Changes from report parliamentary committee draft to plenary report

RemovedArticle 5 – paragraph 1 – point c: (c) third-country nationals or stateless persons who, meet the criteria in point (a) and (b) and who further, according to Article 1D Paragraph 2 of the 1951 Geneva Convention, are entitled to the benefits of that Convention;

RemovedArticle 1D of the 1951 Geneva Convention contains both an exclusion and an inclusion clause. It excludes from the scope of that convention those persons who are at present receiving protection or assistance from an organ or agency of the United Nations other than UNHCR. It follows from the clear wording of Article 1D of the Geneva Convention that only those persons who have actually availed themselves of the assistance provided by UNRWA come within the clause excluding refugee status set out therein, which must, as such, be construed narrowly and cannot therefore also cover persons who are or have been eligible to receive protection or assistance from that agency. The second paragraph of Article 1D of the Geneva Convention includes persons for whom protection or assistances as referred to in the exclusion clause has ceased for any reason. The aim of Article 1D of the Geneva Convention is to avoid overlapping competencies between UNRWA and UNHCR, and, in conjunction with UNHCR’s Statute, ensures the continuity of protection and assistance to Palestinian refugees as necessary. For the purpose of this Framework, reference is only made to Paragraph 2 of Article 1D, i.e. the inclusion clause.

RemovedArticle 5 – paragraph 1 – point d: deleted

RemovedThis paragraph refers to Article 1E of the Geneva Convention, which is an exclusion clause. It is therefore not clear the objective of including it in the eligibility criteria of this Framework.

RemovedArticle 5 – paragraph 2: Member States shall ensure that family unity is maintained in all resettlement practices.

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

RemovedAlignment with wording in Article 1(F) of the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees.

Article 6 – paragraph 1 – point a – point ii: (ii) they have committed a serious non-political crime;

Change 32

RemovedAlignment with wording in Article 1(F) of the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees.

AddedArticle 6 – paragraph 1 – point b: (b) persons for whom there are serious grounds for considering that they are a danger to the public or national security or, public health, of the Member State examining the resettlement file;

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ChangedArticle 6 – paragraph 1 – point b:c: Deleteddeleted

Change 34

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. Since the term exclusion has a distinct meaning in the context of international refugee protection, which strictly relates to individuals who may be undeserving of international protection, the rapporteur has chosen to follow the exclusion clauses as set out in Article 1(F) of the Geneva Convention. Additional exclusion clauses such as this one blurs the lines between exclusion and ineligibility.

AddedArticle 6 – paragraph 1 – point d: deleted

RemovedArticle 6 – paragraph 1 – point b a (new): (b a) third-country nationals or stateless persons who have been recognised by the competent authorities of the country in which they are present or have taken up residence as having the rights and obligations which are attached to the possession of the nationality of that country, or rights and obligations equivalent to those.

AddedArticle 6 – paragraph 1 – point e: (e) persons who have already been resettled by a Member State

RemovedAlignment with wording in Article 1(E) of the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees.

AddedArticle 6 – paragraph 1 – point f: deleted

RemovedArticle 6 – paragraph 1 – point c: Deleted

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. Since the term exclusion has a distinct meaning in the context of international refugee protection, which strictly relates to individuals who may be undeserving of international protection, the rapporteur has chosen to follow the exclusion clauses as set out in Article 1(F) of the Geneva Convention. Additional exclusion clauses such as this one blurs the lines between exclusion and ineligibility.

RemovedArticle 6 – paragraph 1 – point d: Deleted

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. Since the term exclusion has a distinct meaning in the context of international refugee protection, which strictly relates to individuals who may be undeserving of international protection, the rapporteur has chosen to follow the exclusion clauses as set out in Article 1(F) of the Geneva Convention. Additional exclusion clauses such as this one blurs the lines between exclusion and ineligibility. Furthermore, persons are often compelled to undertake irregular journeys because of their vulnerability and the lack of a foreseeable alternative durable solution. Excluding persons for that very reason runs a high risk of excluding people in dire need of protection. In addition, a person’s protection situation can change under a period of five years, e.g. a war could outbreak in his/her country or the person could be forced into a marriage, such a broad exclusion hamper to take into account the new situation of the person and could lead to a denial of protection.

RemovedArticle 6 – paragraph 1 – point e: (e) persons who have already been resettled by another Member State in the implementation of this Regulation, the Conclusions of the Representatives of the Governments of the Member States meeting within the Council 11097/15 of 20 July 2015, or a national resettlement scheme; and

RemovedArticle 6 – paragraph 1 – point f: Deleted

RemovedMember States might have very specific reasons for refusing to resettle a person, e.g. the person might have a medical condition that cannot be treated in the Member State for various reasons. This should not be a grounds for excluding vulnerable persons from all Member States.

Article 6 – paragraph 2: deleted

Article 7 – title: Two-yearly Union resettlement plan

Change 35

ChangedArticle 7 – paragraph 1: 1. The Commission is empowered to adopt delegated acts every two years, in accordance with Article 14, supplementingto supplement this Regulation, in order to establish a Union resettlement plan, in accordance with the following paragraphs.

Change 36

RemovedArticle 7 and Article 8 are closely connected as technical procedures before resettlement takes place. The rapporteur suggests to amend the Articles to better reflect this by suggesting delegated powers on both Articles. In addition to clarity, this change would make the technical procedures more transparent, and ensure Member States greater power in the targeted schemes which is deemed important since Member States will implement them.

AddedArticle 7 – paragraph 1 a (new): 1a. The Union resettlement plan shall take full account of the recommendations of the High-Level Resettlement Committee, and shall be based on the annual UNHCR Projected Global Resettlement Needs report.

RemovedArticle 7 – paragraph 1 a (new): 1a. The Union resettlement plans are built on consultations with the High-Level Resettlement Committee and based on UNHCRs Annual Projected Global Resettlement Needs.

AddedArticle 7 – paragraph 3 – introductory part: 2. The Union resettlement plan shall include:

RemovedArticle 7 – paragraph 2 – introductory part: 2. The Union resettlement plan shall include:

AddedArticle 7 – paragraph 2 – point a: (a) a target number of persons to be resettled that should reflect at a minimum 20% of the Annual Projected Global Resettlement Needs;

Change 37

ChangedArticle 7 – paragraph 2 – point a:b: (a)(b) adetails targetabout numberthe participation of personsthe toMember beStates resettledin reflectingthe atUnion aresettlement minimumplan 25%and oftheir contributions to the Annualtarget Projectednumber Globalof Resettlementpersons Needs;to be resettled;

Change 38

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 increase the number of resettlement places reflecting the EUs responsibility as a global region with the capacity to do so.

AddedArticle 7 – paragraph 2 – point c: (c) overall geographical priorities based on the annual UNHCR Projected Global Resettlement Needs report .

Change 39

ChangedArticle 7 – paragraph 2 – point b:c (b)a details(new): about(c thea) participationan unallocated emergency quota, of thepersons Memberto Statesbe inresettled, theas Unionprovided resettlementfor planin andArticle their11a, contributionscorresponding to around 10% of the totaltarget number referred to in point (a), to take into account urgent and emergency cases irrespective of personsthe geographical priorities referred to bein resettled;point (c).

Change 40

RemovedArticle 7 – paragraph 2 – point c: (c) overall geographical priorities based on UNHCR's Projected Global Resettlement Needs document.

AddedArticle 8 – paragraph 1: 1. The Commission is empowered to adopt delegated acts in accordance with Article 14, to supplement this Regulation, in order to establish targeted Union resettlement schemes consistent with the Union resettlement plan, adopted pursuant to Article 7 .

RemovedArticle 7 – paragraph 2 – point c a (new): (c a) an unallocated emergency quota, as referred in Article 11a, to take into account urgent and emergency cases irrespective of the geographical priorities identified under point c.

RemovedIntroducing a specific emergency quota within the Union resettlement plans, that is not linked to priority regions or populations, would serve to respond to emergency and urgent cases globally, for which there is currently a significant shortfall of places available.

RemovedArticle 8 – paragraph 1: 1. The Commission is empowered to adopt delegated acts in accordance with Article 14, supplementing this Regulation, in order to establish targeted Union resettlement schemes consistent with the Union resettlement plan, adopted pursuant to Article 7, in accordance with paragraph 2.

RemovedArticle 7 and Article 8 are closely connected as technical procedures before resettlement takes place. The rapporteur suggests to amend the Articles to better reflect this by suggesting delegated powers on both Articles. In addition to clarity, this change would make the technical procedures more transparent, and ensure MS greater power in the targeted schemes which is deemed important since MS will implement them.

Article 8 – paragraph 2 – point b: (b) the precise number of persons to be resettled from the target number as set out in the Union resettlement plan provided for in point (a) of Article 7(2) and details about the participation of the Member States in the targeted Union resettlement scheme;

Change 41

ChangedArticle 8 – paragraph 2 – point c: (c) the specification of the regions or third countries from which resettlement is to occur accordingin toaccordance with point (c) of Article 7.2(c)7(3) and as referred to in Article 4;4 and, where appropriate, the priorities and measures anticipated by the Union in relation to those regions or third countries in the context of strategic use of resettlement;

Change 42

ChangedArticle 8 – paragraph 2 – point d: (d) where necessary, local coordination and practical cooperation arrangements among Member States, supported by the UNHCR and, whenat requestedthe byrequest of Member States, the [European Union Agency for Asylum] in accordance with Article 12(3), and with third countries, and UNHCR or other partners;

Change 43

ChangedArticle 8 – paragraph 2 – point e: (e) a description of the specific group or groups of third-country nationals or stateless persons, based on UNHCR'sthe annual UNHCR Projected Global Resettlement Needs publicationreport and guided by resettlement submission categories as set out in point (b)(i)(a) of Article 5, to whom the targeted Union resettlement scheme shall apply;

Change 44

ChangedArticle 8 – paragraph 2 – point f: (f) whether the ordinary procedure set out in Article 10 or the expedited procedure set out in Article 11 shall be applied;deleted

Change 45

RemovedMember States are responsible for implementing the schemes, and thus it should be Member States who specify how the identification and assessment should be carried out. The timeframe for taking a decision is already covered in point (g) of this Article.

AddedArticle 8 – paragraph 2 a (new): 2a. Where the combined voluntary participation of all Member States does not add up to 75% of the target number of persons to be resettled in accordance with point (a) of Article 7.3 at the end of the two years period of the Union resettlement plan the targeted Union resettlement schemes shall set the precise number of persons that each Member State shall resettle with the goal of reaching at least that percentage from the target number . The distribution of the total number of persons to be resettled among the Member States shall be based on the reference key pursuant to Regulation (EU) No XXX/XXX [Dublin Regulation]. / With the establishment of the total number to be resettled per Member State, the amount already resettled to that Member State shall be taken into account.

Change 46

ChangedArticle 9 – paragraph 1: Resettlement under this Regulation shall apply to third-country nationals or stateless persons who have given their consent to be resettled and have not subsequently withdrawn their consent, including refusing resettlement to a particular Member State. Third-country nationals or stateless persons shall be duly informed by the Member State of the rights and obligations arising from resettlement and the possible consequences of any withdrawal of consent or refusal to be resettled.

Change 47

RemovedListing exclusion grounds in this article is confusing, since exclusion grounds are dealt with in Article 6.

AddedArticle 10 – paragraph 1 – introductory part: 1. When implementing a targeted Union resettlement scheme, Member States shall, for the selection, primarily rely on identification and submission of cases by the UNHCR. Other actors for identification may be Member States or relevant organisations.

Change 48

ChangedArticle 10 – paragraph 1 – subparagraph 1: When implementing a targeted Union resettlement scheme, Member States shall primarily rely on identification and submission of cases by UNHCR. Other actors for identification may be Member States or relevant(new): organisations.1 /a. Member States shall thereafter assess whether those third-country nationals or stateless persons fall within the scope of a targeted Union resettlement scheme. Member States may request assistance by [The European Union Agency for Asylum].scheme

Change 49

RemovedArticle 10 – paragraph 1 – subparagraph 1 a (new): For the purpose of implementing the ordinary procedure, Member States may request that UNHCR, or where applicable, [the European Union Agency for Asylum] or relevant international bodies fully assess: / (a) that they fall within the scope of the targeted Union resettlement scheme; and / (b) that they fall under one of the Resettlement submission categories as set out in point (b)(i) of Article 5 and the reason behind the assessment. / Member States may also request that UNHCR fully assess whether third-country nationals or stateless persons referred to them by UNHCR qualify as refugees within the meaning of Article 1 of the 1951 Geneva Convention.

AddedArticle 10 – paragraph 1 – subparagraph 2: deleted / (deleted) / (deleted) / (deleted)

RemovedFor the sake of clarity, Article 10.8, with some amendments, has been moved and merged into 10.1 which describes the procedure in detail.

RemovedArticle 10 – paragraph 1 – subparagraph 2: Deleted / (deleted) / (deleted) / (deleted)

RemovedPreferential treatment of any particular class or group of refugees, for whatever reason, will come at the expense of appropriate treatment for other persons who, from an objective humanitarian perspective, are equally deserving. The international community has therefore laid down, in the Geneva Convention of 28 July 1951 Relating to the Status of Refugees, binding rules of international humanitarian law that delineate who, in what circumstances, is to be treated as a refugee and how they are to be cared for. All EU Member States are signatories to that Convention. With this background, it is directly unsuitable to include "integration potential" in this Regulation.

Article 10 – paragraph 2: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)