Changes from plenary report to adopted text

RemovedArticle 2 – paragraph 1 – point p: (p) ‘absconding’ means the action by which an applicant does not remain available to the competent administrative or judicial authorities, for reasons which are not beyond the applicant’s control;

RemovedArticle 2 – paragraph 1 – point q: (q) ‘risk of absconding’ means the existence of specific reasons and circumstances in an individual case, following an individual assessment, which are based on objective criteria clearly defined by national law to believe that an applicant who is subject to a transfer procedure may abscond;

RemovedArticle 2 – paragraph 1 – point r: (r) ‘benefitting Member State’ means the Member State benefitting from the solidarity contributions as set out in Article 45 in situations of migratory pressure;

RemovedArticle 2 – paragraph 1 – point s: (s) ‘contributing Member State’ means a Member State that provides or is obliged to provide solidarity contributions to a benefitting Member State, as set out in Article 45;

RemovedArticle 2 – paragraph 1 – point t: deleted

RemovedArticle 2 – paragraph 1 – point t a (new): (ta) ‘transfer’ means the action taken by the Member States and practical arrangements made by that Member State in order to take charge or to take back an applicant pursuant to Article 26 of this Regulation;

RemovedArticle 2 – paragraph 1 – point u: (u) ‘relocation’ means transferral of an applicant or a beneficiary of international protection from the territory of a benefitting Member State to the territory of a contributing Member State;

RemovedArticle 2 – paragraph 1 – point v: (v) ‘search and rescue operations’ means operations of search and rescue activities, as referred to in the 1979 International Convention on Maritime Search and Rescue adopted in Hamburg, Germany on 27 April 1979, and operations as referred to in Article 10 of Regulation (EU) No 656/2014 of the European Parliament and of the Council1a; / 1a Regulation (EU) No 656/2014 of the European Parliament and of the Council of 15 May 2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (OJ L 189, 27.6.2014, p. 93).

RemovedArticle 2 – paragraph 1 – point w: (w) ‘migratory pressure’ means, without prejudice to the definition of crisis in Article XX of Regulation (EU) xx/xx [Crisis Regulation], a situation, whereby the arrivals or applications of third-country nationals or stateless persons, including recurring arrivals by sea, in particular disembarkations following search and rescue operations and activities place a disproportionate responsibility even on well-prepared asylum, reception and migration systems, which requires solidarity contributions pursuant to Article 45 of this Regulation;

RemovedArticle 2 – paragraph 1 – point w a (new): (wa) ‘reception conditions’ means the reception conditions, as defined in Article 2(6) of Directive (EU) XXX/XXX [Reception Conditions Directive];

RemovedArticle 2 – paragraph 1 – point x a (new): (xa) ‘EU Relocation Coordinator’ means the person appointed by the Commission and with the mandate as defined in Article 58 a of this Regulation;

RemovedArticle 2 – paragraph 1 – point z: deleted / (deleted)

RemovedArticle 2 – paragraph 1 – point aa: deleted

RemovedArticle 3 – paragraph 1 – introductory part: The Union and the Member States shall take common actions in the field of asylum and migration management on the basis of a comprehensive approach including the principle of integrated policy-making, in compliance with international and Union law, ensuring coherence between asylum and migration management policies and consisting of the following components:

RemovedArticle 3 – paragraph 1 – point a: deleted

RemovedArticle 3 – paragraph 1 – point c: deleted

RemovedArticle 3 – paragraph 1 – point d: deleted

RemovedArticle 3 – paragraph 1 – point e: (e) effective management of the Union’s external borders, based on the European integrated border management as set out in Article 3 of Regulation (EU) 2019/1896 of the European Parliament and of the Council1a; / 1a Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).

RemovedArticle 3 – paragraph 1 – point g: (g) swift access to fair and efficient procedures for granting international protection on Union territory, including at Union borders and recognition of third-country nationals or stateless persons as refugees or beneficiaries of subsidiary protection;

RemovedArticle 3 – paragraph 1 – point h: (h) determination of the Member State responsible for the examination of an application for international protection, based on shared responsibility and rules and mechanisms for solidarity, as enshrined in Article 80, TFEU;

RemovedArticle 3 – paragraph 1 – point i: (i) access for applicants to adequate reception conditions, in accordance with the Reception Conditions Directive;

RemovedArticle 3 – paragraph 1 – point j: (j) return of irregularly staying third-country nationals in accordance with the Return Directive;

RemovedArticle 3 – paragraph 1 – point l: deleted

RemovedArticle 3 – paragraph 1 – point m: (m) where applicable, deployment and use of the operational tools set up at Union level, notably the Asylum Agency;

RemovedArticle 3 – paragraph 1 – point n: deleted

RemovedArticle 4: deleted / (deleted) / (deleted) / (deleted) / (deleted)

RemovedArticle 4 a (new): Article 4a / A long-term European Asylum and Migration Management Strategy / The Commission shall adopt a five-year European Asylum and Migration Management Strategy (the ‘Strategy’) setting out the strategic approach to ensure access to asylum procedures and the functioning and implementation of asylum and migration policies at Union level, in accordance with the principles set out in this Part and in Union primary law and applicable international law. The Commission shall transmit the Strategy to the European Parliament and the Council. / The first Strategy shall be adopted by ... [18 months after the entry of this Regulation] and every five years thereafter. / The Strategy shall include the components listed in Article 3, and also take into account: / (a) the implementation of the national asylum and migration management strategies of the Member States, referred to in Article 5, and their compliance with Union and international law; / (b) relevant information gathered by the Commission under the Commission Recommendation No XXX on an European Preparedness and Crisis Management Mechanism (the ‘Migration Preparedness and Crisis Blueprint’); / (c) information collected by the Commission and the Asylum Agency on implementation of the asylum acquis; / (d) information gathered from the European External Action Service and relevant Union bodies, offices and agencies, in particular reports by the Asylum Agency, European Border and Coast Guard Agency and the European Union Agency f…

RemovedArticle 4 b (new): Article 4b / Annual Situational Report / 1. The Commission shall monitor and provide information on the asylum, reception and migratory situation over the previous 12 month period as a whole through annual situational reports based on qualitative data and information provided by the Member States, the European External Action Service, the Asylum Agency, the European Border and Coast Guard Agency, the European Agency for Law Enforcement Cooperation (Europol), the European Union Agency for Fundamental Rights, and other relevant bodies, offices, agencies or organisations. The Commission shall transmit the annual situational reports to the European Parliament and the Council by [...] of each year. / The annual situational reports shall include: / (a) the total number of applications for international protection and the nationalities of the applicants, including the numbers of applications lodged by unaccompanied minors and other vulnerable persons; / (b) the reception capacity of the Member States; / (c) the number of third-country nationals who have been identified by Member States authorities that do not fulfil the conditions for entry, stay or residence in the Member State, including overstayers within the meaning of Article 3(1), point (19), of Regulation (EU) 2017/2226 of the European Parliament and of the Council1a; / (d) the number of return decisions issued by the Member States and the number of third-country nationals who left the territory of the Member States in accord…

RemovedArticle 4 c (new): Article 4c / Projected Annual Solidarity Needs / 1. The Commission shall, together with the transmission of the annual situational report as referred to in Article 4b, adopt a delegated act in accordance with Article 68, setting out the anticipated evolution of the migratory situation in the Member States and anticipated number of arrivals, including arrivals by sea, in particular through disembarkation following search and rescue operations or activities, in the following 12 months. / That delegated act shall also identify the Member States that experienced recurring arrivals by sea, in particular through disembarkation following search and rescue operations or activities in the previous 12 months. / 2. Where the Commission anticipates that one or more Member States could face a situation of migratory pressure, the delegated act shall also, for the upcoming year, set out the projected annual solidarity needs in the form of: / (a) the total number of required relocations pursuant to Article 45(1), points (a) and (c); / (b) the total number of required relocations allocated for applicants arriving by sea, in particular through disembarkation following search and rescue operations or activities; / (c) the total need of capacity-building measures pursuant to Article 45(2a). / The delegated act shall give priority to measures set out in Article 45(1). / The Commission shall consult with the Member State of Member States identified. / 3. Where a Member State is identified as havin…

RemovedArticle 5 – title: Principle of solidarity and fair sharing or responsibility and the duties of the Member States

RemovedArticle 5 – paragraph 1 – introductory part: 1. In implementing their obligations, the Member States shall observe the principle of solidarity and fair sharing of responsibility as enshrined in Article 80, TFEU, and shall take into account the shared interest in the effective functioning of the Union’s asylum and migration management policies.

RemovedArticle 5 – paragraph 1 a (new): 1a. In fulfilling their duties, Member States shall:

RemovedArticle 5 – paragraph 1 – point a: (a) establish and maintain national asylum and migration management systems that provide access to international and national protection procedures, provide and invest in adequate reception and grant such protection to those who are in need and ensure the effective and dignified return of those who are irregularly staying;

RemovedArticle 5 – paragraph 1 – point a a (new): (a a) ensure that sufficient funding and qualified and well-trained staff is allocated in all circumstances and, where they consider it necessary or where applicable, request support from Union bodies, offices and agencies for that purpose;

RemovedArticle 5 – paragraph 1 – point b: (b) take all measures necessary and proportionate, in full compliance with fundamental rights, to reduce and prevent irregular migration, including the prevention and fight against migrant smuggling and human trafficking, whilst protecting the rights of smuggled and trafficked people;

RemovedArticle 5 – paragraph 1 – point c: (c) apply correctly and expeditiously the rules on the determination of the Member State responsible for examining an application for international protection and, where necessary, carry out the transfer to the Member State responsible pursuant to Chapters I-VI of Part III and Chapter I of Part IV;

RemovedArticle 5 – paragraph 1 – point d: (d) provide effective support to other Member States in the form of solidarity contributions on the basis of needs set out in Chapters I-III of Part IV;

RemovedArticle 5 – paragraph 1 – point e: deleted

RemovedArticle 5 – paragraph 1 b (new): 1b. When implementing their obligations under paragraph 1a, Member States shall cooperate closely.

RemovedArticle 5 – paragraph 1 c (new): 1c. Member States shall have national strategies in place that establish the strategic approach to ensure they have the capacity to effectively implement their asylum and migration management system, in full compliance with their obligations under Union and international law, taking into account their specific situation, especially their geographical location. The Commission and relevant Union bodies, offices and agencies, in particular the Asylum Agency shall, within their respective mandates, be able to support the Member States when establishing their national strategies. Those strategies shall, at least, include: / (a) preventive measures to reduce the risk of migratory pressure and contingency planning, taking into account the contingency planning pursuant to Regulation (EU) 2021/2303 of the European Parliament and of the Council1a, Regulation (EU) 2019/1896 and Directive (EU) XXX/XXX [Reception Conditions Directive] and the reports of the Commission issued within the framework of the Migration Preparedness and Crisis Blueprint; / (b) information on how the Member States implement the principles set out in this Part and legal obligations stemming therefrom at national level; / (c) the results of the monitoring undertaken by the Asylum Agency and the European Border and Coast Guard Agency, of the evaluation carried out in accordance with Regulation (EU) 2022/922 as well as of the monitoring carried out in accordance with Article 7 of Regulation (EU) XXX/XXX [Screening Reg…

RemovedArticle 5 – paragraph 2: 2. Financial and operational support by the Union for implementation of the obligations, including operational support from its agencies, shall be provided in accordance with the Regulation (EU) 2021/2303, Regulation (EU) 2019/1986, Regulation (EU) 2021/1147and Regulation (EU) 2021/11481a. / 1a Regulation (EU) 2021/1148 of the European Parliament and of the Council of 7 July 2021 establishing, as part of the Integrated Border Management Fund, the Instrument for Financial Support for Border Management and Visa Policy (OOJ L 251, 15.7.2021, p. 48).

RemovedArticle 6: deleted

RemovedArticle 6 a (new): Article 6a / Governance and monitoring of the asylum and migration management / 1. The Commission, the Council and the Member States shall ensure the consistent implementation of asylum and migration management policies, including both the internal and external components of those policies, in consultation with and with full respect for the competencies of the institutions and agencies of the Union and Member States responsible for external policies. / 2. The Commission, the Council and the Member States, acting within their respective competences, shall be responsible for the implementation of the asylum and migration management policies that comply fully with Union and international law, including with regard to fundamental rights, taking into account the comprehensive approach referred to in Article 3.

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

RemovedArticle 7 a (new): Article 7a / Cooperation with third countries on asylum, border and migration management / 1. The Union and the Member States shall promote and build tailor-made and mutually beneficial partnerships and close cooperation with relevant third countries, in order to / (i) promote legal migration and well-managed mobility for third-country nationals in need of international protection and for those otherwise admitted to reside legally in the Member States; / (ii) support partners hosting large numbers of migrants and refugees in need of protection and build their operational capacities; / (iii) strengthen bilateral, regional and international partnerships on migration, forced displacement, legal pathways and mobility partnerships; / (iv) support effective and human rights based migration policies; / (v) reduce the vulnerabilities caused by human trafficking and smuggling; / (vi) address drivers of irregular migration and forced displacement; / (vii) enhance readmission and reintegration. / 2. The partnerships and close cooperation with third countries shall be implemented in compliance with Union law and based on human rights, rule of law and respect of Union’s common values. / 3. The Commission and Member States shall also take measures to assess and promote other measures designed to foster and enhance mutually benefitting cooperation with third countries. / 4. The Commission, the Council, and the Member States shall, within their respective competences, take actions which prom…

RemovedArticle 8 – title: The procedure for determining the Member State responsible for examining an application for international protection

RemovedArticle 8 – paragraph 1: 1. Member States shall examine any application for international protection by a third-country national or a stateless person who applies on the territory of any one of them, including at the border or in the transit zones. The application shall be examined by a single Member State at a time, which shall be the one which the criteria set out in Chapter II of Part III indicate is responsible.

RemovedArticle 8 – paragraph 2: 2. Where no Member State can be designated as responsible for the examination of the application for international protection on the basis of the criteria listed in this Regulation, the first Member State in which the application for international protection was registered shall be responsible for examining it, pursuant to Article 21.

RemovedArticle 8 – paragraph 3: 3. Where it is impossible for a Member State to transfer an applicant or a beneficiary of international protection to the Member State primarily designated as responsible because there are substantial grounds for believing that there is a real risk of violations of the applicant’s fundamental rights or there are systemic flaws in the asylum procedure or in the reception conditions for applicants or the beneficiaries of international protection in that Member State, the determining Member State shall continue to examine the criteria set out in Chapter II of Part III in order to establish whether another Member State can be designated as responsible. / Where a Member State cannot carry out the transfer pursuant to the first subparagraph and cannot establish whether another Member State can be designated as responsible on the basis of the criteria set out in Chapter II of Part III or to the first Member State with which the application was registered, that Member State shall become the Member State responsible for the examination of that application for international protection.

RemovedArticle 8 – paragraph 4 – subparagraph 1: If a security check provided for in Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] has not been carried out, the first Member State in which the application for international protection was registered shall examine whether there are reasonable grounds to consider the applicant a threat to internal security of that Member State, as soon as possible, at the latest within three days after the registration of the application, before applying the criteria for determining the Member State responsible pursuant to Chapter II or the clauses set out in Chapter III of Part III.

RemovedArticle 8 – paragraph 4 – subparagraph 2: If a security check provided for in Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] has been carried out, but the first Member State in which the application for international protection was registered has justified reasons to examine whether there are reasonable grounds to consider the applicant a threat to internal security of that Member State, that Member State shall carry out the examination as soon as possible after the registration of the application, before applying the criteria for determining the Member State responsible pursuant to Chapter II or the clauses set out in Chapter III of Part III.

RemovedArticle 8 – paragraph 4 – subparagraph 3: Where the security check carried out in accordance with Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] or in accordance with the first and second subparagraphs of this paragraph shows that there are reasonable grounds to consider the applicant a threat to internal security of the Member State carrying out the security check, that Member State shall be the Member State responsible.

RemovedArticle 8 – paragraph 5: deleted

RemovedArticle 9 – title: Cooperation of the applicant with the competent authorities

RemovedArticle 9 – paragraph 1: 1. Where a third-country national or stateless person intends to make an application for international protection, the application shall be made and registered in the Member State of first entry or the Member State in which that third-country national or stateless person is legally present.

RemovedArticle 9 – paragraph 2: 2. By derogation from paragraph 1, where a third-country national or stateless person who intends to make an application for international protection is in possession of a residence permit or a visa, either valid or which has expired, the application shall be made and registered in the Member State that issued the residence permit or visa. / (deleted)

RemovedArticle 9 – paragraph 3: 3. The applicant shall fully cooperate with the competent authorities of the Member States in matters covered by this Regulation, in particular by submitting and disclosing, as soon as possible all the elements and information available to him or her to determine the Member State responsible. The competent authority shall set a reasonable time limit within the period referred to in Article 29(1) for submitting such evidence, taking into account the circumstances of the individual case and shall inform the applicant thereof.

RemovedArticle 9 – paragraph 3 – subparagraph 1 a (new): The competent authorities shall consider elements and information submitted also after a take charge request is sent if the elements or information are of such nature that they provide key and reliable evidence which is crucial for determining the Member State responsible, in particular regarding unaccompanied minors and family reunification.

RemovedArticle 9 – paragraph 4 – introductory part: 4. The applicant shall be required, within reason, to be present and to remain available to the competent authorities or judicial authorities in:

RemovedArticle 9 – paragraph 4 – point c: (c) the Member State of relocation following a transfer pursuant to Article 57(8).