L 212/12 Official Journal of the European Communities 7.8.2001 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 (°). Having regard to the Treaty establishing the European Community, and in particular point 2(a) and (b) of Article 63 thereof, (5 The Action Plan of the Council and the Commission of 3 December 1998 (') 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. Having regard to the proposal from the Commission (') Having regard to the opinion of the European Parliament (%), Having regard to the opinion of the Economic and Social Committee (%), (6)  On 27 May 1999 the Council adopted conclusions on Having regard to the opinion of the Committee of the displaced persons from Kosovo. These conclusions call Regions (), 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. Whereas: (1)  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. 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. (2)  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. (8) 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. (3)  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 (9)  Those standards and measures are linked and interde- Copenhagen on 1 and 2 June 1993, the Member States pendent for reasons of effectiveness, coherence and soli- and the Community institutions expressed their concern darity and in order, in particular, to avert the risk of at the situation of displaced persons. secondary movements. They should therefore be enacted in a single legal instrument. (4)  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 (°), (10)  This temporary protection should be compatible with and, on 4 March 1996, adopted Decision 96/198/JHA the Member States' international obligations as regards on an alert and emergency procedure for burden-sharing refugees. In particular, it must not prejudge the recogni- tion of refugee status pursuant to the Geneva Conven- () O] C 311 E, 31.10.2000, p. 251. tion of 28 July 1951 on the status of refugees, as (*) Opinion delivered on 13 March 2001 (not yet published in the amended by the New York Protocol of 31 January 1967, Official Journal). ratified by all the Member States. () O] C 155, 29.5.2001, p. 21. (*) Opinion delivered on 13 June 2001 (not yet published in the Offi- cial Journal). % O] L 63, 13.3.1996, p. 10. () O] C 262, 7.10.1995, p. 1. 0] C 19, 20.1.1999, p. 1. ) -