Changes from plenary report to adopted text

RemovedArticle 41 – paragraph 1: 1. Each Member State shall notify the Commission without delay of the specific authorities responsible for fulfilling the obligations arising under this Regulation, and any amendments thereto. The Member States shall ensure that those authorities have the necessary human, material and financial resources for carrying out their tasks and in particular for applying the procedures for determining the Member State responsible for examining an application for international protection in a rapid and efficient manner, safeguarding procedural and fundamental rights, replying within the prescribed time limits to requests for information, requests to take charge or, take back notifications and, if applicable, complying with their obligations under Chapters I-III of Part IV.

RemovedArticle 42 – paragraph 3: 3. Before concluding or amending any arrangement as referred to in paragraph 1, point (b), the Member States concerned shall consult the Commission as to the compatibility of the arrangement with this Regulation and relevant Union acquis, including the Charter of Fundamental Rights.

RemovedArticle 42 – paragraph 4: 4. If the Commission considers the arrangements referred to in paragraph 1, point (b), to be incompatible with this Regulation and relevant Union acquis, it shall, within a reasonable period, notify the Member States concerned. The Member States shall take all appropriate steps to amend the arrangement concerned within a reasonable time in such a way as to eliminate any incompatibilities observed.

RemovedArticle 43 – paragraph 1: The Asylum Agency shall set up and facilitate the activities of a network or networks of the competent authorities referred to in Article 41(1), with a view to enhancing the transfers, practical cooperation and information sharing on all matters related to the full application of this Regulation, including the development of practical tools, best practices and guidance.

RemovedArticle 43 – paragraph 1 a (new): 1a. The European Border and Coast Guard Agency and other relevant Union bodies, offices and agencies shall be represented in a network or networks when necessary.

RemovedArticle 44: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

RemovedArticle 45 – title: Solidarity contributions to a Member State under migratory pressure

RemovedArticle 45 – paragraph 1 – introductory part: 1. Solidarity contributions for the benefit of a Member State under migratory pressure, including as a result of recurring arrivals by sea, in particular through disembarkations following search and rescue operations and activities or as a result of the arrival of persons in a vulnerable situation, shall be provided by a contributing Member State and reflect the needs of the benefitting Member State and primarily consist of:

RemovedArticle 45 – paragraph 1 – point a: (a) relocation of applicants for international protection;

RemovedArticle 45 – paragraph 1 – point b: deleted

RemovedArticle 45 – paragraph 1 – point c: (c) relocation of beneficiaries of international protection who have been granted international protection less than three years prior to adoption of an implementing act pursuant to Article 53 and who have requested or consented to such relocation in writing.

RemovedArticle 45 – paragraph 1 – point d: deleted

RemovedArticle 45 – paragraph 1 a (new): 1a. A contributing Member State may, with the agreement of the benefitting Member State, also decide to examine an application for international protection pursuant to Article 25.

RemovedArticle 45 – paragraph 2: deleted / (deleted) / (deleted)

RemovedArticle 45 – paragraph 2 a (new): 2a. A contributing Member State may commit to capacity-building measures in the benefitting Member State pursuant to Article 55a(1).

RemovedArticle 45 a (new): Article 45a / Voluntary contributions to another Member State / Voluntary contributions for the benefit of another Member State may be provided by a contributing Member State. Such contributions may consist of: / (a) solidarity contributions referred to in Article 45(1); / (b) capacity building measures pursuant to Article 55a (2).

RemovedArticle 45 b (new): Article 45b / Annual solidarity pool / 1. The Commission, led by the EU Relocation Coordinator shall each year establish an annual solidarity pool on the basis of the projected annual solidarity needs pursuant to Article 4b. The pool shall consist of: / (a) the total number of required relocation pursuant to Article 45(1), points (a) and (b); / (b) the total number of required relocations allocated for applicants arriving by sea, in particular through disembarkations following search and rescue operations or activities; / (c) the total need for capacity-building measures pursuant to Article 45(2). / Where the Commission adopts an amending delegated act pursuant to Article 4c(5), the pledges in the solidarity pool shall be updated accordingly. / The Commission and the Member States shall at all times prioritise relocation pursuant to Article 45(1), as the primary measure of solidarity. / 2. Within two weeks from the adoption of the delegated act pursuant to Article 4c, the EU Relocation Coordinator shall convene the Solidarity Forum. / Within the same two weeks, the Commission shall invite all contributing Member States, to provide pledges of their anticipated solidarity contributions to meet the identified needs. The pledges shall include the share of each type of contribution. / 3. At least 80 % of pledges in the solidarity pool shall be made up of relocation pursuant to paragraph 1, points (a) and (b), of this Article or the application of the discretionary clause pursuant …

RemovedArticle 46 – paragraph 1: 1. A Solidarity Forum shall comprise all Member States, represented at the level of responsibility and decision-making power that is approproiate in order to provide solidarity contributions for the creation of the solidarity pool pursuant to Article 45 a or solidarity response in situations of migratory pressure pursuant to Article 52. / The EU Relocation Coordinator shall, on behalf of the Commission, convene and preside the Solidarity Forum in order to ensure the smooth functioning of the solidarity mechanism and enhance the practical contributions between the Member States pursuant to 45b and Article 52.

RemovedArticle 46 – paragraph 1 a (new): 1a. The Solidarity Forum shall meet at least twice a year in order for the Member States to provide their pledges to the creation of the Solidarity Pool pursuant to 45b and as frequently as necessary according to needs as identified in accordance with Article 52.

RemovedArticle 46 – paragraph 1 b (new): 1b. The Asylum Agency shall participate in the Solidarity Forum. / The European Border and Coast Guard Agency and the European Union Agency for Fundamental Rights shall, where appropriate and where invited by the EU Relocation Coordinator, participate in the Solidarity Forum.

RemovedArticle 47: deleted

RemovedArticle 48: deleted

RemovedArticle 49: deleted

RemovedArticle 49 a (new): Article 49a / Notification of migratory pressure / 1. A Member State that has been identified in the delegated act referred to in Article 4c as a Member State that could face a situation of migratory pressure shall, when it considers itself to be under the migratory pressure as provided for in the delegated act, notify the Commission. / 2. Following that notification, a solidarity response shall be provided in accordance with Article 52. Where necessary and where applicable, the Commission shall have recourse to Article 53.

RemovedArticle 50 – paragraph -1 (new): -1. A Member State that has not been identified in the delegated act referred to in Article 4c shall, when it considers itself to be under migratory pressure, immediately request the Commission to assess whether it is under migratory pressure. / A Member State that has been identified in the delegated act referred to in Article 4c may also request such an assessment when faced with a situation of migratory pressure not provided for in that delegated act.

RemovedArticle 50 – paragraph 1 – introductory part: 1. The Commission shall, within one week of the request, initiate an assessment of whether the Member State that made the request is under migratory pressure.

RemovedArticle 50 – paragraph 1 – subparagraph 1 a (new): The Commission shall also assess the migratory situation in a Member State where:

RemovedArticle 50 – paragraph 1 – point a: deleted

RemovedArticle 50 – paragraph 1 – point b: (b) it considers, based on available information, that a Member State could be under migratory pressure;

RemovedArticle 50 – paragraph 1 – point b a (new): (ba) the European Parliament or the Council request the Commission to carry out such an assessment.

RemovedArticle 50 – paragraph 2: 2. The Asylum Agency, the European Border and Coast Guard Agency and the European Union Agency for Fundamental Rights, shall assist the Commission in drawing up the assessment of migratory pressure, in cooperation with the Member State concerned. The Commission shall immediately inform the European Parliament, the Council and the Member States, that it is undertaking an assessment.

RemovedArticle 50 – paragraph 3 – introductory part: 3. The assessment of migratory pressure shall be based on the situation in the Member State concerned during the preceding twelve months, compared to the overall situation in the Union, and shall be based on the information referred to in Article 4b(1), second subparagraph, including the information gathered through the monitoring conducted by the Asylum Agency.

RemovedArticle 50 – paragraph 3 – point a: deleted

RemovedArticle 50 – paragraph 3 – point b: deleted / (deleted)

RemovedArticle 50 – paragraph 3 – point c: deleted

RemovedArticle 50 – paragraph 3 – point d: deleted

RemovedArticle 50 – paragraph 3 – point e: deleted

RemovedArticle 50 – paragraph 3 – point f: deleted

RemovedArticle 50 – paragraph 3 – point g: deleted

RemovedArticle 50 – paragraph 3 – point h: deleted

RemovedArticle 50 – paragraph 3 – point i: deleted

RemovedArticle 50 – paragraph 3 – point j: deleted

RemovedArticle 50 – paragraph 3 – point k: deleted

RemovedArticle 50 – paragraph 4 – point a: deleted

RemovedArticle 50 – paragraph 4 – point b: deleted

RemovedArticle 50 – paragraph 4 – point c: deleted

RemovedArticle 50 – paragraph 4 – point d: (d) the relevant Recommendations provided for in Article 15 of Regulation (EU) 2022/922, Article 13, 14 and 22 of Regulation (EU) 2021/2303 and Article 32(7) of Regulation (EU) 2019/1896; / (deleted)

RemovedArticle 50 – paragraph 4 – point f: deleted

RemovedArticle 50 – paragraph 4 – point g: deleted

RemovedArticle 50 – paragraph 4 – point h: deleted

RemovedArticle 50 – paragraph 4 – point i: deleted

RemovedArticle 50 – paragraph 4 – point j: deleted

RemovedArticle 50 – paragraph 4 a (new): 4a. Where during the assessment of migratory pressure in accordance with this Article, the Commission considers that the situation may be a situation of crisis pursuant to Article X of Regulation (EU) xxx/xxx [Crisis Regulation], and the Member State concerned agrees, the Commission shall also assess whether the Member State concerned is in a situation of crisis instead of under migratory pressure.

RemovedArticle 51 – title: Delegated act to determine migratory pressure

RemovedArticle 51 – paragraph 1 – subparagraph 2: deleted

RemovedArticle 51 – paragraph 2: deleted

RemovedArticle 51 – paragraph 2 a (new): 2a. The Commission shall, within two weeks after it informed the European Parliament, the Council and the Member States pursuant to Article 50(2) that it was carrying out an assessment, adopt a delegated act determining whether the Member State concerned is under migratory pressure.

RemovedArticle 51 – paragraph 3 – introductory part: 3. Where the Commission concludes that the Member State concerned is under migratory pressure, the delegated act shall identify:

RemovedArticle 51 – paragraph 3 – point a: (a) the capacity of the Member State under migratory pressure in the field of migration management, in particular asylum, reception and return as well as its overall needs in managing its asylum and return caseload;

RemovedArticle 51 – paragraph 3 – point a a (new): (aa) measures that the Member State has taken to enhance its asylum, reception and migration system;