Changes from report parliamentary committee draft to plenary report

RemovedArticle 2 – paragraph 1 – point c: (c) ‘applicant’ means a third-country national who has made an application for international protection in respect of which a decision has not been taken in accordance with Regulation (EU) XXX/XXX [Asylum Procedure Regulation], or a person who has been granted immediate protection pursuant to Regulation (EU) XXX/XXX [Regulation addressing situations of crisis and force majeure in the field of asylum and migration];

AddedRecital 72: (72) The examination procedure should be used for the adoption of a standard form for the exchange of relevant information on unaccompanied minors; of uniform conditions for the consultation and exchange of information on minors and dependent persons; of uniform conditions on the preparation and submission of take charge and take back requests; of two lists of relevant elements of proof and circumstantial evidence, and the periodical revision thereof; of a laissez passer; of uniform conditions for the consultation and exchange of information regarding transfers; of a standard form for the exchange of data before a transfer; of a common health and vulnerabilities certificate; of uniform conditions and practical arrangements for the exchange of information on a person’s health data before a transfer, and of secure electronic transmission channels for the transmission of requests.

RemovedThis aligns the definition of an 'applicant' with the Asylum Procedure Directive Art 2 (c).

AddedRecital 73: (73) The Commission should adopt immediately applicable delegated and implementing acts in duly justified imperative grounds of urgency due to the situation of migratory pressure present in a Member States.

RemovedArticle 2 – paragraph 1 – point g – introductory part: (g) ‘family members’ means, insofar as the family already existed before the applicant or the family member arrived on the territory of the Member States, the following members of the applicant’s family who are present on the territory of the Member States and with whom there is a well-proven family link:

AddedRecital 77: (77) This Regulation respects the fundamental rights and observes the principles which are guaranteed in Union and international law, including in the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full observance of the right to asylum guaranteed by Article 18 of the Charter as well as the rights recognised under Articles 1, 4, 7, 24 and 47 thereof. Member States should therefore apply this Regulation accordingly.

RemovedArticle 2 – paragraph 1 – point g – point v: (v) the sibling or siblings of the applicant, provided that the applicant is a minor;

AddedRecital 78: (78) Since the objective of this Regulation, namely the establishment of criteria and mechanisms for determining the Member State responsible for examining an application for international protection registered in one of the Member States by a third-country national or a stateless person, and the establishment of a solidarity mechanism to support Member States in addressing a situation of migratory pressure, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Regulation, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

RemovedArticle 2 – paragraph 1 – point n: deleted

AddedArticle 1 – paragraph 1 – point a: (a) sets out a common framework for the management of asylum and migration in the Union, and the functioning of the Common European Asylum System;

RemovedA third country national wishing to stay on the territories more than three months require a long-term visa or residence permit, which already is grounds for responsibility. As such, introduction of 'diploma and qualification' is redundant.

AddedArticle 1 – paragraph 1 – point b: (b) establishes a mechanism for solidarity and fair sharing of responsibility, as enshrined in Article 80 Treaty of the Functioning of the European Union (TFEU);

RemovedArticle 2 – paragraph 1 – point o: deleted

AddedArticle 2 – paragraph 1 – point a: (a) ‘third-country national’ means any person who is not a citizen of the Union within the meaning of Article 20(1) of the TFEU and who is not a person enjoying the right of free movement under Union law as defined in Article 2, point (5) of Regulation (EU) 2016/399 of the European Parliament and of the Council53;

RemovedSee justification above.

AddedArticle 2 – paragraph 1 – point a a (new): (aa) ‘stateless person’ means a person who is not considered a national by any State under the operations of its law, as referred to in the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954;

Change 5

ChangedArticle 2 – paragraph 1 – point p:c: (p)(c) ‘absconding’‘applicant’ means thea actionthird-country bynational whichor a stateless person who has made an applicantapplication doesfor notinternational remainprotection availablein torespect theof competentwhich administrativea orfinal judicialdecision authorities;has not been taken;

Change 6

ChangedArticle 2 – paragraph 1 – point r:g (r)– ‘benefittingintroductory Memberpart: State’(g) ‘family members’ means the Member Statefollowing benefittingmembers fromof the solidarityapplicant’s contributions,or asbeneficiary’s setfamily outwho inare Articlepresent 45,on inthe situationsterritory of migratorythe pressure;Member States:

Change 7

ChangedArticle 2 – paragraph 1 – point s:g (s)– ‘contributingpoint Memberi: State’(i) meansthe aspouse Memberof Statethe thatapplicant providesor beneficiary or ishis obligedor toher provideunmarried partner in a stable relationship, where the solidaritylaw contributions,or aspractice setof outthe Member State concerned treats unmarried couples in Articlea 45,way comparable to amarried benefittingcouples Memberunder State;its law relating to third-country nationals,

Change 8

AddedArticle 2 – paragraph 1 – point g – point ii: (ii) the minor or adult dependent children of couples referred to in the first indent or of the applicant, or beneficiary regardless of whether they were born in or out of wedlock or adopted as defined or recognised under national law,

AddedArticle 2 – paragraph 1 – point g – point iii: (iii) where the applicant is a minor or adult dependent child, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is present,

AddedArticle 2 – paragraph 1 – point g – point iv: (iv) where the beneficiary of international protection is a minor or adult dependent child, the father, mother or another adult responsible for him or her whether by law or by the practice of the Member State where the beneficiary is present,

AddedArticle 2 – paragraph 1 – point g – point v: (v) the sibling or siblings of the applicant or beneficiary;

AddedArticle 2 – paragraph 1 – point g – point v a (new): (va) by way of derogation from points (ii), (iii) and (iv), on the basis of an individual assessment, where the minor is married, the adult spouse constitutes a family member provided that the marriage is in accordance with the relevant national law had it been contracted in the Member State concerned, in particular having regard to the legal age of marriage.

AddedArticle 2 – paragraph 1 – point k: (k) ‘guardian’ means a natural person or an organisation including a public body designated by the competent authorities in order to assist, and represent and act on behalf of an unaccompanied minor in procedures provided for in this Regulation in order to ensure that the unaccompanied minor can benefit from the rights and comply with the obligations under this Regulation, while safeguarding the best interests of the child and his or her well-being, and exercising legal capacity for the minor where necessary;

AddedArticle 2 – paragraph 1 – point n: (n) ‘diploma or qualification’ means a diploma or qualification which is obtained after at least a three months’ period of study achieved on the territory of a Member State in a recognised, state or regional programme of education or vocational training at least equivalent to level 2 of the International Standard Classification of Education, operated by an education establishment in accordance with national law or administrative practice of the Member States;

AddedArticle 2 – paragraph 1 – point p: (p) ‘absconding’ means the action by which an applicant does not remain available to the competent administrative or judicial authorities, for reasons which are not beyond the applicant’s control;

AddedArticle 2 – paragraph 1 – point q: (q) ‘risk of absconding’ means the existence of specific reasons and circumstances in an individual case, following an individual assessment, which are based on objective criteria clearly defined by national law to believe that an applicant who is subject to a transfer procedure may abscond;

AddedArticle 2 – paragraph 1 – point r: (r) ‘benefitting Member State’ means the Member State benefitting from the solidarity contributions as set out in Article 45 in situations of migratory pressure;

AddedArticle 2 – paragraph 1 – point s: (s) ‘contributing Member State’ means a Member State that provides or is obliged to provide solidarity contributions to a benefitting Member State, as set out in Article 45;

Article 2 – paragraph 1 – point t: deleted

Change 9

RemovedReturn sponsorship is provided as one of the solidarity contributions, as such a Member State undertaking return sponsorship is a contributing Member State. This term is deleted to streamline the usage of terms and improve coherence in the text.

AddedArticle 2 – paragraph 1 – point t a (new): (ta) ‘transfer’ means the action taken by the Member States and practical arrangements made by that Member State in order to take charge or to take back an applicant pursuant to Article 26 of this Regulation;

RemovedArticle 2 – paragraph 1 – point w: (w) ‘migratory pressure’ means a situation whereby the arrival of third-country nationals, including as a result of search and rescue operations, places a burden even on well-prepared asylum and migration systems, which causes the Member State concerned to not be able to fulfil its legal obligations, in particular those laid down in this Regulation, Regulation (EU) xxx/xxx [Screening Regulation], Regulation (EU) xxx/xxx [Asylum Procedure Directive], and the Directive xxx/xxx [Return Directive];

AddedArticle 2 – paragraph 1 – point u: (u) ‘relocation’ means transferral of an applicant or a beneficiary of international protection from the territory of a benefitting Member State to the territory of a contributing Member State;

RemovedArticle 2 – paragraph 1 – point w a (new): (wa) 'risk of migratory pressure' means the risk of a disproportionate burden even on well-prepared asylum and migration system in a Member State, following the anticipation of imminent arrivals of third-country nationals, which risk placing the Member State under migratory pressure;

AddedArticle 2 – paragraph 1 – point v: (v) ‘search and rescue operations’ means operations of search and rescue activities, as referred to in the 1979 International Convention on Maritime Search and Rescue adopted in Hamburg, Germany on 27 April 1979, and operations as referred to in Article 10 of Regulation (EU) No 656/2014 of the European Parliament and of the Council1a; / 1a Regulation (EU) No 656/2014 of the European Parliament and of the Council of 15 May 2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (OJ L 189, 27.6.2014, p. 93).

RemovedA definition for 'risk of migratory pressure' is introduced as the procedures will vary depending on whether there is a 'risk of migratory pressure' or 'migratory pressure', see Article 6 a and b.

AddedArticle 2 – paragraph 1 – point w: (w) ‘migratory pressure’ means, without prejudice to the definition of crisis in Article XX of Regulation (EU) xx/xx [Crisis Regulation], a situation, whereby the arrivals or applications of third-country nationals or stateless persons, including recurring arrivals by sea, in particular disembarkations following search and rescue operations and activities place a disproportionate responsibility even on well-prepared asylum, reception and migration systems, which requires solidarity contributions pursuant to Article 45 of this Regulation;

Change 10

ChangedArticle 2 – paragraph 1 – point w ba (new): (wb)(wa) 'reception‘reception conditions'conditions’ means the reception conditions, as defined in Article 2, point (6),2(6) of Directive (EU) xxx/xxxXXX/XXX [Reception Conditions Directive];

Change 11

AddedArticle 2 – paragraph 1 – point x a (new): (xa) ‘EU Relocation Coordinator’ means the person appointed by the Commission and with the mandate as defined in Article 58 a of this Regulation;

AddedArticle 2 – paragraph 1 – point z: deleted / (deleted)

AddedArticle 2 – paragraph 1 – point aa: deleted

AddedArticle 3 – paragraph 1 – introductory part: The Union and the Member States shall take common actions in the field of asylum and migration management on the basis of a comprehensive approach including the principle of integrated policy-making, in compliance with international and Union law, ensuring coherence between asylum and migration management policies and consisting of the following components:

AddedArticle 3 – paragraph 1 – point a: deleted

AddedArticle 3 – paragraph 1 – point c: deleted

AddedArticle 3 – paragraph 1 – point d: deleted

AddedArticle 3 – paragraph 1 – point e: (e) effective management of the Union’s external borders, based on the European integrated border management as set out in Article 3 of Regulation (EU) 2019/1896 of the European Parliament and of the Council1a; / 1a Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).

AddedArticle 3 – paragraph 1 – point g: (g) swift access to fair and efficient procedures for granting international protection on Union territory, including at Union borders and recognition of third-country nationals or stateless persons as refugees or beneficiaries of subsidiary protection;

AddedArticle 3 – paragraph 1 – point h: (h) determination of the Member State responsible for the examination of an application for international protection, based on shared responsibility and rules and mechanisms for solidarity, as enshrined in Article 80, TFEU;

AddedArticle 3 – paragraph 1 – point i: (i) access for applicants to adequate reception conditions, in accordance with the Reception Conditions Directive;

AddedArticle 3 – paragraph 1 – point j: (j) return of irregularly staying third-country nationals in accordance with the Return Directive;

AddedArticle 3 – paragraph 1 – point l: deleted

AddedArticle 3 – paragraph 1 – point m: (m) where applicable, deployment and use of the operational tools set up at Union level, notably the Asylum Agency;

AddedArticle 3 – paragraph 1 – point n: deleted

Article 4: deleted / (deleted) / (deleted) / (deleted) / (deleted)

Change 12

RemovedThe content of this article is moved to article 6.

AddedArticle 4 a (new): Article 4a / A long-term European Asylum and Migration Management Strategy / The Commission shall adopt a five-year European Asylum and Migration Management Strategy (the ‘Strategy’) setting out the strategic approach to ensure access to asylum procedures and the functioning and implementation of asylum and migration policies at Union level, in accordance with the principles set out in this Part and in Union primary law and applicable international law. The Commission shall transmit the Strategy to the European Parliament and the Council. / The first Strategy shall be adopted by ... [18 months after the entry of this Regulation] and every five years thereafter. / The Strategy shall include the components listed in Article 3, and also take into account: / (a) the implementation of the national asylum and migration management strategies of the Member States, referred to in Article 5, and their compliance with Union and international law; / (b) relevant information gathered by the Commission under the Commission Recommendation No XXX on an European Preparedness and Crisis Management Mechanism (the ‘Migration Preparedness and Crisis Blueprint’); / (c) information collected by the Commission and the Asylum Agency on implementation of the asylum acquis; / (d) information gathered from the European External Action Service and relevant Union bodies, offices and agencies, in particular reports by the Asylum Agency, European Border and Coast Guard Agency and the European Union Agency f…

Change 13

ChangedArticle 4 ab (new): Article 4a4b / A long-term European Asylum and MigrationAnnual ManagementSituational StrategyReport / 1. The Commission shall adoptmonitor aand long-termprovide Europeaninformation Asylumon andthe Migrationasylum, Managementreception Strategyand (themigratory 'Strategy')situation onover the implementationprevious of12 asylummonth andperiod migrationas managementa policieswhole andthrough settingannual outsituational thereports approachbased toon managingqualitative asylumdata and migrationinformation atprovided Unionby level.the TheMember CommissionStates, shallthe transmitEuropean theExternal StrategyAction toService, the European ParliamentAsylum andAgency, the Council.European /Border Theand firstCoast StrategyGuard shallAgency, bethe adoptedEuropean byAgency …for [18Law monthsEnforcement afterCooperation (Europol), the entryEuropean intoUnion forceAgency offor thisFundamental regulation]Rights, and everyother fiverelevant yearsbodies, thereafter.offices, /agencies or organisations. The StrategyCommission shall includetransmit the componentsannual listedsituational inreports Articleto 3,the European Parliament and alsothe takeCouncil intoby account:[...] of each year. / The annual situational reports shall include: / (a) the long-termtotal nationalnumber asylumof andapplications migrationfor managementinternational strategiesprotection and the nationalities of the Memberapplicants, States,including referredthe tonumbers inof Articleapplications 5;lodged /by (b)unaccompanied informationminors gatheredand byother thevulnerable Commissionpersons; under/ (b) the Commissionreception Recommendationcapacity Noof XXXthe onMember anStates; EU/ Migration(c) Preparednessthe andnumber Crisisof Managementthird-country Mechanismnationals (thewho 'Migrationhave Preparednessbeen andidentified Crisisby Blueprint'),Member theStates reportsauthorities issuedthat underdo thatnot frameworkfulfil asthe wellconditions asfor theentry, activitiesstay ofor theresidence Migrationin Preparednessthe andMember CrisisState, Managementincluding Network;overstayers /within (c)the informationmeaning gatheredof fromArticle the3(1), Europeanpoint External(19), Actionof ServiceRegulation and(EU) relevant2017/2226 Unionof bodies,the officesEuropean Parliament and agencies,of inthe particularCouncil1a; reports/ by(d) the Asylumnumber Agency,of Europeanreturn Borderdecisions andissued Coastby Guardthe AgencyMember States and the Europeannumber Unionof Agencythird-country fornationals Fundamentalwho Rights;left /the (d)territory anyof otherthe relevantMember information.States in accord…

Change 14

ChangedArticle 4 bc (new): Article 4b4c / Projected Annual situationalSolidarity reportsNeeds / 1. The Commission shall monitor and provideshall, informationtogether onwith the migratorytransmission situationof throughthe annual situational reports basedreport onas qualitativereferred andto quantitativein dataArticle and4b, informationadopt provideda bydelegated theact Memberin States,accordance thewith EuropeanArticle External68, Actionsetting Service,out the Asylum Agency, theanticipated Europeanevolution Borderof andthe Coastmigratory Guardsituation Agency,in the European Union Agency forMember LawStates Enforcementand Cooperationanticipated (Europol)number andof thearrivals, Europeanincluding Unionarrivals Agencyby forsea, Fundamentalin Rights.particular Thethrough annualdisembarkation reportsfollowing shallsearch setand outrescue theoperations anticipatedor evolutionactivities, ofin the migratoryfollowing situation12 andmonths. the/ preparednessThat ofdelegated theact Unionshall andalso identify the Member States.States Thethat Commissionexperienced shallrecurring transmitarrivals theby annualsea, situationalin reportsparticular tothrough thedisembarkation Europeanfollowing Parliamentsearch and the Council.rescue /operations Theor annualactivities situationalin reportsthe shallprevious also12 include:months. / (a)2. theWhere numberthe ofCommission applicationsanticipates forthat internationalone protectionor andmore theMember nationalitiesStates ofcould theface applicants,a includingsituation theof numbermigratory ofpressure, applicationsthe lodgeddelegated byact unaccompaniedshall minorsalso, andfor otherthe vulnerableupcoming persons;year, /set (b)out the numberprojected ofannual returnsolidarity decisionsneeds andin the number of third-countryform nationalsof: who/ left(a) the territorytotal number of therequired Memberrelocations Statespursuant into accordanceArticle with45(1), apoints return(a) decision;and (c); / (c)(b) the total number of third-countryrequired nationalsrelocations admittedallocated for applicants arriving by thesea, Memberin Statesparticular through resettlementdisembarkation orfollowing humanitariansearch admissionand schemes;rescue operations or activities; / (d)(c) the numbertotal need of incomingcapacity-building andmeasures outgoingpursuant taketo chargeArticle requests45(2a). and/ takeThe backdelegated notifications,act andshall thegive numberpriority ofto transfersmeasures carriedset out in accordanceArticle with45(1). this/ Regulation;The /Commission (e)shall consult with the numberMember State of third-countryMember nationalsStates subjectidentified. to/ the3. borderWhere …a Member State is identified as havin…