Changes from plenary report to adopted text

RemovedDRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

Removedon the proposal for a Regulation of the European Parliament and of the Council establishing a Union Resettlement Framework and amending Regulation (EU) No 516/2014 of the European Parliament and the Council

Removed(COM(2016)0468 – C80325/2016 – 2016/0225(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2016)0468),

Changed– having regard to Article 294(2) and Article 78(2)(d)78(2), points (d) and (g)(g), of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C80325/2016),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee of 25 January 2017,

– having regard to the opinion of the Committee of the Regions of 8 February 2017,

Added– having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 8 February 2024 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

– having regard to Rule 59 of its Rules of Procedure,

Changed– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Foreign Affairs and the Committee on Budgets (A8-0316/2017),Budgets,

Added– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0316/2017),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Change 1

RemovedRecital 1 a (new): (1 a) Resettlement is a well-established act of solidarity with refugee-hosting countries based on humanitarian needs. Resettlement consists of the selection of third-country nationals and stateless persons in need of international protection in a state in which they have sought protection and their transfer from that state and admission to another state with a view to granting them international protection and providing them with a durable solution. Resettlement has three interrelated and complementary functions: it is a tool for protection, it is a durable solution and it is a responsibility-sharing mechanism.

AddedP9_TC1-COD(2016)0225

RemovedRecital 1 b (new): (1 b) The United Nations High Commissioner for Refugees (UNHCR) is mandated by its statute and United Nations General Assembly (UNGA) resolutions to undertake resettlement as one durable solution for persons in protracted refugee situations. The UNHCR’s expertise in this field is based on decades of work and a globally supported mandate. The UNHCR’s competence in this field should be a source of support for Member States' resettlement programmes, and for the Union Resettlement Framework.

AddedPosition of the European Parliament adopted at first reading on 10 April 2024 with a view to the adoption of Regulation (EU) 2024/… of the European Parliament and of the Council establishing a Union Resettlement and Humanitarian Admission Framework, and amending Regulation (EU) 2021/1147

RemovedRecital 1 c (new): (1 c) According to Article 78(1) TFEU, the Union's asylum policy is to be in accordance with the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees, and other relevant treaties. Those treaties are grounded in Article 14 of the 1948 Universal Declaration of Human Rights, which recognises the right of persons to seek asylum from persecution in other countries.

Added(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2024/1350.)

RemovedRecital 1 d (new): (1d) The cohesion and effectiveness of the Common European Asylum System (CEAS) should be guaranteed. This will entail, in particular, enhancing the legal and safe avenues for entry into the Union for third-country nationals or stateless persons who are in need of international protection. Resettlement is a legal pathway which should offer the most vulnerable third-country nationals or stateless persons a durable solution and should be complemented by other legal pathways.

RemovedRecital 1 e (new): (1e) Resettlement is a tool for protection. Family reunification should be independent of resettlement targets and should be maintained as a key mechanism to ensure that Union citizens and third country nationals legally residing in the territory of the Member States enjoy their fundamental right to respect for family life. The resettlement procedure should not be used for family members who would otherwise have a right to join their family in a Member State in a timely manner in accordance with other legal acts of the Union or national law. In cases where Union or national law does not apply, it should be possible to use the resettlement procedures for the purposes of extended family reunification. Member States should adopt flexible family reunification policies, and ensure that family reunification programmes are developed outside of their resettlement quotas.

RemovedRecital 1 f (new): 1f) If one family member is being considered for resettlement (e.g. on protection grounds), Member States should seek to ensure, in line with the principle of family unity, that all of the person’s family members, including dependent non-nuclear family members, are resettled together. Member States should take a path of cultural sensitivity combined with a pragmatic approach as the best course of action in the process of determining the parameters of a given family. The nuclear family may be viewed as the core, but the element of dependency among family members, physical and financial, as well as psychological and emotional, should find its appropriate weight in the final determination. A culturally sensitive understanding of the family is important for those forced to flee due to persecution and civil conflict, as the extended relations may be the last line of defence for individuals who rely exclusively on the family unit for survival, psychological support, and emotional care.

RemovedRecital 1 g (new): (1g) The Union Resettlement Framework should support and encourage Member States in the implementation of permanent resettlement programmes, whether they are old or new, and in the gradual increase of their collective resettlement efforts and should support and facilitate the reception and integration of resettled persons.

RemovedRecital 1 h (new): (1h) The New York Declaration for Refugees and Migrants adopted by the UNGA on 19 September 20161a urges states to scale up resettlement efforts and envisages a comprehensive refugee response framework in which States aim to provide resettlement places and other legal pathways on a scale that would enable the annual resettlement needs identified by the Office of the United Nations High Commissioner for Refugees to be met. / 1a United Nations General Assembly Resolution A/RES/71/1.

RemovedRecital 1 i (new): (1 i) The concept of ‘danger to public health’ should be understood as disease with epidemic potential as defined by the International Health Regulations of the World Health Organisation.

RemovedRecital 4: deleted / (deleted)

RemovedRecital 5: deleted

RemovedRecital 8: (8) Building on the existing initiatives and in conformity with the existing international resettlement architecture, a stable and reliable Union Resettlement Framework should be established for the resettlement of persons in need of international protection to be implemented in accordance with Union resettlement plans and targeted Union resettlement schemes which effectively deliver on Member States' concrete commitments. The Union Resettlement Framework should be based on humanitarian needs, contribute to meeting the global resettlement needs and alleviate protracted refugee situations. The Union Resettlement Framework should conform to already existing structures for resettlement, in particular the Annual Tripartite Consultations on Resettlement (ATCR), with the aim of reaching at least 20% of UNHCR Annual Projected Global Resettlement Needs. In accordance with the principles of solidarity and fair sharing of responsibility among the Member States as laid down in Article 80 TFEU, efforts should be made over time to achieve a fair distribution of resettled persons among the Member States. Those efforts should be combined with efforts to establish international binding rules regarding the shared worldwide responsibility to resettle persons in need of resettlement as indicated by the UNHCR. / (In the context of “annual Union resettlement plan” it should be refered to “Union resettlement plan”withouth the word “annual”, This amendment applies throughout the text. Adopting it w…

RemovedRecital 9: (9) Such a framework, provided that it serves to enhance legal pathways for migration, is a necessary part of a well-managed migration policy and contributes to the smooth functioning of the CEAS which aims to support and expand existing national resettlement programmes, to support and help new resettlement efforts, to provide for the legal and safe arrival to the territory of the Member States of third-country nationals and stateless persons in need of international protection and to contribute to the provision of protection and durable solution for their needs. Such a framework that is coupled with development actions and policies might serve as an expression of solidarity with countries and regions to which a large number of persons in need of international protection has been displaced and can effectively contribute to decreasing tensions by helping to alleviate the pressure on those countries, specifically aiming at alleviating protracted refugee situations. Such a framework might also effectively contribute to global resettlement initiatives through speaking with one voice in international fora.

RemovedRecital 9 a: (9a) Persons displaced within their own countries should be granted leave to enter the territory of the Union under humanitarian admission programmes. Due account should therefore be taken of humanitarian admission as an adjunct to resettlement. Measures for internally displaced persons (IDPs) taken by Member States under national humanitarian admission programmes should therefore be eligible for funding from the Union budget. National humanitarian admission programmes that receive Union funding should be in addition to resettlement targets under this Regulation. Consideration should be given to the scope for introducing a common Union procedure, which is separate from resettlement, for the admission of persons displaced within their own countries. When allowing for the admission of IDPs, Member States should first and foremost respect their right to return to their places of origin and should, under no circumstance, resettle them as a means of achieving Union or national foreign policy objectives.

RemovedRecital 10: deleted / (deleted)

RemovedRecital 10 a (new): (10 a) In the context of the strategic use of resettlement, the Union should endeavour to establish from the outset close dialogue with the third countries from which persons are resettled, in particular those facing lasting crises characterised by the presence on their territory of long-term refugees. A dialogue of this kind should seek to maximise the benefits of resettlement from these countries by placing the emphasis on increasing their asylum capacities, integrating the refugees present on their territory and protecting those refugees against persecution and refoulement to third countries. The strategic use of resettlement should not be interpreted as migration control or used as a means to achieve the Union’s foreign policy objectives. The lack of strategic use of resettlement should not be used as a reason to exclude a country or region as a geographical priority. The same principle should be understood for complementarity with financial and technical assistance.

RemovedRecital 11: (11) In order to enhance and support the increased participation of Member States in the Union Resettlement Framework, common standard procedures and common eligibility criteria and ineligibility grounds for the selection should be laid down, as well as a common protection status to be granted to resettled persons.

RemovedRecital 12: (12) The common standard procedures should build on the existing resettlement experience and standards of the Member States and of the UNHCR. The Union Resettlement Framework should allow the use of two types of resettlement procedures.

RemovedRecital 13: (13) All types of procedures should consist of the following stages: identification, submission of cases, assessment, decision and registration.

RemovedRecital 15 a (new): (15 a) An emergency procedure should be established with the same level of security checks as under the ordinary procedure. However, in the emergency procedure, the submission of emergency resettlement cases from the UNHCR should be subject to an accelerated assessment of the requirements and eligibility criteria established under this Regulation. Emergency resettlement cases should not necessarily be linked to the geographical priorities as established under this Regulation. Emergency places should reflect around 10% of the target number. All Member States should be encouraged to offer emergency places.

RemovedRecital 16: (16) The resettlement procedure should be concluded as soon as possible in order to guarantee protection to and ensure access to the Union for persons in need of international protection. At the same time it should ensure that Member States have sufficient time for a full and adequate examination of each case. The time-limits should correspond to what is necessary to make the different types of assessment foreseen for the ordinary and emergency procedures. In both procedures, security checks should be carried out.

RemovedRecital 17: (17) Any personal data collected for the purpose of the resettlement procedure should be stored in Eurodac for a maximum period of five years from the date of resettlement. This storage period will ensure that the persons concerned enjoy the same rights as those afforded to asylum seekers and beneficiaries of international protection in the respect of the processing of their data. In the context of secondary movement, it will also make it possible to identify the Member State responsible for resettlement.

RemovedRecital 17 a (new): (17 a) Where a negative decision is taken, the person concerned should not be resettled in the Member State that has made the decision and any data stored should be erased. The reason for non-completion should be communicated in a reasoned opinion to the UNHCR, other Member States, the EUAA and other organisations that made the submission for follow-up as appropriate. Any Member State that has made a negative decision may require any second Member State examining the resettlement file to consult it during the examination.

RemovedRecital 19: deleted

RemovedRecital 20: deleted / (deleted)

RemovedRecital 20 a (new): (20 a) In order to supplement this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of establishing the Union resettlement plan fixing every two years the target number of persons to be resettled, the details of Member States’ participation in the plan and their contributions to the target number of persons to be resettled, as well as overall geographical priorities. In order to supplement this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of establishing targeted Union resettlement schemes laying down the precise number of persons to be resettled relative to the target number and the participation of the Member States, consistent with the Union Resettlement plan. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

RemovedRecital 21: deleted

RemovedRecital 22: deleted

RemovedRecital 23: deleted / (deleted)

RemovedRecital 24: (24) Each targeted Union resettlement scheme should set out local cooperation arrangements where and as appropriate to facilitate its implementation, in particular with the UNHCR, the International Organisation for Migration (IOM), the European Union Agency for Asylum [EUAA] and other relevant organisations.

RemovedRecital 25: (25) Resettled persons should be granted international protection with a view to providing them with a durable solution. Accordingly, the provisions on the content of international protection contained in the asylum acquis should apply as of the moment when resettled persons arrive on the territory of the Member States.

RemovedRecital 25 a (new): (25a) The integration of resettled persons in their host society is important for a successful resettlement procedure, and, hence, for the effectiveness of the Union Resettlement Framework. Resettled persons should have the same access to integration measures as other beneficiaries of international protection in accordance with the [Qualification Regulation]. Member States may make the participation in such integration measures compulsory only if those integration measures are easily accessible, available and free of charge. Member States should also offer a pre-departure orientation programme to third-country nationals or stateless persons, which should include information about their rights and obligations, language classes, and information about the Member State’s social, cultural and political set up. These programmes may be provided after entry or may be included into integration programmes should Member States choose to have them and taking into account the particular vulnerabilities of the resettled person. Member States should also arrange post-arrival orientation programmes tailored to the needs of resettled persons in order to provide them with guidance concerning, in particular, the learning of the language of the host Member State, education, training and the labour market, taking account of their specific vulnerabilities. As far as possible, the bodies and persons concerned, such as local authorities and persons who have already been resettled, should be involved…

RemovedRecital 27: (27) Given the expertise of UNHCR in facilitating the different forms of admission of persons in need of international protection from third countries, to which they have been displaced, to Member States willing to admit them, UNHCR should be primarily responsible for referring persons eligible for resettlement conducted under the Union Resettlement Framework. In addition to UNHCR, other international actors such as the International Organisation for Migration (IOM) should be called upon to assist Member States in the implementation of the Union Resettlement Framework.

RemovedRecital 28: (28) Member States should be given support to help them honour their commitments and thus ensure the smooth functioning of the Union Resettlement Framework. [The European Union Agency for Asylum] should provide the Member States with that support, at their request and in accordance with its mandate. The EUAA should also coordinate the exchanges of good practices among Member States, as regards the implementation of this Regulation.

RemovedRecital 28 a (new): (28a) Given that this Regulation seeks to introduce common resettlement procedures, Member States should be encouraged to cooperate with one another and, if they see fit, implement jointly some stages in the procedure. This cooperation may, for example, take the form of the pooling of infrastructure and the deployment of joint selection missions. At Member States request, the EUAA should be able to provide support to Member States planning to engage in cooperation of this kind.

RemovedRecital 29: (29) A High-Level Resettlement Committee should be established to allow for broad consultations with all stakeholders on the implementation of the Union Resettlement Framework. This Committee should align its work with that of international resettlement structures, particularly the Annual Tripartite Consultations on Resettlement and UNHCR's Annual Projected Global Resettlement Needs. The High-Level Resettlement Committee should draw up recommendations to serve as main components when drafting the Union resettlement plan and the different targeted Union resettlement schemes. The Commission should build upon the recommendations of the High-Level Resettlement Committee when preparing the Union resettlement plan every two years.

RemovedRecital 31: (31) This Regulation does not affect the ability of the Member States to adopt or implement national resettlement schemes, for example where they contribute an additional number of resettlement places going beyond their contribution to the target number of persons to be resettled under the Union resettlement plan and does not affect the obligations of the Member States relating to the target number of persons. Where Member States offer resettlement places under national resettlement programmes, they should continue to receive funding from the Union budget.

RemovedArticle 1 – paragraph 1: This Regulation establishes a Union Resettlement Framework for the admission of third-country nationals and stateless persons to the territory of the Member States with a view to granting them international protection and providing them with a durable solution.

RemovedArticle 2 – paragraph 1: For the purposes of this Regulation 'resettlement' means the selection, upon referral from UNHCR or Member States, admission, transfer and protection of third-country nationals and stateless persons in need of international protection from a third country to which they have been displaced to a Member State with a view to granting them international protection and providing them with a durable solution.

RemovedArticle 3 – paragraph 3 – point a: (a) guarantee the legal and safe transfer and arrival of third-country nationals and stateless persons who are among the most vulnerable persons in need of international protection to the territory of the Member States with a view to providing them with a durable solution;