Changes from plenary report to adopted text

RemovedArticle 3 – paragraph 3 – point b: (b) encourage all Member States to gradually increase their resettlement efforts and the overall number of available resettlement places, as well as support and facilitate the reception and integration of resettled persons and thus contribute to the reduction of the need for third country nationals and stateless persons in need of international protection to travel irregularly to the territory of the Member States.

RemovedArticle 3 – paragraph 3 – point c: (c) contribute to international resettlement initiatives, including through the strategic use of resettlement, particularly in protracted refugee situations, thus also helping third countries in which people first seek international protection.

RemovedArticle 4 – paragraph 1 – introductory part: In determining the regions or third countries from which resettlement shall occur within the Union Resettlement Framework, in accordance with the delegated acts referred to in Articles 7 and 8, the following factors shall be taken into consideration:

RemovedArticle 4 – paragraph 1 – point a: (a) the number of vulnerable persons in need of international protection as specified in the annual UNHCR Projected Global Resettlement Needs report ;

RemovedArticle 4 – paragraph 1 – point a a (new): (a a) third countries and regions hosting protracted refugee situations.

RemovedArticle 4 – paragraph 1 – point b: (b) the scope for strategic use of resettlement with a view to collectively providing solutions and improving the protection environment in third countries, and with a view to its complementarity with financial and technical assistance for improving the capacity of reception and protection conditions provided to third countries to which persons in need of international protection have been displaced;

RemovedArticle 4 – paragraph 1 – point c: deleted

RemovedArticle 4 – paragraph 1 – point d: deleted / (deleted) / (deleted) / (deleted) / (deleted)

RemovedArticle 4 – paragraph 1 – point e: deleted

RemovedArticle 5: Only the following third-country nationals or stateless persons shall be eligible for targeted Union resettlement schemes established in accordance with Article 8: / (a) (i) third-country nationals, who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, gender, sexual orientation, gender identity, disability, political opinion or membership of a particular social group, are outside the country of nationality and are unable or, owing to such fear, are unwilling to avail themselves of the protection of that country, or stateless persons, who, being outside of the country of former habitual residence for the same reasons as mentioned above, are unable or, owing to such fear, unwilling to return to or stay in it, or, failing that, / (ii) third-country nationals, who are outside the country of nationality or stateless persons, who are outside of the country of former habitual residence and in respect of whom substantial grounds have been shown for believing that they, if returned to their country of origin or former habitual residence, would face a risk of suffering serious harm, and are unable, or, owing to such risk, are unwilling to avail themselves of the protection of that country; / and who further fall within at least one of the following categories of vulnerable persons: / (deleted) / – survivors of violence and/or torture, including on the basis of gender or sexual orientation; / – persons with legal and/or physical protection ne…

Removed(Amended point (b) becomes subparagraph 2 of point (a), amended point (c) becomes point (b), amended point (ii) of point (b) becomes point (c))

RemovedArticle 6 – title: Grounds for ineligibility

RemovedArticle 6 – paragraph 1 – introductory part: 1. The following third-country nationals or stateless persons shall be ineligible for targeted Union resettlement schemes established in accordance with Article 8:

RemovedArticle 6 – paragraph 1 – point a – introductory part: (a) persons for whom there are serious grounds for considering that:

RemovedArticle 6 – paragraph 1 – point a – point ii: (ii) they have committed a serious non-political crime;

RemovedArticle 6 – paragraph 1 – point b: (b) persons for whom there are serious grounds for considering that they are a danger to the public or national security or, public health, of the Member State examining the resettlement file;

RemovedArticle 6 – paragraph 1 – point c: deleted

RemovedArticle 6 – paragraph 1 – point d: deleted

RemovedArticle 6 – paragraph 1 – point e: (e) persons who have already been resettled by a Member State

RemovedArticle 6 – paragraph 1 – point f: deleted

RemovedArticle 6 – paragraph 2: deleted

RemovedArticle 7 – title: Two-yearly Union resettlement plan

RemovedArticle 7 – paragraph 1: 1. The Commission is empowered to adopt delegated acts every two years, in accordance with Article 14, to supplement this Regulation, in order to establish a Union resettlement plan, in accordance with the following paragraphs.

RemovedArticle 7 – paragraph 1 a (new): 1a. The Union resettlement plan shall take full account of the recommendations of the High-Level Resettlement Committee, and shall be based on the annual UNHCR Projected Global Resettlement Needs report.

RemovedArticle 7 – paragraph 3 – introductory part: 2. The Union resettlement plan shall include:

RemovedArticle 7 – paragraph 2 – point a: (a) a target number of persons to be resettled that should reflect at a minimum 20% of the Annual Projected Global Resettlement Needs;

RemovedArticle 7 – paragraph 2 – point b: (b) details about the participation of the Member States in the Union resettlement plan and their contributions to the target number of persons to be resettled;

RemovedArticle 7 – paragraph 2 – point c: (c) overall geographical priorities based on the annual UNHCR Projected Global Resettlement Needs report .

RemovedArticle 7 – paragraph 2 – point c a (new): (c a) an unallocated emergency quota, of persons to be resettled, as provided for in Article 11a, corresponding to around 10% of the target number referred to in point (a), to take into account urgent and emergency cases irrespective of the geographical priorities referred to in point (c).

RemovedArticle 8 – paragraph 1: 1. The Commission is empowered to adopt delegated acts in accordance with Article 14, to supplement this Regulation, in order to establish targeted Union resettlement schemes consistent with the Union resettlement plan, adopted pursuant to Article 7 .

RemovedArticle 8 – paragraph 2 – point b: (b) the precise number of persons to be resettled from the target number as set out in the Union resettlement plan provided for in point (a) of Article 7(2) and details about the participation of the Member States in the targeted Union resettlement scheme;

RemovedArticle 8 – paragraph 2 – point c: (c) the specification of the regions or third countries from which resettlement is to occur in accordance with point (c) of Article 7(3) and as referred to in Article 4 and, where appropriate, the priorities and measures anticipated by the Union in relation to those regions or third countries in the context of strategic use of resettlement;

RemovedArticle 8 – paragraph 2 – point d: (d) local coordination and practical cooperation arrangements among Member States, supported by the UNHCR and, at the request of Member States, the [European Union Agency for Asylum] in accordance with Article 12(3), and with third countries, and UNHCR or other partners;

RemovedArticle 8 – paragraph 2 – point e: (e) a description of the specific group or groups of third-country nationals or stateless persons, based on the annual UNHCR Projected Global Resettlement Needs report and guided by resettlement submission categories as set out in point (a) of Article 5, to whom the targeted Union resettlement scheme shall apply;

RemovedArticle 8 – paragraph 2 – point f: deleted

RemovedArticle 8 – paragraph 2 a (new): 2a. Where the combined voluntary participation of all Member States does not add up to 75% of the target number of persons to be resettled in accordance with point (a) of Article 7.3 at the end of the two years period of the Union resettlement plan the targeted Union resettlement schemes shall set the precise number of persons that each Member State shall resettle with the goal of reaching at least that percentage from the target number . The distribution of the total number of persons to be resettled among the Member States shall be based on the reference key pursuant to Regulation (EU) No XXX/XXX [Dublin Regulation]. / With the establishment of the total number to be resettled per Member State, the amount already resettled to that Member State shall be taken into account.

RemovedArticle 9 – paragraph 1: Resettlement under this Regulation shall apply to third-country nationals or stateless persons who have given their consent to be resettled and have not subsequently withdrawn their consent, including refusing resettlement to a particular Member State. Third-country nationals or stateless persons shall be duly informed by the Member State of the rights and obligations arising from resettlement and the possible consequences of any withdrawal of consent or refusal to be resettled.

RemovedArticle 10 – paragraph 1 – introductory part: 1. When implementing a targeted Union resettlement scheme, Member States shall, for the selection, primarily rely on identification and submission of cases by the UNHCR. Other actors for identification may be Member States or relevant organisations.

RemovedArticle 10 – paragraph 1 a (new): 1 a. Member States shall assess whether those third-country nationals or stateless persons fall within the scope of a targeted Union resettlement scheme

RemovedArticle 10 – paragraph 1 – subparagraph 2: deleted / (deleted) / (deleted) / (deleted)

RemovedArticle 10 – paragraph 2: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

RemovedArticle 10 – paragraph 2 a (new): 2 a. After identifying third-country nationals or stateless persons, Member States shall perform appropriate security checks against relevant Union and national databases, including the Schengen Information System:

RemovedArticle 10 – paragraph 3: Member States shall assess whether the third-country nationals or the stateless persons meet the eligibility criteria set out in Article 5 and whether they are not excluded in accordance with Article 6(1).

RemovedArticle 10 – paragraph 3 – subparagraph 2: Member States shall make that assessment in particular on the basis of documentary evidence, including, where applicable, information from UNHCR on whether the third-country nationals or the stateless persons qualify as refugees and on the basis of a personal interview.

RemovedArticle 10 – paragraph 3 a (new): 3 a. For the purpose of implementing the ordinary procedure, Member States may request that UNHCR, or where applicable, [the EUAA] or relevant international organisations to fully and transparently assess: / (a) whether they fall within the scope of the targeted Union resettlement scheme; and / (b) whether they fall under one of the resettlement submission categories as set out in point (a) of Article 5 and the reasoning behind the assessment. / Member States may also request that UNHCR fully assess whether third-country nationals or stateless persons referred to them by the UNHCR qualify as refugees within the meaning of Article 1 of the 1951 Geneva Convention.

RemovedArticle 10 – paragraph 4: 4. Member States shall take a decision on the resettlement of third-country nationals or stateless persons on the basis of the assessment referred to in paragraph 3 as soon as possible and not later than six months from their registration. Member States may extend that time-limit by a period of not more than three months, where complex issues of fact or law are involved. If, after the time limits referred to in this paragraph have elapsed, the Member State has not communicated any decision and has also not supplied any justification, a resettlement procedure may be initiated by another Member State in relation to the third-country national or stateless person concerned.

RemovedArticle 10 – paragraph 4 a (new): 4a. After having taken a decision, Member States shall inform the third-country nationals or stateless persons, of their rights and obligations, particularly the right to refuse resettlement and the possible implications of such a refusal, the rights and obligations arising from refugee status or subsidiary protection, particularly as regards secondary movements and the requirement to register personal particulars in Eurodac. / This information shall be supplied in writing and, if necessary, orally, in a language that the person can understand and shall be adapted to the needs of minors or persons with specific needs.

RemovedArticle 10 – paragraph 5 – subparagraph 1: 5. Upon arrival on its territory, each Member States shall register, where available, information on the resettled person in accordance with Regulation (EU) No XXX/XXX [Eurodac Regulation]. Member States shall store the data referred to in [Eurodac Regulation] for five years from the date of resettlement.

RemovedArticle 10 – paragraph 5 – subparagraph 2: Upon expiry of that period, Member States shall erase the data. Member States shall erase data relating to a person who has acquired citizenship of any Member State before the expiry of that period.

RemovedArticle 10 – paragraph 6: 6. Where a negative decision is taken, no resettlement of the person concerned shall occur to the Member State that has made the decision. The reason for non-completion shall 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.

RemovedArticle 10 – paragraph 7 – point a: (a) grant refugee status where the third-country national or the stateless person concerned qualifies as a refugee or subsidiary protection status where the third-country national or the stateless person concerned is eligible for subsidiary protection. The Member State shall notify the third-country national or the stateless person concerned of that decision and inform him or her of the rights that such a status confers. The decision to grant refugee status or subsidiary protection status shall have the same effect as a decision to grant refugee status or to grant subsidiary protection status referred to in Regulation (EU) No XXX/XXX [Qualification Regulation], once the person concerned has entered the territory of a Member State; Member States may issue residence permits of permanent or unlimited validity on terms that are more favourable as referred in Article 13 of Council Directive 2003/109/EC1a. / 1a Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents, OJ L 16, 23.1.2004, p. 44–53.

RemovedArticle 10 – paragraph 7 – point b: (b) offer to make travel arrangements, including fit-to-travel medical checks or, where possible, medical examinations, and provide transfer to their territory free of charge, and that offer shall include, where necessary, the facilitation of exit procedures in the third country from where the third-country national or the stateless person is admitted. When organising the travel, Member States shall take account of any needs that the persons concerned have in view of their vulnerability;

RemovedArticle 10 – paragraph 7 – point c: (c) offer a pre-departure orientation programme to third-country nationals or stateless persons, which shall 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, provided that they will be accessible and for free, and taking into account the particular vulnerabilities of the resettled person..

RemovedArticle 10 – paragraph 7 – point c a (new): (ca) arrange transfer as soon as possible;

RemovedArticle 10 – paragraph 8: deleted / (deleted) / (deleted) / (deleted) / (deleted)

RemovedArticle 10 – paragraph 9: deleted

RemovedArticle 11: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

RemovedArticle 11 a (new): Article 11 a / Emergency procedure / Where the Commission delegated act adopting a Union resettlement plan provides for an emergency procedure, not linked to particular regions or population, for cases where immediacy of the security risks to certain persons or the severity of their medical condition necessitates their prompt removal from the threatening conditions within a very short time, by way of derogation from Article 10, Member States shall: / (1) commit to establish a fast-track procedure for urgent and emergency cases, if such a procedure is not already in existence; / (2) specify a specific number of places not necessarily linked to particular regions or populations that can benefit from this procedure; / (3) receive submissions of urgent or emergency resettlement cases from UNHCR and for whom immediacy of the security risks or the severity of the medical condition necessitates their removal from the threatening conditions within a very short time; / (4) expedite adjudication whether the third country nationals or the stateless persons meet the requirements and eligibility criteria established in this framework under Article 5, and; / (5) aspire to take a decision within two weeks from submission of a case and ensure the immediate transfer of the third country national or stateless person.

RemovedArticle 12 – paragraph 1: 1. To facilitate the implementation of the targeted Union resettlement schemes, Member States shall appoint national contact points and may decide to appoint liaison officers in third countries. Member States may be assisted by [the EUAA], and, where appropriate, use existing structures for operational cooperation on resettlement.

RemovedArticle 12 – paragraph 2: deleted