92001E2042

WRITTEN QUESTION E-2042/01

by Gerhard Hager (NI) to the Commission

(13 July 2001)

Subject: Amended proposal for a Council directive on the right to family reunification

In Article 3(2) of the amended proposal for a Council directive on the right to family reunification(1) various groups of third-country nationals are excluded from the scope of the proposal for a directive. Article 3(2)(b) of the proposal for a directive excludes third-country nationals who have been granted temporary protection in a Member State; Article 3(2)(c) excludes third-country nationals authorised to reside in a Member State on the basis of a subsidiary form of protection.

What difference does the Commission see between temporary protection in a Member State and subsidiary protection in a Member State?

(1) COM(2000) 624 final OJ C 62 E, 27.2.2001, p. 99.

Answer given by Mr Vitorino on behalf of the Commission

(4 October 2001)

The two protection regimes of temporary protection and subsidiary protection are separate regimes which relate to different situations and different categories of persons.

Temporary protection, as also defined in the 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 thereo(1), means a procedure of exceptional character to provide, in the event of a mass influx or imminent mass influx of displaced persons from third countries who are unable to return to their country of origin, immediate and temporary protection to such persons, in particular if there is also a risk that the asylum system will be unable to process this influx without adverse effects for its efficient operation, in the interests of the persons concerned and other persons requesting protection.

Subsidiary protection, (as also defined in the Proposal for a Council Directive(2) (COM(2001) ) laying down minimum standards for the qualification and status of third country nationals and stateless persons as refugees, in accordance with the 1951 Convention relating to the status of refugees and the 1967 protocol, or as persons who otherwise need international protection), means a form of international protection for persons not entitled to refugee status but who are otherwise in need of international protection.

Temporary Protection is therefore reserved for situations of mass influx. It is an exceptional mechanism, providing immediate protection for persons concerned. It is to be triggered by the Council of Ministers (qualified majority) on the basis of a Commission proposal. It is valid for one year, with the possibility of an automatic extension for a further two six-month periods. The Council can decide on a further extension of up to one year. If the situation in the country of origin allow it, the Council can decide to end Temporary Protection. Temporary Protection does not prejudge recognition of refugee status under the Geneva Convention and the Proposal for a Council Directive establishes access to the normal asylum procedure if persons concerned wish so.

The beneficiaries of temporary protection will be given residence permits, appropriate information, right to work, accommodation, social assistance, health care, and education. At least close family members will be able to reunite.

As opposed to temporary protection subsidiary protection is not reserved for specific situations, and can be provided to persons who applied for international protection, do not meet the criteria for refugee status as laid down in the 1951 Refugee Convention, but for whom it has nevertheless been determined that they are in need of international protection.

(1) OJ L 212, 7.8.2001.

(2) Not available yet.