Changes from plenary report to adopted text

RemovedArticle 51 – paragraph 3 – point b – point i: (i) measures that the Member State under migratory pressure shall take in the field of migration management, and in particular to enhance its asylum, reception and migration system;

RemovedArticle 51 – paragraph 3 – point b – point ii: (ii) measures referred to in Article 45(1) to be taken by other Member States;

RemovedArticle 51 – paragraph 3 – point b – point iii: (iii) measures referred to in Article 45(2).

RemovedArticle 51 – paragraph 4: deleted

RemovedArticle 51 – paragraph 4 a (new): 4a. The delegated act shall identify the capacity of the solidarity pool and the distribution of solidarity contributions among the contributing Member States in accordance with the implementing act referred to in Article 46.

RemovedArticle 51 – paragraph 4 b (new): 4b. The delegated act shall set out the time frame for the implementation of solidarity contributions pursuant to Article 45(1), taking into account the need for urgent actions for the Member State concerned.

RemovedArticle 51 – paragraph 4 c (new): 4c. Where, in a case of migratory pressure, imperative grounds of urgency so require, the procedure provided for in Article 68a shall apply to delegated acts adopted pursuant to this Article.

RemovedArticle 52 – title: Solidarity Response in situations of migratory pressure

RemovedArticle 52 – paragraph 1: deleted

RemovedArticle 52 – paragraph 1 a (new): 1a. The EU Relocation Coordinator shall, without delay, and no later than within two weeks following a notification pursuant to Article 49a or the adoption of a delegated act pursuant to Article 51 coordinate the relocation.

RemovedArticle 52 – paragraph 2: deleted

RemovedArticle 52 – paragraph 2 a (new): 2a. Where the Commission has adopted a delegated act pursuant to Article 51, the EU Relocation Coordinator shall convene the Solidarity Forum, where the capacity of the solidarity pool referred to in 45b falls short of the identified needs. The Solidarity Forum shall take place no later than one week after the adoption of the delegated act. / Where the Commission has received a notification pursuant to Article 49a and the capacity of the solidarity pool referred to in 45b is no longer able to meet the identified needs, the EU Relocation Coordinator shall convene the Solidarity Forum no later than one week after receipt of that notification. / The Commission shall consider measures at its disposal to encourage increased pledges by the contributing Member States.

RemovedArticle 52 – paragraph 3 – subparagraph 1: deleted

RemovedArticle 52 – paragraph 3 – subparagraph 2: deleted

RemovedArticle 52 – paragraph 3 – subparagraph 3: deleted

RemovedArticle 52 – paragraph 3 a (new): 3a. The Member States which are not themselves benefitting Member States shall at the Solidarity Forum provide additional pledges by completing the Solidarity Response Plan form in Annex II setting out the solidarity contributions referred to in Article 45. Member States shall prioritise the relocation of vulnerable persons, and in particular of unaccompanied minors. / Where Member States propose more than one type of contribution set out in Article 45 they shall indicate the share of each, including the detailed arrangements for its implementation, within the timeframe set out in Article 51(5).

RemovedArticle 52 – paragraph 3 b (new): 3b. A benefitting Member State may request the contributing Member States to take responsibility for applications for international protection for which the benefitting Member State has been determined as responsible pursuant to Articles 19-23. Where contributing Member States agree, pursuant to Article 25 of this Regulation, to take responsibility for applications of international protection for which the benefitting Member State has been determined as responsible, they shall indicate their responsibility pursuant to Article x of Regulation (EU) xxx/xxx [Eurodac Regulation]. / The first subparagraph shall not apply where the applicant is an unaccompanied minor and Article 15 applies.

RemovedArticle 52 – paragraph 4: 4. Where the solidarity contributions indicated in the Solidarity Response Plans correspond to the needs identified in the delegated act provided for in Article 51, or the needs identified in the notification received pursuant to Article 49a, the Commission shall, no later than within one week from the adoption of that delegated act or receipt of that notification, adopt an implementing act setting out the solidarity contributions from the Contributing Member States.

RemovedArticle 52 – paragraph 5: deleted

RemovedArticle 52 a (new): Article 52a / Postponement of transfer procedures / 1. A benefitting Member State may, at any time when under migratory pressure, notify to the Commission and the other Member States of the temporary postponement of the transfer of applicants for a maximum period of nine months where it is responsible for the examination of their applications pursuant to Article 23. Transferring Member States shall not carry out transfers to the benefitting Member State during that established period, which shall in any case not be longer than the remaining part of the year. The time limits laid down in Article 35(1) shall start on the dates the postponement period ends. / 2. This temporary postponement is without prejudice to the possibility for the transferring Member States to assume responsibility, pursuant to Article 25 at any time for the applications in respect of which the transfer was pending. / 3. Applicants whose transfer is postponed in accordance with paragraph 1 shall benefit from the reception conditions, in accordance with Article 17a of Directive (EU) XXX/XXX [Reception Conditions Directive] and 9(4), point (a), of this Regulation.

RemovedArticle 53 – paragraph 1: deleted

RemovedArticle 53 – paragraph 1 a (new): 1a. Where the Commission considers that the solidarity contributions as referred to in Article 52(2) do not correspond to the needs identified in the delegated act to determine migratory pressure provided for in Article 51, or in the notification made pursuant to Article 49a, it shall set out the solidarity contributions of the contributing Member States as submitted by them and the distribution of solidarity contributions in accordance with the reference key for the remaining needs in an implementing act.

RemovedArticle 53 – paragraph 2: deleted / (deleted) / (deleted) / (deleted)

RemovedArticle 53 – paragraph 2 a (new): 2a. The implementing act shall be adopted in accordance with the advisory procedure referred to in Article 67(1a) no later than within two weeks from the submission of the notification pursuant to Article 49 or the delegated act referred to in Article 51 to the Member State concerned, the European Parliament and the Council.

RemovedArticle 53 – paragraph 3 – subparagraph 1 – point a: (a) the total number of persons to be relocated from the requesting Member State pursuant to Article 45(1) and the share of each contributing Member State;

RemovedArticle 53 – paragraph 3 – subparagraph 1 – point a a (new): (aa) capacity building measures in accordance with Article 55a(1) and the timeframe for its implementation.

RemovedArticle 53 – paragraph 3 – subparagraph 1 – point b: deleted

RemovedArticle 53 – paragraph 3 – subparagraph 1 – point c: deleted

RemovedArticle 53 – paragraph 3 – subparagraph 1 – point d: deleted

RemovedArticle 53 – paragraph 3 – subparagraph 2: deleted

RemovedArticle 53 – paragraph 3 – subparagraph 2 a (new): The distribution referred to in the first subparagraph, point (a), of this paragraph shall be adjusted accordingly if a Member State has the right to a deduction of its share pursuant to Article 54(2).

RemovedArticle 53 – paragraph 4: deleted

RemovedArticle 53 – paragraph 5 – subparagraph 2: Those acts shall apply for a period not exceeding 1 year.

RemovedArticle 53 – paragraph 6: 6. The Commission shall report on the application of the implementing act one month after it ceases to apply. The report shall contain an analysis of the effectiveness of the measures undertaken.

RemovedArticle 54 – title: Reference key

RemovedArticle 54 – paragraph 1 – introductory part: 1. The share of solidarity contributions referred to in Article 45(1) shall be based on the following criteria for each Member State, according to the latest available Eurostat data:

RemovedArticle 54 – paragraph 1 a (new): 1a. A Member State proposing solidarity contributions set out in Article 45(1), may request a deduction of 10 % of its share calculated according to the reference key where it indicates in the Solidarity Response Plans that over the preceding ten years it has examined twice the Union average per capita of applications for international protection.

RemovedArticle 55: deleted

RemovedArticle 55 a (new): Article 55a / Capacity-building measures / 1. A Member State may commit to support another Member State by providing capacity-building measures in the field of asylum, reception and pre-departure reintegration and operational support pursuant to Article 45(2). / Such measures shall be identified in the delegated act adopted on migratory pressure pursuant to Article 4c and 51 and address the specific needs of the benefitting Member State. / 2. A Member State may commit to support another Member State at risk of migratory pressure by providing capacity-building measures in the field of asylum, reception, return and reintegration and operational support, including through cooperation with third countries. / Such measures shall be identified by the Commission and the benefitting Member State in their national strategies pursuant to Article 5. / 3. Capacity-building measures in third countries shall be limited to measures which: / (a) enhance the capacity of asylum and reception in third countries, by strengthening, human and institutional expertise and capacity; / (b) promoting legal migration and well-managed mobility; / (c) reducing the vulnerabilities caused by human trafficking and smuggling and address the drivers of irregular migration and forced displacement; / (d) strengthening bilateral, regional and international partnerships on migration, forced displacement, legal pathways and mobility partnerships; / (e) supporting effective and human rights based migration policies;…

RemovedArticle 56: deleted / (deleted) / (deleted) / (deleted) / (deleted)

RemovedArticle 56 a (new): Article 56a / Support from Union bodies, offices and agencies / 1. The Union bodies, offices and agencies acting in the field of asylum, border and migration management shall, within their respective mandates, provide support to the Member States and the Commission with a view to ensuring the proper implementation and functioning of this Regulation. / For the purpose of the first subparagraph, the relevant Union bodies, offices and agencies may provide competent authorities in the Member States with analyses, expertise and operational support. / 2. Where requested by a Member State, a Union body, office or agency shall provide it with support. The Commission or a Union body, office or agency may, on its own initiative, propose to provide a specific Member State with support. / Where the Commission or a Union body, office or agency proposes support to a Member State, that Member State shall take due account of the proposal. The Member State concerned may accept, amend or reject the proposal.

RemovedArticle 57 – paragraph 1 – introductory part: 1. The procedure set out in this Article shall apply for the relocation of persons referred to in Article 45(1) and in Article 45a, point (a).

RemovedArticle 57 – paragraph 1 – point a: deleted

RemovedArticle 57 – paragraph 1 – point b: deleted

RemovedArticle 57 – paragraph 1 – subparagraph 1 a (new): The identification of persons who could be relocated shall be made by the benefitting Member State, in close cooperation the EU Relocation Coordinator, the contributing Member State and the Asylum Agency.

RemovedArticle 57 – paragraph 2: deleted

RemovedArticle 57 – paragraph 2 a (new): 2a. For the purpose of paragraph 1, the benefitting and contributing Member States shall make use of the pre-screening criteria adopted by the Asylum Agency. The applicant shall be fully informed and consulted in the procedure of determination of the meaningful links and shall have the right to present relevant information and documentation to determine links to a specific Member State. / Where the identified person to be relocated is a beneficiary for international protection, the person concerned shall be relocated only after that person has consented to the relocation in writing. / Applicants who do not have links to any other country shall be fairly shared among the remaining participating Member States. Where applicable, the wish of the applicant to be relocated to a specific country shall be considered.

RemovedArticle 57 – paragraph 3: deleted / (deleted) / (deleted)

RemovedArticle 57 – paragraph 3 a (new): 3a. The EU Relocation Coordinator should support the relocation activities from the benefitting Member State to the contributing Member State.

RemovedArticle 57 – paragraph 4: deleted

RemovedArticle 57 – paragraph 5: 5. The benefitting Member State shall notify and transmit to the contributing Member State as quickly as possible the relevant information and documents on the person referred to in paragraph 1.

RemovedArticle 57 – paragraph 6: 6. The contributing Member State shall confirm within 72 hours that it will relocate the person concerned.

RemovedArticle 57 – paragraph 6 – subparagraph 1 a (new): A contributing Member State may verify that there are no reasonable grounds to consider the person concerned an individual and specific threat to its internal security where: / (a) a security check in accordance with Article X of Regulation (EU) xxx/xxx has provided a hit related to internal security; / (b) a security check has not previously been carried out in accordance with Regulation (EU) xxx/xxx [Screening Regulation]. / Where the checks confirm that there are reasonable grounds to consider the person concerned an individual and specific threat to internal security, the contributing Member State shall inform within 72 hours the benefitting Member State that relocation of that person shall not take place. / Failure to act within the 72 hours shall be considered as confirming the notification and entail the obligation to relocate the person.

RemovedArticle 57 – paragraph 7: deleted / (deleted) / (deleted) / (deleted)

RemovedArticle 57 – paragraph 8: 8. The benefitting Member State shall take a relocation decision at the latest within one week of the confirmation by the Member State of relocation. It shall notify the person concerned in writing without delay of the decision to transfer him or her to that Member State, and at the latest 48 hours before the relocation in case of applicants and 1 week before the relocation in case of beneficiaries.

RemovedArticle 57 – paragraph 8 – subparagraph 1 a (new): Where the person to be relocated is an applicant, he or she shall comply with the relocation decision.

RemovedArticle 57 – paragraph 9: 9. The relocation of the person concerned from the benefitting Member State to the contributing Member State shall be carried out in accordance with the national law of the benefitting Member State, after consultation between the Member States concerned, as soon as practically possible, and at the latest within 4 weeks of the confirmation by the contributing Member State or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with Article 33(3).

RemovedArticle 57 – paragraph 11: 11. The Commission shall, by means of implementing acts, adopt uniform conditions for the preparation and submission of information and documents for the purpose of relocation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2). In the preparation of those implementing acts, the Commission shall consult the Asylum Agency and the EU Relocation Coordinator.

RemovedArticle 58 – paragraph 1: 1. The contributing Member State shall inform the benefitting Member State, Asylum Agency and the EU Relocation Coordinator of the safe arrival of the person concerned or of the fact that he or she did not appear within the set time limit.

RemovedArticle 58 – paragraph 2 – subparagraph 1: The contributing Member State shall not apply the procedures set out in Part III after relocating an applicant or beneficiary for international protection.