Commission Opinion on the request from Ireland to accept the Directive 2001/55/EC 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 consequence thereof
Date: 2003-08-06
Institutions: European Commission
Subjects: Ireland, aid to refugees, forced migration, human rights, migration control, migration policy, right of asylum













EUR-Lex - 52003SC0907 - EN






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52003SC0907

Commission opinion on the request from Ireland to accept the Directive 2001/55/EC 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 consequence thereof  /* SEC/2003/0907 final */  









COMMISSION OPINION on the request from Ireland to accept the Directive 2001/55/EC 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 consequence thereofI. Introduction1. On 20 July 2001, the Council adopted Directive 2001/55/EC 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 (hereinafter referred to as Directive 2001/55) [1]. Pursuant to Article 1 of the Protocol on the position of the United Kingdom and Ireland, Ireland did not participate in the adoption of the said Directive.[1]  OJ L 212 of 7 August 2001, p. 12-212. However, by virtue of Article 4 of the said Protocol "Ireland may at any time after the adoption of a measure by the Council pursuant to Title IV (ex Title IIIA) of the Treaty establishing the European Community notify its intention to the Council and to the Commission that it wishes to accept that measure. In that case, the procedure provided for in Article 11A (ex Article 5a(3)) of the Treaty establishing the European Community shall apply mutatis mutandis".3. By letter of 11 April 2003, received by the Commission on 6 May 2003, Ireland notified the Commission that it wishes to accept Directive 2001/55/EC.4. In accordance with Article 11A of the Treaty establishing the European Community "any Member State that wishes to participate in enhanced cooperation established in accordance with Article 11 shall notify its intention to the Council and to the Commission, which shall give an opinion to the Council within three months of the date of receipt of that notification. Within four months of the date of receipt of that notification, the Commission shall take a decision on it, and on such specific arrangements as it may deem necessary."5. In accordance with the terms of the said Article, the Commission gives the following opinion to the Council.II . OpinionThe Commission welcomes the request from Ireland to accept Directive 2001/55/EC which is an important element of the Community asylum policy and it would therefore give a positive opinion on the said participation.As a specific arrangement the Commission is of the view that the Directive should enter into force for Ireland on the day of the notification to Ireland of the Commission's Decision on its request and further that Ireland should bring into force the laws, regulations and administrative provisions necessary to comply with Directive 2001/55/EC by 31 December 2003 at the latest.