Amended proposal for a Council Decision on a Joint Action adopted by the Council on the basis of Article K.3 of the Treaty on European Union establishing measures to provide pratical support in relation to the reception and the voluntary repatriation of refugees, displaced persons and asylum applicants, including emergency assistance to persons who have fled as a result of recent events in Kosovo
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 13. 04. 1999 COM(1999) 181 final 98/0357 (CNS) Amended proposal for a COUNCIL DECISION on a Joint Action adopted by the Council on the basis of Article K. 3 of the Treaty on European Union establishing measures to provide practical support in relation to the reception and the voluntary repatriation of refugees, displaced persons and asylum applicants, including emergency assistance to persons who have fled as a result of recent events in Kosovo (presented by the Commission pursuant to Article 189 a (2) of the EC-Treaty) EXPLANATORY MEMORANDUM On 16 December 1998, the Commission put forward a proposal for a legal basis for budget line B5-803 on the reception and voluntary repatriation of refugees, displaced persons and asylum applicants In response to recent events in Kosovo, an extraordinary meeting of the Council (Justice and Home Affairs) was held on 7 April 1999. Presidency conclusion of that Council states that: «It (the Council) invites the Commission to come forward with a proposal which would enable financial assistance to be provided from the Community budget, if needed, to those Member States which agree to accept refugees from the conflict region ». The Commission therefore proposed to amend its original proposal to make specific provision for emergency assistance in Member States which receive a significant number of displaced persons, asylum applicants and refugees who have fled from Kosovo as a result of recent events in that region. These changes are fully in line with the budgetary commentary on budget line B5-803, and with the report of the rapporteur in the Civil Liberties Committee of the European Parliament on the Comission's original proposal. 1 Proposal for a Council Decision on a Joint Action adopted by the Council on the basis of Article K3 of the Treaty on European Union establishing measures to provide practical support in relation to the reception and voluntary repatriation of refugees, displaced personsand asylum applicatns, COM( 1998)733 final Amended Proposal for a COUNCIL DECISION on a Joint Action adopted by the Council on the basis of Article K. 3 of the Treaty on European Union establishing measures to provide practical support in relation to the reception and the voluntary repatriation of refugees, displaced persons and asylum applicants, including emergency assistance to persons who have fled as a result of recent events in Kosovo THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union and, in particular, Articles K. 3(2)(b) and K. 8(2) thereof, Having regard to the proposal from the Commission( ), Having regard to the opinion of the European Parliament ), (l)Whereas, pursuant to Article K. 1 of the Treaty, asylum policy is regarded as a matter of common interest by the Member States; (2)Whereas it is important to grant refugees appropriate protection, in keeping with Member States' common humanitarian tradition and in accordance with the Convention relating to the Status of Refugees of 28 July 1951, as amended by the New York Protocol of 31 January 1967; (3)Whereas account should be taken of the Member States' obligations under the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950; (4)Whereas it is necessary to ensure appropriate conditions for the reception of asylum applicants, and to facilitate access to asylum procedures which are fair and efficient, in order to protect the rights of refugees; (5)Whereas it is necessary to provide practical support in order to create or improve the conditions in which refugees, displaced persons and asylum applicants who wish to return from the Member States to their countries of origin are able to do so; (5a)Whereas it may be necessary to provide emergency assistance for the reception in the Member States of the European Union of displaced persons, asylum applicants and refugees who have fled from Kosovo as a result of recent events in that region or who have fled from other regions in comparable circumstances; (5b)Whereas it is useful to promote the exchange of good practice and comparable experience in order to develop new synergies which cannot be achieved at national levels; (6)Whereas it is appropriate to provide for financing from the Community budget for measures adopted under this Joint Action; (7)Whereas taking joint action in relation to the reception of asylum applicants and displaced persons and the voluntary repatriation of asylum applicants, displaced persons and refugees will promote the sharing of responsibility and the reinforcement of cooperation between the Member States, HAS ADOPTED THIS JOINT ACTION: 0 0 OJ. OJ. CHAPTER I OBJECT AND SCOPE Article 1 Principles and objectives of the measures l. The Union shall support projects and measures in relation to the reception and the voluntary repatriation of refugees, displaced persons and asylum applicants, which shall qualify for Community financial support. 2. The general objectives of the projects and measures shall be: (a) to improve the conditions in which asylum applicants, displaced persons and refugees are received in the Member States, and to support asylum procedures which are fair, efficient and accessible to persons in need of international protection; (b) to assist the voluntary repatriation of asylum applicants, displaced persons and refugees from the Member States to their countries of origin, and their reintegration there. 3. Measures taken under this joint action may also include emergency assistance in Member States which receive a significant number of displaced persons, asylum applicants and refugees who have fled from Kosovo as a result of recent events in that region or who have fled from other regions in comparable circumstances. The financial reference amount for the implementation of this programme for the year 1999 shall be EURO 15 million. Article 1 bis 1. For the purpose of Article l(2)(a), Article 3 and Article 4bis: Article 2 Definitions (a) (b) (c) "refugees" means persons who have obtained refugee status within the meaning of Article 1 of the Convention relating to the Status of Refugees of 28 July 1951, as amended by the New York Protocol of 31 January 1967; "displacedpersons" means persons granted permission to stay in a Member State under temporary protection, or under subsidiary forms of protection or persons benefiting from other forms of protection in accordance with Member States' international obligations and national law and persons seeking permission to remain on such grounds who are awaiting a decision on their status; "asylum applicants" means persons who have requested protection from a Member State by claiming refugee status within the meaning of Article 1 of the Convention relating to the Status of Refugees of 28 July 1951, as amended by the New York Protocol of 31 January 1967, and in respect of whose requests a final decision has not yet been taken. 2. For the purpose of Article l(2)(b) and Article 4: (a) "refugees" means persons who have obtained refugee status within the meaning of Article 1 of the Convention relating to the Status of Refugees of 28 July 1951, as amended by the New York Protocol of 31 January 1967; (b) (c) " displaced persons" means persons granted permission to stay in a Member State under temporary protection, or under subsidiary forms of protection or persons benefiting from other forms of protection in accordance with Member States' international obligations and national law, including persons in respect of whose requests a final negative decision has been taken, but who have not yet departed from the territory of the Member States; "asylum applicants" means persons who have requested protection from a Member State by claiming refugee status within the meaning of Article 1 of the Convention relating to the Status of Refugees of 28 July 1951, as amended by the New York Protocol of 31 January 1967, including persons in respect of whose requests a final negative decision has been taken, but who have not yet departed from the territory of the Member States. Article 3 Reception Measures to improve the conditions in which asylum applicants, displaced persons and refugees are received in the Member States and to support asylum procedures which are fair, efficient and accessible to persons in need of international protection shall primarily cover the following areas: (a) (b) (c) (d) (e) measures to support the creation or improvement of infrastructures in the Member States for the reception of asylum applicants, displaced persons and refugees; the enhancement of the fairness and efficiency of administrative and judicial asylum procedures and the facilitation of access to them, including the provision of: legal assistance and other counselling services; interpretation services; information on the procedure to be followed, and the rights and obligations of the asylum applicant during the procedure; access to precise and up-to-date country information; the ensuring of a basic standard of living conditions for asylum applicants, displaced persons and refugees, including accommodation, medical care, education and training; special assistance to vulnerable groups, such as unaccompanied minors, victims of torture or rape, and people requiring special medical treatment; the provision of information to the public on Member States' obligations to persons seeking international protection and the European Union's asylum policy, including public awareness measures complementing other measures financed under this Joint Action. Article 4 Voluntary repatriation 1. Measures to assist the voluntary repatriation of asylum applicants, displaced persons and refugees from the Member States to their countries of origin, and their reintegration there, shall primarily cover the following areas: (a) (b) (c) the collection and dissemination of information on all aspects relevant to return, including the economic and administrative situation in the country of origin, employment opportunity, property rights and other legal matters; counselling to assist both persons who are considering whether to return voluntarily to their country of origin and persons who have decided in principle to return; training and education, with the aim of providing refugees, displaced persons and asylum applicants with skills which will be of benefit on return to the country of origin. 2. As a component of an integrated project facilitating voluntary repatriation, and in particular one covering one or more of the areas mentioned in paragraph 1, the following may also be eligible for financing: (a) transport costs associated with repatriation; (b) measures to support the reintegration in their country of origin of persons returning from the Member States, including post-repatriation monitoring. Article 4 bis Emergency assistance to persons displaced following recent events in Kosovo Emergency assistance in Member States which receive a significant number of displaced persons, asylum applicants and refugees who have fled from Kosovo as a result of recent events in that region or who have fled from other regions in comparable circumstances shall consist of financial assistance contributing for a duration of six months to: (a) Accommodation needs; (b) Means of subsistence, including food and clothing; (c) Medical, psychological or other personal assistance; (d) The costs of personnel administering and implementing the assistance. Such measures may integrate actions to facilitate the voluntary return of displaced persons when conditions permit. Particular attention shall be given to the needs of vulnerable groups such as women, unaccompanied minors and victims of atrocities. Article 5 Financing criteria The projects or measures to be financed from the Community budget shall be subject to a selection procedure taking into account in particular the following criteria: (a) The range of varying situations and needs in the Member States; (b) (c) cost-effectiveness and value for money, taking account of the number of persons targeted by the project or measure. the innovative nature of projects or measures and the potential for making use of the results to reinforce co-operation between Member States or for other Member States to apply the lessons learned; (d) experience, expertise and reliability of the applicant organisation and any partner organisations; and (e) complementarity of the projects or measures with other measures funded under the Community budget or from national programmes. CHAPTER II FINANCIAL PROVISIONS Article 6 Financial control Financing decisions and the contracts derived therefrom in conformity with the financial regulations applicable to the budget of the European Communities shall provide in particular for monitoring and financial control by the Commission and audits by the Court of Auditors. Article 7 Level of Community finance 1. Financial support from the Community budget shall not exceed 80% of the total cost of the project or measure. 2. All types of expenditure which are directly attributable to implementation of a project or measure and incurred during a specific, contractually defined period shall be eligible, subject to conditions to be specified in guidelines which shall be established by the Commission, up to the ceiling of appropriations authorised under the annual budgetary procedure. Article 8 Financial management 1. Measures adopted under this Joint Action and financed by the budget of the European Communities shall be managed by the Commission in conformity with the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities'1). 2. When presenting the financing proposals, the Commission shall take account of the principles of sound financial management and in particular of economy and cost-effectiveness as required by Article 2 of the Financial Regulation. CHAPTER in MANAGEMENT PROVISIONS Article 9 General management provisions The Commission shall be responsible for managing measures under this Joint Action and shall take such steps as are necessary to that end. In particular, in order to ensure that this Joint Action is implemented efficiently and effectively, the Commission may have recourse to technical assistance which may be financed from the appropriations available for measures under this Joint Action. The Commission will regularly inform the Committee referred to in art. 11 of the measures taken to that end. Article 10 Submission of projects and measures Projects and measures for which financing is requested shall be submitted to the Commission for scrutiny within a time limit to be determined by the Commission. (') OJL356, 31. 12. 1977, p. 1. > Article 11 Procedure 1. Where the financing is less than EUR 200000, the Commission shall keep the Council informed of the number of requests received for the financing of specific projects and measures, the principles applied in granting support thereto and the results of such projects and measures. 2. Where the financing is EUR 200 000 or more and is less than EUR 1 million, the Commission shall be assisted by a Committee consisting of one representative from each Member State and chaired by a representative of the Commission. The Commission shall submit to the Committee a list of the projects and measures which have been submitted to it. It shall indicate the projects and measures it selects and shall give reasons for its selection. The Committee, acting by the majority provided for in the second subparagraph of Article K. 4(3) of the Treaty, shall deliver its opinion on the various projects and measures within a period of two weeks. The Chairman shall not vote. The opinion shall be recorded in the minutes; moreover, each Member State shall have the right to ask that its position be recorded in the minutes. The Commission shall take full account of the opinion delivered by the Committee. It shall inform the Committee of how it has done so. 3. Where the financing is EUR 1 million or more, the Commission shall submit to the Committee referred to in paragraph 2 a list of the projects and measures which have been submitted to it. It shall indicate the projectsand measures it selects and shall give reasons for its selection. The Committee, acting by the majority provided for in the second subparagraph of Article K. 4(3) of the Treaty, shall deliver its opinion on the various projects and measures within a period of two weeks. The Chairman shall not vote. If a favourable opinion is not delivered within the time-limit, the Commission shall either withdraw the projectAneasure(s) concerned or submit it (them), with any opinion from the Committee, to the Council, which, acting by the majority provided for in the second subparagraph of Article K. 4(3) of the Treaty, shall take a decision within one month. FINAL PROVISIONS Article 12 Monitoring and evaluation 1. The Commission shall be responsible for the monitoring and evaluation of projects and measures financed under this joint action. Monitoring and evaluation may be financed from the appropriations available for measures under this joint action 2. The Commission shall prepare a summary report of the measures undertaken and the evaluation carried out, to be sent to the European Parliament and the Council. Article 13 Entry into force This Joint Action shall enter into force on the day of its adoption. It shall be applicable until 31 December 1999. Article 14 Publication This Joint Action shall be published in the Official Journal of the European Communities. Done at Brussels, For the Council The President FINANCIAL STATEMENT 1. TITLE OF OPERATION Joint action establishing measures to provide practical support in relation to the reception and voluntary repatriation of refugees, displaced persons and asylum applicants, including emergency assistance to persons who have fled as a result of recent events in Kosovo 2. BUDGET HEADINGS INVOLVED (1999 general budget nomenclature) B 5-803: European Fund for Refugees 3. LEGAL BASIS Article K. 3(2) of the Treaty on European Union 4. DESCRIPTION OF OPERATION • General objective The purpose of this joint action is to provide the Union with an instrument for providing support for projects and measures on : a) improving reception conditions and access to asylum procedures ; b) facilitating voluntary repatriation and reintegration ; c) providing emergency assistance for the reception in the Member States of the European Union of displaced persons, asylum applicants and refugees who have fled from Kosovo as a result of recent events in that region or who have fled from other regions in comparable circumstances It also takes account of the principle of shared responsibility between Member States. More specifically it aims to: - provide financial assistance to Member States which receive a significant number of displaced persons, asylum applicants and refugees who have fled from Kosovo as a result of recent events in that region or who have fled from other regions in comparable circumstances. The financial assistance would be limited in time to six months following arrival and would mainly cover costs such as immediate accomodation, means of subsistence and medical expenses ; - provide the individuals and groups concerned with appropriate protection in accordance with the common traditions of the Member States and with the obligations incumbent upon them, particularly by virtue of the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 and the Geneva Convention of 28 July 1951 relating to the Status of Refugees, as amended by the New York Protocol of 31 January 1967; - provide appropriate reception conditions for asylum seekers and facilitate access - - to fair and efficient procedures to protect the rights of refugees; create conditions in which refugees, displaced persons and asylum seekers who wish to return voluntarily from the Member States to their countries of origin are able to do so; ensure a balance of effort between the Member States to deal with the reception and voluntary return of refugees and displaced persons. • Period covered a") Emergency assistance to persons displaced following recent events in Kosovo : six months following arrival of target population. b) Other projects : one year from the entry into force of the legal basis. At the end of that period, an evaluation will be made to see whether it is necessary to continue the action or redirect it. The European Parliament will be informed about the implementing measures adopted. 5. CLASSIFICATION OF EXPENDITURE 1. Compulsory/Non-compulsory expenditure Non-compulsory • Differentiated/Non-differentiated appropriations Differentiated • Type of revenue involved Not applicable 6. TYPE OF EXPENDITURE Grant for joint financing with other sources. Financial support from the Community budget may not exceed 80% of the total cost of the project. This ceiling will be reached only in the case of projects of special interest in terms of the objectives of the joint action or the priorities identified in the programme (the measures) presented by the Commission to the Committee of Representatives of the Member States assisting it. 7. FINANCIAL IMPACT • Method of calculating total cost of the operation (link between individual costs and total cost) a) Emergency assistance to persons displaced following recent events in Kosovo : the expenditure will cover the immediate accomodation needs, means of subsistence, medical care and related administrative costs for a limited period of time (six /0 months). At the moment it is impossible to quantify the need, due to the fluidity of the situation in Kosovo. b) Other projects : a more precise estimate of the financial impact of the measures envisaged must, in principle, be based on an evaluation of the exploratory measures carried out with appropriations allocated in 1997 and 1998. For the moment, the evaluation can only be limited. In 1997, Joint Actions 97/447/JHA and 97/478/JHA were adopted by the Council on 22 July. On these bases, projects were selected following meetings of the Committee of the representatives of the Member States in September and November 1997. The implementation of these relatively new projects was delayed, on valid grounds for the most part. Nevertheless it was possible to make an initial evaluation on the basis of the interim reports communicated to the Commission. The result of the evaluation is summarised in the attached note (Annex I) which was handed out to the reprentatives of the Member States at the meeting of the Management Committee on 28 September 1998. A final evaluation report will be prepared during the first half of 1999 on the basis of the information received in the meantime. • Itemised breakdown of cost This operation can be broken down as follows: • as regards ordinary or emergency reception procedures, and access to asylum procedures, it is proposed that support be provided for measures which enhance the fairness and efficiency of such procedures (including access to these procedures), ensure that asylum seekers and displaced persons are able to benefit from social provisions which guarantee basic living conditions, and provide special assistance for the most vulnerable groups. It is also planned to finance projects to improve reception infrastructures so that, in the medium term, asylum seekers and people requesting international protection on the territory of any Member State of the European Union can be provided with satisfactory accommodation. Consideration should also be given to financing measures to increase public awareness of the problems of asylum; as regards voluntary repatriation and reintegration into the country of origin, the intention is primarily to allow Community financing of information campaigns, counselling services, and initiatives in the field of training and education. As ancillary measures, transport costs associated with return and assistance with reintegration in the country of origin could also be considered, marking the sole exception to the principle that the effect of this joint action should be confined to the European Union. The following breakdown can be made on the basis of the preparatory measures carried out in 1997 and 1998 and by increasing the allocations envisaged for ^Infrastructures » and « Aid to vulnerable groups », which are the most relevant items for emergency assistance to person displaced following recent events in Kosovo. In any case, taking account the uncertainty K of the situation in Kosovo as well as of the differencies in size of the projects which might be subsidised, the following table constitutes a provisional estimate of the division of expenditure. B5 - 803 BREAKDOWN Infrastructures Asylum procedures Minimum rights Aid to vulnerable groups Information Advice Training/Education TOTAL PDB 1999 (EUR 15 million) (*) estimated % of budget 30 10 10 20 10 10 10 100 (*) It should be noted that the budgetary authority, by a decision of the Committee on Budgets of 8 December 1998, has authorised the utilisation of up to EUR 800 000 under this item for technical and administrative assistance, for the benefit of the Commission and the beneficiaries of this operation in as much as they do not concern routine public service tasks but are related to the preparation of management, follow-up and auditing of the programme or projects. Such assistance will not exceed the duration of the programme. 8. FRAUD PREVENTION MEASURES The grant application form will ask for details of the identity and nature of the potential beneficiaries so that their reliability can be assessed in advance. Fraud prevention measures (on-the-spot inspections, interim and final reports) are included in the agreements or contracts between the Commission and beneficiaries of the operation. The Commission will study the reports and ensure that the work has been properly carried out before the interim and final payments are made. 9. ELEMENTS OF COST-EFFECTIVENESS ANALYSIS • Target population - Refugees, displaced persons and asylum seekers as defined in Article 2 of the proposal. - Public opinion in the Member States. II - Members of public sector bodies (including decentralised authorities) and private organisations involved in the fields concerned. • Grounds for the operation The proposed action is intended, firstly, to underpin national policies to assist persons seeking international protection and, secondly, to encourage the voluntary return of holders of a temporary residence permit or beneficiaries of temporary protection in a Member State of the European Union, in particular refugees from Kosovo. In both cases, there is a need to promote the idea of shared responsibility between Member States for the overall effort to assist these categories of person, given that situations may differ widely. In accordance with the first subparagraph of Article K. 8(2) of the Treaty on European Union, administrative expenditure which the provisions relating to the areas referred to in Title VI entail for the institutions will be charged to the budget of the European Communities. As regards operational expenditure to which the implementation of those provisions gives rise, the Council may either decide unanimously that it is to be charged to the Community budget or may determine that it should be charged to the Member States. By virtue of Article K. 3(2), the Council may, on the initiative of any Member State or of the Commission depending on the area concerned, adopt joint action in so far as the objectives of the Union can be attained better by joint action than by the Member States acting individually on account of the scale of effects of the action envisaged. Under Article K. l(3) of the Treaty, asylum policy is considered to be a matter of common interest by Member States. By virtue of the Treaty of Amsterdam it will be for the Council to adopt measures establishing minimum standards on the reception of asylum seekers in Member States (Article 63(l)(b)) and procedures for granting or withdrawing refugee status (Article 63(l)(d)). It will also be required to adopt measures on refugees and displaced persons in the areas of minimum standards for giving temporary asylum to displaced persons and on promoting a balance of effort between Member States (Article 63(2)(a) and (b)). On 7 April 1999 the Council of Ministers on Justice and Home Affairs invited the Commission to come forward with a proposal which would enable financial assistance to be provided from the Community budget to those Member States which agree to accept refugees from Kosovo. 17 • Monitoring and evaluation of the operation The Commission will carry out regular evaluation and monitoring of operations financed under this instrument to ensure that they correspond to the objectives and priorities set, and to draw up guidelines with a view to improving project selection criteria. At the end of each financial year, it will report to the European Parliament and the Council on the action taken and on the assessment of this action. There will be external evaluation of assisted projects in the second half of 1999. A call for tender was published on 12 February 1999. The conclusion of the award procedure is scheduled for June 1999. The evaluation will be an interim evaluation of projects financed in 1997 and 1998 and will provide the basis for a comprehensive evaluation in 2001. The external evaluation will be without prejudice to internal evaluations by the Commission (managing department or DG XX). The purpose of the evaluation, which will focus on substance, will be to ascertain how far the programme's objectives have been attained, to supply quantitative and qualitative information serving as a basis for reorientation and, if necessary, adaptation of the programme, and to adopt, if need be, evaluation methods so that the programme's impact can be measured. 10. ADMINISTRATIVE EXPENDITURE (Section III of the general budget) The administrative resources required will be mobilised via the annual Commission decision allocating resources, having regard among other things to the additional staff and financial resources granted by the budgetary authority. 10. 1 Impact on number of posts Type of posts Staff to be assigned to manage operation Permanent posts Temporary posts Officials or temporary staff Other resources Total A B C 1. 5 1. 5 1. 5 4. 5 - - Of which Dura tion Using existing resources of DGor department concerned 1. 5 0. 5 0. 5 2. 5 Using additional resources 1 1 2 M 10. 2 Overall financial impact of additional human resources Amount EUR 486 000 Method of calculation 4. 5 x EUR 108 000 Officials Temporary staff Other resources (specify budget heading) Total EUR 486 000 10. 3 Increase in other administrative expenditure resulting from operation Budget classification (number and heading) A-7030 (expert meetings) A-7031 (Management Committee) A-7010 (Missions) Total Amount Method of calculation EUR 13 000 EUR 29 250 EUR 13 600 EUR 55 850 2 x 10 people @ EUR 650 3 x 15 people @ EUR 650 20 missions @ EUR 680 lb ANNEX I (based on the budget nomenclature applicable in 1997 and 1998) B5-803 B7-6008 BREAKDOWN 1997 BUDGET (EUR 3. 75 million) BREAKDOWN 1997 BUDGET (EUR 10 million) Infrastructures Asylum procedures Minimum rights Aid to vulnerable groups Information for the public TOTAL actions 43 5 16 10 26 100 B5-803 % of budget Number of % of budget Number actions 25 6 Information Advice Training/Education 69 of 9 3 20 7 1 4 4 5 21 TOTAL 100 32 B7-6008 1998 BUDGET (EUR 3. 75 million) BREAKDOWN 1998 BUDGET (EUR 13 million) % of budget Number of actions 47 20 BREAKDOW N Infrastructures Asylum procedures Minimum rights Aid to vulnerable groups Information for the public TOTAL 23 10 0 100 % of budget Number actions 15 50 Information Advice Training/Education 35 of 7 22 23 6 7 6 6 0 25 TOTAL 100 52 A. ISSN 0254-1475 COM(1999) 181 final DOCUMENTS EN 05 06 01 11 Catalogue number: CB-CO-99-176-EN-C Office for Official Publications of the European Communities L-2985 Luxembourg