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Burden-sharing (1996)

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1) OBJECTIVE

Better burden-sharing with regard to the admission and residence of displaced persons and establishment of an alert and emergency procedure in the event of critical situations that require swift action.

2) UNION MEASURE

Council Resolution 95/C 262/01 of 25 September 1995 on burden-sharing with regard to the admission and residence of displaced persons on a temporary basis.

Council Decision 96/198/JAI of 4 March 1996 on an alert and emergency procedure for burden-sharing with regard to the admission and residence of displaced persons on a temporary basis.

3) CONTENT

1. The Resolution applies to persons whom Member States are prepared to admit on a temporary basis under appropriate conditions in the event of armed conflict or civil war, including where such persons have already left their region of origin to go to one of the Member States. The persons concerned are in particular:

  • those who have been held in a prison of war or internment camp, or who are injured or seriously ill and for whom medical treatment cannot be obtained locally;
  • those who are, or have been, under a direct threat to life or limb and whose protection in their region of origin cannot otherwise be secured;
  • those who have been subjected to sexual assault provided that there is no suitable means for assisting them in safe areas situated as close as possible to their homes;
  • those who, having come directly from combat zones, are within the borders of their countries and cannot return to their homes because of the conflict and human rights abuses.

2. A given situation may require harmonised action to help displaced persons when, for instance, there is a mass influx of displaced persons into the territory of the Member States or a strong possibility that the Member States may soon have to cope with such an influx.

An action of this kind will be envisaged in particular, after obtaining the opinion of the United Nations High Commissioner for Refugees, if help and adequate protection are not available in the region of origin or if the European Union is so close to the region concerned that it could itself be considered as belonging to the region of origin.

3. The burden in connection with the admission and residence of displaced persons on a temporary basis in a crisis could be shared on a balanced basis in a spirit of solidarity, taking into account the contribution which each Member State is making to prevention or resolution of the crisis and all economic, social and political factors which may affect the capacity of a Member State to admit an increased number of displaced persons under satisfactory conditions.

4. Decision 96/198/JAI supplements Resolution 95/C 262/01 on the admission and residence of displaced persons on a temporary basis. It provides for an alert and emergency procedure for crises which require prompt response.
On the initiative of the Presidency, a Member State or the Commission, the K.4 Committee may be convened as a matter of urgency to ascertain whether a situation exists which requires concerted action by the European Union for the admission and residence of displaced persons on a temporary basis.

4) DEADLINE FOR IMPLEMENTATION OF THE LEGISLATION IN THE MEMBER STATES

Not required

5) DATE OF ENTRY INTO FORCE (if different from the above)

Decision 02.04.1996

Date of expiry of the decision: 31.12.1996

6) REFERENCES

Official Journal C 262 of 07.10.1995
Official Journal L 63 of 13.03.1996

Last updated: 14.09.2005
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