1995, p. 31.

Provision should be made for principles and measures
governing the return to the country of origin and the
measures to be taken by Member States in respect of
persons whose temporary protection has ended.

Provision should be made for a solidarity mechanism
intended to contribute to the attainment of a balance of
effort between Member States in receiving and bearing
the consequences of receiving displaced persons in the
event of a mass influx. The mechanism should consist of
two components. The first is financial and the second
concerns the actual reception of persons in the Member
States.

(21)

The implementation of temporary protection should be
accompanied by administrative cooperation between the
Member States in liaison with the Commission.

(22)

It is necessary to determine criteria for the exclusion of
certain persons from temporary protection in the event
of a mass influx of displaced persons.

(23)

(24)

(25)

(26)

Since the objectives of the proposed action, namely to
establish minimum standards
for giving temporary
protection in the event of a mass influx of displaced
persons and measures promoting a balance of efforts
between the Member States in receiving and bearing the
consequences of receiving such persons, cannot be suffi-
ciently attained by the Member States and can therefore,
by reason of the scale or effects of the proposed action,
be better achieved at Community level, the Community
may adopt measures in accordance with the principle of
subsidiarity as set out in Article 5 of the Treaty. In
accordance with the principle of proportionality as set
out in that Article, this Directive does not go beyond
what is necessary in order to achieve those objectives.

In accordance with Article 3 of the Protocol on the
position of the United Kingdom and Ireland, annexed to
the Treaty on European Union and to the Treaty estab-
lishing the European Community, the United Kingdom
gave notice, by letter of 27 September 2000, of its wish
to take part in the adoption and application of this
Directive.

Pursuant to Article 1 of the said Protocol, Ireland is not
participating in the adoption of this Directive. Conse-
quently and without prejudice to Article 4 of the afore-
mentioned Protocol, the provisions of this Directive do
not apply to Ireland.

In accordance with Articles 1 and 2 of the Protocol on
the position of Denmark, annexed to the Treaty on
European Union and to the Treaty establishing the Euro-
pean Community, Denmark is not participating in the
adoption of this Directive, and is therefore not bound by
it nor subject to its application,

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HAS ADOPTED THIS DIRECTIVE:

CHAPTER I

General provisions

Article 1

The purpose of this Directive is to establish minimum stan-
dards for giving temporary protection in the event of a mass
influx of displaced persons from third countries who are
unable to return to their country of origin and to promote a
balance of effort between Member States in receiving and
bearing the consequences of receiving such persons.

Article 2

For the purposes of this Directive:

(a) ‘temporary protection’ means a procedure of exceptional
in the event of a mass influx or
character to provide,
imminent mass influx of displaced persons from third
countries who are unable to return to their country of
origin,
immediate and temporary protection to such
persons, in particular if there is also a risk that the asylum
system will be unable to process this influx without adverse
effects for its efficient operation,
in the interests of the
persons concerned and other persons requesting protec-
tion;

(b) ‘Geneva Convention’ means the Convention of 28 July
1951 relating to the status of refugees, as amended by the
New York Protocol of 31 January 1967;

(c) ‘displaced persons’ means third-country nationals or state-
less persons who have had to leave their country or region
of origin, or have been evacuated, in particular in response
to an appeal by international organisations, and are unable
to return in safe and durable conditions because of the
situation prevailing in that country, who may fall within
the scope of Article 1A of the Geneva Convention or other
international or national
instruments giving international
in particular:
protection,

(i) persons who have fled areas of armed conflict or

endemic violence;

(ii) persons at serious risk of, or who have been the victims
of, systematic or generalised violations of their human
rights;

(d) ‘mass influx’ means arrival in the Community of a large
number of displaced persons, who come from a specific
country or geographical area, whether their arrival in the
for example
Community was
through an evacuation programme;

spontaneous or aided,

(e) ‘refugees’ means third-country nationals or stateless persons
within the meaning of Article 1A of the Geneva Conven-
tion;

(f) ‘unaccompanied minors’ means third-country nationals or
stateless persons below the age of eighteen, who arrive on
the territory of the Member States unaccompanied by an
adult responsible for them whether by law or custom, and
for as long as they are not effectively taken into the care of
such a person, or minors who are left unaccompanied after
they have entered the territory of the Member States;

(g) ‘residence permit’ means any permit or authorisation issued
by the authorities of a Member State and taking the form
provided for in that State's legislation, allowing a third
country national or a stateless person to reside on its
territory;

(h) ‘sponsor’ means a third-country national enjoying tempo-
rary protection in a Member State in accordance with a
decision taken under Article 5 and who wants to be joined
by members of his or her family.

Article 3

Temporary protection shall not prejudge recognition of

1.
refugee status under the Geneva Convention.

2. Member States shall apply temporary protection with due
respect for human rights and fundamental freedoms and their
obligations regarding non-refoulement.

The establishment,

3.
implementation and termination of
temporary protection shall be the subject of regular consulta-
tions with the Office of the United Nations High Commissioner
for Refugees (UNHCR) and other relevant international organ-
isations.

This Directive shall not apply to persons who have been
4.
accepted under temporary protection schemes prior to its entry
into force.

This Directive shall not affect

the
5.
Member States to adopt or retain more favourable conditions
for persons covered by temporary protection.

the prerogative of

CHAPTER II

Duration and implementation of temporary protection

Article 4

1. Without prejudice to Article 6, the duration of temporary
protection shall be one year. Unless terminated under the terms
of Article 6(1)(b),
it may be extended automatically by six
monthly periods for a maximum of one year.

temporary protection persist,

2. Where reasons for
the
Council may decide by qualified majority, on a proposal from
the Commission, which shall also examine any request by a
Member State that it submit a proposal to the Council, to
extend that temporary protection by up to one year.

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Article 5

1.
The existence of a mass influx of displaced persons shall
be established by a Council Decision adopted by a qualified
majority on a proposal from the Commission, which shall also
it submit a
examine any request by a Member State that
proposal to the Council.

2.

The Commission proposal shall

include at least:

(a) a description of the specific groups of persons to whom the

temporary protection will apply;

(b) the date on which the temporary protection will take effect;

(c) an estimation of the scale of the movements of displaced

persons.

The Council Decision shall have the effect of introducing
3.
temporary protection for the displaced persons to which it
refers, in all the Member States, in accordance with the provi-
sions of this Directive. The Decision shall

include at least:

(a) a description of the specific groups of persons to whom the

temporary protection applies;

(b) the date on which the temporary protection will take effect;

(c) information received from Member States on their recep-

tion capacity;

(d) information from the Commission, UNHCR and other rele-

vant international organisations.

4.

The Council Decision shall be based on:

(a) an examination of the situation and the scale of the move-

ments of displaced persons;

(b) an assessment of the advisability of establishing temporary
protection, taking into account the potential for emergency
aid and action on the ground or the inadequacy of such
measures;

(c) information received from the Member States, the Commis-
international organ-

relevant

sion, UNHCR and other
isations.

The European Parliament

5.
Council Decision.

shall be informed of

the

Article 6

1.

Temporary protection shall come to an end:

(a) when the maximum duration has been reached; or

(b) at any time, by Council Decision adopted by a qualified
majority on a proposal from the Commission, which shall
also examine any request by a Member State that it submit
a proposal to the Council.

2.
The Council Decision shall be based on the establishment
of the fact that the situation in the country of origin is such as
to permit the safe and durable return of those granted tempo-

rary protection with due respect for human rights and funda-
mental
freedoms and Member States' obligations regarding
non-refoulement. The European Parliament shall be informed
of the Council Decision.

Article 7

1. Member States may extend temporary protection as
in this Directive to additional categories of
provided for
displaced persons over and above those to whom the Council
Decision provided for in Article 5 applies, where they are
displaced for the same reasons and from the same country or
region of origin. They shall notify the Council and the
Commission immediately.

2.
The provisions of Articles 24, 25 and 26 shall not apply
to the use of the possibility referred to in paragraph 1, with the
exception of the structural support included in the European
Refugee Fund set up by Decision 2000/596/EC (1), under the
conditions laid down in that Decision.

CHAPTER III

Obligations of

the Member States

towards persons

enjoying temporary protection

Article 8

1.
The Member States shall adopt the necessary measures to
provide persons enjoying temporary protection with residence
permits for the entire duration of the protection. Documents or
other equivalent evidence shall be issued for that purpose.

2. Whatever the period of validity of the residence permits
referred to in paragraph 1,
the treatment granted by the
Member States to persons enjoying temporary protection may
not be less favourable than that set out in Articles 9 to 16.

The Member States shall, if necessary, provide persons to
3.
be admitted to their territory for the purposes of temporary
protection with every facility for obtaining the necessary visas,
including transit visas. Formalities must be reduced to a
minimum because of the urgency of the situation. Visas should
be free of charge or their cost reduced to a minimum.

Article 9

The Member States shall provide persons enjoying temporary
protection with a document, in a language likely to be under-
stood by them, in which the provisions relating to temporary
protection and which are relevant to them are clearly set out.

Article 10

To enable the effective application of the Council Decision
referred to in Article 5, Member States shall register the
personal data referred to in Annex II, point (a), with respect to
the persons enjoying temporary protection on their territory.

(1) OJ L 252, 6.10.2000, p. 12.

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Article 11

Member State The Member States may stipulate that such
access must be confined to the state education system.

A Member State shall take back a person enjoying temporary
protection on its territory, if the said person remains on, or,
the territory of
seeks to enter without authorisation onto,
another Member State during the period covered by the
Council Decision referred to in Article 5. Member States may,
on the basis of a bilateral agreement, decide that this Article
should not apply.

Article 12

The Member States shall authorise, for a period not exceeding
that of
temporary protection, persons enjoying temporary
protection to engage in employed or self-employed activities,
subject to rules applicable to the profession, as well as in
activities such as educational opportunities for adults, voca-
tional training and practical workplace experience. For reasons
of labour market policies, Member States may give priority to
EU citizens and citizens of States bound by the Agreement on
the European Economic Area and also to legally resident third-
country nationals who receive unemployment benefit. The
general law in force in the Member States applicable to remu-
neration, access to social security systems relating to employed
or self-employed activities and other conditions of employment
shall apply.

Article 13

1.
The Member States shall ensure that persons enjoying
temporary protection have access to suitable accommodation
if necessary, receive the means to obtain housing.
or,

2.
The Member States shall make provision for persons
enjoying temporary protection to receive necessary assistance
in terms of social welfare and means of subsistence, if they do
not have sufficient resources, as well as for medical care.
Without prejudice to paragraph 4, the assistance necessary for
medical care shall include at least emergency care and essential
treatment of illness.

3. Where persons
enjoying temporary protection are
engaged in employed or self-employed activities, account shall
be taken, when fixing the proposed level of aid, of their ability
to meet their own needs.

4.
The Member States shall provide necessary medical or
other assistance to persons enjoying temporary protection who
have special needs, such as unaccompanied minors or persons
who have undergone torture, rape or other serious forms of
psychological, physical or sexual violence.

The Member States may allow adults enjoying temporary

2.
protection access to the general education system.

Article 15

For the purpose of this Article, in cases where families
1.
already existed in the country of origin and were separated due
to circumstances surrounding the mass influx, the following
persons shall be considered to be part of a family:

(a) the spouse of the sponsor or his/her unmarried partner in a
stable relationship, where the legislation or practice of the
Member State concerned treats unmarried couples in a way
comparable to married couples under its law relating to
aliens; the minor unmarried children of the sponsor or of
his/her spouse, without distinction as to whether they were
born in or out of wedlock or adopted;

(b) other close relatives who lived together as part of the
family unit at the time of the events leading to the mass
influx, and who were wholly or mainly dependent on the
sponsor at the time.

2.
In cases where the separate family members enjoy tempo-
rary protection in different Member States, Member States shall
reunite family members where they are satisfied that the family
members fall under the description of paragraph 1(a), taking
into account the wish of the said family members. Member
States may reunite family members where they are satisfied that
the family members fall under the description of paragraph
1(b), taking into account on a case by case basis the extreme
hardship they would face if the reunification did not take place.

3. Where the sponsor enjoys temporary protection in one
Member State and one or some family members are not yet in
a Member State, the Member State where the sponsor enjoys
temporary protection shall reunite family members, who are in
need of protection, with the sponsor in the case of family
members where it is satisfied that they fall under the descrip-
tion of paragraph 1(a). The Member State may reunite family
members, who are in need of protection, with the sponsor in
the case of family members where it is satisfied that they fall
under the description of paragraph 1(b), taking into account on
a case by case basis the extreme hardship which they would
face if the reunification did not take place.

Article 14

4. When applying this Article,
taken into consideration the best interests of the child.

the Member States shall

1.
The Member States shall grant to persons under 18 years
of age enjoying temporary protection access to the education
system under the same conditions as nationals of the host

5.
The Member States
account of Articles 25 and 26,
reunification shall take place.

concerned shall decide,

taking
in which Member State the

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Reunited family members shall be granted residence
6.
permits under temporary protection. Documents or other
equivalent evidence shall be issued for that purpose. Transfers
of family members onto the territory of another Member State
for the purposes of reunification under paragraph 2, shall result
in the withdrawal of the residence permits issued, and the
termination of the obligations towards the persons concerned
relating to temporary protection, in the Member State of depar-
ture.

7.
The practical implementation of this Article may involve
cooperation with the international organisations concerned.

Article 18

The criteria and mechanisms for deciding which Member State
is responsible for considering an asylum application shall
apply. In particular, the Member State responsible for exam-
ining an asylum application submitted by a person enjoying
temporary protection pursuant to this Directive, shall be the
Member State which has accepted his transfer onto its territory.

Article 19

A Member State shall, at the request of another Member
8.
State, provide information, as set out in Annex II, on a person
receiving temporary protection which is needed to process a
matter under this Article.

The Member States may provide that temporary protec-
1.
tion may not be enjoyed concurrently with the status of asylum
seeker while applications are under consideration.

Article 16

The Member States shall as soon as possible take meas-
1.
ures to ensure the necessary representation of unaccompanied
minors enjoying temporary protection by legal guardianship,
or, where necessary, representation by an organisation which is
responsible for the care and well-being of minors, or by any
other appropriate representation.

During the period of

2.
temporary protection Member
States shall provide for unaccompanied minors to be placed:

(a) with adult relatives;

(b) with a foster-family;

(c) in reception centres with special provisions for minors, or

in other accommodation suitable for minors;

(d) with the person who looked after the child when fleeing.

The Member States shall take the necessary steps to enable the
placement. Agreement by the adult person or persons
concerned shall be established by the Member States. The views
of the child shall be taken into account in accordance with the
age and maturity of the child.

CHAPTER IV

Access to the asylum procedure in the context of tempo-
rary protection

Article 17

2. Where, after an asylum application has been examined,
refugee status or, where applicable, other kind of protection is
not granted to a person eligible for or enjoying temporary
protection,
the Member States shall, without prejudice to
Article 28, provide for that person to enjoy or to continue to
enjoy temporary protection for the remainder of the period of
protection.

CHAPTER V

Return and measures after temporary protection has
ended

Article 20

When the temporary protection ends, the general
laws on
protection and on aliens in the Member States shall apply,
without prejudice to Articles 21, 22 and 23.

Article 21

1.
The Member States shall take the measures necessary to
make possible the voluntary return of persons enjoying tempo-
rary protection or whose temporary protection has ended. The
the provisions governing
Member States shall ensure that
voluntary return of persons enjoying temporary protection
facilitate their return with respect for human dignity.

those
The Member State shall ensure that
persons to return is taken in full knowledge of the facts. The
Member States may provide for exploratory visits.

the decision of

Persons enjoying temporary protection must be able to

1.
lodge an application for asylum at any time.

2.
The examination of any asylum application not processed
before the end of the period of temporary protection shall be
completed after the end of that period.

For such time as the temporary protection has not ended,
2.
the Member States shall, on the basis of the circumstances
prevailing in the country of origin, give favourable considera-
tion to requests for return to the host Member State from
persons who have enjoyed temporary protection and exercised
their right to a voluntary return.

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At the end of the temporary protection, the Member
3.
States may provide for the obligations laid down in CHAPTER
III to be extended individually to persons who have been
covered by temporary protection and are benefiting from a
voluntary return programme. The extension shall have effect
until the date of return.

Article 22

1.
The Member States shall take the measures necessary to
ensure that the enforced return of persons whose temporary
protection has ended and who are not eligible for admission is
conducted with due respect for human dignity.

2.
In cases of enforced return, Member States shall consider
any compelling humanitarian reasons which may make return
impossible or unreasonable in specific cases.

Article 23

The Member States shall take the necessary measures
1.
concerning the conditions of residence of persons who have
enjoyed temporary protection and who cannot, in view of their
state of health, reasonably be expected to travel; where for
example they would suffer serious negative effects if
their
treatment was interrupted. They shall not be expelled so long
as that situation continues.

2.
The Member States may allow families whose children are
minors and attend school in a Member State to benefit from
residence conditions allowing the children concerned to
complete the current school period.

CHAPTER VI

Solidarity

Article 24

The measures provided for in this Directive shall benefit from
the European Refugee Fund set up by Decision 2000/596/EC,
under the terms laid down in that Decision.

Article 25

1.
The Member States shall receive persons who are eligible
for temporary protection in a spirit of Community solidarity.
indicate – in figures or in general terms – their
They shall
capacity to receive such persons. This information shall be set
out in the Council Decision referred to in Article 5. After that
Decision has been adopted, the Member States may indicate
additional reception capacity by notifying the Council and the
Commission. This information shall be passed on swiftly to
UNHCR.

2.
The Member States concerned, acting in cooperation with
the competent international organisations, shall ensure that the
eligible persons defined in the Council Decision referred to in

Article 5, who have not yet arrived in the Community have
expressed their will to be received onto their territory.

3. When the number of those who are eligible for tempo-
rary protection following a sudden and massive influx exceeds
the reception capacity referred to in paragraph 1, the Council
shall, as a matter of urgency, examine the situation and take
appropriate action, including recommending additional support
for Member States affected.

Article 26

For

the duration of

the temporary protection,

the
1.
Member States shall cooperate with each other with regard to
transferral of
the residence of persons enjoying temporary
protection from one Member State to another, subject to the
consent of the persons concerned to such transferral.

2.
A Member State shall communicate requests for transfers
to the other Member States and notify the Commission and
UNHCR. The Member States shall
inform the requesting
Member State of their capacity for receiving transferees.

3.
A Member State shall, at the request of another Member
State, provide information, as set out in Annex II, on a person
enjoying temporary protection which is needed to process a
matter under this Article.

4. Where a transfer is made from one Member State to
another, the residence permit in the Member State of departure
shall expire and the obligations towards the persons concerned
relating to temporary protection in the Member State of depar-
ture shall come to an end. The new host Member State shall
grant temporary protection to the persons concerned.

The Member States shall use the model pass set out in
for transfers between Member States of persons

5.
Annex I
enjoying temporary protection.

CHAPTER VII

Administrative cooperation

Article 27

For

the purposes of

temporary protection,

the administrative cooperation
1.
required to implement
the Member
States shall each appoint a national contact point, whose
address they shall communicate to each other and to the
in liaison with the
Commission. The Member States shall,
Commission, take all the appropriate measures to establish
direct cooperation and an exchange of information between
the competent authorities.

2.
The Member States shall, regularly and as quickly as
possible, communicate data concerning the number of persons
enjoying temporary protection and full
information on the
national
and administrative provisions
relating to the implementation of temporary protection.

regulations

laws,

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CHAPTER VIII

Special provisions

Article 28

The Member States may exclude a person from tempo-

1.
rary protection if:

(a) there are serious reasons for considering that:

(i) he or she has committed a crime against peace, a war
crime, or a crime against humanity, as defined in the
international instruments drawn up to make provision
in respect of such crimes;

(ii) he or she has committed a serious non-political crime
outside the Member State of reception prior to his or
her admission to that Member State as a person
the
enjoying temporary protection. The severity of
expected persecution is to be weighed against
the
nature of the criminal offence of which the person
concerned is suspected. Particularly cruel actions, even
if committed with an allegedly political objective, may
be classified as
serious non-political crimes. This
applies both to the participants in the crime and to its
instigators;

(iii) he or she has been guilty of acts contrary to the
purposes and principles of the United Nations;

(b) there are reasonable grounds for regarding him or her as a
danger to the security of the host Member State or, having
been convicted by a final judgment of a particularly serious
crime, he or she is a danger to the community of the host
Member State.

2.
The grounds for exclusion referred to in paragraph 1
shall be based solely on the personal conduct of the person
concerned. Exclusion decisions or measures shall be based on
the principle of proportionality.

CHAPTER IX

Final provisions

Article 29

Article 30

The Member States shall lay down the rules on penalties applic-
able to infringements of
the national provisions adopted
pursuant to this Directive and shall take all measures necessary
to ensure that they are implemented. The penalties provided
for must be effective, proportionate and dissuasive.

Article 31

Not later than two years after the date specified in Article
1.
32, the Commission shall report to the European Parliament
and the Council on the application of this Directive in the
Member States and shall propose any amendments that are
necessary. The Member States shall send the Commission all
the information that is appropriate for drawing up this report.

2.
After presenting the report referred to at paragraph 1, the
Commission shall report to the European Parliament and the
Council on the application of this Directive in the Member
States at least every five years.

Article 32

1.
The Member States shall bring into force the laws, regula-
tions and administrative provisions necessary to comply with
this Directive by 31 December 2002 at the latest. They shall
forthwith inform the Commission thereof.

2. When the Member States adopt these measures, they shall
contain a reference to this Directive or shall be accompanied by
such reference on the occasion of their official publication. The
methods of making such a reference shall be laid down by the
Member States.

Article 33

This Directive shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities.

Article 34

This Directive is addressed to the Member States in accordance
with the Treaty establishing the European Community.

Done at Brussels, 20 July 2001.

Persons who have been excluded from the benefit of temporary
protection or family reunification by a Member State shall be
entitled to mount a legal challenge in the Member State
concerned.

For the Council

The President

J. VANDE LANOTTE

7.8.2001

EN

Official Journal of the European Communities

L 212/21

ANNEX I

7.8.2001

EN

Official Journal of the European Communities

L 212/23

ANNEX II

The information referred to in Articles 10, 15 and 26 of the Directive includes to the extent necessary one or more of the
following documents or data:

(a) personal data on the person concerned (name, nationality, date and place of birth, marital status, family relationship);

(b) identity documents and travel documents of the person concerned;

(c) documents concerning evidence of family ties (marriage certificate, birth certificate, certificate of adoption);

(d) other information essential to establish the person's identity or family relationship;

(e) residence permits, visas or residence permit refusal decisions issued to the person concerned by the Member State, and

documents forming the basis of decisions;

(f) residence permit and visa applications lodged by the person concerned and pending in the Member State, and the

stage reached in the processing of these.

The providing Member State shall notify any corrected information to the requesting Member State.