Changes from report parliamentary committee draft to plenary report

Change 15

ChangedArticle 5 – title: NationalPrinciple asylumof solidarity and migrationfair managementsharing strategiesor responsibility and the duties of the Member States

Change 16

RemovedArticle 5 – paragraph 1 a (new): 1a. When implementing their obligations under paragraph 1, Member States shall cooperate closely.

AddedArticle 5 – paragraph 1 – introductory part: 1. In implementing their obligations, the Member States shall observe the principle of solidarity and fair sharing of responsibility as enshrined in Article 80, TFEU, and shall take into account the shared interest in the effective functioning of the Union’s asylum and migration management policies.

RemovedArticle 5 – paragraph 1 b (new): 1b. Member States shall have national strategies in place to ensure sufficient capacity for the implementation of an effective asylum and migration management system in accordance with the principles set out in this Part. Those strategies shall include: / (a) contingency planning, taking into account the contingency planning pursuant to Regulation (EU) XXX/XXX [European Union Asylum Agency], Regulation (EU) 2019/1896 of the European Parliament and of the Council54b and Directive (EU) XXX/XXX [Reception Conditions Directive] and the reports of the Commission issued within the framework of the Migration Preparedness and Crisis Blueprint; / (b) information on how the Member State implements the principles set out in this Part and legal obligations stemming therefrom at national level; / (c) the results of the monitoring undertaken by the Asylum Agency and the European Border and Coast Guard Agency, of the evaluation carried out in accordance with Council Regulation (EU) No 1053/201354c as well as of the monitoring carried out in accordance with Article 7 of Regulation (EU) XXX/XXX [Screening Regulation]. / The national strategies shall take into account other relevant strategies and existing support measures, in particular those support measures under Regulation (EU) 2021/1147 of the European Parliament and of the Council54d and Regulation (EU) XXX/XXX [European Union Asylum Agency], and be coherent with and complementary to the national strategies for European integrated border…

AddedArticle 5 – paragraph 1 a (new): 1a. In fulfilling their duties, Member States shall:

RemovedContent of this amendment gathered from Article 6.4 in the COM proposal. It is moved to Article 5 to create a comprehensive Article setting out the national obligations

AddedArticle 5 – paragraph 1 – point a: (a) establish and maintain national asylum and migration management systems that provide access to international and national protection procedures, provide and invest in adequate reception and grant such protection to those who are in need and ensure the effective and dignified return of those who are irregularly staying;

AddedArticle 5 – paragraph 1 – point a a (new): (a a) ensure that sufficient funding and qualified and well-trained staff is allocated in all circumstances and, where they consider it necessary or where applicable, request support from Union bodies, offices and agencies for that purpose;

AddedArticle 5 – paragraph 1 – point b: (b) take all measures necessary and proportionate, in full compliance with fundamental rights, to reduce and prevent irregular migration, including the prevention and fight against migrant smuggling and human trafficking, whilst protecting the rights of smuggled and trafficked people;

AddedArticle 5 – paragraph 1 – point c: (c) apply correctly and expeditiously the rules on the determination of the Member State responsible for examining an application for international protection and, where necessary, carry out the transfer to the Member State responsible pursuant to Chapters I-VI of Part III and Chapter I of Part IV;

AddedArticle 5 – paragraph 1 – point d: (d) provide effective support to other Member States in the form of solidarity contributions on the basis of needs set out in Chapters I-III of Part IV;

AddedArticle 5 – paragraph 1 – point e: deleted

AddedArticle 5 – paragraph 1 b (new): 1b. When implementing their obligations under paragraph 1a, Member States shall cooperate closely.

AddedArticle 5 – paragraph 1 c (new): 1c. Member States shall have national strategies in place that establish the strategic approach to ensure they have the capacity to effectively implement their asylum and migration management system, in full compliance with their obligations under Union and international law, taking into account their specific situation, especially their geographical location. The Commission and relevant Union bodies, offices and agencies, in particular the Asylum Agency shall, within their respective mandates, be able to support the Member States when establishing their national strategies. Those strategies shall, at least, include: / (a) preventive measures to reduce the risk of migratory pressure and contingency planning, taking into account the contingency planning pursuant to Regulation (EU) 2021/2303 of the European Parliament and of the Council1a, Regulation (EU) 2019/1896 and Directive (EU) XXX/XXX [Reception Conditions Directive] and the reports of the Commission issued within the framework of the Migration Preparedness and Crisis Blueprint; / (b) information on how the Member States implement the principles set out in this Part and legal obligations stemming therefrom at national level; / (c) the results of the monitoring undertaken by the Asylum Agency and the European Border and Coast Guard Agency, of the evaluation carried out in accordance with Regulation (EU) 2022/922 as well as of the monitoring carried out in accordance with Article 7 of Regulation (EU) XXX/XXX [Screening Reg…

AddedArticle 5 – paragraph 2: 2. Financial and operational support by the Union for implementation of the obligations, including operational support from its agencies, shall be provided in accordance with the Regulation (EU) 2021/2303, Regulation (EU) 2019/1986, Regulation (EU) 2021/1147and Regulation (EU) 2021/11481a. / 1a Regulation (EU) 2021/1148 of the European Parliament and of the Council of 7 July 2021 establishing, as part of the Integrated Border Management Fund, the Instrument for Financial Support for Border Management and Visa Policy (OOJ L 251, 15.7.2021, p. 48).

Article 6: deleted

Change 17

RemovedThe content of this article is moved to articles 4 and 5.

AddedArticle 6 a (new): Article 6a / Governance and monitoring of the asylum and migration management / 1. The Commission, the Council and the Member States shall ensure the consistent implementation of asylum and migration management policies, including both the internal and external components of those policies, in consultation with and with full respect for the competencies of the institutions and agencies of the Union and Member States responsible for external policies. / 2. The Commission, the Council and the Member States, acting within their respective competences, shall be responsible for the implementation of the asylum and migration management policies that comply fully with Union and international law, including with regard to fundamental rights, taking into account the comprehensive approach referred to in Article 3.

RemovedArticle 6 a (new): Article 6a / Governance and monitoring of the asylum and migration management / 1. The Commission, the Council and the Member States shall ensure the consistent implementation of asylum and migration management policies, including both the internal and external components of those policies, in accordance with the principles set out in this Part. / 2. The Commission, the Council and the Member States, acting within their respective competences, shall be responsible for the implementation of the asylum and migration management policies.

AddedArticle 7: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

RemovedArticle 6 b (new): Article 6b / Procedure in the event of risk of migratory pressure / 1. A Member State which considers itself at risk of migratory pressure shall immediately notify the Commission thereof. / Within two weeks of the notifications, the Commission shall coordinate and facilitate necessary measures with the Member State concerned and relevant Union bodies, offices and agencies to reduce the risk of migratory pressure. / 2. Within four weeks of the notification, the Commission shall adopt a prevention response plan on measures to be taken at Union level to reduce the risk of migratory pressure in the Member State concerned. / The prevention response plan shall include recommendations to the Council and the Member State concerned on measures to reduce the risk of migratory pressure. The Commission shall transmit the prevention response plan to the European Parliament. / 3. The Member State concerned shall adopt its own national prevention response plan, outlining measures to be taken at national level and submit it to the Commission within the four-week period referred to in paragraph 2.

AddedArticle 7 a (new): Article 7a / Cooperation with third countries on asylum, border and migration management / 1. The Union and the Member States shall promote and build tailor-made and mutually beneficial partnerships and close cooperation with relevant third countries, in order to / (i) promote legal migration and well-managed mobility for third-country nationals in need of international protection and for those otherwise admitted to reside legally in the Member States; / (ii) support partners hosting large numbers of migrants and refugees in need of protection and build their operational capacities; / (iii) strengthen bilateral, regional and international partnerships on migration, forced displacement, legal pathways and mobility partnerships; / (iv) support effective and human rights based migration policies; / (v) reduce the vulnerabilities caused by human trafficking and smuggling; / (vi) address drivers of irregular migration and forced displacement; / (vii) enhance readmission and reintegration. / 2. The partnerships and close cooperation with third countries shall be implemented in compliance with Union law and based on human rights, rule of law and respect of Union’s common values. / 3. The Commission and Member States shall also take measures to assess and promote other measures designed to foster and enhance mutually benefitting cooperation with third countries. / 4. The Commission, the Council, and the Member States shall, within their respective competences, take actions which prom…

RemovedArticle 6 c (new): Article 6c / Procedure in the event of migratory pressure / 1. A Member State, which considers itself to be under migratory pressure, shall immediately notify the European Parliament, the Council and the Commission thereof. / Within one week of the notification, the Commission shall initiate an assessment of the migratory situation. / Within two weeks of the notification, the Commission shall coordinate and facilitate necessary measures, in cooperation with the Member States and relevant Union bodies, offices and agencies to reduce the migratory pressure. / The Commission shall also hold consultations with the Member States on the solidarity contributions pursuant to Article 52(2). / 2. The Commission shall also adopt a Solidarity Response Plan, outlining measures taken at Union level, in accordance with Article 52. / The Member State concerned shall adopt its own national solidarity response plan, outlining measures to be taken at national level and submit it to the Commission within one month of the notification referred to in paragraph 1 of this Article.

AddedArticle 8 – title: The procedure for determining the Member State responsible for examining an application for international protection

RemovedArticle 7 – title: Cooperation with third countries on migration management

AddedArticle 8 – paragraph 1: 1. Member States shall examine any application for international protection by a third-country national or a stateless person who applies on the territory of any one of them, including at the border or in the transit zones. The application shall be examined by a single Member State at a time, which shall be the one which the criteria set out in Chapter II of Part III indicate is responsible.

RemovedArticle 7 – paragraph 1: 1. The Commission and the Member States shall promote mutually-beneficial partnerships and close cooperation with relevant third countries on migration management. The Commission and Member States shall assess the integration of migration management in all relevant Union policies and the full application of the visa policy and other measures designed to promote cooperation with third countries to facilitate the return of illegally staying third-country nationals. / (deleted)

AddedArticle 8 – paragraph 2: 2. Where no Member State can be designated as responsible for the examination of the application for international protection on the basis of the criteria listed in this Regulation, the first Member State in which the application for international protection was registered shall be responsible for examining it, pursuant to Article 21.

RemovedArticle 7 – paragraph 2: 2. The Commission, the Council, and the Member States shall, within their respective competences, take actions which promote joint objectives and cooperation with third countries to address causes and drivers of irregular migration and forced displacement, applying fully the Neighbourhood, Development and International Cooperation Instrument - Global Europe.

AddedArticle 8 – paragraph 3: 3. Where it is impossible for a Member State to transfer an applicant or a beneficiary of international protection to the Member State primarily designated as responsible because there are substantial grounds for believing that there is a real risk of violations of the applicant’s fundamental rights or there are systemic flaws in the asylum procedure or in the reception conditions for applicants or the beneficiaries of international protection in that Member State, the determining Member State shall continue to examine the criteria set out in Chapter II of Part III in order to establish whether another Member State can be designated as responsible. / Where a Member State cannot carry out the transfer pursuant to the first subparagraph and cannot establish whether another Member State can be designated as responsible on the basis of the criteria set out in Chapter II of Part III or to the first Member State with which the application was registered, that Member State shall become the Member State responsible for the examination of that application for international protection.

RemovedArticle 7 – paragraph 2 a (new): 2a. In the application of this Article, the Commission shall, in particular, consider reports by the Asylum Agency, European Border and Coast Guard Agency, Europol and the European External Action Service.

AddedArticle 8 – paragraph 4 – subparagraph 1: If a security check provided for in Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] has not been carried out, the first Member State in which the application for international protection was registered shall examine whether there are reasonable grounds to consider the applicant a threat to internal security of that Member State, as soon as possible, at the latest within three days after the registration of the application, before applying the criteria for determining the Member State responsible pursuant to Chapter II or the clauses set out in Chapter III of Part III.

RemovedArticle 7 – paragraph 3: deleted

AddedArticle 8 – paragraph 4 – subparagraph 2: If a security check provided for in Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] has been carried out, but the first Member State in which the application for international protection was registered has justified reasons to examine whether there are reasonable grounds to consider the applicant a threat to internal security of that Member State, that Member State shall carry out the examination as soon as possible after the registration of the application, before applying the criteria for determining the Member State responsible pursuant to Chapter II or the clauses set out in Chapter III of Part III.

Change 18

ChangedArticle 8 – paragraph 1: 1. Member4 States– shallsubparagraph examine3: anyWhere applicationthe forsecurity internationalcheck protectioncarried registeredout onin theaccordance territorywith ofArticle any11 of them,Regulation including(EU) atXXX/XXX the[Screening borderRegulation] or in accordance with the transitfirst zones.and Thesecond applicationsubparagraphs forof internationalthis protectionparagraph shallshows bethat registeredthere inare thereasonable Membergrounds Stateto ofconsider firstthe entryapplicant ina accordancethreat withto Articleinternal 7security of Regulationthe (EU)Member xxx/xxxState [Asylumcarrying Procedureout Regulation],the orsecurity wherecheck, thethat applicantMember isState legallyshall present.be the Member State responsible.

Change 19

RemovedArticle 8 – paragraph 2: 2. The Member State of first entry or the Member State where the applicant is legally present shall be responsible for the examination of an application for international protection, unless another Member State can be designated as responsible for the examination of that application on the basis of the criteria in Part III, Chapter II of this Regulation.

AddedArticle 8 – paragraph 5: deleted

RemovedArticle 8 – paragraph 3 – subparagraph 1: Where it is impossible for a Member State to transfer an applicant to the Member State designated as responsible because there are substantial grounds for believing that there are systemic flaws in the asylum procedure and in the reception conditions for applicants in that Member State, resulting in a risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights of the European Union, the determining Member State shall establish whether another Member State can be designated as responsible.

AddedArticle 9 – title: Cooperation of the applicant with the competent authorities

Change 20

ChangedArticle 89 – paragraph 3 – subparagraph1: 2:1. Where a Member State cannot establish whether another Member State can bethird-country designatednational asor responsiblestateless forperson theintends examinationto ofmake an application for international protection onprotection, the basisapplication ofshall thebe criteriamade setand outregistered in Part III,the ChapterMember IIState of thisfirst Regulation,entry thator the Member State shall becomein thewhich Memberthat Statethird-country responsiblenational foror thestateless examinationperson ofis thatlegally application.present.

Change 21

RemovedArticle 8 – paragraph 4 – subparagraph 1: If a security check provided for in Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] has not been carried out, the Member State shall examine whether there are reasonable grounds to consider the applicant a danger to national security or public order of that Member State immediately after the registration of the application, before applying the criteria for determining the Member State responsible pursuant to Chapter II or the clauses set out in Chapter III of Part III.

AddedArticle 9 – paragraph 2: 2. By derogation from paragraph 1, where a third-country national or stateless person who intends to make an application for international protection is in possession of a residence permit or a visa, either valid or which has expired, the application shall be made and registered in the Member State that issued the residence permit or visa. / (deleted)

RemovedArticle 8 – paragraph 4 – subparagraph 2: If a security check provided for in Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] has been carried out, but the Member State has justified reasons to examine whether there are reasonable grounds to consider the applicant a danger to national security or public order of that Member State, that Member State shall carry out the examination immediately after the registration of the application, before applying the criteria for determining the Member State responsible pursuant to Chapter II or the clauses set out in Chapter III of Part III.

AddedArticle 9 – paragraph 3: 3. The applicant shall fully cooperate with the competent authorities of the Member States in matters covered by this Regulation, in particular by submitting and disclosing, as soon as possible all the elements and information available to him or her to determine the Member State responsible. The competent authority shall set a reasonable time limit within the period referred to in Article 29(1) for submitting such evidence, taking into account the circumstances of the individual case and shall inform the applicant thereof.

Change 22

ChangedArticle 9 – paragraph 1:3 1.– Wheresubparagraph 1 a third-country(new): nationalThe intendscompetent toauthorities makeshall anconsider applicationelements forand internationalinformation protection,submitted thealso applicationafter shalla betake madecharge andrequest registeredis insent if the Memberelements Stateor information are of firstsuch entrynature orthat they provide key and reliable evidence which is crucial for determining the Member State responsible, in whichparticular thatregarding third-countryunaccompanied nationalminors isand legallyfamily present.reunification.

Change 23

RemovedArticle 9 – paragraph 2 – subparagraph 2: Where a third-country national who intends to make an application for international protection is in possession of a residence permit or visa which has expired within the last three years, the application shall be made and registered in the Member State that issued the residence permit or visa.

AddedArticle 9 – paragraph 4 – introductory part: 4. The applicant shall be required, within reason, to be present and to remain available to the competent authorities or judicial authorities in:

RemovedArticle 9 – paragraph 3: 3. The applicant shall fully cooperate with the competent authorities of the Member States in matters covered by this Regulation, in particular by submitting information in order to determine the Member State responsible as soon as possible and at the latest before the competent authority has taken a decision on the responsible Member State in accordance with this Regulation.

AddedArticle 9 – paragraph 4 – point c: (c) the Member State of relocation following a transfer pursuant to Article 57(8).

Change 24

ChangedArticle 9 – paragraph 5 –5: subparagraph5. 1Where a (new):transfer Theor competentrelocation authorities,decision mayis final and notified to the applicant in accordance with national law,Article impose32(2) additionaland obligationsArticle on57(7), the applicant in ordershall tocomply preventwith unauthorisedthat movements.decision.

Change 25

RemovedArticle 10 – paragraph 2: 2. Elements and information relevant for determining the Member State responsible submitted after expiry of the time limit referred to in Article 9(3) must not be taken into account by the competent authorities.

AddedArticle 9 – paragraph 5 a (new): 5a. Member States shall take into account the individual circumstances of the applicant when applying this Article.

RemovedArticle 11 – paragraph 1 – introductory part: 1. The determining Member State shall inform the applicant in writing, in a language the applicant understands or is reasonably expected to understand, of the application of this Regulation and of the obligations set out in Article 9 as well as the consequences of non-compliance set out in Article 10, of the purpose of the personal interview referred to in Article 12, and of the assistance the Member State or non-governmental organisations can offer with regard to tracing family members or relatives. It shall also inform the applicant:

AddedArticle 10: deleted / (deleted) / (deleted) / (deleted)

RemovedArticle 11 – paragraph 1 – point b: deleted

AddedArticle 10 a (new): Article 10a / Reception conditions in a Member State other than the one in which the applicant is required to be present / 1. Before applying Article 17a of Directive (EU) xxx/xxx [Reception Conditions Directive], Member States shall ensure that the applicant has been duly informed of the requirement set out in Article 9(4) of this Regulation and of the consequences of non-compliance with that requirement pursuant to Article 8(2), point (b), of Regulation (EU) xxx/xxx [Screening Regulation]. / 2. Paragraph 1 shall not apply if the applicant is present in a Member State other than the Member State where he or she is required to be present and where his or her presence is due to reasons beyond his or her control. / 3. Member States shall take into account the individual circumstances of the applicant, including the real risk of violations of fundamental rights in the Member State where the applicant is required to be present, when applying this Article. Any measures taken by the Member States shall be proportionate.

RemovedThis is included in the introductory part (obligations set out in Article 9, and consequences of non-compliance in Article 10).

AddedArticle 11 – paragraph 1 – introductory part: 1. As soon as possible and in any event by the date when an application for international protection is registered in a Member State, its competent authorities shall provide the applicant with information of the application of this Regulation. That information shall include in particular information on:

RemovedArticle 11 – paragraph 1 – point c: (c) of the criteria and the procedures for determining the Member State responsible, the hierarchy of such criteria in the different steps of the procedure and their duration, including the obligation for the applicant to disclose, as soon as possible in the procedure any relevant information to determine the Member State responsible;

AddedArticle 11 – paragraph 1 – point a: deleted