Changes from report parliamentary committee draft to plenary report

Recital 22: deleted

Recital 23: deleted / (deleted)

Change 17

RemovedRecital 23 a (new): (23 a) The Commission should build upon the consultations with the High-Level Resettlement Committee when preparing the Union resettlement plan every two years.

AddedRecital 24: (24) Each targeted Union resettlement scheme should set out local cooperation arrangements where and as appropriate to facilitate its implementation, in particular with the UNHCR, the International Organisation for Migration (IOM), the European Union Agency for Asylum [EUAA] and other relevant organisations.

RemovedRecital 24: (24) Each targeted Union resettlement scheme should determine which standard procedural rules should apply to its implementation. It should in addition set out local cooperation arrangements where and as appropriate to facilitate its implementation, notably with UNHCR, IOM, EUAA and other relevant organisations.

Recital 25: (25) Resettled persons should be granted international protection with a view to providing them with a durable solution. Accordingly, the provisions on the content of international protection contained in the asylum acquis should apply as of the moment when resettled persons arrive on the territory of the Member States.

Change 18

ChangedRecital 25 a (new): (25(25a) a)The integration of resettled persons in their host society is important for a successful resettlement procedure, and, hence, for the effectiveness of the Union Resettlement Framework. Resettled persons should have the same access to integration measures as other beneficiaries of international protection in accordance with Chapter VII Section III of [thethe Qualification[Qualification Regulation]. Member States may make the participation in such integration measures compulsory only if those integration measures are easily accessible, available and free of charge. Member States should also offer a pre-departure orientation programme to third-country nationals or stateless persons, which should include information about their rights and obligations, language classes, and information about the Member State’s social, cultural and political set up. These programmes may be provided after entry or may be included into integration programmes should Member States choose to have them and taking into account the particular vulnerabilities of the resettled person. Member States should also arrange post-arrival orientation programmes tailored to the needs of resettled persons in order to provide them with guidance concerning, in particular, the learning of the language of the host Member State, education, training and the labour market, taking account of their specific vulnerabilities. As far as possible, the bodies and persons concerned, such as local authorities and persons who have already been resettled, should be involved…

Recital 27: (27) Given the expertise of UNHCR in facilitating the different forms of admission of persons in need of international protection from third countries, to which they have been displaced, to Member States willing to admit them, UNHCR should be primarily responsible for referring persons eligible for resettlement conducted under the Union Resettlement Framework. In addition to UNHCR, other international actors such as the International Organisation for Migration (IOM) should be called upon to assist Member States in the implementation of the Union Resettlement Framework.

Change 19

ChangedRecital 28: (28) Member States should be given support to help them honour their commitments and thus ensure the smooth functioning of the Union Resettlement Framework. [The European Union Agency for Asylum] should assistprovide the Member States inwith thethat implementationsupport, ofat Uniontheir Resettlementrequest Frameworkand in accordance with its mandatemandate. andThe ifEUAA requestedshould byalso coordinate the exchanges of good practices among Member States.States, as regards the implementation of this Regulation.

Change 20

RemovedThe European Union Agency for Asylum can play an important role in increasing and facilitating the resettlement capacities of Member States and their contributions to Union resettlement efforts, as detailed in Article 10 and Article 12.

AddedRecital 28 a (new): (28a) Given that this Regulation seeks to introduce common resettlement procedures, Member States should be encouraged to cooperate with one another and, if they see fit, implement jointly some stages in the procedure. This cooperation may, for example, take the form of the pooling of infrastructure and the deployment of joint selection missions. At Member States request, the EUAA should be able to provide support to Member States planning to engage in cooperation of this kind.

Change 21

ChangedRecital 29: (29) A High-Level Resettlement Committee should be established to allow for broad consultations with all stakeholders on the implementation of the Union Resettlement Framework. This Committee should align its work with that of international resettlement structures, particularly the Annual Tripartite Consultations on Resettlement and UNHCR's Annual Projected Global Resettlement Needs. The High-Level Resettlement Committee should outlinedraw theup recommendations to serve as main components ofwhen drafting the Union resettlement plan and of the different targeted Union resettlement schemes. The Commission should build upon the recommendations of the High-Level Resettlement Committee when preparing the Union resettlement plan every two years.

Change 22

ChangedRecital 31: (31) This Regulation does not affect the ability of the Member States to adopt or implement national resettlement schemes.schemes, for example where they contribute an additional number of resettlement places going beyond their contribution to the target number of persons to be resettled under the Union resettlement plan and does not affect the obligations of the Member States relating to the target number of persons. Where Member States offer resettlement places under national resettlement programmes, they should continue to receive funding from the Union budget.

Article 1 – paragraph 1: This Regulation establishes a Union Resettlement Framework for the admission of third-country nationals and stateless persons to the territory of the Member States with a view to granting them international protection and providing them with a durable solution.

Change 23

ChangedArticle 2 – paragraph 1: For the purposes of this Regulation 'resettlement' means the selection, admissionupon andreferral from UNHCR or Member States, admission, transfer and protection of third-country nationals and stateless persons in need of international protection from a third country to which or within which they have been displaced to a Member State with a view to granting them international protection and providing them with a durable solution.

Change 24

ChangedArticle 3 – paragraph 3 – point a: (a) provide forguarantee the legal and safe transfer and arrival of third-country nationals and stateless persons who are among the most vulnerable persons in need of international protection to the territory of the Member States with a view to providing them with a durable solution;

Change 25

ChangedArticle 3 – paragraph 3 – point ab: a(b) (new):encourage (aall a)Member contributeStates to gradually increase their resettlement efforts and the protectionoverall number of available resettlement places, as well as support and durablefacilitate solutionsthe forreception and integration of resettled persons and thus contribute to the mostreduction vulnerableof third-countrythe need for third country nationals and stateless persons in need of international protection,protection includingto thosetravel inirregularly protractedto refugeethe situations.territory of the Member States.

Change 26

RemovedArticle 3 – paragraph 3 – point b: deleted

AddedArticle 3 – paragraph 3 – point c: (c) contribute to international resettlement initiatives, including through the strategic use of resettlement, particularly in protracted refugee situations, thus also helping third countries in which people first seek international protection.

RemovedAccording to Article 78(1) TFEU, the Union's asylum policy must 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. These treaties are grounded in Article 14 of the Universal Declaration of human rights 1948, which recognises the right of persons to seek asylum from persecution in other countries. Resettlement cannot replace the spontaneous arrival of asylum-seekers in the European Union.

RemovedArticle 3 – paragraph 3 – point b a (new): (b a) gradually increase Member States' collective resettlement efforts and support and facilitate the reception and integration of resettled persons.

RemovedArticle 3 – paragraph 3 – point c: (c) contribute to international resettlement initiatives, including through the strategic use of resettlement, particularly in protracted refugee situations.

RemovedThe strategic use of resettlement has been defined by UNHCR as follows: “The planned use of resettlement in a manner that maximizes the benefits, directly or indirectly, other than those received by the refugee being resettled. Those benefits may accrue to other refugees, the hosting State, other States or the international protection regime in general.” The strategic use of resettlement should, for the purposes of this Framework, be understood as the use of resettlement in a in a manner that deliberately enhances protection on a broader scale. For UNHCR this has meant, for example, improving the protection conditions in the country of asylum, such as mitigating the risk of refoulement, or ensuring that appropriate documents are issued to asylum-seekers and refugees (e.g. Egypt, Turkey) or that UNHCR has access to refugees in detention (e.g. China and Libya). The strategic use of resettlement should not be understood as a tool for migration control. Potential difficulty in assessing the strategic use of resettlement in a specific situation should not be the basis for excluding a region or a country.

Article 4 – paragraph 1 – introductory part: In determining the regions or third countries from which resettlement shall occur within the Union Resettlement Framework, in accordance with the delegated acts referred to in Articles 7 and 8, the following factors shall be taken into consideration:

Change 27

ChangedArticle 4 – paragraph 1 – point a: (a) Globalthe resettlementnumber needsof asvulnerable detailedpersons in UNHCR'sneed Projectedof Globalinternational Resettlementprotection Needsas document,specified identifyingin the most vulnerable refugeesannual whoUNHCR areProjected inGlobal needResettlement ofNeeds resettlementreport worldwide;;

Change 28

ChangedArticle 4 – paragraph 1 – point b:a deleteda (new): (a a) third countries and regions hosting protracted refugee situations.

Change 29

RemovedThis point is covered in the suggested amendment to paragraph (d) in this Article.

AddedArticle 4 – paragraph 1 – point b: (b) the scope for strategic use of resettlement with a view to collectively providing solutions and improving the protection environment in third countries, and with a view to its complementarity with financial and technical assistance for improving the capacity of reception and protection conditions provided to third countries to which persons in need of international protection have been displaced;

Article 4 – paragraph 1 – point c: deleted

Change 30

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 migration matters as this moves away from resettlement as a protection tool to provide assistance to the most vulnerable refugees. The rapporteur strongly believe 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. It is worth noting that UNHCR already views resettlement as the last alternative, meaning that when they assess a case all other alternatives have already been reviewed. 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.

AddedArticle 4 – paragraph 1 – point d: deleted / (deleted) / (deleted) / (deleted) / (deleted)

RemovedArticle 4 – paragraph 1 – point d – introductory part: (d) The strategic use of resettlement, with a view to collectively providing solutions and improving the protection environment and security situation in third countries, including through the development of an effective asylum system and development policies.

RemovedThe strategic use of resettlement has been defined by UNHCR as follows: “The planned use of resettlement in a manner that maximizes the benefits, directly or indirectly, other than those received by the refugee being resettled. Those benefits may accrue to other refugees, the hosting State, other States or the international protection regime in general.” The strategic use of resettlement should, for the purposes of this Framework, be understood as the use of resettlement in a strategic manner to enhance protection on a broader scale. For UNHCR this has meant, for example, improving the protection conditions in the country of asylum, such as mitigating the risk of refoulement, or ensuring that appropriate documents are issued to asylum-seekers and refugees (e.g. Egypt, Turkey) or that UNHCR has access to refugees in detention (e.g. China and Libya). The strategic use of resettlement should not, in any way, be understood as a tool for migration control. Potential difficulty in assessing the strategic use of resettlement in a specific situation should not be the basis for excluding a region or a country.

RemovedArticle 4 – paragraph 1 – point d – point i: deleted

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 border control matters as this moves away from resettlement as a protection tool to provide assistance to the most vulnerable refugees. The rapporteur strongly believe 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 control and leveraging resettlement to reach foreign policy objectives would de facto jeopardize a humanitarian, needs-based and international protection approach. Spontaneous arrivals will not be stopped by resettlement, and the only way to reduce the need for people to use irregular ways is to increase resettlement numbers and provide other legal pathways such as humanitarian visas, extended family reunification, humanitarian admission programmes, etc.

RemovedArticle 4 – paragraph 1 – point d – point ii: deleted

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 believe 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 asylum and leveraging resettlement to reach foreign policy objectives would de facto jeopardize a humanitarian, needs-based and international solidarity and protection approach.

RemovedArticle 4 – paragraph 1 – point d – point iii: deleted

RemovedThis point is covered in the suggested amendment to paragraph (d) in this Article.

RemovedArticle 4 – paragraph 1 – point d – point iv: deleted

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 believe 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.

Article 4 – paragraph 1 – point e: deleted

Change 31

RemovedArticle 5 – paragraph 1 – introductory part: Only the following third-country nationals or stateless persons shall be eligible for targeted Union resettlement schemes established in accordance with Article 8:

AddedArticle 5: Only the following third-country nationals or stateless persons shall be eligible for targeted Union resettlement schemes established in accordance with Article 8: / (a) (i) third-country nationals, who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, gender, sexual orientation, gender identity, disability, political opinion or membership of a particular social group, are outside the country of nationality and are unable or, owing to such fear, are unwilling to avail themselves of the protection of that country, or stateless persons, who, being outside of the country of former habitual residence for the same reasons as mentioned above, are unable or, owing to such fear, unwilling to return to or stay in it, or, failing that, / (ii) third-country nationals, who are outside the country of nationality or stateless persons, who are outside of the country of former habitual residence and in respect of whom substantial grounds have been shown for believing that they, if returned to their country of origin or former habitual residence, would face a risk of suffering serious harm, and are unable, or, owing to such risk, are unwilling to avail themselves of the protection of that country; / and who further fall within at least one of the following categories of vulnerable persons: / (deleted) / – survivors of violence and/or torture, including on the basis of gender or sexual orientation; / – persons with legal and/or physical protection ne…

RemovedArticle 5 – paragraph 1 – point a – point i: (a) (i) third-country nationals, who, owing to a well-founded fear of being persecuted for reasons of race, gender, gender identity, gender expression, religion, nationality, sexual orientation, political opinion or membership of a particular social group, are outside the country of nationality or the part of that country in which they formerly habitually resided, and are unable or, owing to such fear, are unwilling to avail themselves of the protection of that country, or stateless persons, who, being outside of the country of former habitual residence or of the part of that country in which they formerly habitually resided, for the same reasons as mentioned above, are unable or, owing to such fear, unwilling to return to or stay in it, or, failing that,

Added(Amended point (b) becomes subparagraph 2 of point (a), amended point (c) becomes point (b), amended point (ii) of point (b) becomes point (c))

RemovedArticle 5 – paragraph 1 – point b – introductory part: (b) third-country nationals and stateless persons who meet the criteria in point (a) and who further fall within at least one of the following categories:

AddedArticle 6 – title: Grounds for ineligibility

RemovedArticle 5 – paragraph 1 – point b – point i – indent 4: - persons with legal and/or physical protection needs, including those facing a threat of refoulement;

AddedArticle 6 – paragraph 1 – introductory part: 1. The following third-country nationals or stateless persons shall be ineligible for targeted Union resettlement schemes established in accordance with Article 8:

RemovedAlignment with wording in UNHCR Resettlement Submission criteria.

AddedArticle 6 – paragraph 1 – point a – introductory part: (a) persons for whom there are serious grounds for considering that:

RemovedArticle 5 – paragraph 1 – point b – point i – indent 6: deleted

RemovedArticle 5 – paragraph 1 – point b – point i – indent 6 a (new): - persons in protracted refugee situations for whom no other foreseeable alternative durable solutions are available;

RemovedArticle 5 – paragraph 1 – point b – point ii – introductory part: (ii) in cases where no other legal channels for entering the territory of the European Union exist, including under Council Directive 2003/86/EC1a, family members of third-country nationals or stateless persons or Union citizens legally residing in a Member State: / 1a Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (OJ L 251, 3.10.2003, p. 12–18).

RemovedArticle 5 – paragraph 1 – point b – point ii – indent 1: - the spouse or unmarried partner in a stable relationship;

RemovedArticle 5 – paragraph 1 – point b – point ii – indent 2: - the minor children of couples referred to in the first indent or of third-country nationals or stateless persons to be resettled regardless of whether they were born in or out of wedlock or adopted as defined under national law;

RemovedAlthough the rapporteur understands that the intention of this wording is to not support child marriage, it also risks to further punish victims of child marriage by refusing their resettlement.

RemovedArticle 5 – paragraph 1 – point b – point ii – indent 3: - the father, mother or another adult responsible for the minor to be resettled, whether by law or by the practice of the Member State where the adult is present;

RemovedAlthough the rapporteur understands that the intention of this wording is to not support child marriage, it also risks to further punish victims of child marriage by refusing their resettlement.