Changes from plenary report to adopted text

RemovedArticle 5 – paragraph 1 – point c: deleted

RemovedArticle 5 – paragraph 2: deleted

RemovedArticle 5 – paragraph 2 a (new): 2 a. Asylum staff, medical staff, legal representatives, non-governmental organisations, and Union institutions and agencies shall always be allowed to access border procedure facilities.

RemovedArticle 6 – paragraph 1: 1. In a situation of crisis, applications made within four weeks from the adoption of the delegated act referred to in Article 1c shall be registered within a period of four weeks from when they are made, in accordance with Article 25 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], by way of a single and temporary derogation from Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation].

RemovedArticle 6 – paragraph 1 a (new): 1a. The Member State in a situation of crisis shall request the assistance of all authorities that are able to increase, at short notice, the human resources of its responsible authorities in accordance with Article 5(3) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] and the assistance of experts deployed by the EUAA in accordance with Article 5(4), point (b) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], and Article 16(2), point (b) and Article 21(3), point (d) of Regulation (EU) 2021/2303.

RemovedArticle 6 – paragraph 1 b (new): 1b. In accordance with Article 3 of Directive XXX/XXX/EU [Reception Conditions Directive] and Regulation (EU) XXX/XXX [Asylum Procedures Regulation], Member States shall ensure that applicants for international protection are able to access and exercise their rights effectively under those instruments as soon as they make an application, regardless of when the registration takes place. / The responsible authority of the Member State in a situation of crisis shall provide the applicant with a document in a language that the applicant understands or is reasonably supposed to understand, indicating the moment of the making of the application.

RemovedChapter IV – title: deleted

RemovedArticle 7: deleted / (deleted) / (deleted) / (deleted)

RemovedArticle 8: deleted

RemovedArticle 8 a (new): Article 8a / Postponement of transfers procedures referred to in Section IV, Chapter V of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation] / A requesting Member State shall not carry out a transfer to a Member State in a situation of crisis pursuant to Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation], except on the basis of Articles 15 to 18 and 24 of that Regulation, until the Member State responsible is no longer in a situation of crisis. Once the transfer has been pending for six month, cessation of responsibility for the Member State in a situation of crisis shall apply. Such cessation of responsibility shall be without prejudice to the possibility for the requesting Member State to assume responsibility at any time for the applicant in respect of whom the transfer was pending. The applicant subject to the transfer shall benefit from the reception conditions set out in Article 16 of Directive (EU) XXX/XXX [Reception Conditions Directive].

RemovedArticle 9: deleted / (deleted) / (deleted) / (deleted)

RemovedArticle 9 a (new): Article 9 a / Exemption of obligations as regards relocation in a situation of crisis / The Member State in a situation of crisis shall be exempted from its obligation to undertake relocation pursuant to Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation] and Articles 1c and 2b of this Regulation.

RemovedChapter V – title: Granting of prima facie international protection

RemovedArticle 10 – title: Granting prima facie international protection

RemovedArticle 10 – paragraph 1: 1. In a situation of crisis, and on the basis of the delegated act referred to in Article 1c(1) and (5), Member States shall grant, prima facie, international protection in accordance with Regulation (EU) XXX/XXX [Qualification Regulation], in respect of applicants identified in paragraph 4, point (c) of this Article.

RemovedArticle 10 – paragraph 2: deleted

RemovedArticle 10 – paragraph 2 a (new): 2a. Consultations with the relevant Union Agencies, UNHCR and other relevant organisations shall take place ahead of the adoption of the delegated act.

RemovedArticle 10 – paragraph 3: deleted

RemovedArticle 10 – paragraph 4 – introductory part: 4. For the purposes of paragraph 1, in the delegated act, the Commission shall:

RemovedArticle 10 – paragraph 4 – point a: (a) establish if there is a need to apply prima facie international protection to a certain category (ies) of applicants.

RemovedArticle 10 – paragraph 4 – point b: deleted

RemovedArticle 10 – paragraph 4 – point c: (c) define the specific country of origin or country of former habitual residence, or a part of that country , or the specific group of applicants to be granted prima facie international protection on the basis of other, well-defined criteria, drawn from Regulation (EU) XXX/XXX [Qualification Regulation], ensuing from readily apparent, objective circumstances.

RemovedArticle 10 – paragraph 4 – point d: deleted

RemovedArticle 10 – paragraph 4 a (new): 4a. The examination of the applications pursuant to this Article shall be limited to determining whether the applicant falls within the category (ies) of persons as defined in the delegated act pursuant to paragraph 4, point (c) of this Article, and to determining whether exclusion grounds laid down in Articles 12 and 18 of Regulation (EU) XXX/XXX [Qualifications Regulation] apply.

RemovedArticle 10 – paragraph 4 b (new): 4b. By way of derogation from Article 34 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], the procedure for the cases referred to in paragraph 4 of this Article shall not take longer than one month from the date of registration.

RemovedArticle 10 – paragraph 4 c (new): 4c. The applicants referred to in paragraph 1 of this Article shall be granted international protection, unless they fall under the exclusion grounds laid down in Articles 12 and 18 of Regulation (EU) XXX/XXX [Qualification Regulation].

RemovedArticle 10 – paragraph 4 d (new): 4d. Applicants for prima facie international protection shall be granted all of the rights and guarantees, to which applicants are entitled in accordance with Regulation (EU) XXX/XXX [Asylum Procedures Regulation], including the right to information and to an effective remedy.

RemovedArticle 10 – paragraph 4 e (new): 4e. Member States shall provide applicants, in accordance with Article 29 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], and persons granted prima facie international protection, in accordance with Article 8 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] and Article 26 of Regulation (EU) XXX/XXX [Qualification Regulation], with a document certifying their status in a language they can understand.

RemovedArticle 10 – paragraph 4 f (new): 4f. Where the Member State’s determining authority, in accordance with Article 3 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], has established that an applicant for international protection is a threat to internal security, that Member State may choose not to apply prima facie international protection in respect of that applicant. In such circumstances, the application shall be examined in accordance with Articles 34 and 37 of Regulation (EU) XX/XXX [Asylum Procedures Regulation].

RemovedArticle 10 – paragraph 4 g (new): 4g. Beneficiaries of international protection granted in accordance with this Article shall have effective access to all the rights laid down in Regulation (EU) XXX/XXX [Qualification Regulation], corresponding to their protection status.

RemovedArticle 10 – paragraph 4 h (new): 4h. The delegated act referred to in Article 1c(5), establishing the categories of applicants eligible for prima facie international protection pursuant to paragraph 4, point (c) of this Article shall be reviewed at least every three months. Where the situation has changed, a revised delegated act may be adopted. The review shall be based on updated country of origin, or former habitual residence information, or updated information on the relevant specific groups eligible for prima facie international protection.

RemovedArticle 10 – paragraph 4 i (new): 4i. A decision to end the situation of crisis, and therefore the end of application of prima facie international protection for new applications, shall not affect the pending applications on the basis of this Article, nor the status of those who have been granted prima facie international protection under this Article. Beneficiaries of subsidiary protection shall always have the right to apply, for refugee status, in accordance with Regulation (EU) XXX/XXX [Qualification Regulation].

RemovedChapter V a (new): Chapter Va / AMENDMENT OF REGULATION (EU) 2021/1147 / Article 10a / Regulation (EU) 2021/1147 is amended as follows: / (1) In Chapter II, Section 2, Article 20a is inserted: / Article 20a / Resources for the transfer of applicants for international protection or of beneficiaries of international protection in a situation of crisis / 1. A Member State shall receive, in addition to its allocation under Article 13(1) of this Regulation, an additional amount of EUR 10 000 for each applicant for international protection or beneficiary of international protection transferred from another Member State in accordance with Article 2d of Regulation (EU) XXX/XXX [Crisis Regulation] of the European Parliament and of the Council*, or as a result of similar forms of relocation. / 2. Where appropriate, Member States shall also be eligible to receive the amount referred to in paragraph 1 of this Article for each family member of persons referred to in that paragraph, provided that those family members have been transferred to ensure family unity in accordance with Article 25 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation], or have been transferred as a result of similar forms of relocation. / 3. The amounts referred to in paragraphs 1 and 2 shall be increased to EUR [12 000] for each unaccompanied minor relocated in accordance with Article 2d of Regulation (EU) XXX/XXX [Crisis Regulation] or Article 25 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulat…

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

RemovedArticle 12 a (new): Article 12a / Exercise of delegation / 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. / 2. The power to adopt delegated acts referred to in Article 1c shall be conferred on the Commission for a period of five years from [date of entry into force of the Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. / 3. The delegation of power referred to in Article 1c may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. / 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. / 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to…

RemovedArticle 12 b (new): Article 12b / Urgency procedure / 1. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure. / 2. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 12a (6). In such a case, the Commission shall repeal the act immediately following the notification of the decision to object by the European Parliament or by the Council.

RemovedArticle 14: deleted / (deleted) / (deleted)