Changes from report parliamentary committee draft to plenary report

Change 61

RemovedArticle 53 – paragraph 3 – subparagraph 1 – point b: (b) the distribution of persons to be subject to return sponsorship from the requesting Member State pursuant to Article 45(1), point (b);

Article 53 – paragraph 3 – subparagraph 1 – point c: deleted

Change 62

RemovedArticle 53 – paragraph 3 – subparagraph 1 – point c a (new): (ca) the total number of applications for international protection to be examined by Member States pursuant to Article 45(1), point (da);

AddedArticle 53 – paragraph 3 – subparagraph 1 – point d: deleted

RemovedArticle 53 – paragraph 3 – subparagraph 2: The distribution referred to in the first subparagraph of this paragraph shall be adjusted where a Member State making a request pursuant to Article 52(5) demonstrates in the Solidarity Response Plan that over the preceding ten years it has been responsible for twice the Union average per capita of applications for international protection. In such cases the Member State shall receive a deduction of 10/% of its share calculated according to the distribution key set out in Article 54. This deduction shall be distributed proportionately among the Member States making contributions referred to in Article 45(1) points (a), (b), (c) and (d a).

AddedArticle 53 – paragraph 3 – subparagraph 2: deleted

RemovedArticle 55 – paragraph 1: 1. A Member State may commit to support a Member State to return illegally staying third-country nationals by means of return sponsorship whereby, acting in close coordination with the benefitting Member State, it shall take measures to carry out the return of those third-country nationals, either from its own territory or from the territory of the benefitting Member State.

AddedArticle 53 – paragraph 3 – subparagraph 2 a (new): The distribution referred to in the first subparagraph, point (a), of this paragraph shall be adjusted accordingly if a Member State has the right to a deduction of its share pursuant to Article 54(2).

RemovedArticle 55 – paragraph 1 a (new): 1a. To facilitate the return sponsorship, a return decision issued by the benefitting Member State shall be mutually recognised by the contributing Member State.

AddedArticle 53 – paragraph 4: deleted

RemovedArticle 55 – paragraph 2: 2. Where a Member State commits to provide return sponsorship on the territory of the benefitting Member State and the illegally staying third-country nationals who are subject to a return decision issued by the benefitting Member State do not return or are not removed within 8 months, the Member State providing return sponsorship shall transfer the persons concerned onto its own territory in line with the procedure set out in Articles 57 and 58. This period shall start from the adoption of the implementing act referred to in Article 53(1) or, where applicable, in Article 49(2).

AddedArticle 53 – paragraph 5 – subparagraph 2: Those acts shall apply for a period not exceeding 1 year.

RemovedArticle 55 – paragraph 4 – subparagraph 1 – point e a (new): (ea) any other activities requested by the benefitting Member State to facilitate the return of illegally staying third-country nationals.

AddedArticle 53 – paragraph 6: 6. The Commission shall report on the application of the implementing act one month after it ceases to apply. The report shall contain an analysis of the effectiveness of the measures undertaken.

RemovedArticle 55 – paragraph 4 a (new): 4a. The contributing Member State shall be able to request the assistance of the European Border and Coast Guard Agency in accordance with Article 7(2) of Regulation (EU) 2019/1896.

AddedArticle 54 – title: Reference key

RemovedArticle 57 – paragraph 2: 2. Before applying the procedure set out in this Article, the benefitting Member State shall ensure that there are no reasonable grounds to consider the person concerned a danger to its national security or public order. If there are reasonable grounds to consider the person a danger to national security or public order, the benefitting Member State shall not apply the procedure set out in this Article.

AddedArticle 54 – paragraph 1 – introductory part: 1. The share of solidarity contributions referred to in Article 45(1) shall be based on the following criteria for each Member State, according to the latest available Eurostat data:

RemovedArticle 57 – paragraph 3 – subparagraph 1: Where relocation is to be applied, the benefitting Member State shall identify the persons who could be relocated. Where the person concerned is an applicant for or a beneficiary of international protection, that Member State shall take into account, where applicable, the existence of meaningful links between the person concerned and the contributing Member State. Where the identified person to be relocated is a beneficiary for international protection, the person concerned shall be relocated only after that person consented to relocation in writing. / (This amendment applies throughout the text.)

AddedArticle 54 – paragraph 1 a (new): 1a. A Member State proposing solidarity contributions set out in Article 45(1), may request a deduction of 10 % of its share calculated according to the reference key where it indicates in the Solidarity Response Plans that over the preceding ten years it has examined twice the Union average per capita of applications for international protection.

RemovedArticle 58 – paragraph 2 – subparagraph 1: Where the relocation concerns an applicant for whom the Member State responsible has not yet been determined, the contributing Member State shall apply the procedures set out in Part III, with the exception of Article 8(2), Article 9(1) and (2), and Article 15(5).

AddedArticle 55: deleted

AddedArticle 55 a (new): Article 55a / Capacity-building measures / 1. A Member State may commit to support another Member State by providing capacity-building measures in the field of asylum, reception and pre-departure reintegration and operational support pursuant to Article 45(2). / Such measures shall be identified in the delegated act adopted on migratory pressure pursuant to Article 4c and 51 and address the specific needs of the benefitting Member State. / 2. A Member State may commit to support another Member State at risk of migratory pressure by providing capacity-building measures in the field of asylum, reception, return and reintegration and operational support, including through cooperation with third countries. / Such measures shall be identified by the Commission and the benefitting Member State in their national strategies pursuant to Article 5. / 3. Capacity-building measures in third countries shall be limited to measures which: / (a) enhance the capacity of asylum and reception in third countries, by strengthening, human and institutional expertise and capacity; / (b) promoting legal migration and well-managed mobility; / (c) reducing the vulnerabilities caused by human trafficking and smuggling and address the drivers of irregular migration and forced displacement; / (d) strengthening bilateral, regional and international partnerships on migration, forced displacement, legal pathways and mobility partnerships; / (e) supporting effective and human rights based migration policies;…

AddedArticle 56: deleted / (deleted) / (deleted) / (deleted) / (deleted)

AddedArticle 56 a (new): Article 56a / Support from Union bodies, offices and agencies / 1. The Union bodies, offices and agencies acting in the field of asylum, border and migration management shall, within their respective mandates, provide support to the Member States and the Commission with a view to ensuring the proper implementation and functioning of this Regulation. / For the purpose of the first subparagraph, the relevant Union bodies, offices and agencies may provide competent authorities in the Member States with analyses, expertise and operational support. / 2. Where requested by a Member State, a Union body, office or agency shall provide it with support. The Commission or a Union body, office or agency may, on its own initiative, propose to provide a specific Member State with support. / Where the Commission or a Union body, office or agency proposes support to a Member State, that Member State shall take due account of the proposal. The Member State concerned may accept, amend or reject the proposal.

AddedArticle 57 – paragraph 1 – introductory part: 1. The procedure set out in this Article shall apply for the relocation of persons referred to in Article 45(1) and in Article 45a, point (a).

AddedArticle 57 – paragraph 1 – point a: deleted

AddedArticle 57 – paragraph 1 – point b: deleted

AddedArticle 57 – paragraph 1 – subparagraph 1 a (new): The identification of persons who could be relocated shall be made by the benefitting Member State, in close cooperation the EU Relocation Coordinator, the contributing Member State and the Asylum Agency.

AddedArticle 57 – paragraph 2: deleted

AddedArticle 57 – paragraph 2 a (new): 2a. For the purpose of paragraph 1, the benefitting and contributing Member States shall make use of the pre-screening criteria adopted by the Asylum Agency. The applicant shall be fully informed and consulted in the procedure of determination of the meaningful links and shall have the right to present relevant information and documentation to determine links to a specific Member State. / Where the identified person to be relocated is a beneficiary for international protection, the person concerned shall be relocated only after that person has consented to the relocation in writing. / Applicants who do not have links to any other country shall be fairly shared among the remaining participating Member States. Where applicable, the wish of the applicant to be relocated to a specific country shall be considered.

AddedArticle 57 – paragraph 3: deleted / (deleted) / (deleted)

AddedArticle 57 – paragraph 3 a (new): 3a. The EU Relocation Coordinator should support the relocation activities from the benefitting Member State to the contributing Member State.

AddedArticle 57 – paragraph 4: deleted

AddedArticle 57 – paragraph 5: 5. The benefitting Member State shall notify and transmit to the contributing Member State as quickly as possible the relevant information and documents on the person referred to in paragraph 1.

AddedArticle 57 – paragraph 6: 6. The contributing Member State shall confirm within 72 hours that it will relocate the person concerned.

AddedArticle 57 – paragraph 6 – subparagraph 1 a (new): A contributing Member State may verify that there are no reasonable grounds to consider the person concerned an individual and specific threat to its internal security where: / (a) a security check in accordance with Article X of Regulation (EU) xxx/xxx has provided a hit related to internal security; / (b) a security check has not previously been carried out in accordance with Regulation (EU) xxx/xxx [Screening Regulation]. / Where the checks confirm that there are reasonable grounds to consider the person concerned an individual and specific threat to internal security, the contributing Member State shall inform within 72 hours the benefitting Member State that relocation of that person shall not take place. / Failure to act within the 72 hours shall be considered as confirming the notification and entail the obligation to relocate the person.

AddedArticle 57 – paragraph 7: deleted / (deleted) / (deleted) / (deleted)

AddedArticle 57 – paragraph 8: 8. The benefitting Member State shall take a relocation decision at the latest within one week of the confirmation by the Member State of relocation. It shall notify the person concerned in writing without delay of the decision to transfer him or her to that Member State, and at the latest 48 hours before the relocation in case of applicants and 1 week before the relocation in case of beneficiaries.

AddedArticle 57 – paragraph 8 – subparagraph 1 a (new): Where the person to be relocated is an applicant, he or she shall comply with the relocation decision.

AddedArticle 57 – paragraph 9: 9. The relocation of the person concerned from the benefitting Member State to the contributing Member State shall be carried out in accordance with the national law of the benefitting Member State, after consultation between the Member States concerned, as soon as practically possible, and at the latest within 4 weeks of the confirmation by the contributing Member State or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with Article 33(3).

AddedArticle 57 – paragraph 11: 11. The Commission shall, by means of implementing acts, adopt uniform conditions for the preparation and submission of information and documents for the purpose of relocation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2). In the preparation of those implementing acts, the Commission shall consult the Asylum Agency and the EU Relocation Coordinator.

AddedArticle 58 – paragraph 1: 1. The contributing Member State shall inform the benefitting Member State, Asylum Agency and the EU Relocation Coordinator of the safe arrival of the person concerned or of the fact that he or she did not appear within the set time limit.

AddedArticle 58 – paragraph 2 – subparagraph 1: The contributing Member State shall not apply the procedures set out in Part III after relocating an applicant or beneficiary for international protection.

AddedArticle 58 – paragraph 2 – subparagraph 2: deleted

AddedArticle 58 – paragraph 3 – subparagraph 1: Where the benefitting Member State of relocation has relocated an applicant for whom the benefitting Member State had previously been determined as responsible on other grounds than the criteria referred to in Article 57(3) third subparagraph, the responsibility for examining the application for international protection shall be transferred to the contributing Member State of relocation.

AddedArticle 58 – paragraph 4: 4. Where the benefitting Member State has relocated a beneficiary for international protection, the contributing Member State shall automatically grant international protection status respecting the respective status granted by the benefitting Member State.

AddedArticle 58 – paragraph 5: deleted

AddedArticle 58 a (new): Article 58a / EU Relocation Coordinator / 1. With a view to supporting the implementation of the relocation mechanism established under this Regulation, the Commission shall appoint an EU Relocation Coordinator, who will coordinate the relocation activities from the benefitting Member State to the contributing Member State, in accordance with the implementing acts set out in 45b , Article 52 or Article 53. / 2. The EU Relocation Coordinator shall: / (a) coordinate and support the communication between the Member States involved; / (b) keep an overview of the persons eligible for relocation and follow up on the ongoing relocation, and on the contributions of the Member States involved; / (c) organise, at regular intervals, meetings between the authorities of the Member States to establish the needs, including at an operational level, in order to facilitate the best interaction and cooperation among Member States, in the interest of the persons eligible for relocation and the efficiency of the relocation mechanism; / (d) promote best practices in the field of relocation; / (e) encourage Member States to take into consideration the capacities and willingness of regional and local authorities to take part in relocation efforts; / (f) convene and chair the Solidarity Forum referred to in Article 47. / 3. For the purpose of paragraph 2, the EU Relocation Coordinator shall be assisted by an Office and provided with the necessary financial and human resources to effectively carry out…

AddedArticle 59 – paragraph 1: Member States shall keep the Commission, Asylum Agency and the EU Relocation Coordinator informed on the implementation of solidarity measures taken on a bilateral level including measures of cooperation with a third country.

AddedArticle 60 – paragraph 1: Upon request, the Commission shall coordinate the operational aspects of the measures offered by the contributing Member States, including any assistance by experts or teams deployed by the Asylum Agency, or the European Border and Coast Guard Agency or any other Union office, body or agency.

AddedArticle 61 – paragraph 1: In accordance with the principle of solidarity and fair sharing of responsibility, Member States shall receive appropriate and proportionate funding support from the Union budget to apply this Regulation. / Funding support following relocation pursuant to Chapters I and II of Part IV shall be implemented in accordance with Article 20 of Regulation (EU) 2021/1147.

AddedArticle 62 – paragraph 1: 1. Without prejudice to Section 2 of Chapter IV of Regulation (EU) 2016/679, Member States shall implement appropriate technical and organisational measures to ensure the security of personal data processed under this Regulation and in particular to prevent unlawful or unauthorised access or disclosure, alteration or loss of personal data processed.

AddedArticle 62 – paragraph 2: 2. Without prejudice to Section 2 of Chapter IV of Regulation (EU) 2016/679, the competent supervisory authority or authorities of each Member State shall monitor and enforce the lawfulness of the processing of personal data by the authorities referred to in Article 41 of the Member State in question.

AddedArticle 62 – paragraph 2 a (new): 2a. The common and secure electronic transmission and communication system referred to in Article 40 shall fully comply with this Article.

AddedArticle 62 – paragraph 3: 3. The processing of personal data by the Asylum Agency shall be subject to Regulation (EU) 2018/1725 of the European Parliament and of the Council1a, in particular as regards the supervision by the European Data Protection Supervisor. / 1a Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 29).

AddedArticle 63 – paragraph 1: Without prejudice to Section 2 of Chapter IV of Regulation (EU) 2016/679, Member States shall ensure that the authorities referred to in Article 41 are bound by the confidentiality rules provided for in national law, in relation to any information they obtain in the course of their work.

Article 67 – paragraph 1 a (new): 1a. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

Change 63

RemovedArticle 69 – paragraph 1: By … [18 months after entry into force] and every two years thereafter, the Commission shall review the functioning of this Regulation. The review shall be transmitted to the European Parliament and to the Council.

AddedArticle 68 a (new): Article 68a / 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 68(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.