Activites

• 2004/08/06 Additional information
• 1999/05/01 End of procedure in Parliament
• #2146
• 1998/12/03 Council Meeting
  • 2146
• 1998/11/20 Decision by Parliament, 1st reading/single reading
  • T4-0693/1998 summary

    In adopting the report by Mr Jan WIEBENGA (ELDR, NL) on the second consultation of Parliament on temporary protection of displaced persons, Parliament particularly stressed the following points: -the joint action must be regarded as supplementing the Geneva Convention and be invoked only in emergencies where there was a sudden mass influx into the European Union of refugees requiring international protection; -the duration and extent of temporary protection would be geared to the situation (as regards duration, Parliament particularly suggested that it should not exceed a total of 5 years); -priority would be assigned to voluntary repatriation, when it came to organising the return of displaced persons, in strict conformity with human dignity and in close cooperation with the international organisations concerned, and in particular the United Nations High Commissioner for Refugees; -a distinction was to be made between the concept of 'a balance between the efforts of the Member States' and 'solidarity' (Parliament saw the European Refugee Fund as the instrument of this Community solidarity); -the Council was called upon to provide a more precise definition for the adoption of long-term protection measures based on the report by the Commission on the consequences of the automatic expiry of a temporary protection regime; -those to be afforded temporary protection would be distributed in accordance with a formula determined between the Member States, taking account of their economic situation, area and reception capacity; -Parliament would be consulted on measures to apply the joint action. Parliament stressed that beneficiaries of temporary protection must be duly informed in their language and in the language of the host country. Nobody could be returned to a country where he might be tortured or subjected to other inhumane treatment.�

• 1998/11/19 Debate in Parliament
  • Debate in Parliament
• 1998/10/27 Committee report tabled for plenary, reconsultation
  • A4-0399/1998
• 1998/10/27 Vote in committee, 1st reading/single reading
• 1998/07/23 Formal reconsultation of Parliament
• 1998/06/24 Amended legislative proposal for reconsultation published
  • COM(1998)0372 summary

    The Commission has presented an amended proposal for joint action concerning temporary protection of displaced persons to take account of discussions and exchanges of views in the Council on this question and Parliament's opinion of 23 October 1997. Firstly, in the light of discussions in the Council, it seems appropriate to divide the proposal into two sections to enable the Council to continue its work and to move forward from a major point which is currently blocking the proposal, the principle of solidarity of joint action involving sharing the burden (including the financial burden) of temporary refugees between Member States. The controversial matter of sharing the burden of the temporary protection mechanism has been separated from this revised version and is contained in a new proposal (CNS98222) with the two sections of the same text normally coming into force simultaneously. Among the major amendments to the initial text (apart from division of the text with regard to the financial provisions) are: - more precise definitions of the field of application: the temporary protection regime will apply 'in the event of a mass flight of persons' and will not prejudice possible recognition of refugee status in future, - some subsidiarity elements (the Member States are free to take national measures as long as the Council has decided to apply joint action; they also have to decide whether to authorise beneficiaries to remain on their territory or to grant them a temporary work permit), - more details on review and phasing out of the temporary protection scheme, - some derogations (in particular with regard to authorisation to remain on the territory of a Member State: this may be refused on grounds of public security and public order), - the link with refugee status (another controversial point in the proposal): if a beneficiary under the scheme applies for asylum, the application must be examined in accordance with the national law and pursuant to the Dublin Convention on determination of the Member State responsible for an asylum applications; Member States are authorised to suspend examination of an asylum application for five years; if asylum is not granted on completion of the procedure, the applicant is nevertheless still covered by the temporary protection scheme as long as the situation is in line with that described in the joint action; an asylum seeker may not combine the advantages of the two systems (they are either refugees or beneficiaries of temporary protection); - limitation of benefit: financial support is to be granted to beneficiaries under this scheme where they have no income. The Commission has also incorporated, either in letter or in spirit, ten of the 22 amendments adopted by Parliament: - geographical region and place of origin of displaced persons: this must correspond to the area adjacent to the geographical region from which the displaced persons come; - reference to the European Convention of Human Rights; - duration of temporary protection: five years at most; - content of reports presented by the Commission (these must include the social implications of temporary protection in the Member States); - specific measures with regard to unaccompanied minors; - information to be submitted to Parliament. �

• 1997/10/23 Decision by Parliament, 1st reading/single reading
  • T4-0509/1997 summary

    In adopting the report by Mr Jan Kees WIEBENGA (ELDR, NL) on the protection of displaced persons, Parliament approved the proposal for a Joint Action with the following amendments: - the granting of financial compensation for countries assuming the heaviest responsibility in the event of a mass influx of persons into their territory, with a view to a better sharing of the burden between Member States. Should this not be sufficient, Parliament proposed that persons in need of international protection before or on arrival in the Union should be allocated to the Member States on the basis of the distribution key to be defined, - a maximum of five years for the duration of the protection regime, - application of the provisions of the Joint Action in strict compliance with the European Convention for the Protection of Human Rights of 1950. The Joint Action is moreover a complement of the Geneva Convention. - the prior consultation of Parliament on the implementation measures under the Joint Action. - the provision to beneficiaries of the temporary protection regime of information on their rights and obligations in their own language and in the language of the host country. With regard to rights Parliament stipulated that, as far as possible, the beneficiaries should obtain the right to family reunification for their spouses and under-age children (Parliament also proposed specific assistance for that). -the return of displaced persons to their country of origin, on condition that their safety and respect for their fundamental rights are guaranteed, - refusal of the temporary protection regime for the same reasons as those given in the Geneva Convention on refugees (the Commission confined itself to a list of crimes such as crimes against humanity and serious non-political crimes).�

• 1997/10/22 Debate in Parliament
  • Debate in Parliament
• 1997/09/23 Vote in committee, 1st reading/single reading
  • A4-0284/1997
• 1997/06/09 Committee referral announced in Parliament, 1st reading/single reading
• #2008
• 1997/05/26 Council Meeting
  • 2008
• 1997/03/05 Legislative proposal published
  • COM(1997)0093 summary

    OBJECTIVE: to bring together the existing national policies and practices with regard to the temporary protection of displaced persons in the Member States and to step up cooperation in this field through a Joint Action. SUBSTANCE: the proposal for a Joint Action seeks to set up a single legal framework - the temporary protection regime - which can be used in any crises occurring following the large-scale displacement of people in Europe. The aim is to encourage greater approximation of the existing national policies and practices in this field and to increase cooperation between the Member States. A fair sharing of responsibilities between the Member States is provided for (in particular with regard to the distribution of people fleeing from regions in crisis and to the financial implications). The measure makes provision specifically that, in the case of the mass influx of persons in need of international protection, the Council decides by a qualified majority to establish a temporary protection regime setting for these persons the minimum rights enabling them to live with dignity on the territory of the Community (housing, work, access to schools, family reunification, social assistance, care) without discrimination. To this end a common procedure is provided for establishing and phasing out the temporary protection regime. The regime is reviewed each year and at least six months before its end on the basis of a Commission report to be submitted to the European Parliament and the Council. In drawing up its report the Commission will take into account the situation in the country of origin, the application of the regime in the Member States and its financial implications. If the Council decides to phase out gradually the temporary protection regime the displaced persons will be returned to their country of origin. In organizing the return priority will be given to voluntary repatriation. The proposal also makes provision that the examination of an application for asylum introduced by a beneficiary of the temporary protection regime may not be postponed for more than five years from the date of the beginning of the regime. The provision contains an exclusion clause: the temporary protection regime may be refused to anyone with respect to whom there are reasons for considering that he or she has committed a crime against peace, a war crime, a crime against humanity or other serious non-political crimes. This regime may also be refused to any person who could be regarded as a danger to the security of the Member State where the regime has been implemented. After five years of a temporary protection regime the Member States should examine whether long-term measures should be introduced for beneficiaries of this regime. �

Documents

• Legislative proposal published: COM(1997)0093
• Debate in Council: 2008
• Committee report tabled for plenary, 1st reading/single reading: A4-0284/1997
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 1st reading/single reading: T4-0509/1997
• Amended legislative proposal for reconsultation published: COM(1998)0372
• Committee report tabled for plenary, reconsultation: A4-0399/1998
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 1st reading/single reading: T4-0693/1998
• Debate in Council: 2146

History

(these mark the time of scraping, not the official date of the change)