What changed between the draft committee report and the plenary report

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

Changed:Recital 1 gh (new): (1 g)(1h) The New York Declaration for Refugees and Migrants1aMigrants adopted by the UNGA on 19 September 20161a urges states to scale up resettlement efforts and envisages a comprehensive refugee response framework in which "StatesStates 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."met. / 1a http://www.un.org/ga/search/view_doc.asp?symbol=A/71/L.1United Nations General Assembly Resolution A/RES/71/1.

Added: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:The EU - Turkey Statement and the 1:1 scheme has been widely criticised and questioned by Human Rights actors. The statement has left tens of thousands of refugees in limbo in Greece in appalling conditions. Therefore, the rapporteur finds the reference to the EU - Turkey Statement inappropriate in a forward looking Resettlement Framework that aims to place EU on the international scene as an important actor.

Removed:As outlined by Amnesty and other human rights groups, the return of refugees from Greece to Turkey under the EU - Turkey Statement and its 1:1 scheme is undermining international law. Turkey is not seen as a safe country, nor as a country with a functioning asylum system. To uphold this procedure in the Framework of a solid resettlement scheme that is built on international asylum law is therefore inappropriate.

Added: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 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 and are aligned with the Annual Projected Global Resettlement Needs as set out by UNHCR and presented at the Annual Tripartite Consultations on Resettlement (ATCR).

Added: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:Several stakeholders such as UNHCR, IOM, ECRE, IRC, Caritas, Red Cross, Amnesty International and many more have voiced their concerns about linking resettlement with third countries cooperation in asylum and migration matters as this moves away from resettlement as a protection tool to provide assistance to the most vulnerable refugees. The rapporteur strongly believes that the humanitarian essence of resettlement must be safeguarded, and that resettlement must continue to be based on the needs of the most vulnerable refugees. Determining geographical priorities based on third countries cooperation in the area of migration and leveraging resettlement to reach foreign policy objectives would de facto jeopardize a humanitarian, needs-based and international protection approach.

Added: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.

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

Removed:Although it is important to create incentives for MS to participate in the Union Framework, it is also important that this Framework does not discourage potential national efforts by enforcing common procedures, eligibility criteria or exclusion grounds on national programmes. Participation in the Union Resettlement Framework will be increased gradually by the added value that the programme will provide, and by the pooling of expertise and resources. Furthermore, the basis of resettlement as a durable solution is that states are expected to provide resettled persons with permanent residence. Therefore, it is vital that MS are able to issue residence permits that are more favourable than those suggested in Regulation (EU) No XXX/XXX [Qualification Regulation].

Added: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 12: (12) The common standard procedures should build on the existing resettlement experience and standards of the Member States and UNHCR. The Union Resettlement Framework should allow the use of an ordinary procedure, an expedited procedure and an emergency procedure.

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

Changed:Recital 15:16: (15)(16) AnThe expeditedresettlement procedure should be establishedconcluded withas thesoon sameas levelpossible ofin securityorder checksto asguarantee inprotection to and ensure access to the ordinaryUnion procedure.for However,persons in need of international protection. At the expeditedsame procedure,time it should beensure possiblethat toMember limitStates thehave assessmentsufficient oftime thefor internationala protectionfull needsand adequate examination of third-countryeach nationalscase. orThe statelesstime-limits personsshould correspond to anwhat assessmentis necessary to make the different types of theirassessment eligibilityforeseen for subsidiarythe protectionordinary withoutand assessingemergency theirprocedures. qualificationIn forboth refugeeprocedures, status.security checks should be carried out.

Removed:Recital 15 a (new): (15 a) An emergency procedure should be established with the same level of security checks as in the ordinary procedure. However, in the emergency procedure, submission of urgent or emergency resettlement cases from UNHCR should be subject to an accelerated assessment of the requirements and eligibility criteria established under Article 5.

Added: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:Introducing a specific emergency quota and procedure within the Union resettlement plan would serve to respond to emergency and urgent cases globally, for which there is currently a significant shortfall of places available.

Added: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:It is not clear what could be the objective of this paragraph and why it would be necessary to include here.

Removed:It is not clear what could be the objective and scope of these delegated acts, specifically concerning the assessment and decision taking of a resettlement case, and why they could not be better reached by other means. The ordinary procedure provides enough flexibility to Member States to adapt the procedure as necessary in order to successfully implement paragraphs 1 to 4 of Article 10.

Added: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 20 a (new): (20 a) In order to supplement this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union 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 of the Treaty on the Functioning of the European Union 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 de…

Removed:Recital 23 a (new): (23 a) The Commission should build upon the consultations with the High-Level Resettlement Committee when preparing the Union resettlement plan every two years.

Added: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 24: (24) Each targeted Union resettlement scheme should determine which standard procedural rules should apply to its implementation. It should in addition set out local cooperation arrangements where and as appropriate to facilitate its implementation, notably with UNHCR, IOM, EUAA and other relevant organisations.

Changed:Recital 25 a (new): (25(25a) a)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 Chapter VII Section III of [thethe Qualification[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…

Changed: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 assistprovide the Member States inwith thethat implementationsupport, ofat Uniontheir Resettlementrequest Frameworkand in accordance with its mandatemandate. andThe ifEUAA requestedshould byalso coordinate the exchanges of good practices among Member States.States, as regards the implementation of this Regulation.

Removed:The European Union Agency for Asylum can play an important role in increasing and facilitating the resettlement capacities of Member States and their contributions to Union resettlement efforts, as detailed in Article 10 and Article 12.

Added: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.

Changed: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 outlinedraw theup recommendations to serve as main components ofwhen drafting the Union resettlement plan and of 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.

Changed:Recital 31: (31) This Regulation does not affect the ability of the Member States to adopt or implement national resettlement schemes.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.

Changed:Article 2 – paragraph 1: For the purposes of this Regulation 'resettlement' means the selection, admissionupon andreferral 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 or within which they have been displaced to a Member State with a view to granting them international protection and providing them with a durable solution.

Changed:Article 3 – paragraph 3 – point a: (a) provide forguarantee 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;

Changed:Article 3 – paragraph 3 – point ab: a(b) (new):encourage (aall a)Member contributeStates to gradually increase their resettlement efforts and the protectionoverall number of available resettlement places, as well as support and durablefacilitate solutionsthe forreception and integration of resettled persons and thus contribute to the mostreduction vulnerableof third-countrythe need for third country nationals and stateless persons in need of international protection,protection includingto thosetravel inirregularly protractedto refugeethe situations.territory of the Member States.

Removed:Article 3 – paragraph 3 – point b: deleted

Added: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:According to Article 78(1) TFEU, the Union's asylum policy must 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. These treaties are grounded in Article 14 of the Universal Declaration of human rights 1948, which recognises the right of persons to seek asylum from persecution in other countries. Resettlement cannot replace the spontaneous arrival of asylum-seekers in the European Union.

Removed:Article 3 – paragraph 3 – point b a (new): (b a) gradually increase Member States' collective resettlement efforts and support and facilitate the reception and integration of resettled persons.

Changed:Article 4 – paragraph 1 – point a: (a) Globalthe resettlementnumber needsof asvulnerable detailedpersons in UNHCR'sneed Projectedof Globalinternational Resettlementprotection Needsas document,specified identifyingin the most vulnerable refugeesannual whoUNHCR areProjected inGlobal needResettlement ofNeeds resettlementreport worldwide;;

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

Removed:This point is covered in the suggested amendment to paragraph (d) in this Article.

Added: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:Several stakeholders such as UNHCR, IOM, ECRE, IRC, Caritas, Red Cross, Amnesty International and many more have voiced their concerns about linking resettlement with third countries cooperation in migration matters as this moves away from resettlement as a protection tool to provide assistance to the most vulnerable refugees. The rapporteur strongly believe that the humanitarian essence of resettlement must be safeguarded, and that 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 all other alternatives 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 de facto jeopardize a humanitarian, needs-based and international protection approach.

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

Removed:Article 4 – paragraph 1 – point d – introductory part: (d) The strategic use of resettlement, with a view to collectively providing solutions and improving the protection environment and security situation in third countries, including through the development of an effective asylum system and development policies.

Removed:The strategic use of resettlement has been defined by UNHCR as follows: “The planned use of resettlement in a manner that maximizes the benefits, directly or indirectly, other than those received by the refugee being resettled. Those benefits may accrue to other refugees, the hosting State, other States or the international protection regime in general.” The strategic use of resettlement should, for the purposes of this Framework, be understood as the use of resettlement in a strategic manner to enhance protection on a broader scale. For UNHCR this has meant, for example, improving the protection conditions in the country of asylum, such as mitigating the risk of refoulement, or ensuring that appropriate documents are issued to asylum-seekers and refugees (e.g. Egypt, Turkey) or that UNHCR has access to refugees in detention (e.g. China and Libya). The strategic use of resettlement should not, in any way, be understood as a tool for migration control. Potential difficulty in assessing the strategic use of resettlement in a specific situation should not be the basis for excluding a region or a country.

Removed:Article 5 – paragraph 1 – introductory part: Only the following third-country nationals or stateless persons shall be eligible for targeted Union resettlement schemes established in accordance with Article 8:

Added: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:Article 5 – paragraph 1 – point a – point i: (a) (i) third-country nationals, who, owing to a well-founded fear of being persecuted for reasons of race, gender, gender identity, gender expression, religion, nationality, sexual orientation, political opinion or membership of a particular social group, are outside the country of nationality or the part of that country in which they formerly habitually resided, 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 or of the part of that country in which they formerly habitually resided, 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,

Added:(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:Alignment with wording in Article 1(F) of the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees.

Added: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;

Changed:Article 6 – paragraph 1 – point b:c: Deleteddeleted

Removed:According to Article 78(1) TFEU, the Union’s asylum policy must 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. Since the term exclusion has a distinct meaning in the context of international refugee protection, which strictly relates to individuals who may be undeserving of international protection, the rapporteur has chosen to follow the exclusion clauses as set out in Article 1(F) of the Geneva Convention. Additional exclusion clauses such as this one blurs the lines between exclusion and ineligibility.

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

Removed:Article 6 – paragraph 1 – point b a (new): (b a) third-country nationals or stateless persons who have been recognised by the competent authorities of the country in which they are present or have taken up residence as having the rights and obligations which are attached to the possession of the nationality of that country, or rights and obligations equivalent to those.

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

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

Removed:Article 7 and Article 8 are closely connected as technical procedures before resettlement takes place. The rapporteur suggests to amend the Articles to better reflect this by suggesting delegated powers on both Articles. In addition to clarity, this change would make the technical procedures more transparent, and ensure Member States greater power in the targeted schemes which is deemed important since Member States will implement them.

Added: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 1 a (new): 1a. The Union resettlement plans are built on consultations with the High-Level Resettlement Committee and based on UNHCRs Annual Projected Global Resettlement Needs.

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

Changed:Article 7 – paragraph 2 – point a:b: (a)(b) adetails targetabout numberthe participation of personsthe toMember beStates resettledin reflectingthe atUnion aresettlement minimumplan 25%and oftheir contributions to the Annualtarget Projectednumber Globalof Resettlementpersons Needs;to be resettled;

Removed:Europe has 23.8% of the world's GDP, 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. In order for an EU Resettlement Framework to add value, it needs to increase both the quality and the quantity of resettlement to the Union. 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. Therefore, the rapporteur suggests to increase the number of resettlement places reflecting the EUs responsibility as a global region with the capacity to do so.

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

Changed:Article 7 – paragraph 2 – point b:c (b)a details(new): about(c thea) participationan unallocated emergency quota, of thepersons Memberto Statesbe inresettled, theas Unionprovided resettlementfor planin andArticle their11a, contributionscorresponding to around 10% of the totaltarget number referred to in point (a), to take into account urgent and emergency cases irrespective of personsthe geographical priorities referred to bein resettled;point (c).

Removed:Article 7 – paragraph 2 – point c: (c) overall geographical priorities based on UNHCR's Projected Global Resettlement Needs document.

Added: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 7 – paragraph 2 – point c a (new): (c a) an unallocated emergency quota, as referred in Article 11a, to take into account urgent and emergency cases irrespective of the geographical priorities identified under point c.

Removed:Introducing a specific emergency quota within the Union resettlement plans, that is not linked to priority regions or populations, would serve to respond to emergency and urgent cases globally, for which there is currently a significant shortfall of places available.

Changed:Article 8 – paragraph 2 – point c: (c) the specification of the regions or third countries from which resettlement is to occur accordingin toaccordance with point (c) of Article 7.2(c)7(3) and as referred to in Article 4;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;

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

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

Changed:Article 8 – paragraph 2 – point f: (f) whether the ordinary procedure set out in Article 10 or the expedited procedure set out in Article 11 shall be applied;deleted

Removed:Member States are responsible for implementing the schemes, and thus it should be Member States who specify how the identification and assessment should be carried out. The timeframe for taking a decision is already covered in point (g) of this Article.

Added: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.

Changed: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:Listing exclusion grounds in this article is confusing, since exclusion grounds are dealt with in Article 6.

Added: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.

Changed:Article 10 – paragraph 1 – subparagraph 1: When implementing a targeted Union resettlement scheme, Member States shall primarily rely on identification and submission of cases by UNHCR. Other actors for identification may be Member States or relevant(new): organisations.1 /a. Member States shall thereafter assess whether those third-country nationals or stateless persons fall within the scope of a targeted Union resettlement scheme. Member States may request assistance by [The European Union Agency for Asylum].scheme

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

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

Removed:For the sake of clarity, Article 10.8, with some amendments, has been moved and merged into 10.1 which describes the procedure in detail.

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

Removed:This paragraph is moved to after paragraph 3 and 4 because the assessment on eligibility criteria and exclusion causes is necessary before the registration of potential beneficiaries. Otherwise, there is a risk that cases which could never be eligible would be registered, creating both an unnecessary administrative burden on Member States and creating false expectations.

Added: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:

Changed:Article 10 – paragraph 3 – subparagraph 2:3: Member States shall make that assessment in particular on the basis of documentary evidence, including, where applicable, information from UNHCR onassess whether the third-country nationals or the stateless persons qualifymeet asthe refugeeseligibility orcriteria onset theout basisin ofArticle a5 personaland interviewwhether orthey aare combinationnot ofexcluded both.in accordance with Article 6(1).

Removed:An exhaustive list of how Member States shall make an assessment runs the risk of breaching the principle of free production of evidence and free sifting of evidence.

Added: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.

Changed:Article 10 – paragraph 4:3 4.a Member(new): States3 shalla. takeFor athe decisionpurpose onof implementing the resettlementordinary ofprocedure, third-countryMember nationalsStates may request that UNHCR, or statelesswhere personsapplicable, on[the EUAA] or relevant international organisations to fully and transparently assess: / (a) whether they fall within the basisscope of the assessmenttargeted referredUnion toresettlement inscheme; paragraphand 3/ as(b) soonwhether they fall under one of the resettlement submission categories as possibleset andout notin laterpoint than(a) eightof monthsArticle from5 theirand registration.the reasoning behind the assessment. / Member States may extendalso request that time-limitUNHCR byfully aassess periodwhether ofthird-country notnationals moreor thanstateless fourpersons months,referred whereto complexthem issuesby the UNHCR qualify as refugees within the meaning of factArticle or1 lawof arethe involved.1951 Geneva Convention.

Removed:Article 10 – paragraph 4 a (new): 4 a. Where a positive decision is taken, Member States shall register the following information, where available, of those for whom they intend to conduct the resettlement procedure: / (a) the name, date of birth, gender, and nationality; / (b) the fingerprints of all fingers and a facial image of every third-country national or stateless person; / (c) the type and number of any identity or travel document of the third-country national; and / (d) the date of the registration, the place where the registration is made, and the authority making the registration.

Added: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:This is original paragraph 2 (with some minor amendments) that we have moved to after paragraph 3 and 4 because the assessment of eligibility criteria and exclusion causes is necessary before the registration of potential beneficiaries. Otherwise, there is a risk that cases which could never be eligible would be registered, creating both an unnecessary administrative burden on Member States and creating false expectations.

Added: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.

Changed: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 rejectionnon-completion shall be communicated in a reasoned opinion to UNHCRthe orUNHCR, 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:UNHCR encourages States to communicate the reasons for rejection, which could be related to issues other than eligibility. Being informed about Member States' reasoning enables UNHCR to, for example, clarify open questions, consider re-submissions to another (including non-European) resettlement country, or for follow up on other protection-related issues, as necessary.

Removed:The basis of resettlement as a durable solution is that states are expected to provide resettled persons with permanent residence. A one-year or three years or even five years residence cannot be seen as a durable solution. Therefore, it is vital that MS who wishes to do so are able to issue residencies that are more favourable than those suggested in Regulation (EU) No XXX/XXX [Qualification Regulation].

Added: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;

Changed:Article 10 – paragraph 7 – point c: (c) offer a pre-departure orientation programme to third-country nationals or stateless persons, which mayshall 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.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..

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

Removed:This paragraph have been moved to and merged with Article 10.1 since they both describe the procedure.

Removed:It is not clear what could be the objective and scope of these delegated acts, specifically concerning the assessment and decision taking of a resettlement case, and why they could not be better reached by other means. Article 10 provides enough flexibility to Member States to adapt the procedure as necessary in order to successfully implement paragraphs 1 to 4.

Added:Article 11: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Removed:Article 11 – paragraph 1 – point 1: (1) may not assess whether the third-country nationals or the stateless persons meet the requirements referred to in point (a)(i) of Article 5;

Added: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 13 – paragraph 1: 1. A High-Level Resettlement Committee shall be established, composed of representatives of the European Parliament, the Council, the Commission, the Member States, UNHCR, [The European Union Agency for Asylum], 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 annual Union resettlement plan. / Following the annual tripartite consultations on resettlement (ATRC) and UNHCR's Projected Global Resettlement Needs publication, the High-Level Resettlement Committee shall meet to outline the main components of the Union resettlement plan as well as the different targeted Union resettlement schemes.

Added: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.

Added: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.

Added: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:The Commission proposal contains a delegation of power for an indefinite period of time. Opting for determined period of time (4 years) which can be tacitly extended, would allow for a reporting obligation, no later than 9 months before the end of the 4 years period, and both co – legislators can have an overview and an assessment on how the delegation of powers was working in practice.

Removed:Article 16 – paragraph 1: Iceland, Liechtenstein, Norway, and Switzerland shall be invited to be associated with the implementation of the Union resettlement plan. The core elements of this Regulation, in particular those related to the resettlement procedure and to the rights and obligations of resettled persons, shall be duly taken into account in that association.

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

Added: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:Amended to align with Article 2 of this Framework.

Added: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;

Added:Regulation (EU) No 516/2014

Added:Regulation (EU) No 516/20145

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

Changed: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.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 a[Regulatin targeted(EU) resettlementNo scheme.XXX/XXX (Resettlement Framework Regulation)].

Removed:Although there should be some incentive for MS to participate in the Union Resettlement Framework, national efforts in the field of resettlement should not be discouraged. With this amendment, the rapporteur tries to find a balance between these two objectives.

Added:Regulation (EU) No 516/2014

Removed:Article 18 – paragraph 1: 1. By ... [one year after entry into force], the Commission shall report to the European Parliament and the Council on the application of this Regulation in the Member States.

Added: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.

Added: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.

Added:1.6.2017