Changes from report parliamentary committee draft to plenary report

▸4 unchanged paragraphs

Article 50 – paragraph 3 – point h: deleted

Article 50 – paragraph 3 – point i: deleted

Article 50 – paragraph 3 – point j: deleted

Article 50 – paragraph 3 – point k: deleted

Change 51

ChangedArticle 50 – paragraph 4: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)4 /– (deleted)point /a: (deleted)deleted

Change 52

RemovedArticle 51 – paragraph 1 – subparagraph 2: The Commission shall submit the report on migratory pressure to the Member State concerned, the European Parliament and to the Council within one month after the Commission informed them in accordance with Article 50(2) that it was undertaking an assessment. / Where a rapid response is required due to a developing situation in the Member State concerned, the Commission shall submit its report within two weeks from the date on which it informed the European Parliament, the Council and the Member States in accordance with Article 50(2) that it was undertaking an assessment.

AddedArticle 50 – paragraph 4 – point b: deleted

RemovedArticle 51 – paragraph 3 – point b – point ii: (ii) measures referred to in Article 45(1), points (a), (b), (c) and (da) to be taken by other Member States;

AddedArticle 50 – paragraph 4 – point c: deleted

AddedArticle 50 – paragraph 4 – point d: (d) the relevant Recommendations provided for in Article 15 of Regulation (EU) 2022/922, Article 13, 14 and 22 of Regulation (EU) 2021/2303 and Article 32(7) of Regulation (EU) 2019/1896; / (deleted)

AddedArticle 50 – paragraph 4 – point f: deleted

AddedArticle 50 – paragraph 4 – point g: deleted

AddedArticle 50 – paragraph 4 – point h: deleted

AddedArticle 50 – paragraph 4 – point i: deleted

AddedArticle 50 – paragraph 4 – point j: deleted

AddedArticle 50 – paragraph 4 a (new): 4a. Where during the assessment of migratory pressure in accordance with this Article, the Commission considers that the situation may be a situation of crisis pursuant to Article X of Regulation (EU) xxx/xxx [Crisis Regulation], and the Member State concerned agrees, the Commission shall also assess whether the Member State concerned is in a situation of crisis instead of under migratory pressure.

AddedArticle 51 – title: Delegated act to determine migratory pressure

AddedArticle 51 – paragraph 1 – subparagraph 2: deleted

AddedArticle 51 – paragraph 2: deleted

AddedArticle 51 – paragraph 2 a (new): 2a. The Commission shall, within two weeks after it informed the European Parliament, the Council and the Member States pursuant to Article 50(2) that it was carrying out an assessment, adopt a delegated act determining whether the Member State concerned is under migratory pressure.

AddedArticle 51 – paragraph 3 – introductory part: 3. Where the Commission concludes that the Member State concerned is under migratory pressure, the delegated act shall identify:

AddedArticle 51 – paragraph 3 – point a: (a) the capacity of the Member State under migratory pressure in the field of migration management, in particular asylum, reception and return as well as its overall needs in managing its asylum and return caseload;

AddedArticle 51 – paragraph 3 – point a a (new): (aa) measures that the Member State has taken to enhance its asylum, reception and migration system;

AddedArticle 51 – paragraph 3 – point b – point i: (i) measures that the Member State under migratory pressure shall take in the field of migration management, and in particular to enhance its asylum, reception and migration system;

AddedArticle 51 – paragraph 3 – point b – point ii: (ii) measures referred to in Article 45(1) to be taken by other Member States;

AddedArticle 51 – paragraph 3 – point b – point iii: (iii) measures referred to in Article 45(2).

Article 51 – paragraph 4: deleted

Change 53

ChangedArticle 51 – paragraph 4 a (new): 4a. WhereThe thedelegated Commissionact concludesshall thatidentify the Member State concerned is not under migratorycapacity pressure,of itthe shallsolidarity considerpool thatand the Memberdistribution Stateof concernedsolidarity iscontributions atamong riskthe ofcontributing migratoryMember pressure,States andin shallaccordance applywith the procedureimplementing setact outreferred to in Article 6b of this Regulation.46.

Change 54

RemovedArticle 52 – paragraph 1: 1. Where the report referred to in Article 51 indicates that a Member State is under migratory pressure, the other Member States which are not themselves benefitting Member States shall contribute by means of the solidarity contributions referred to in Article 45(1), points (a), (b), (c) and (d a). Member States shall, where necessary, prioritise the relocation of unaccompanied minors and other vulnerable persons.

AddedArticle 51 – paragraph 4 b (new): 4b. The delegated act shall set out the time frame for the implementation of solidarity contributions pursuant to Article 45(1), taking into account the need for urgent actions for the Member State concerned.

RemovedArticle 52 – paragraph 2: 2. Where the report referred to in Article 51 identifies measures referred to in Article 45(1), point (d), other Member States may contribute by means of those measures, provided that such measures have the same impact as measures taken in accordance with Article 45(1), point (a), (b), (c) and (da).

AddedArticle 51 – paragraph 4 c (new): 4c. Where, in a case of migratory pressure, imperative grounds of urgency so require, the procedure provided for in Article 68a shall apply to delegated acts adopted pursuant to this Article.

RemovedArticle 52 – paragraph 3 – subparagraph 1: Within two weeks from the notification referred to in Article 50(2), Member States shall submit to the Commission a Solidarity Response Plan by completing the form in Annex II. The Solidarity Response Plan shall indicate the type of contributions from among those set out in Article 45(1) that Member States propose to take. Where Member States propose more than one type of contribution set out in Article 45(1), they shall indicate the share of each.

AddedArticle 52 – title: Solidarity Response in situations of migratory pressure

RemovedArticle 52 – paragraph 3 – subparagraph 2: Where the Solidarity Response Plan includes return sponsorship, Member States shall indicate the nationalities of the illegally staying third-country nationals present on the territory of the Member State concerned that they intend to sponsor, and whether they intend to sponsor those third-country nationals in their own territory or in the territory of the benefitting Member State.

AddedArticle 52 – paragraph 1: deleted

RemovedArticle 52 – paragraph 3 – subparagraph 3: Where Member States indicate measures set out in Article 45(1) point (d) in the Solidarity Response Plan they shall also indicate the detailed arrangements and the time-frame for their implementation.

AddedArticle 52 – paragraph 1 a (new): 1a. The EU Relocation Coordinator shall, without delay, and no later than within two weeks following a notification pursuant to Article 49a or the adoption of a delegated act pursuant to Article 51 coordinate the relocation.

RemovedArticle 52 – paragraph 4: 4. Where the Commission considers that the solidarity contributions indicated in the Solidarity Response Plans do not correspond to the needs identified in the report on migratory pressure provided for in Article 51, it shall invite the Member States to adjust the type of contributions in their Solidarity Response Plans. / The Commission shall consider measures at its disposal to facilitate the adjustment of voluntary contributions by the Member States.

AddedArticle 52 – paragraph 2: deleted

RemovedArticle 52 – paragraph 5: 5. 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 distribution key set out in Article 54 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.

AddedArticle 52 – paragraph 2 a (new): 2a. Where the Commission has adopted a delegated act pursuant to Article 51, the EU Relocation Coordinator shall convene the Solidarity Forum, where the capacity of the solidarity pool referred to in 45b falls short of the identified needs. The Solidarity Forum shall take place no later than one week after the adoption of the delegated act. / Where the Commission has received a notification pursuant to Article 49a and the capacity of the solidarity pool referred to in 45b is no longer able to meet the identified needs, the EU Relocation Coordinator shall convene the Solidarity Forum no later than one week after receipt of that notification. / The Commission shall consider measures at its disposal to encourage increased pledges by the contributing Member States.

RemovedArticle 52 – paragraph 5 a (new): 5a. The Solidarity Response Plan shall be adopted within one month from the submission of the report on migratory pressure referred to in Article 51 to the Member State concerned, the European Parliament and the Council.

AddedArticle 52 – paragraph 3 – subparagraph 1: deleted

AddedArticle 52 – paragraph 3 – subparagraph 2: deleted

AddedArticle 52 – paragraph 3 – subparagraph 3: deleted

AddedArticle 52 – paragraph 3 a (new): 3a. The Member States which are not themselves benefitting Member States shall at the Solidarity Forum provide additional pledges by completing the Solidarity Response Plan form in Annex II setting out the solidarity contributions referred to in Article 45. Member States shall prioritise the relocation of vulnerable persons, and in particular of unaccompanied minors. / Where Member States propose more than one type of contribution set out in Article 45 they shall indicate the share of each, including the detailed arrangements for its implementation, within the timeframe set out in Article 51(5).

AddedArticle 52 – paragraph 3 b (new): 3b. A benefitting Member State may request the contributing Member States to take responsibility for applications for international protection for which the benefitting Member State has been determined as responsible pursuant to Articles 19-23. Where contributing Member States agree, pursuant to Article 25 of this Regulation, to take responsibility for applications of international protection for which the benefitting Member State has been determined as responsible, they shall indicate their responsibility pursuant to Article x of Regulation (EU) xxx/xxx [Eurodac Regulation]. / The first subparagraph shall not apply where the applicant is an unaccompanied minor and Article 15 applies.

AddedArticle 52 – paragraph 4: 4. Where the solidarity contributions indicated in the Solidarity Response Plans correspond to the needs identified in the delegated act provided for in Article 51, or the needs identified in the notification received pursuant to Article 49a, the Commission shall, no later than within one week from the adoption of that delegated act or receipt of that notification, adopt an implementing act setting out the solidarity contributions from the Contributing Member States.

AddedArticle 52 – paragraph 5: deleted

AddedArticle 52 a (new): Article 52a / Postponement of transfer procedures / 1. A benefitting Member State may, at any time when under migratory pressure, notify to the Commission and the other Member States of the temporary postponement of the transfer of applicants for a maximum period of nine months where it is responsible for the examination of their applications pursuant to Article 23. Transferring Member States shall not carry out transfers to the benefitting Member State during that established period, which shall in any case not be longer than the remaining part of the year. The time limits laid down in Article 35(1) shall start on the dates the postponement period ends. / 2. This temporary postponement is without prejudice to the possibility for the transferring Member States to assume responsibility, pursuant to Article 25 at any time for the applications in respect of which the transfer was pending. / 3. Applicants whose transfer is postponed in accordance with paragraph 1 shall benefit from the reception conditions, in accordance with Article 17a of Directive (EU) XXX/XXX [Reception Conditions Directive] and 9(4), point (a), of this Regulation.

Article 53 – paragraph 1: deleted

Change 55

ChangedArticle 53 – paragraph 1 a (new): 1a. Where the Commission considers that the adjusted solidarity contributions as referred to in Article 52(2) do not correspond to the needs identified in the reportdelegated onact to determine migratory pressure provided for in Article 51, and the Member Stateor concernedin doesthe notnotification acceptmade thepursuant adjustedto voluntaryArticle contributions,49a, it shall set out the solidarity contributions of the contributing Member States for the remaining needs inas ansubmitted implementingby act.them Thatand implementingthe actdistribution shallof besolidarity adoptedcontributions in accordance with the advisoryreference procedurekey referredfor tothe remaining needs in Articlean 67(1a).implementing act.

Change 56

RemovedArticle 53 – paragraph 2 – subparagraph 2: Where the type of contribution indicated by Member States in their solidarity response plans is that referred to in Article 45(1), point (d), the Commission shall assess whether the measures proposed are in proportion to the contributions that the Member States would have made by means of the measures referred to in Article 45(1), points (a), (b), (c) or (da) as a result of the application of the distribution key set out in Article 54.

AddedArticle 53 – paragraph 2: deleted / (deleted) / (deleted) / (deleted)

Change 57

ChangedArticle 53 – paragraph 2 –a subparagraph(new): 3:2a. WhereThe theimplementing measuresact proposedshall arebe notadopted in proportionaccordance towith the contributions thatadvisory theprocedure contributingreferred Memberto Statein wouldArticle have67(1a) madeno bylater meansthan ofwithin thetwo measuresweeks referredfrom tothe insubmission Articleof 45(1),the pointsnotification (a),pursuant (b)to orArticle (c),49 or (da), the Commissiondelegated shallact setreferred outto in theArticle implementing51 actto the measuresMember proposedState whileconcerned, adjustingthe theirEuropean level.Parliament and the Council.

Change 58

RemovedArticle 53 – paragraph 2 – subparagraph 4: deleted

AddedArticle 53 – paragraph 3 – subparagraph 1 – point a: (a) the total number of persons to be relocated from the requesting Member State pursuant to Article 45(1) and the share of each contributing Member State;

Change 59

ChangedArticle 53 – paragraph 3 – subparagraph 1 – introductory part: 3. The implementing act shallpoint takea intoa account(new): the(aa) capacity and needs of the benefitting Memberbuilding Statesmeasures in the areaaccordance ofwith asylumArticle identified55a(1) inand the report referred to in Article 51timeframe andfor setits out:implementation.

Change 60

ChangedArticle 53 – paragraph 3 – subparagraph 1 – point a: (a) the distribution of persons to be relocated from the requesting Member State pursuant to Article 45(1), points (a) orb: (c);deleted