Changes from report parliamentary committee draft to plenary report

AddedArticle 10 – paragraph 4 – point a: (a) establish if there is a need to apply prima facie international protection to a certain category (ies) of applicants.

AddedArticle 10 – paragraph 4 – point b: deleted

AddedArticle 10 – paragraph 4 – point c: (c) define the specific country of origin or country of former habitual residence, or a part of that country , or the specific group of applicants to be granted prima facie international protection on the basis of other, well-defined criteria, drawn from Regulation (EU) XXX/XXX [Qualification Regulation], ensuing from readily apparent, objective circumstances.

AddedArticle 10 – paragraph 4 – point d: deleted

AddedArticle 10 – paragraph 4 a (new): 4a. The examination of the applications pursuant to this Article shall be limited to determining whether the applicant falls within the category (ies) of persons as defined in the delegated act pursuant to paragraph 4, point (c) of this Article, and to determining whether exclusion grounds laid down in Articles 12 and 18 of Regulation (EU) XXX/XXX [Qualifications Regulation] apply.

AddedArticle 10 – paragraph 4 b (new): 4b. By way of derogation from Article 34 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], the procedure for the cases referred to in paragraph 4 of this Article shall not take longer than one month from the date of registration.

AddedArticle 10 – paragraph 4 c (new): 4c. The applicants referred to in paragraph 1 of this Article shall be granted international protection, unless they fall under the exclusion grounds laid down in Articles 12 and 18 of Regulation (EU) XXX/XXX [Qualification Regulation].

AddedArticle 10 – paragraph 4 d (new): 4d. Applicants for prima facie international protection shall be granted all of the rights and guarantees, to which applicants are entitled in accordance with Regulation (EU) XXX/XXX [Asylum Procedures Regulation], including the right to information and to an effective remedy.

AddedArticle 10 – paragraph 4 e (new): 4e. Member States shall provide applicants, in accordance with Article 29 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], and persons granted prima facie international protection, in accordance with Article 8 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] and Article 26 of Regulation (EU) XXX/XXX [Qualification Regulation], with a document certifying their status in a language they can understand.

AddedArticle 10 – paragraph 4 f (new): 4f. Where the Member State’s determining authority, in accordance with Article 3 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], has established that an applicant for international protection is a threat to internal security, that Member State may choose not to apply prima facie international protection in respect of that applicant. In such circumstances, the application shall be examined in accordance with Articles 34 and 37 of Regulation (EU) XX/XXX [Asylum Procedures Regulation].

AddedArticle 10 – paragraph 4 g (new): 4g. Beneficiaries of international protection granted in accordance with this Article shall have effective access to all the rights laid down in Regulation (EU) XXX/XXX [Qualification Regulation], corresponding to their protection status.

AddedArticle 10 – paragraph 4 h (new): 4h. The delegated act referred to in Article 1c(5), establishing the categories of applicants eligible for prima facie international protection pursuant to paragraph 4, point (c) of this Article shall be reviewed at least every three months. Where the situation has changed, a revised delegated act may be adopted. The review shall be based on updated country of origin, or former habitual residence information, or updated information on the relevant specific groups eligible for prima facie international protection.

AddedArticle 10 – paragraph 4 i (new): 4i. A decision to end the situation of crisis, and therefore the end of application of prima facie international protection for new applications, shall not affect the pending applications on the basis of this Article, nor the status of those who have been granted prima facie international protection under this Article. Beneficiaries of subsidiary protection shall always have the right to apply, for refugee status, in accordance with Regulation (EU) XXX/XXX [Qualification Regulation].

AddedChapter V a (new): Chapter Va / AMENDMENT OF REGULATION (EU) 2021/1147 / Article 10a / Regulation (EU) 2021/1147 is amended as follows: / (1) In Chapter II, Section 2, Article 20a is inserted: / Article 20a / Resources for the transfer of applicants for international protection or of beneficiaries of international protection in a situation of crisis / 1. A Member State shall receive, in addition to its allocation under Article 13(1) of this Regulation, an additional amount of EUR 10 000 for each applicant for international protection or beneficiary of international protection transferred from another Member State in accordance with Article 2d of Regulation (EU) XXX/XXX [Crisis Regulation] of the European Parliament and of the Council*, or as a result of similar forms of relocation. / 2. Where appropriate, Member States shall also be eligible to receive the amount referred to in paragraph 1 of this Article for each family member of persons referred to in that paragraph, provided that those family members have been transferred to ensure family unity in accordance with Article 25 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation], or have been transferred as a result of similar forms of relocation. / 3. The amounts referred to in paragraphs 1 and 2 shall be increased to EUR [12 000] for each unaccompanied minor relocated in accordance with Article 2d of Regulation (EU) XXX/XXX [Crisis Regulation] or Article 25 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulat…

Article 11: deleted / (deleted) / (deleted) / (deleted) / (deleted)

Change 25

RemovedArticle 12: deleted / (deleted) / (deleted) / (deleted) / (deleted)

AddedArticle 12 a (new): Article 12a / Exercise of delegation / 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. / 2. The power to adopt delegated acts referred to in Article 1c shall be conferred on the Commission for a period of five years from [date of entry into force of the 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 five-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. / 3. The delegation of power referred to in Article 1c 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. / 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. / 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to…

RemovedArticle 12 a (new): Article 12a / Exercise of delegation / 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. / 2. The power to adopt delegated acts referred to in Article 2d, Article 10a(6) and Article 10b shall be conferred on the Commission for a period of five years from [date of entry into force of the 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 five-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. / 3. The delegation of power referred to in Article 2d, Article 10a(6) and Article 10b 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. / 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. / 5. As soon as it adopts a delegated act, the Commission …

AddedArticle 12 b (new): Article 12b / Urgency procedure / 1. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure. / 2. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 12a (6). In such a case, the Commission shall repeal the act immediately following the notification of the decision to object by the European Parliament or by the Council.

RemovedArticle 12 b (new): Article 12b / Urgency Procedure / 1. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure. / 2. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 2b(4). In such a case, the Commission shall repeal the act immediately following the notification of the decision to object by the European Parliament or by the Council.

AddedArticle 14: deleted / (deleted) / (deleted)