What changed between the plenary report and the adopted text

Removed:Recital 1 c (new): (1 c) According to Article 78(1) TFEU, the Union's asylum policy is to be in accordance with the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees, and other relevant treaties. Those treaties are grounded in Article 14 of the 1948 Universal Declaration of Human Rights, which recognises the right of persons to seek asylum from persecution in other countries.

Added:(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2024/1350.)

Removed:Recital 1 d (new): (1d) The cohesion and effectiveness of the Common European Asylum System (CEAS) should be guaranteed. This will entail, in particular, enhancing the legal and safe avenues for entry into the Union for third-country nationals or stateless persons who are in need of international protection. Resettlement is a legal pathway which should offer the most vulnerable third-country nationals or stateless persons a durable solution and should be complemented by other legal pathways.

Removed:Recital 1 e (new): (1e) Resettlement is a tool for protection. Family reunification should be independent of resettlement targets and should be maintained as a key mechanism to ensure that Union citizens and third country nationals legally residing in the territory of the Member States enjoy their fundamental right to respect for family life. The resettlement procedure should not be used for family members who would otherwise have a right to join their family in a Member State in a timely manner in accordance with other legal acts of the Union or national law. In cases where Union or national law does not apply, it should be possible to use the resettlement procedures for the purposes of extended family reunification. Member States should adopt flexible family reunification policies, and ensure that family reunification programmes are developed outside of their resettlement quotas.

Removed:Recital 1 f (new): 1f) If one family member is being considered for resettlement (e.g. on protection grounds), Member States should seek to ensure, in line with the principle of family unity, that all of the person’s family members, including dependent non-nuclear family members, are resettled together. Member States should take a path of cultural sensitivity combined with a pragmatic approach as the best course of action in the process of determining the parameters of a given family. The nuclear family may be viewed as the core, but the element of dependency among family members, physical and financial, as well as psychological and emotional, should find its appropriate weight in the final determination. A culturally sensitive understanding of the family is important for those forced to flee due to persecution and civil conflict, as the extended relations may be the last line of defence for individuals who rely exclusively on the family unit for survival, psychological support, and emotional care.

Removed:Recital 1 g (new): (1g) The Union Resettlement Framework should support and encourage Member States in the implementation of permanent resettlement programmes, whether they are old or new, and in the gradual increase of their collective resettlement efforts and should support and facilitate the reception and integration of resettled persons.

Removed:Recital 1 h (new): (1h) The New York Declaration for Refugees and Migrants adopted by the UNGA on 19 September 20161a urges states to scale up resettlement efforts and envisages a comprehensive refugee response framework in which States aim to provide resettlement places and other legal pathways on a scale that would enable the annual resettlement needs identified by the Office of the United Nations High Commissioner for Refugees to be met. / 1a United Nations General Assembly Resolution A/RES/71/1.

Removed:Recital 1 i (new): (1 i) The concept of ‘danger to public health’ should be understood as disease with epidemic potential as defined by the International Health Regulations of the World Health Organisation.

Removed:Recital 4: deleted / (deleted)

Removed:Recital 5: deleted

Removed:Recital 8: (8) Building on the existing initiatives and in conformity with the existing international resettlement architecture, a stable and reliable Union Resettlement Framework should be established for the resettlement of persons in need of international protection to be implemented in accordance with Union resettlement plans and targeted Union resettlement schemes which effectively deliver on Member States' concrete commitments. The Union Resettlement Framework should be based on humanitarian needs, contribute to meeting the global resettlement needs and alleviate protracted refugee situations. The Union Resettlement Framework should conform to already existing structures for resettlement, in particular the Annual Tripartite Consultations on Resettlement (ATCR), with the aim of reaching at least 20% of UNHCR Annual Projected Global Resettlement Needs. In accordance with the principles of solidarity and fair sharing of responsibility among the Member States as laid down in Article 80 TFEU, efforts should be made over time to achieve a fair distribution of resettled persons among the Member States. Those efforts should be combined with efforts to establish international binding rules regarding the shared worldwide responsibility to resettle persons in need of resettlement as indicated by the UNHCR. / (In the context of “annual Union resettlement plan” it should be refered to “Union resettlement plan”withouth the word “annual”, This amendment applies throughout the text. Adopting it w…

Removed:Recital 9: (9) Such a framework, provided that it serves to enhance legal pathways for migration, is a necessary part of a well-managed migration policy and contributes to the smooth functioning of the CEAS which aims to support and expand existing national resettlement programmes, to support and help new resettlement efforts, to provide for the legal and safe arrival to the territory of the Member States of third-country nationals and stateless persons in need of international protection and to contribute to the provision of protection and durable solution for their needs. Such a framework that is coupled with development actions and policies might serve as an expression of solidarity with countries and regions to which a large number of persons in need of international protection has been displaced and can effectively contribute to decreasing tensions by helping to alleviate the pressure on those countries, specifically aiming at alleviating protracted refugee situations. Such a framework might also effectively contribute to global resettlement initiatives through speaking with one voice in international fora.

Removed:Recital 9 a: (9a) Persons displaced within their own countries should be granted leave to enter the territory of the Union under humanitarian admission programmes. Due account should therefore be taken of humanitarian admission as an adjunct to resettlement. Measures for internally displaced persons (IDPs) taken by Member States under national humanitarian admission programmes should therefore be eligible for funding from the Union budget. National humanitarian admission programmes that receive Union funding should be in addition to resettlement targets under this Regulation. Consideration should be given to the scope for introducing a common Union procedure, which is separate from resettlement, for the admission of persons displaced within their own countries. When allowing for the admission of IDPs, Member States should first and foremost respect their right to return to their places of origin and should, under no circumstance, resettle them as a means of achieving Union or national foreign policy objectives.

Removed:Recital 10: deleted / (deleted)

Removed:Recital 10 a (new): (10 a) In the context of the strategic use of resettlement, the Union should endeavour to establish from the outset close dialogue with the third countries from which persons are resettled, in particular those facing lasting crises characterised by the presence on their territory of long-term refugees. A dialogue of this kind should seek to maximise the benefits of resettlement from these countries by placing the emphasis on increasing their asylum capacities, integrating the refugees present on their territory and protecting those refugees against persecution and refoulement to third countries. The strategic use of resettlement should not be interpreted as migration control or used as a means to achieve the Union’s foreign policy objectives. The lack of strategic use of resettlement should not be used as a reason to exclude a country or region as a geographical priority. The same principle should be understood for complementarity with financial and technical assistance.

Removed:Recital 11: (11) In order to enhance and support the increased participation of Member States in the Union Resettlement Framework, common standard procedures and common eligibility criteria and ineligibility grounds for the selection should be laid down, as well as a common protection status to be granted to resettled persons.

Removed:Recital 12: (12) The common standard procedures should build on the existing resettlement experience and standards of the Member States and of the UNHCR. The Union Resettlement Framework should allow the use of two types of resettlement procedures.

Removed:Recital 13: (13) All types of procedures should consist of the following stages: identification, submission of cases, assessment, decision and registration.

Removed:Recital 15 a (new): (15 a) An emergency procedure should be established with the same level of security checks as under the ordinary procedure. However, in the emergency procedure, the submission of emergency resettlement cases from the UNHCR should be subject to an accelerated assessment of the requirements and eligibility criteria established under this Regulation. Emergency resettlement cases should not necessarily be linked to the geographical priorities as established under this Regulation. Emergency places should reflect around 10% of the target number. All Member States should be encouraged to offer emergency places.

Removed:Recital 16: (16) The resettlement procedure should be concluded as soon as possible in order to guarantee protection to and ensure access to the Union for persons in need of international protection. At the same time it should ensure that Member States have sufficient time for a full and adequate examination of each case. The time-limits should correspond to what is necessary to make the different types of assessment foreseen for the ordinary and emergency procedures. In both procedures, security checks should be carried out.

Removed:Recital 17: (17) Any personal data collected for the purpose of the resettlement procedure should be stored in Eurodac for a maximum period of five years from the date of resettlement. This storage period will ensure that the persons concerned enjoy the same rights as those afforded to asylum seekers and beneficiaries of international protection in the respect of the processing of their data. In the context of secondary movement, it will also make it possible to identify the Member State responsible for resettlement.

Removed:Recital 17 a (new): (17 a) Where a negative decision is taken, the person concerned should not be resettled in the Member State that has made the decision and any data stored should be erased. The reason for non-completion should be communicated in a reasoned opinion to the UNHCR, other Member States, the EUAA and other organisations that made the submission for follow-up as appropriate. Any Member State that has made a negative decision may require any second Member State examining the resettlement file to consult it during the examination.

Removed:Recital 19: deleted

Removed:Recital 20: deleted / (deleted)

Removed:Recital 20 a (new): (20 a) In order to supplement this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of establishing the Union resettlement plan fixing every two years the target number of persons to be resettled, the details of Member States’ participation in the plan and their contributions to the target number of persons to be resettled, as well as overall geographical priorities. In order to supplement this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of establishing targeted Union resettlement schemes laying down the precise number of persons to be resettled relative to the target number and the participation of the Member States, consistent with the Union Resettlement plan. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Removed:Recital 21: deleted

Removed:Recital 22: deleted

Removed:Recital 23: deleted / (deleted)

Removed:Recital 24: (24) Each targeted Union resettlement scheme should set out local cooperation arrangements where and as appropriate to facilitate its implementation, in particular with the UNHCR, the International Organisation for Migration (IOM), the European Union Agency for Asylum [EUAA] and other relevant organisations.

Removed:Recital 25: (25) Resettled persons should be granted international protection with a view to providing them with a durable solution. Accordingly, the provisions on the content of international protection contained in the asylum acquis should apply as of the moment when resettled persons arrive on the territory of the Member States.

Removed:Recital 25 a (new): (25a) The integration of resettled persons in their host society is important for a successful resettlement procedure, and, hence, for the effectiveness of the Union Resettlement Framework. Resettled persons should have the same access to integration measures as other beneficiaries of international protection in accordance with the [Qualification Regulation]. Member States may make the participation in such integration measures compulsory only if those integration measures are easily accessible, available and free of charge. Member States should also offer a pre-departure orientation programme to third-country nationals or stateless persons, which should include information about their rights and obligations, language classes, and information about the Member State’s social, cultural and political set up. These programmes may be provided after entry or may be included into integration programmes should Member States choose to have them and taking into account the particular vulnerabilities of the resettled person. Member States should also arrange post-arrival orientation programmes tailored to the needs of resettled persons in order to provide them with guidance concerning, in particular, the learning of the language of the host Member State, education, training and the labour market, taking account of their specific vulnerabilities. As far as possible, the bodies and persons concerned, such as local authorities and persons who have already been resettled, should be involved…

Removed:Recital 27: (27) Given the expertise of UNHCR in facilitating the different forms of admission of persons in need of international protection from third countries, to which they have been displaced, to Member States willing to admit them, UNHCR should be primarily responsible for referring persons eligible for resettlement conducted under the Union Resettlement Framework. In addition to UNHCR, other international actors such as the International Organisation for Migration (IOM) should be called upon to assist Member States in the implementation of the Union Resettlement Framework.

Removed:Recital 28: (28) Member States should be given support to help them honour their commitments and thus ensure the smooth functioning of the Union Resettlement Framework. [The European Union Agency for Asylum] should provide the Member States with that support, at their request and in accordance with its mandate. The EUAA should also coordinate the exchanges of good practices among Member States, as regards the implementation of this Regulation.

Removed:Recital 28 a (new): (28a) Given that this Regulation seeks to introduce common resettlement procedures, Member States should be encouraged to cooperate with one another and, if they see fit, implement jointly some stages in the procedure. This cooperation may, for example, take the form of the pooling of infrastructure and the deployment of joint selection missions. At Member States request, the EUAA should be able to provide support to Member States planning to engage in cooperation of this kind.

Removed:Recital 29: (29) A High-Level Resettlement Committee should be established to allow for broad consultations with all stakeholders on the implementation of the Union Resettlement Framework. This Committee should align its work with that of international resettlement structures, particularly the Annual Tripartite Consultations on Resettlement and UNHCR's Annual Projected Global Resettlement Needs. The High-Level Resettlement Committee should draw up recommendations to serve as main components when drafting the Union resettlement plan and the different targeted Union resettlement schemes. The Commission should build upon the recommendations of the High-Level Resettlement Committee when preparing the Union resettlement plan every two years.

Removed:Recital 31: (31) This Regulation does not affect the ability of the Member States to adopt or implement national resettlement schemes, for example where they contribute an additional number of resettlement places going beyond their contribution to the target number of persons to be resettled under the Union resettlement plan and does not affect the obligations of the Member States relating to the target number of persons. Where Member States offer resettlement places under national resettlement programmes, they should continue to receive funding from the Union budget.

Removed:Article 1 – paragraph 1: This Regulation establishes a Union Resettlement Framework for the admission of third-country nationals and stateless persons to the territory of the Member States with a view to granting them international protection and providing them with a durable solution.

Removed:Article 2 – paragraph 1: For the purposes of this Regulation 'resettlement' means the selection, upon referral from UNHCR or Member States, admission, transfer and protection of third-country nationals and stateless persons in need of international protection from a third country to which they have been displaced to a Member State with a view to granting them international protection and providing them with a durable solution.

Removed:Article 3 – paragraph 3 – point a: (a) guarantee the legal and safe transfer and arrival of third-country nationals and stateless persons who are among the most vulnerable persons in need of international protection to the territory of the Member States with a view to providing them with a durable solution;

Removed:Article 3 – paragraph 3 – point b: (b) encourage all Member States to gradually increase their resettlement efforts and the overall number of available resettlement places, as well as support and facilitate the reception and integration of resettled persons and thus contribute to the reduction of the need for third country nationals and stateless persons in need of international protection to travel irregularly to the territory of the Member States.

Removed:Article 3 – paragraph 3 – point c: (c) contribute to international resettlement initiatives, including through the strategic use of resettlement, particularly in protracted refugee situations, thus also helping third countries in which people first seek international protection.

Removed:Article 4 – paragraph 1 – introductory part: In determining the regions or third countries from which resettlement shall occur within the Union Resettlement Framework, in accordance with the delegated acts referred to in Articles 7 and 8, the following factors shall be taken into consideration:

Removed:Article 4 – paragraph 1 – point a: (a) the number of vulnerable persons in need of international protection as specified in the annual UNHCR Projected Global Resettlement Needs report ;

Removed:Article 4 – paragraph 1 – point a a (new): (a a) third countries and regions hosting protracted refugee situations.

Removed:Article 4 – paragraph 1 – point b: (b) the scope for strategic use of resettlement with a view to collectively providing solutions and improving the protection environment in third countries, and with a view to its complementarity with financial and technical assistance for improving the capacity of reception and protection conditions provided to third countries to which persons in need of international protection have been displaced;

Removed:Article 4 – paragraph 1 – point c: deleted

Removed:Article 4 – paragraph 1 – point d: deleted / (deleted) / (deleted) / (deleted) / (deleted)

Removed:Article 4 – paragraph 1 – point e: deleted

Removed:Article 5: Only the following third-country nationals or stateless persons shall be eligible for targeted Union resettlement schemes established in accordance with Article 8: / (a) (i) third-country nationals, who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, gender, sexual orientation, gender identity, disability, political opinion or membership of a particular social group, are outside the country of nationality and are unable or, owing to such fear, are unwilling to avail themselves of the protection of that country, or stateless persons, who, being outside of the country of former habitual residence for the same reasons as mentioned above, are unable or, owing to such fear, unwilling to return to or stay in it, or, failing that, / (ii) third-country nationals, who are outside the country of nationality or stateless persons, who are outside of the country of former habitual residence and in respect of whom substantial grounds have been shown for believing that they, if returned to their country of origin or former habitual residence, would face a risk of suffering serious harm, and are unable, or, owing to such risk, are unwilling to avail themselves of the protection of that country; / and who further fall within at least one of the following categories of vulnerable persons: / (deleted) / – survivors of violence and/or torture, including on the basis of gender or sexual orientation; / – persons with legal and/or physical protection ne…

Removed:(Amended point (b) becomes subparagraph 2 of point (a), amended point (c) becomes point (b), amended point (ii) of point (b) becomes point (c))

Removed:Article 6 – title: Grounds for ineligibility

Removed:Article 6 – paragraph 1 – introductory part: 1. The following third-country nationals or stateless persons shall be ineligible for targeted Union resettlement schemes established in accordance with Article 8:

Removed:Article 6 – paragraph 1 – point a – introductory part: (a) persons for whom there are serious grounds for considering that:

Removed:Article 6 – paragraph 1 – point a – point ii: (ii) they have committed a serious non-political crime;

Removed:Article 6 – paragraph 1 – point b: (b) persons for whom there are serious grounds for considering that they are a danger to the public or national security or, public health, of the Member State examining the resettlement file;

Removed:Article 6 – paragraph 1 – point c: deleted

Removed:Article 6 – paragraph 1 – point d: deleted

Removed:Article 6 – paragraph 1 – point e: (e) persons who have already been resettled by a Member State

Removed:Article 6 – paragraph 1 – point f: deleted

Removed:Article 6 – paragraph 2: deleted

Removed:Article 7 – title: Two-yearly Union resettlement plan

Removed:Article 7 – paragraph 1: 1. The Commission is empowered to adopt delegated acts every two years, in accordance with Article 14, to supplement this Regulation, in order to establish a Union resettlement plan, in accordance with the following paragraphs.

Removed:Article 7 – paragraph 1 a (new): 1a. The Union resettlement plan shall take full account of the recommendations of the High-Level Resettlement Committee, and shall be based on the annual UNHCR Projected Global Resettlement Needs report.

Removed:Article 7 – paragraph 3 – introductory part: 2. The Union resettlement plan shall include:

Removed:Article 7 – paragraph 2 – point a: (a) a target number of persons to be resettled that should reflect at a minimum 20% of the Annual Projected Global Resettlement Needs;

Removed:Article 7 – paragraph 2 – point b: (b) details about the participation of the Member States in the Union resettlement plan and their contributions to the target number of persons to be resettled;

Removed:Article 7 – paragraph 2 – point c: (c) overall geographical priorities based on the annual UNHCR Projected Global Resettlement Needs report .

Removed:Article 7 – paragraph 2 – point c a (new): (c a) an unallocated emergency quota, of persons to be resettled, as provided for in Article 11a, corresponding to around 10% of the target number referred to in point (a), to take into account urgent and emergency cases irrespective of the geographical priorities referred to in point (c).

Removed:Article 8 – paragraph 1: 1. The Commission is empowered to adopt delegated acts in accordance with Article 14, to supplement this Regulation, in order to establish targeted Union resettlement schemes consistent with the Union resettlement plan, adopted pursuant to Article 7 .

Removed:Article 8 – paragraph 2 – point b: (b) the precise number of persons to be resettled from the target number as set out in the Union resettlement plan provided for in point (a) of Article 7(2) and details about the participation of the Member States in the targeted Union resettlement scheme;

Removed:Article 8 – paragraph 2 – point c: (c) the specification of the regions or third countries from which resettlement is to occur in accordance with point (c) of Article 7(3) and as referred to in Article 4 and, where appropriate, the priorities and measures anticipated by the Union in relation to those regions or third countries in the context of strategic use of resettlement;

Removed:Article 8 – paragraph 2 – point d: (d) local coordination and practical cooperation arrangements among Member States, supported by the UNHCR and, at the request of Member States, the [European Union Agency for Asylum] in accordance with Article 12(3), and with third countries, and UNHCR or other partners;

Removed:Article 8 – paragraph 2 – point e: (e) a description of the specific group or groups of third-country nationals or stateless persons, based on the annual UNHCR Projected Global Resettlement Needs report and guided by resettlement submission categories as set out in point (a) of Article 5, to whom the targeted Union resettlement scheme shall apply;

Removed:Article 8 – paragraph 2 – point f: deleted

Removed:Article 8 – paragraph 2 a (new): 2a. Where the combined voluntary participation of all Member States does not add up to 75% of the target number of persons to be resettled in accordance with point (a) of Article 7.3 at the end of the two years period of the Union resettlement plan the targeted Union resettlement schemes shall set the precise number of persons that each Member State shall resettle with the goal of reaching at least that percentage from the target number . The distribution of the total number of persons to be resettled among the Member States shall be based on the reference key pursuant to Regulation (EU) No XXX/XXX [Dublin Regulation]. / With the establishment of the total number to be resettled per Member State, the amount already resettled to that Member State shall be taken into account.

Removed:Article 9 – paragraph 1: Resettlement under this Regulation shall apply to third-country nationals or stateless persons who have given their consent to be resettled and have not subsequently withdrawn their consent, including refusing resettlement to a particular Member State. Third-country nationals or stateless persons shall be duly informed by the Member State of the rights and obligations arising from resettlement and the possible consequences of any withdrawal of consent or refusal to be resettled.

Removed:Article 10 – paragraph 1 – introductory part: 1. When implementing a targeted Union resettlement scheme, Member States shall, for the selection, primarily rely on identification and submission of cases by the UNHCR. Other actors for identification may be Member States or relevant organisations.

Removed:Article 10 – paragraph 1 a (new): 1 a. Member States shall assess whether those third-country nationals or stateless persons fall within the scope of a targeted Union resettlement scheme

Removed:Article 10 – paragraph 1 – subparagraph 2: deleted / (deleted) / (deleted) / (deleted)

Removed:Article 10 – paragraph 2: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Removed:Article 10 – paragraph 2 a (new): 2 a. After identifying third-country nationals or stateless persons, Member States shall perform appropriate security checks against relevant Union and national databases, including the Schengen Information System:

Removed:Article 10 – paragraph 3: Member States shall assess whether the third-country nationals or the stateless persons meet the eligibility criteria set out in Article 5 and whether they are not excluded in accordance with Article 6(1).

Removed:Article 10 – paragraph 3 – subparagraph 2: Member States shall make that assessment in particular on the basis of documentary evidence, including, where applicable, information from UNHCR on whether the third-country nationals or the stateless persons qualify as refugees and on the basis of a personal interview.

Removed:Article 10 – paragraph 3 a (new): 3 a. For the purpose of implementing the ordinary procedure, Member States may request that UNHCR, or where applicable, [the EUAA] or relevant international organisations to fully and transparently assess: / (a) whether they fall within the scope of the targeted Union resettlement scheme; and / (b) whether they fall under one of the resettlement submission categories as set out in point (a) of Article 5 and the reasoning behind the assessment. / Member States may also request that UNHCR fully assess whether third-country nationals or stateless persons referred to them by the UNHCR qualify as refugees within the meaning of Article 1 of the 1951 Geneva Convention.

Removed:Article 10 – paragraph 4: 4. Member States shall take a decision on the resettlement of third-country nationals or stateless persons on the basis of the assessment referred to in paragraph 3 as soon as possible and not later than six months from their registration. Member States may extend that time-limit by a period of not more than three months, where complex issues of fact or law are involved. If, after the time limits referred to in this paragraph have elapsed, the Member State has not communicated any decision and has also not supplied any justification, a resettlement procedure may be initiated by another Member State in relation to the third-country national or stateless person concerned.

Removed:Article 10 – paragraph 4 a (new): 4a. After having taken a decision, Member States shall inform the third-country nationals or stateless persons, of their rights and obligations, particularly the right to refuse resettlement and the possible implications of such a refusal, the rights and obligations arising from refugee status or subsidiary protection, particularly as regards secondary movements and the requirement to register personal particulars in Eurodac. / This information shall be supplied in writing and, if necessary, orally, in a language that the person can understand and shall be adapted to the needs of minors or persons with specific needs.

Removed:Article 10 – paragraph 5 – subparagraph 1: 5. Upon arrival on its territory, each Member States shall register, where available, information on the resettled person in accordance with Regulation (EU) No XXX/XXX [Eurodac Regulation]. Member States shall store the data referred to in [Eurodac Regulation] for five years from the date of resettlement.

Removed:Article 10 – paragraph 5 – subparagraph 2: Upon expiry of that period, Member States shall erase the data. Member States shall erase data relating to a person who has acquired citizenship of any Member State before the expiry of that period.

Removed:Article 10 – paragraph 6: 6. Where a negative decision is taken, no resettlement of the person concerned shall occur to the Member State that has made the decision. The reason for non-completion shall be communicated in a reasoned opinion to the UNHCR, other Member States, the EUAA and other organisations that made the submission for follow-up as appropriate. Any Member State that has made a negative decision may require any second Member State examining the resettlement file to consult it during the examination.

Removed:Article 10 – paragraph 7 – point a: (a) grant refugee status where the third-country national or the stateless person concerned qualifies as a refugee or subsidiary protection status where the third-country national or the stateless person concerned is eligible for subsidiary protection. The Member State shall notify the third-country national or the stateless person concerned of that decision and inform him or her of the rights that such a status confers. The decision to grant refugee status or subsidiary protection status shall have the same effect as a decision to grant refugee status or to grant subsidiary protection status referred to in Regulation (EU) No XXX/XXX [Qualification Regulation], once the person concerned has entered the territory of a Member State; Member States may issue residence permits of permanent or unlimited validity on terms that are more favourable as referred in Article 13 of Council Directive 2003/109/EC1a. / 1a Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents, OJ L 16, 23.1.2004, p. 44–53.

Removed:Article 10 – paragraph 7 – point b: (b) offer to make travel arrangements, including fit-to-travel medical checks or, where possible, medical examinations, and provide transfer to their territory free of charge, and that offer shall include, where necessary, the facilitation of exit procedures in the third country from where the third-country national or the stateless person is admitted. When organising the travel, Member States shall take account of any needs that the persons concerned have in view of their vulnerability;

Removed:Article 10 – paragraph 7 – point c: (c) offer a pre-departure orientation programme to third-country nationals or stateless persons, which shall include information about their rights and obligations, language classes, and information about the Member State's social, cultural and political set-up. These programmes may be provided after entry or may be included into integration programmes should Member States choose to have them, provided that they will be accessible and for free, and taking into account the particular vulnerabilities of the resettled person..

Removed:Article 10 – paragraph 7 – point c a (new): (ca) arrange transfer as soon as possible;

Removed:Article 10 – paragraph 8: deleted / (deleted) / (deleted) / (deleted) / (deleted)

Removed:Article 10 – paragraph 9: deleted

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

Removed:Article 11 a (new): Article 11 a / Emergency procedure / Where the Commission delegated act adopting a Union resettlement plan provides for an emergency procedure, not linked to particular regions or population, for cases where immediacy of the security risks to certain persons or the severity of their medical condition necessitates their prompt removal from the threatening conditions within a very short time, by way of derogation from Article 10, Member States shall: / (1) commit to establish a fast-track procedure for urgent and emergency cases, if such a procedure is not already in existence; / (2) specify a specific number of places not necessarily linked to particular regions or populations that can benefit from this procedure; / (3) receive submissions of urgent or emergency resettlement cases from UNHCR and for whom immediacy of the security risks or the severity of the medical condition necessitates their removal from the threatening conditions within a very short time; / (4) expedite adjudication whether the third country nationals or the stateless persons meet the requirements and eligibility criteria established in this framework under Article 5, and; / (5) aspire to take a decision within two weeks from submission of a case and ensure the immediate transfer of the third country national or stateless person.

Removed:Article 12 – paragraph 1: 1. To facilitate the implementation of the targeted Union resettlement schemes, Member States shall appoint national contact points and may decide to appoint liaison officers in third countries. Member States may be assisted by [the EUAA], and, where appropriate, use existing structures for operational cooperation on resettlement.

Removed:Article 12 – paragraph 2: deleted

Removed:Article 12 – paragraph 3: 3. To implement targeted Union resettlement schemes, and in particular to conduct pre-departure orientation programmes, fit-to-travel medical checks, travel arrangements and other practical arrangements, Member States may be assisted by the International Organisation for Migration (IOM), and other partners in accordance with local coordination and practical cooperation arrangements for targeted Union resettlement schemes established in accordance with point (d) of Article 8(2).

Removed:Article 12 a (new): Article 12a / Role of the European Union Agency for Asylum / 1. The role of the EUAA for Asylum is to support Member States in their resettlement efforts and capacity. At the request of the Member States, the EUAA shall support them when they implement the Union Resettlement Framework. / The support may comprise, assistance to the Member States in connection with: / (a) their tasks of assessment, particularly with a view to enabling Member States to comply with the time limits stipulated for resettlement, / (b) training of personnel specialising in resettlement, / (c) information provided to third-country nationals or stateless persons and the pre-departure training given to them under Article 10, / (d) cooperation between them when they decide to carry out stages of the resettlement procedure jointly. The EUAA may, inter alia, provide support in connection with the pooling of infrastructure and the deployment of joint selection missions. / 2. The EUAA shall coordinate an exchange of good practices between Member States for the purpose of the implementation of this Regulation and the integration of resettled persons in their host society. / 3. The EUAA shall gather data regarding the number of resettlements, the respect of Member States for their commitments and the reasons for the non-completion of procedures. / 4. The EUAA shall take part in the annual tripartite consultations on resettlement and communicate the work done there to the High-Level Resettlement Committee.

Removed:Article 13 – paragraph 1: 1. A High-Level Resettlement Committee shall be established, composed of Members of the European Parliament, the Council, the Commission, the High Representatives of the Union for Foreign Affairs and Security Policy, and the Member States, [The European Union Agency for Asylum], UNHCR, and IOM and other relevant civil society organisations. Representatives of Iceland, Liechtenstein, Norway, and Switzerland shall be invited to attend the meetings of the High-Level Resettlement Committee where they have indicated their intention to be associated with the implementation of the Union resettlement plan.

Removed:Article 13 – paragraph 1 a (new): 1a. The main task of the High-Level Resettlement Committee shall, following the Annual Tripartite Consultations on Resettlement (ATCR) where the High-Level Resettlement Committee will participate, and the annual UNHCR Projected Global Resettlement Needs report, to outline the main components of the Union resettlement plan as well as the different targeted Union resettlement schemes, in particular making recommendations on the number of persons to be resettled, the equitable distribution of those persons among the Member States, the third countries from which resettlements should be undertaken, and the opportunities for strategic use of resettlement. The recommendations of the High-Level Resettlement Committee shall be published

Removed:Article 13 – paragraph 2: 2. The High-Level Resettlement Committee shall be chaired by the Commission. It shall meet whenever necessary at the invitation of the Commission or at a request of a Member State or the European Parliament and shall meet at least once a year.

Removed:Article 13 – paragraph 3: 3. The Commission and the Council shall take full account of the recommendations of the High-Level Resettlement Committee on issues related to the implementation of the Union Resettlement Framework, particularly in drafting the Union resettlement plan and the Union resettlement targeted schemes.

Removed:Article 14 – paragraph 2: 2. The power to adopt delegated acts referred to in Articles 7 and 8 shall be conferred on the Commission for a period of 4 years from ... [date of entry into force of this 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 4th-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.

Removed:Article 14 – paragraph 3: 3. The delegation of power referred to in Articles 7 and 8 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.

Removed:Article 14 – paragraph 6: 6. A delegated act adopted pursuant to Articles 7 and 8 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Removed:Article 15: deleted / (deleted) / (deleted) / (deleted)

Removed:Regulation (EU) No 516/2014

Removed:Article 17 – paragraph 1 – point -1 (new), Recital 46: (-1) Recital 46 shall be amended as follows: / ‘It is important for enhanced solidarity that the Fund provides, in coordination and in synergy with the humanitarian assistance managed by the Commission where appropriate, additional support to address emergency situations of heavy migratory pressure in Member States or third countries, or in the event of mass influx of displaced persons, pursuant to Council Directive 2001/55/EC1, through emergency assistance. Emergency assistance should also include support to ad hoc humanitarian admission programmes aimed at allowing temporary stay on the territory of a Member State in the event of an urgent humanitarian crisis in third countries. However, such other humanitarian admission programmes are without prejudice to, and should not undermine, the Union's resettlement scheme that explicitly aims as from the start to provide a durable solution to persons in need of international protection transferred to the Union from third countries.’

Removed:Regulation (EU) No 516/2014

Removed:Article 17 – paragraph 1 – point 2 – point a, Article 2 – point a: (a) 'resettlement' means the selection, upon referral from UNHCR or Member States, admission, transfer and protection of third-country nationals and stateless persons in need of international protection from a third-country to which they have been displaced to a Member State with a view to granting them international protection and providing them with a durable solution;

Removed:Regulation (EU) No 516/2014

Removed:Article 17 – paragraph 1 – point 2 – point b, Article 2 – point ab: (ab) 'targeted Union resettlement scheme' means a targeted Union resettlement scheme established in accordance with Article 8 of [Regulation (EU) No XXX/XXX (Resettlement Framework Regulation)].

Removed:Regulation (EU) No 516/20145

Removed:Article 17 – paragraph 1 – point 3, Article 17 – title: Resources for the Union Resettlement Framework and for national resettlement and humanitarian admission plans

Removed:Regulation (EU) No 516/2014

Removed:Article 17 – paragraph 1 – point 3, Article 17 – paragraph 1: 1. Member States shall, in addition to their allocation calculated in accordance with point (a) of Article 15(1), receive every two years an additional amount as set out in point (b) of Article 15(2) based on a lump sum of EUR 6 000 for each resettled person or admitted under a national humanitarian admission programme. The lump sum shall be increased to EUR 10,000 for each person resettled in accordance with [Regulatin (EU) No XXX/XXX (Resettlement Framework Regulation)].

Removed:Regulation (EU) No 516/2014

Removed:Article 17 – paragraph 1 – point 3, Article 17 – paragraph 2: 2. The amounts referred to in paragraph 1 shall be allocated to the Member States in the individual financing decisions approving their revised national programme in accordance with the procedure laid down in Article 14 of Regulation (EU) 514/2014.

Removed:Article 18 – paragraph 1: 1. No later than four years after the entry into force of this Regulation, the Commission shall report to the European Parliament and the Council on the application of this Regulation in the Member States.

Removed:Article 18 – paragraph 1 a (new): 1a. In the report, the Commission shall consider the possibility of using the Union budget to support private sponsorship initiatives.

Removed:Article 18 – paragraph 2: 2. Member States shall provide the Commission and [the European Union Agency for Asylum] with the necessary information for drawing up its report for the purpose of paragraph 1 in addition to the information provided to [the European Union Agency for Asylum] on the number of third-country nationals and stateless persons effectively resettled as laid down in Article 22(3) of [Regulation (EU) No XXX/XXX (Dublin Regulation)].

Removed:Article 18 – paragraph 3: 3. The European Parliament and the Council shall, on the basis of the proposal of the Commission, taking into account the report referred to in paragraph 1, review this Regulation by ... [18 months] after the submission of the Commission report on the application of this Regulation.

Removed:Every day 34,000 men, women and children are forced to leave their homes due to conflict, persecution, violence and human rights violations. This figure has risen steadily year on year, resulting in more than 65 million people fleeing for their lives, split two to one between internally displaced people and refugees. An estimated 12.4 million people were displaced in 2015 alone. With ever-rising numbers and no pauses in the conflicts and violence responsible, there is an urgent need for more effective, permanent solutions on a global scale.

Removed:The Geneva Convention: An international law instrument in the aftermath of 2nd WW

Removed:Following the Second World War, many countries realised that there was a deep need to promote and further establish international law instruments. One of the objectives was to create an international instrument that would ensure that people in need of protection would be granted refuge. In the Geneva Convention of 28 July 1951 Relating to the Status of Refugees, the international community has laid down binding rules of international humanitarian law that delineate who, in what circumstances, is to be treated as a refugee and how they are to be cared for. All EU Member States are signatories to that Convention. Although the European Union as such is not a signatory to the Convention, Article 63(1) EC expressly provides that the common policy on asylum must be adopted in accordance with the 1951 Convention and the 1967 Protocol.

Removed:United Nations High Commission for Refugees (UNHCR) was created in 1950, during the aftermath of the Second World War, to help millions of people who had fled or lost their homes. UNHCR serves as the ‘guardian’ of the 1951 Convention and its 1967 Protocol. The UNHCR is a central worldwide actor providing support to countries hosting refugees and assisting States in their policy responses. In order for the European Union to reinforce its work on refugee protection and resettlement, it is critical to build upon the work of UNHCR.

Removed:Resettlement: one safe and legal pathway for international protection

Removed:The Common European Asylum System, currently under revision, addresses different elements such as increased responsibility sharing for welcoming refugees, reception conditions, common procedures and rules for qualification. However, there is a gap when it comes to addressing the need for safe and legal arrivals to the EU.

Removed:Increased and more effective safe and legal routes into the EU have been called for in numerous European Parliament resolutions over the years, as well as by the European Commission, the Council of Europe’s Commissioner for Human Rights, the UN High Commissioner for Refugees, the UN Special Rapporteur on the human rights of migrants, the UN High Commissioner for Human Rights, and many civil society actors. A UN Summit on refugees and migrants, and a refugee summit convened by President Obama in September 2016, also called for safe and legal pathways, including resettlement.

Removed:While resettlement shares some similarities with migration pathways, it is a distinct pathway. Resettlement must therefore be recognised as complementary to, and not a replacement of, other legal routes to international protection, including humanitarian visas, extended family reunification, and humanitarian admission programmes.

Removed:UNHCR is mandated by its Statute and the UN General Assembly Resolutions to undertake resettlement as one out of three durable solutions. The official definition of “resettlement” in the UNHCR Resettlement Handbook is as follows:

Removed:Resettlement involves the selection and transfer of refugees from a State in which they have sought protection to a third State which has agreed to admit them – as refugees – with permanent residence status. The status provided ensures protection against refoulement and provides a resettled refugee and his/her family or dependants with access to rights similar to those enjoyed by nationals. Resettlement also carries with it the opportunity to eventually become a naturalized citizen of the resettlement country.

Removed:Resettlement is, by design, a tool to provide protection and a durable solution to refugees. It is with this background that the UN High Commissioner for Refugees, the International Organisation for Migration, the European Council on Refugees and Exiles, the International Rescue Committee, Caritas, the Red Cross, Amnesty International and many more stakeholders, mean that linking resettlement with third countries cooperation in migration matters is not a sustainable choice. It moves away from resettlement as a protection tool for the most vulnerable refugees. Resettlement must continue to be based on the needs of the most vulnerable refugees. It is worth noting that UNHCR already views resettlement as the last alternative, meaning that when they assess a case other durable solutions have already been reviewed. Determining geographical priorities based on third countries cooperation in the area of migration and leveraging resettlement to reach foreign policy objectives would therefore de facto jeopardize a humanitarian, needs-based and international protection approach. Similarly, it is essential that the Union framework align with UNHCR when it comes to eligibility criteria used in resettlement programmes.

Removed:A Union Framework that complements international structures for resettlement

Removed:In order to ensure that the EU framework reinforces global resettlement efforts, as well as upholds international law, resettlement must be underpinned by protection considerations for the persons concerned. A European Union Resettlement Framework should be based on humanitarian needs, contribute to global resettlement needs and alleviate protracted refugee situations. For this reason, the Framework must be aligned with already existing international resettlement structures in order to be complementary to existing efforts, to be able to further increase EU member states participation in resettlement, and most importantly, to actually function on the ground. This will be ensured in the following ways:

Removed:o The role of UNHCR as the main institution that refers resettlement cases to Member States is reiterated (Article 10). This does not mean that Member States or other relevant organisations cannot do referrals; it is only stating how resettlement already works on the ground. However, it puts in place safeguards and it avoids duplication of procedures or structures.

Removed:o Geographical priorities (Article 4 and 7) should be based on the Global Projected Resettlement Needs publication that UNHCR releases every year. This is where we can find the most thorough assessment of where the needs for resettlement are most urgent in the world, and it should clearly guide the Union Resettlement Framework.

Removed:o The role of the High-Level Resettlement Committee should be more clearly aligned with existing structures. Following the Annual Tripartite Consultations on Resettlement (ATRC) the High-Level Resettlement Committee shall meet to outline the main components of the resettlement plan as well as the different resettlement schemes. The membership of the high-level resettlement committee has been broadened in order to ensure more transparency and quality.

Removed:A Union Framework that increases numbers

Removed:Europe has 23.8% of the world's GDP (OECD data, 2014), yet EU Member States host only around 8% of the world's refugees. This places a disproportionate burden on developing countries, which host the vast majority. 22 European countries resettled 13,040 persons in 2015 (9,629 to 17 EU Member States), with Europe contributing, on average, approximately 10 per cent to global resettlement intakes over the past five years. By contrast, that same year, the U.S. resettled 69,933 refugees.

Removed:EU Member States have displayed an unwillingness to create adequate legal and safe pathways of entry into the region. As a result, people on the move continue to be left with no other option but to turn to smugglers and embark on dangerous irregular journeys. If we want to reduce the need for dangerous journeys, reduce loss of lives and reliance on smuggling networks, this will only become a reality when the number of places offered is credible and meaningful. The Union Resettlement Framework should target to resettle at a minimum 25% of the Annual Projected Global Resettlement Needs. In 2017 this would mean approximately 250,000 people.

Removed:A Union Framework that supports national programmes

Removed:The EU Member States that have running and successful resettlement programmes should be encouraged to continue and to expand, share their experience and pool resources. The EU Member States that are just starting their first resettlement programmes should be given all support necessary for their first experience to be rewarding and positive. The EU Member States that have little or no experience of resettlement need to find a robust structure that can help them get started, which includes an exchange of best practices with other Member States, and operational and technical support including from [The European Union Asylum Agency]. If the Union Resettlement Framework enforces common procedures, eligibility criteria or exclusion grounds also on national programmes, it runs the risk of discouraging national efforts in the field of resettlement.

Removed:At the same time it is clear we need to build incentive for Member States to participate in the Union Resettlement Framework. As a balance between these two objectives, it is suggested that Member States keep the EUR 6,000 per resettled person that they receive from AMIF, and keep the raised number of EUR 10,000 per resettled person when Member States choose to resettle under the Union Framework.

Removed:A Union Framework that provides a durable solution

Removed:The basis of resettlement as a durable solution is that receiving States are expected to provide resettled persons with permanent residence. A one-year or three years residence cannot be seen as a durable solution by anyone. Therefore, it is vital that Member States are able to issue residence permits that are more favourable than those suggested in [the Qualification Regulation]. On this point, it is suggested that Member States may issue residence permits of permanent or unlimited validity on terms that are more favourable as referred to in Article 13 of Council Directive 2003/109/EC, as amended by Directive 2011/51/EU [the Long Term Residence Directive].

Removed:A Common European Asylum System must have several safe and legal pathways

Removed:Our common asylum system cannot continue to exclusively focus on making it as hard as possible for people fleeing to reach the territory of the European Union. Safe and legal pathways, together with good reception and integration structures, is absolutely vital for a functioning European asylum system. The right to asylum and international law must be respected. It is not a choice that Member States can opt-out of. A robust Union Resettlement Framework that ensures added quality and quantity to already existing European resettlement efforts is one fundamental part of such a system – but must be coupled with other legal pathways as well. The European Union must step up our common efforts and prove that our continent and our Union can take our fair share of the global responsibility.

Removed:1.6.2017