Changes from report parliamentary committee draft to plenary report

Change 50

RemovedThis paragraph is moved to after paragraph 3 and 4 because the assessment on eligibility criteria and exclusion causes is necessary before the registration of potential beneficiaries. Otherwise, there is a risk that cases which could never be eligible would be registered, creating both an unnecessary administrative burden on Member States and creating false expectations.

AddedArticle 10 – paragraph 2 a (new): 2 a. After identifying third-country nationals or stateless persons, Member States shall perform appropriate security checks against relevant Union and national databases, including the Schengen Information System:

Change 51

ChangedArticle 10 – paragraph 3 – subparagraph 2:3: Member States shall make that assessment in particular on the basis of documentary evidence, including, where applicable, information from UNHCR onassess whether the third-country nationals or the stateless persons qualifymeet asthe refugeeseligibility orcriteria onset theout basisin ofArticle a5 personaland interviewwhether orthey aare combinationnot ofexcluded both.in accordance with Article 6(1).

Change 52

RemovedAn exhaustive list of how Member States shall make an assessment runs the risk of breaching the principle of free production of evidence and free sifting of evidence.

AddedArticle 10 – paragraph 3 – subparagraph 2: Member States shall make that assessment in particular on the basis of documentary evidence, including, where applicable, information from UNHCR on whether the third-country nationals or the stateless persons qualify as refugees and on the basis of a personal interview.

Change 53

ChangedArticle 10 – paragraph 4:3 4.a Member(new): States3 shalla. takeFor athe decisionpurpose onof implementing the resettlementordinary ofprocedure, third-countryMember nationalsStates may request that UNHCR, or statelesswhere personsapplicable, on[the EUAA] or relevant international organisations to fully and transparently assess: / (a) whether they fall within the basisscope of the assessmenttargeted referredUnion toresettlement inscheme; paragraphand 3/ as(b) soonwhether they fall under one of the resettlement submission categories as possibleset andout notin laterpoint than(a) eightof monthsArticle from5 theirand registration.the reasoning behind the assessment. / Member States may extendalso request that time-limitUNHCR byfully aassess periodwhether ofthird-country notnationals moreor thanstateless fourpersons months,referred whereto complexthem issuesby the UNHCR qualify as refugees within the meaning of factArticle or1 lawof arethe involved.1951 Geneva Convention.

Change 54

RemovedArticle 10 – paragraph 4 a (new): 4 a. Where a positive decision is taken, Member States shall register the following information, where available, of those for whom they intend to conduct the resettlement procedure: / (a) the name, date of birth, gender, and nationality; / (b) the fingerprints of all fingers and a facial image of every third-country national or stateless person; / (c) the type and number of any identity or travel document of the third-country national; and / (d) the date of the registration, the place where the registration is made, and the authority making the registration.

AddedArticle 10 – paragraph 4: 4. Member States shall take a decision on the resettlement of third-country nationals or stateless persons on the basis of the assessment referred to in paragraph 3 as soon as possible and not later than six months from their registration. Member States may extend that time-limit by a period of not more than three months, where complex issues of fact or law are involved. If, after the time limits referred to in this paragraph have elapsed, the Member State has not communicated any decision and has also not supplied any justification, a resettlement procedure may be initiated by another Member State in relation to the third-country national or stateless person concerned.

RemovedThis is original paragraph 2 (with some minor amendments) that we have moved to after paragraph 3 and 4 because the assessment of eligibility criteria and exclusion causes is necessary before the registration of potential beneficiaries. Otherwise, there is a risk that cases which could never be eligible would be registered, creating both an unnecessary administrative burden on Member States and creating false expectations.

AddedArticle 10 – paragraph 4 a (new): 4a. After having taken a decision, Member States shall inform the third-country nationals or stateless persons, of their rights and obligations, particularly the right to refuse resettlement and the possible implications of such a refusal, the rights and obligations arising from refugee status or subsidiary protection, particularly as regards secondary movements and the requirement to register personal particulars in Eurodac. / This information shall be supplied in writing and, if necessary, orally, in a language that the person can understand and shall be adapted to the needs of minors or persons with specific needs.

AddedArticle 10 – paragraph 5 – subparagraph 1: 5. Upon arrival on its territory, each Member States shall register, where available, information on the resettled person in accordance with Regulation (EU) No XXX/XXX [Eurodac Regulation]. Member States shall store the data referred to in [Eurodac Regulation] for five years from the date of resettlement.

Article 10 – paragraph 5 – subparagraph 2: Upon expiry of that period, Member States shall erase the data. Member States shall erase data relating to a person who has acquired citizenship of any Member State before the expiry of that period.

Change 55

ChangedArticle 10 – paragraph 6: 6. Where a negative decision is taken, no resettlement of the person concerned shall occur to the Member State that has made the decision. The reason for rejectionnon-completion shall be communicated in a reasoned opinion to UNHCRthe orUNHCR, 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.

Change 56

RemovedUNHCR encourages States to communicate the reasons for rejection, which could be related to issues other than eligibility. Being informed about Member States' reasoning enables UNHCR to, for example, clarify open questions, consider re-submissions to another (including non-European) resettlement country, or for follow up on other protection-related issues, as necessary.

Article 10 – paragraph 7 – point a: (a) grant refugee status where the third-country national or the stateless person concerned qualifies as a refugee or subsidiary protection status where the third-country national or the stateless person concerned is eligible for subsidiary protection. The Member State shall notify the third-country national or the stateless person concerned of that decision and inform him or her of the rights that such a status confers. The decision to grant refugee status or subsidiary protection status shall have the same effect as a decision to grant refugee status or to grant subsidiary protection status referred to in Regulation (EU) No XXX/XXX [Qualification Regulation], once the person concerned has entered the territory of a Member State; Member States may issue residence permits of permanent or unlimited validity on terms that are more favourable as referred in Article 13 of Council Directive 2003/109/EC1a. / 1a Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents, OJ L 16, 23.1.2004, p. 44–53.

Change 57

RemovedThe basis of resettlement as a durable solution is that states are expected to provide resettled persons with permanent residence. A one-year or three years or even five years residence cannot be seen as a durable solution. Therefore, it is vital that MS who wishes to do so are able to issue residencies that are more favourable than those suggested in Regulation (EU) No XXX/XXX [Qualification Regulation].

AddedArticle 10 – paragraph 7 – point b: (b) offer to make travel arrangements, including fit-to-travel medical checks or, where possible, medical examinations, and provide transfer to their territory free of charge, and that offer shall include, where necessary, the facilitation of exit procedures in the third country from where the third-country national or the stateless person is admitted. When organising the travel, Member States shall take account of any needs that the persons concerned have in view of their vulnerability;

Change 58

ChangedArticle 10 – paragraph 7 – point c: (c) offer a pre-departure orientation programme to third-country nationals or stateless persons, which mayshall 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.entry or may be included into integration programmes should Member States choose to have them, provided that they will be accessible and for free, and taking into account the particular vulnerabilities of the resettled person..

Change 59

AddedArticle 10 – paragraph 7 – point c a (new): (ca) arrange transfer as soon as possible;

Article 10 – paragraph 8: deleted / (deleted) / (deleted) / (deleted) / (deleted)

Change 60

RemovedThis paragraph have been moved to and merged with Article 10.1 since they both describe the procedure.

Article 10 – paragraph 9: deleted

Change 61

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. Article 10 provides enough flexibility to Member States to adapt the procedure as necessary in order to successfully implement paragraphs 1 to 4.

AddedArticle 11: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

RemovedArticle 11 – paragraph 1 – point 1: (1) may not assess whether the third-country nationals or the stateless persons meet the requirements referred to in point (a)(i) of Article 5;

AddedArticle 11 a (new): Article 11 a / Emergency procedure / Where the Commission delegated act adopting a Union resettlement plan provides for an emergency procedure, not linked to particular regions or population, for cases where immediacy of the security risks to certain persons or the severity of their medical condition necessitates their prompt removal from the threatening conditions within a very short time, by way of derogation from Article 10, Member States shall: / (1) commit to establish a fast-track procedure for urgent and emergency cases, if such a procedure is not already in existence; / (2) specify a specific number of places not necessarily linked to particular regions or populations that can benefit from this procedure; / (3) receive submissions of urgent or emergency resettlement cases from UNHCR and for whom immediacy of the security risks or the severity of the medical condition necessitates their removal from the threatening conditions within a very short time; / (4) expedite adjudication whether the third country nationals or the stateless persons meet the requirements and eligibility criteria established in this framework under Article 5, and; / (5) aspire to take a decision within two weeks from submission of a case and ensure the immediate transfer of the third country national or stateless person.

RemovedArticle 11 – paragraph 1 – point 4: (4) may grant the third-country nationals or the stateless persons concerned subsidiary protection status if assessment for granting refugee status was not completed within the time limits in accordance with paragraph 3 of this Article.

AddedArticle 12 – paragraph 1: 1. To facilitate the implementation of the targeted Union resettlement schemes, Member States shall appoint national contact points and may decide to appoint liaison officers in third countries. Member States may be assisted by [the EUAA], and, where appropriate, use existing structures for operational cooperation on resettlement.

RemovedArticle 11 a (new): Article 11 a / Emergency procedure / Where the Commission delegated act adopting a Union resettlement plan provides for an emergency procedure, not linked to particular regions or population, for cases where immediacy of the security risks to certain persons or the severity of their medical condition necessitates their prompt removal from the threatening conditions within a very short time, by way of derogation from Article 10, Member States shall: / 1) commit to establish a fast-track procedure for urgent and emergency cases, if such a procedure is not already in existence; / 2) specify a specific number of places not linked to particular regions or populations that can benefit from this procedure; / 3) receive submissions of urgent or emergency resettlement cases from UNHCR and for whom immediacy of the security risks or the severity of the medical condition necessitates their removal from the threatening conditions within a very short time; / 4) expedite adjudication whether the refugees or the stateless persons meet the requirements and eligibility criteria established in this framework under Article 5, and; / 5) aspire to take a decision within two weeks from submission of a case and ensure the immediate transfer of the third country national or stateless person.

AddedArticle 12 – paragraph 2: deleted

RemovedIntroducing a specific emergency quota and procedure 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 12 – paragraph 1: 1. To facilitate the implementation of the targeted Union resettlement schemes, Member States shall appoint national contact points and may decide to appoint liaison officers in third countries. Member States may be assisted by [The European Union Agency for Asylum], and, where appropriate, use existing structures for operational cooperation on resettlement.

Article 12 – paragraph 3: 3. To implement targeted Union resettlement schemes, and in particular to conduct pre-departure orientation programmes, fit-to-travel medical checks, travel arrangements and other practical arrangements, Member States may be assisted by the International Organisation for Migration (IOM), and other partners in accordance with local coordination and practical cooperation arrangements for targeted Union resettlement schemes established in accordance with point (d) of Article 8(2).

Change 62

RemovedArticle 13 – paragraph 1: 1. A High-Level Resettlement Committee shall be established, composed of representatives of the European Parliament, the Council, the Commission, the Member States, UNHCR, [The European Union Agency for Asylum], IOM and other relevant civil society organisations. Representatives of Iceland, Liechtenstein, Norway, and Switzerland shall be invited to attend the meetings of the High-Level Resettlement Committee where they have indicated their intention to be associated with the implementation of the annual Union resettlement plan. / Following the annual tripartite consultations on resettlement (ATRC) and UNHCR's Projected Global Resettlement Needs publication, the High-Level Resettlement Committee shall meet to outline the main components of the Union resettlement plan as well as the different targeted Union resettlement schemes.

AddedArticle 12 a (new): Article 12a / Role of the European Union Agency for Asylum / 1. The role of the EUAA for Asylum is to support Member States in their resettlement efforts and capacity. At the request of the Member States, the EUAA shall support them when they implement the Union Resettlement Framework. / The support may comprise, assistance to the Member States in connection with: / (a) their tasks of assessment, particularly with a view to enabling Member States to comply with the time limits stipulated for resettlement, / (b) training of personnel specialising in resettlement, / (c) information provided to third-country nationals or stateless persons and the pre-departure training given to them under Article 10, / (d) cooperation between them when they decide to carry out stages of the resettlement procedure jointly. The EUAA may, inter alia, provide support in connection with the pooling of infrastructure and the deployment of joint selection missions. / 2. The EUAA shall coordinate an exchange of good practices between Member States for the purpose of the implementation of this Regulation and the integration of resettled persons in their host society. / 3. The EUAA shall gather data regarding the number of resettlements, the respect of Member States for their commitments and the reasons for the non-completion of procedures. / 4. The EUAA shall take part in the annual tripartite consultations on resettlement and communicate the work done there to the High-Level Resettlement Committee.

AddedArticle 13 – paragraph 1: 1. A High-Level Resettlement Committee shall be established, composed of Members of the European Parliament, the Council, the Commission, the High Representatives of the Union for Foreign Affairs and Security Policy, and the Member States, [The European Union Agency for Asylum], UNHCR, and IOM and other relevant civil society organisations. Representatives of Iceland, Liechtenstein, Norway, and Switzerland shall be invited to attend the meetings of the High-Level Resettlement Committee where they have indicated their intention to be associated with the implementation of the Union resettlement plan.

AddedArticle 13 – paragraph 1 a (new): 1a. The main task of the High-Level Resettlement Committee shall, following the Annual Tripartite Consultations on Resettlement (ATCR) where the High-Level Resettlement Committee will participate, and the annual UNHCR Projected Global Resettlement Needs report, to outline the main components of the Union resettlement plan as well as the different targeted Union resettlement schemes, in particular making recommendations on the number of persons to be resettled, the equitable distribution of those persons among the Member States, the third countries from which resettlements should be undertaken, and the opportunities for strategic use of resettlement. The recommendations of the High-Level Resettlement Committee shall be published

AddedArticle 13 – paragraph 2: 2. The High-Level Resettlement Committee shall be chaired by the Commission. It shall meet whenever necessary at the invitation of the Commission or at a request of a Member State or the European Parliament and shall meet at least once a year.

AddedArticle 13 – paragraph 3: 3. The Commission and the Council shall take full account of the recommendations of the High-Level Resettlement Committee on issues related to the implementation of the Union Resettlement Framework, particularly in drafting the Union resettlement plan and the Union resettlement targeted schemes.

Article 14 – paragraph 2: 2. The power to adopt delegated acts referred to in Articles 7 and 8 shall be conferred on the Commission for a period of 4 years from ... [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 4th-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Change 63

RemovedThe Commission proposal contains a delegation of power for an indefinite period of time. Opting for determined period of time (4 years) which can be tacitly extended, would allow for a reporting obligation, no later than 9 months before the end of the 4 years period, and both co – legislators can have an overview and an assessment on how the delegation of powers was working in practice.

Article 14 – paragraph 3: 3. The delegation of power referred to in Articles 7 and 8 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Article 14 – paragraph 6: 6. A delegated act adopted pursuant to Articles 7 and 8 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 15: deleted / (deleted) / (deleted) / (deleted)

Change 64

RemovedArticle 16 – paragraph 1: Iceland, Liechtenstein, Norway, and Switzerland shall be invited to be associated with the implementation of the Union resettlement plan. The core elements of this Regulation, in particular those related to the resettlement procedure and to the rights and obligations of resettled persons, shall be duly taken into account in that association.

Regulation (EU) No 516/2014

Change 65

RemovedArticle 17 – paragraph 1 – point 2 – point a, Article 2 – pont a: (a) 'resettlement' means the selection, admission and transfer of third-country nationals and stateless persons in need of international protection from a State in which they have sought protection to a Member State with a view to granting them international protection and providing them with a durable solution;

AddedArticle 17 – paragraph 1 – point -1 (new), Recital 46: (-1) Recital 46 shall be amended as follows: / ‘It is important for enhanced solidarity that the Fund provides, in coordination and in synergy with the humanitarian assistance managed by the Commission where appropriate, additional support to address emergency situations of heavy migratory pressure in Member States or third countries, or in the event of mass influx of displaced persons, pursuant to Council Directive 2001/55/EC1, through emergency assistance. Emergency assistance should also include support to ad hoc humanitarian admission programmes aimed at allowing temporary stay on the territory of a Member State in the event of an urgent humanitarian crisis in third countries. However, such other humanitarian admission programmes are without prejudice to, and should not undermine, the Union's resettlement scheme that explicitly aims as from the start to provide a durable solution to persons in need of international protection transferred to the Union from third countries.’

RemovedAmended to align with Article 2 of this Framework.

Regulation (EU) No 516/2014

Change 66

AddedArticle 17 – paragraph 1 – point 2 – point a, Article 2 – point a: (a) 'resettlement' means the selection, upon referral 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 they have been displaced to a Member State with a view to granting them international protection and providing them with a durable solution;

AddedRegulation (EU) No 516/2014

Article 17 – paragraph 1 – point 2 – point b, Article 2 – point ab: (ab) 'targeted Union resettlement scheme' means a targeted Union resettlement scheme established in accordance with Article 8 of [Regulation (EU) No XXX/XXX (Resettlement Framework Regulation)].

Change 67

AddedRegulation (EU) No 516/20145

AddedArticle 17 – paragraph 1 – point 3, Article 17 – title: Resources for the Union Resettlement Framework and for national resettlement and humanitarian admission plans

Regulation (EU) No 516/2014

Change 68

ChangedArticle 17 – paragraph 1 – point 3, Article 17 – paragraph 1: 1. Member States shall, in addition to their allocation calculated in accordance with point (a) of Article 15(1), receive every two years an additional amount as set out in point (b) of Article 15(2) based on a lump sum of EUR 6 000 for each resettled person.person or admitted under a national humanitarian admission programme. The lump sum shall be increased to EUR 10,000 for each person resettled in accordance with a[Regulatin targeted(EU) resettlementNo scheme.XXX/XXX (Resettlement Framework Regulation)].

Change 69

RemovedAlthough there should be some incentive for MS to participate in the Union Resettlement Framework, national efforts in the field of resettlement should not be discouraged. With this amendment, the rapporteur tries to find a balance between these two objectives.

AddedRegulation (EU) No 516/2014

RemovedArticle 18 – paragraph 1: 1. By ... [one year after entry into force], the Commission shall report to the European Parliament and the Council on the application of this Regulation in the Member States.