Changes from report parliamentary committee draft to plenary report

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

▸10 unchanged paragraphs

on the proposal for a Regulation of the European Parliament and of the Council establishing a Union Resettlement Framework and amending Regulation (EU) No 516/2014 of the European Parliament and the Council

(COM(2016)0468 – C80325/2016 – 2016/0225(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2016)0468),

– having regard to Article 294(2) and Article 78(2)(d) and (g) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C80325/2016),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee of 25 January 2017,

– having regard to the opinion of the Committee of the Regions of 8 February 2017,

– having regard to Rule 59 of its Rules of Procedure,

Changed– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Foreign Affairs and the Committee on Budgets (A80000/2017),(A8-0316/2017),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Change 1

ChangedRecital 1 a (new): (1 a) Resettlement is thea selection,well-established admissionact andof transfersolidarity with refugee-hosting countries based on humanitarian needs. Resettlement consists of the selection of third-country nationals and stateless persons in need of international protection fromin a state in which they have sought protection and their transfer from that state and admission to another state with a view to granting them international protection and providing them with a durable solution. Resettlement is a well-established act of solidarity with refugee-hosting countries based on humanitarian needs. Resettlement has three interrelated and complementary functions: it is a tool for protection, it is a durable solution and it is a responsibility-sharing mechanism.

Change 2

ChangedRecital 1 b (new): (1 b) UNHCRThe United Nations High Commissioner for Refugees (UNHCR) is mandated by its statute and theUnited UNNations General Assembly (UNGA) resolutions to undertake resettlement as one durable solution for persons in protracted refugee situations. The UNHCR’s expertise in thethis field is based on decades of work and a globally supported mandate. The UNHCR’s competence in this field should be a source of support for Member States' resettlement programmes, and for the Union Resettlement Framework.

Change 3

ChangedRecital 1 c (new): (1 c) According to Article 78(1) TFEU, the Union's asylum policy mustis to be in accordance with the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees, and other relevant treaties. TheseThose treaties are grounded in Article 14 of the 1948 Universal Declaration of Human Rights, which recognises the right of persons to seek asylum from persecution in other countries. Resettlement will not replace the spontaneous arrival of asylum-seekers in the Union.

Change 4

RemovedRecital 1 d (new): (1 d) Resettlement is one legal pathway, and should be complemented by other legal pathways, including extended family reunification, humanitarian visas, humanitarian admission programmes, private sponsorship programmes, and labour migration.

AddedRecital 1 d (new): (1d) The cohesion and effectiveness of the Common European Asylum System (CEAS) should be guaranteed. This will entail, in particular, enhancing the legal and safe avenues for entry into the Union for third-country nationals or stateless persons who are in need of international protection. Resettlement is a legal pathway which should offer the most vulnerable third-country nationals or stateless persons a durable solution and should be complemented by other legal pathways.

RemovedRecital 1 e (new): (1 e) The Union Resettlement Framework should be based on humanitarian needs, contribute to meeting the global resettlement needs and alleviate protracted refugee situations. It should conform to already existing structures for resettlement, notably the Annual Tripartite Consultations on Resettlement (ATCR), with the aim of gradually scaling up Member States' collective resettlement efforts to reach at least 25% of the global resettlement needs as outlined in UNHCRs annual projected global resettlement needs.

AddedRecital 1 e (new): (1e) Resettlement is a tool for protection. Family reunification should be independent of resettlement targets and should be maintained as a key mechanism to ensure that Union citizens and third country nationals legally residing in the territory of the Member States enjoy their fundamental right to respect for family life. The resettlement procedure should not be used for family members who would otherwise have a right to join their family in a Member State in a timely manner in accordance with other legal acts of the Union or national law. In cases where Union or national law does not apply, it should be possible to use the resettlement procedures for the purposes of extended family reunification. Member States should adopt flexible family reunification policies, and ensure that family reunification programmes are developed outside of their resettlement quotas.

RemovedEurope has 23.8% of the world's GDP, yet EU Member States host only around 8% of the world's refugees. This places a disproportionate burden on developing countries, which host the vast majority. 22 European countries resettled 13,040 persons in 2015 (9,629 to 17 EU Member States), with Europe contributing, on average, approximately 10 per cent to global resettlement intakes over the past five years. By contrast, that same year, the U.S. resettled 69,933 refugees. In order for an EU Resettlement Framework to add value, it needs to increase both the quality and the quantity of resettlement to the Union. If we want to reduce the need for dangerous journeys, reduce loss of lives and reliance on smuggling networks, this will only become a reality when the number of places offered is credible and meaningful. Therefore, the rapporteur suggests to clearly align the Union Framework to already existing and successful structures, and to increase the number of resettlement places reflecting the EUs responsibility as a global region with the capacity to do so. The will from Member States to contribute to global resettlement needs is clear as more and more Member States are starting national resettlement programmes for the first time. The Union Resettlement Framework should be a stepping stone to increasing our collective effort.

AddedRecital 1 f (new): 1f) If one family member is being considered for resettlement (e.g. on protection grounds), Member States should seek to ensure, in line with the principle of family unity, that all of the person’s family members, including dependent non-nuclear family members, are resettled together. Member States should take a path of cultural sensitivity combined with a pragmatic approach as the best course of action in the process of determining the parameters of a given family. The nuclear family may be viewed as the core, but the element of dependency among family members, physical and financial, as well as psychological and emotional, should find its appropriate weight in the final determination. A culturally sensitive understanding of the family is important for those forced to flee due to persecution and civil conflict, as the extended relations may be the last line of defence for individuals who rely exclusively on the family unit for survival, psychological support, and emotional care.

Change 5

ChangedRecital 1 fg (new): (1 f)(1g) The Union Resettlement Framework should support and encourage Member States’States in the implementation of permanent resettlement programmes, whether they are old or new, graduallyand in the gradual increase Memberof States'their collective resettlement efforts and should support and facilitate the reception and integration of resettled persons.

Change 6

ChangedRecital 1 gh (new): (1 g)(1h) The New York Declaration for Refugees and Migrants1aMigrants adopted by the UNGA on 19 September 20161a urges states to scale up resettlement efforts and envisages a comprehensive refugee response framework in which "StatesStates aim to provide resettlement places and other legal pathways on a scale that would enable the annual resettlement needs identified by the Office of the United Nations High Commissioner for Refugees to be met."met. / 1a http://www.un.org/ga/search/view_doc.asp?symbol=A/71/L.1United Nations General Assembly Resolution A/RES/71/1.

Change 7

AddedRecital 1 i (new): (1 i) The concept of ‘danger to public health’ should be understood as disease with epidemic potential as defined by the International Health Regulations of the World Health Organisation.

Recital 4: deleted / (deleted)

Change 8

RemovedThe EU - Turkey Statement and the 1:1 scheme has been widely criticised and questioned by Human Rights actors. The statement has left tens of thousands of refugees in limbo in Greece in appalling conditions. Therefore, the rapporteur finds the reference to the EU - Turkey Statement inappropriate in a forward looking Resettlement Framework that aims to place EU on the international scene as an important actor.

Recital 5: deleted

Change 9

RemovedAs outlined by Amnesty and other human rights groups, the return of refugees from Greece to Turkey under the EU - Turkey Statement and its 1:1 scheme is undermining international law. Turkey is not seen as a safe country, nor as a country with a functioning asylum system. To uphold this procedure in the Framework of a solid resettlement scheme that is built on international asylum law is therefore inappropriate.

AddedRecital 8: (8) Building on the existing initiatives and in conformity with the existing international resettlement architecture, a stable and reliable Union Resettlement Framework should be established for the resettlement of persons in need of international protection to be implemented in accordance with Union resettlement plans and targeted Union resettlement schemes which effectively deliver on Member States' concrete commitments. The Union Resettlement Framework should be based on humanitarian needs, contribute to meeting the global resettlement needs and alleviate protracted refugee situations. The Union Resettlement Framework should conform to already existing structures for resettlement, in particular the Annual Tripartite Consultations on Resettlement (ATCR), with the aim of reaching at least 20% of UNHCR Annual Projected Global Resettlement Needs. In accordance with the principles of solidarity and fair sharing of responsibility among the Member States as laid down in Article 80 TFEU, efforts should be made over time to achieve a fair distribution of resettled persons among the Member States. Those efforts should be combined with efforts to establish international binding rules regarding the shared worldwide responsibility to resettle persons in need of resettlement as indicated by the UNHCR. / (In the context of “annual Union resettlement plan” it should be refered to “Union resettlement plan”withouth the word “annual”, This amendment applies throughout the text. Adopting it w…

RemovedRecital 8: (8) Building on the existing initiatives and in conformity with the existing international resettlement architecture, a stable and reliable Union Resettlement Framework should be established for the resettlement of persons in need of international protection to be implemented in accordance with Union resettlement plans and targeted Union resettlement schemes which effectively deliver on Member States' concrete commitments and are aligned with the Annual Projected Global Resettlement Needs as set out by UNHCR and presented at the Annual Tripartite Consultations on Resettlement (ATCR).

AddedRecital 9: (9) Such a framework, provided that it serves to enhance legal pathways for migration, is a necessary part of a well-managed migration policy and contributes to the smooth functioning of the CEAS which aims to support and expand existing national resettlement programmes, to support and help new resettlement efforts, to provide for the legal and safe arrival to the territory of the Member States of third-country nationals and stateless persons in need of international protection and to contribute to the provision of protection and durable solution for their needs. Such a framework that is coupled with development actions and policies might serve as an expression of solidarity with countries and regions to which a large number of persons in need of international protection has been displaced and can effectively contribute to decreasing tensions by helping to alleviate the pressure on those countries, specifically aiming at alleviating protracted refugee situations. Such a framework might also effectively contribute to global resettlement initiatives through speaking with one voice in international fora.

RemovedRecital 9: (9) Such a framework is a necessary part of a well-managed Common European Asylum System that supports and expands already existing national resettlement programmes, supports and helps new national resettlement efforts, provides for the legal and safe arrival to the territory of the Member States of third-country nationals and stateless persons in need of international protection, contributes to the provision of protection and durable solutions for the needs of an increasing number of third country nationals and stateless persons, is an expression of solidarity with countries and regions to which or within which a large number of persons in need of international protection has been displaced by helping to alleviate the pressure on those countries, and effectively contributes to global resettlement initiatives through speaking with one voice in international fora. Resettlement that is coupled with development actions and policies can effectively contribute to decreasing tensions and alleviate protracted refugee situations in third countries.

AddedRecital 9 a: (9a) Persons displaced within their own countries should be granted leave to enter the territory of the Union under humanitarian admission programmes. Due account should therefore be taken of humanitarian admission as an adjunct to resettlement. Measures for internally displaced persons (IDPs) taken by Member States under national humanitarian admission programmes should therefore be eligible for funding from the Union budget. National humanitarian admission programmes that receive Union funding should be in addition to resettlement targets under this Regulation. Consideration should be given to the scope for introducing a common Union procedure, which is separate from resettlement, for the admission of persons displaced within their own countries. When allowing for the admission of IDPs, Member States should first and foremost respect their right to return to their places of origin and should, under no circumstance, resettle them as a means of achieving Union or national foreign policy objectives.

Recital 10: deleted / (deleted)

Change 10

RemovedSeveral stakeholders such as UNHCR, IOM, ECRE, IRC, Caritas, Red Cross, Amnesty International and many more have voiced their concerns about linking resettlement with third countries cooperation in asylum and migration matters as this moves away from resettlement as a protection tool to provide assistance to the most vulnerable refugees. The rapporteur strongly believes that the humanitarian essence of resettlement must be safeguarded, and that resettlement must continue to be based on the needs of the most vulnerable refugees. Determining geographical priorities based on third countries cooperation in the area of migration and leveraging resettlement to reach foreign policy objectives would de facto jeopardize a humanitarian, needs-based and international protection approach.

AddedRecital 10 a (new): (10 a) In the context of the strategic use of resettlement, the Union should endeavour to establish from the outset close dialogue with the third countries from which persons are resettled, in particular those facing lasting crises characterised by the presence on their territory of long-term refugees. A dialogue of this kind should seek to maximise the benefits of resettlement from these countries by placing the emphasis on increasing their asylum capacities, integrating the refugees present on their territory and protecting those refugees against persecution and refoulement to third countries. The strategic use of resettlement should not be interpreted as migration control or used as a means to achieve the Union’s foreign policy objectives. The lack of strategic use of resettlement should not be used as a reason to exclude a country or region as a geographical priority. The same principle should be understood for complementarity with financial and technical assistance.

Change 11

ChangedRecital 11: (11) In order to create a Union Resettlement Framework and to enhance and support the increased participation of Member States,States in the Union Resettlement Framework, common standard procedures and common eligibility criteria and exclusionineligibility grounds for the selection should be laid down.down, as well as a common protection status to be granted to resettled persons.

Change 12

RemovedAlthough it is important to create incentives for MS to participate in the Union Framework, it is also important that this Framework does not discourage potential national efforts by enforcing common procedures, eligibility criteria or exclusion grounds on national programmes. Participation in the Union Resettlement Framework will be increased gradually by the added value that the programme will provide, and by the pooling of expertise and resources. Furthermore, the basis of resettlement as a durable solution is that states are expected to provide resettled persons with permanent residence. Therefore, it is vital that MS are able to issue residence permits that are more favourable than those suggested in Regulation (EU) No XXX/XXX [Qualification Regulation].

AddedRecital 12: (12) The common standard procedures should build on the existing resettlement experience and standards of the Member States and of the UNHCR. The Union Resettlement Framework should allow the use of two types of resettlement procedures.

RemovedRecital 12: (12) The common standard procedures should build on the existing resettlement experience and standards of the Member States and UNHCR. The Union Resettlement Framework should allow the use of an ordinary procedure, an expedited procedure and an emergency procedure.

AddedRecital 13: (13) All types of procedures should consist of the following stages: identification, submission of cases, assessment, decision and registration.

RemovedRecital 13: (13) All three types of procedures should consist of the following stages: identification, submission of cases, assessment, decision and registration.

AddedRecital 15 a (new): (15 a) An emergency procedure should be established with the same level of security checks as under the ordinary procedure. However, in the emergency procedure, the submission of emergency resettlement cases from the UNHCR should be subject to an accelerated assessment of the requirements and eligibility criteria established under this Regulation. Emergency resettlement cases should not necessarily be linked to the geographical priorities as established under this Regulation. Emergency places should reflect around 10% of the target number. All Member States should be encouraged to offer emergency places.

Change 13

ChangedRecital 15:16: (15)(16) AnThe expeditedresettlement procedure should be establishedconcluded withas thesoon sameas levelpossible ofin securityorder checksto asguarantee inprotection to and ensure access to the ordinaryUnion procedure.for However,persons in need of international protection. At the expeditedsame procedure,time it should beensure possiblethat toMember limitStates thehave assessmentsufficient oftime thefor internationala protectionfull needsand adequate examination of third-countryeach nationalscase. orThe statelesstime-limits personsshould correspond to anwhat assessmentis necessary to make the different types of theirassessment eligibilityforeseen for subsidiarythe protectionordinary withoutand assessingemergency theirprocedures. qualificationIn forboth refugeeprocedures, status.security checks should be carried out.

Change 14

RemovedRecital 15 a (new): (15 a) An emergency procedure should be established with the same level of security checks as in the ordinary procedure. However, in the emergency procedure, submission of urgent or emergency resettlement cases from UNHCR should be subject to an accelerated assessment of the requirements and eligibility criteria established under Article 5.

AddedRecital 17: (17) Any personal data collected for the purpose of the resettlement procedure should be stored in Eurodac for a maximum period of five years from the date of resettlement. This storage period will ensure that the persons concerned enjoy the same rights as those afforded to asylum seekers and beneficiaries of international protection in the respect of the processing of their data. In the context of secondary movement, it will also make it possible to identify the Member State responsible for resettlement.

RemovedIntroducing a specific emergency quota and procedure within the Union resettlement plan would serve to respond to emergency and urgent cases globally, for which there is currently a significant shortfall of places available.

AddedRecital 17 a (new): (17 a) Where a negative decision is taken, the person concerned should not be resettled in the Member State that has made the decision and any data stored should be erased. The reason for non-completion should 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.

RemovedRecital 16: (16) The resettlement procedure should be concluded as soon as possible in order to reduce the need for persons in need of international protection to use irregular ways to enter the European Union to seek protection. At the same time it should ensure that Member States have sufficient time for a full and adequate examination of each case. The time-limits should correspond to what is necessary to make the different types of assessment foreseen for the ordinary, expedited and emergency procedures.

RemovedRecital 17: (17) Any personal data collected for the purpose of the resettlement procedure should be stored for a maximum period of five years from the date of resettlement.

Recital 19: deleted

Change 15

RemovedIt is not clear what could be the objective of this paragraph and why it would be necessary to include here.

Recital 20: deleted / (deleted)

Change 16

RemovedIt is not clear what could be the objective and scope of these delegated acts, specifically concerning the assessment and decision taking of a resettlement case, and why they could not be better reached by other means. The ordinary procedure provides enough flexibility to Member States to adapt the procedure as necessary in order to successfully implement paragraphs 1 to 4 of Article 10.

AddedRecital 20 a (new): (20 a) In order to supplement this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of establishing the Union resettlement plan fixing every two years the target number of persons to be resettled, the details of Member States’ participation in the plan and their contributions to the target number of persons to be resettled, as well as overall geographical priorities. In order to supplement this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of establishing targeted Union resettlement schemes laying down the precise number of persons to be resettled relative to the target number and the participation of the Member States, consistent with the Union Resettlement plan. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

RemovedRecital 20 a (new): (20 a) In order to supplement this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of establishing the Union resettlement plan fixing every two years the target number of persons to be resettled, the details of Member States’ participation in the plan and their contributions to the target number of persons to be resettled, as well as overall geographical priorities. In order to supplement this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of establishing targeted Union resettlement schemes laying down the precise number of persons to be resettled relative to the target number and the participation of the Member States, consistent with the Union Resettlement plan. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups de…

Recital 21: deleted