You are on page 1of 2

C 268/22 EN Official Journal of the European Communities 27.8.

98

ORIGINAL PROPOSAL AMENDED PROPOSAL

Article 14

Final provision

This Joint Action shall enter into force on the day of its This Joint Action shall be published in the Official
publication in the Official Journal of the European Journal of the European Communities as soon as it is
Communities. adopted by the Council. It shall enter into force on the
same date as the Joint Action concerning solidarity in the
admission and residence of beneficiaries of the
temporary protection of displaced persons.

Proposal for a Joint Action concerning solidarity in the admission and residence of beneficiaries
of the temporary protection of displaced persons

(98/C 268/14)

(Text with EEA relevance)

COM(1998) 372 final — 98/0222(CNS)

(Submitted by the Commission pursuant to Article K.3(2)(b) of the Treaty on European Union on
26 June 1998)

THE COUNCIL OF THE EUROPEAN UNION, Whereas the Joint Action concerning temporary
protection of displaced persons increases the importance
of supplementing the Member States’ efforts with
Having regard to the Treaty on European Union and in measures aiming at greater solidarity;
particular Article K.3(2)(b) thereof,

Whereas the principle of solidarity must find expression
Having regard to the proposal from the Commission,
in concrete measures designed to help the Member States
particularly affected by the admission of beneficiaries of
temporary protection;
Having regard to the opinion of the European
Parliament,

Whereas this solidarity should principally take the form
Whereas, pursuant to Article K.1(1) of the Treaty on of financial assistance, both to contribute to emergency
European Union, asylum policy is regarded as a matter measures and to promote reception projects, particularly
of common interest for the Member States; those involving accommodation and social assistance;

Whereas, since its resolution of 25 September 1995 on
Whereas, as a subsidiary point, equitable burden-sharing
burden-sharing with regard to the admission and
may also lead to a distribution between Member States
residence of displaced persons on a temporary basisØ(Î),
of the beneficiaries of temporary protection; whereas,
the Council has recognised the importance of adopting
however, this distribution concerns people only before or
measures of solidarity to allow a more equitable
on their arrival in a Member State of the Union;
distribution of efforts;

Whereas decisions on the implementation of these soli-
(Î)ÙOJ C 262, 7.10.1995, p. 1. darity measures must be adopted unanimously;
27.8.98 EN Official Journal of the European Communities C 268/23

Whereas this Joint Action must enter into force on the (b) a contribution to projects for beneficiaries of
same date as that concerning temporary protection of temporary protection, in particular the costs of
displaced persons, accommodation, social assistance and education
under Article 9 of the Joint Action on temporary
protection.
HAS ADOPTED THIS JOINT ACTION:

Article 1 Article 4
General provisions Other assistance

1.ÚÙThis Joint Action shall apply to the beneficiaries The decision provided for by Article 2(1) may also, as a
under a temporary protection regime provided for by secondary measure, define the rules allowing the benefi-
Articles 3 and 4 of the Joint Action on temporary ciaries of temporary protection to be distributed between
protection of displaced persons (hereinafter referred to Member States, before or on arrival in the territory of
as ‘the temporary protection regime’). the Member States.

2.ÚÙMember States shall implement this Joint Action in This potential distribution shall not affect the rules of the
compliance with the European Convention for the Dublin Convention of 15 June 1990Ø(Î), unless the
Protection of Human Rights and Fundamental Freedoms Member States decide to suspend the examination of
of 4 November 1950. such applications for asylum under the conditions set out
by the second subparagraph of Article 10(1) of the Joint
Action on temporary protection.
Article 2
Principle of solidarity
Article 5
1.ÚÙWhen temporary protection regimes are adopted, Transparency
or on the basis of the report referred to in Article 4 of
the Joint Action on temporary protection, the Council 1.ÚÙThe European Parliament shall be informed
may, acting unanimously on the initiative of a Member forthwith of the implementing measures adopted
State or of the Commission, adopt decisions pursuant to this Joint Action.
implementing solidarity mechanisms providing for
assistance to the Member States particularly affected by
the admission of beneficiaries of temporary protection. 2.ÚÙThe implementing measures adopted pursuant to
this Joint Action shall be published in the Official Journal
of the European Communities as soon as they are adopted
2.ÚÙThe opinion of the Office of the United Nations
by the Council.
High Commissioner for Refugees shall be sought before
the Council adopts the decision.
Article 6
Article 3 Final provisions
Financial assistance
This Joint Action shall be published in the Official
The decision provided for by Article 2(1) of this Joint Journal of the European Communities as soon as it is
Action principally involves the granting of financial adopted by the Council.
assistance from the Community budget designed to cover
certain costs generated by the admission of beneficiaries It shall enter into force on the day of its publication, or,
of temporary protection. The financial assistance may it the Joint Action on temporary protection has not yet
assume the following forms: been published, on the day when the latter is so
published.
(a)Ùa contribution to provisional accommodation, means
of subsistence and emergency medical assistance
requirements for the first three months of the
temporary regime; and/or (Î)ÙOJ C 254, 19.8.1997, p. 1.