What changed between the draft committee report and the plenary report

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

11 unchanged paragraphs

on the proposal for a regulation of the European Parliament and of the Council addressing situations of crisis in the field of migration and asylum

(COM(2020)0613 – C90308/2020 – 2020/0277(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2020)0613),

– having regard to Article 294(2) and Article 78(2)(c),(d) and (e) and Article 79(2)(c) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90308/2020),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Italian Senate and the Hungarian Parliament asserting that the draft legislative act does not comply with the principle of subsidiarity,

– having regard to the opinion of the European Economic and Social Committee of 30 April 2021,

– having regard to the opinion of the Committee of the Regions of 19 March 2021,

– having regard to Rules 59 of its Rules of Procedure,

Changed:– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A90000/2021),(A9-0127/2023),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Change 1

Changed:Title: Draft report onTitle the1: proposalProposal for a regulationREGULATION ofOF theTHE EuropeanEUROPEAN ParliamentPARLIAMENT andAND ofOF theTHE CouncilCOUNCIL addressing situations of crisis in the field of migration and asylum (Text with EEA relevance)

Change 2

Removed:Recital 3: (3) The comprehensive approach should bring together policies in the areas of asylum, migration management, returns, external border protection and partnership with relevant third countries, recognising that the effectiveness of the overall approach depends on all components being jointly addressed and in an integrated manner. The comprehensive approach should ensure that the Union has at its disposal specific rules to effectively manage migration, in particular the triggering of a mandatory solidarity mechanism and that all the necessary measures are put in place to prevent crisis to happen.

Added:Recital 1: (1) The Union, in constituting an area of freedom, security and justice, should ensure the absence of internal border controls for persons and frame a common policy on asylum and migration and external border control, based on solidarity and fair sharing of responsibility between Member States, which is also fair towards third-country nationals and stateless persons.

Removed:Recital 4: (4) Notwithstanding the putting in place of the necessary preventive measures, it cannot be excluded that a situation of crisis, including force majeure in the field of migration and asylum arises due to circumstances beyond the control of the Union and its Member States.

Added:Recital 2: (2) To this end, a comprehensive approach is required with the objective of reinforcing mutual trust between Member States, ensuring the full respect of the fundamental rights of third-country nationals and stateless persons.

Change 3

Changed:Recital 5: (5) This Regulation should contribute to and3: complete(3) theThe comprehensive approach by setting out the specific procedures and mechanisms in the field of international protection that shouldas applyoutlined in the exceptionalRegulation circumstances(EU) ofXXX/XXX a[Asylum situationand ofMigration crisis.Management ItRegulation] should ensure, inensure particular,that the effectiveUnion applicationhas ofat theits principledisposal ofspecific solidarityrules andto faireffectively sharingmanage ofmigration, responsibility,in includingparticular the grantingtriggering of prima facie international protection, so thata themandatory Membersolidarity Statesmechanism and the Unionthat haveall the necessary tools at theirmeasures disposalare includingput sufficientin timeplace to carry out allprevent thecrisis differentto procedures.happen.

Change 4

Removed:Recital 6: (6) A mass influx of persons crossing the border irregularly, or following evacuation programmes, within a short period of time may lead to a situation of crisis in a particular Member State. Such a situation may also have consequences for the functioning of the asylum and migration system, not only in the Member State concerned, but also in the Union as a whole, including, due to the lack of capacity any Member State of first entry would face in a similar situation, to process the applications for international protection . An asylum, reception, or return system is non-functional when it is unable to cope with a situation of crisis without adverse effects on the interests of the persons arriving or on other persons with pending applications for international protection. A situation of crisis might also be triggered where exceptional circumstances beyond the control of a Member State jeopardise the feasibility for the Member State concerned to meet its obligations under Union asylum and migration law. It is necessary to provide for specific mechanisms to avoid serious consequences for the functioning of the Common European Asylum System or the Common Framework as set out in Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation] in particular for a mandatory relocation mechanism, with a view to balance efforts between Member States.

Added:Recital 4: deleted

Removed:Recital 6 a (new): (6a) A situation of crisis can also be a result of evacuation programmes. Such programmes can include different evacuation measures, such as the granting of humanitarian visas; the setting up of humanitarian corridors or direct evacuation transfers. Such evacuation programmes should be part of urgent responses to unpredicted emergencies.

Added:Recital 5: (5) This Regulation should contribute to and complete the comprehensive approach by setting out the specific procedures and mechanisms in the field of asylum and return that should apply in the exceptional circumstances of a situation of crisis. It should ensure, in particular, the effective application of the principle of solidarity and fair sharing of responsibility and the adaptation of the relevant rules on asylum and return procedures, including the granting of prima facie international protection, so that the Member States and the Union have the necessary tools at their disposal including sufficient time to carry out all the different procedures.

Removed:Recital 7: (7) In certain situations of crisis, Member States may be faced with force majeure, referenced in international and European law, as a situation due to the occurrence of an irresistible force or of an unforeseen event beyond its control, making it materially impossible in the circumstances to perform its obligations under Union asylum and migration law1a. Force majeure may include natural disasters such as severe fires, earthquakes, terrorist attacks, wars, military or civil armed conflicts, and uprisings which might lead to a situation of crisis. In order to ensure that the common asylum system continues functioning in an efficient and fair manner, while guaranteeing a timely examination of international protection needs and legal certainty, the triggering of a mandatory relocation mechanism also applies in these exceptional circumstances. / 1a https://legal.un.org/ilc/texts/instruments/english/commentaries/9_6_2001.pdf

Added:Recital 5 a (new): (5a) This Regulation intends to enhance the preparedness and resilience of the Union to manage situations of crisis and to facilitate operational coordination, capacity support and the availability of funding in situations of crisis.

Removed:Recital 7 a (new): (7a) A situation of crisis should allow for the triggering of the full set of measures provided for in this Regulation. The imminent risk of a situation of crisis should not be neglected, as responding in time in the case of imminent risk, might avoid that a real situation of crisis eventually takes place. At the stage of an imminent risk of a situation of crisis, the mandatory relocation mechanism should be available as a preventive tool.

Added:Recital 5 b (new): (5b) To alleviate a potential increase of the pressure on the external borders, Member States should use all the tools available under national and Union law, including making use of anticipation and early warning tools under the EU mechanism for preparedness and management of crises related to migration foreseen in Commission Recommendation (EU) 2020/1366 of 23 September 20201a. / 1aCommission Recommendation (EU) 2020/1366 of 23 September 2020 on an EU mechanism for preparedness and management of crises related to migration (OJ L 317, 1.10.2020, p. 26).

Added:Recital 6: (6) An exceptional situation of mass and sudden arrivals of third-country nationals or stateless persons by land or by sea, including following search and rescue operations, may lead to a situation of crisis in a particular Member State when it is of such a scale or has such an impact that it renders that Members State’s ordinary and well-prepared asylum, reception, return or child protection systems non-functional. The systems could be rendered non-functional as a result of a situation at local or regional level. Such a situation may also have serious consequences for the functioning of the Common European Asylum System. It is necessary to lay down specific rules and mechanisms that should enable effective action to address such situations.

Added:Recital 7: deleted

Added:Recital 7 a (new): (7a) In order to allow for the proper management of a situation of crisis and ensure a proper adaptation of the relevant rules on the asylum and return, border procedure and prima facie international protection, the Commission should, by way of a delegated act, take a reasoned decision on whether a Member State is in a situation of crisis and authorise concerned Member States, to apply relevant temporary derogatory rules. Such a delegated act could authorise one or more Member States to derogate from the relevant rules, to apply international prima facie protection and to benefit from relocation contributions.

Added:Recital 7 b (new): (7b) Before adopting the delegated act, the Commission should assess a situation of crisis on the basis of a reasoned request by the Member State concerned or on its own initiative. In the assessment the Commission should take into account relevant information covering the situation in a Member State during the two preceding months. In particular, the information should take into account substantiated information gathered pursuant to Regulation (EU) 2021/2303 of the European Parliament and of the Council23a and Regulation (EU) 2019/1896 of the European Parliament and of the Council24 and the Migration Management report referred to in Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]. The Commission should also consult the relevant Agencies, in particular the European Union Agency for Asylum (EUAA), the European Border and and Coast Guard Agency and European Union Agency for the Fundamental Rights Agency, as well as international organisations, in particular the UNHCR and IOM, and other relevant organisations. / 23a Regulation (EU) 2021/2303 of the European Parliament and of the Council of 15 December 2021 on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010 (OJ L 468, 30.12.2021, p. 1). / 24 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).

Added:Recital 7 c (new): (7c) In the context of this Regulation, and following the vulnerability check in accordance with the Regulation (EU) XXX/XXX [Screening Regulation], persons belonging to the following categories should be considered to be in a vulnerable situation: minors, unaccompanied minors, persons with disabilities, elderly persons, pregnant women, single parents with a minor or an adult dependent child, victims of trafficking in human beings, persons with serious illnesses, persons with mental disorders including post traumatic stress disorder and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence.

Added:Recital 7 d (new): (7d) The Commission should keep the situation of crisis under constant monitoring and review as regards the necessity and proportionality of the crisis measures triggered by this Regulation.

Recital 8: deleted

Change 5

Removed:Recital 10: (10) In order to quickly help alleviate the pressure faced by a Member State in a situation of crisis, the scope of relocation should include all categories of applicants for international protection as well as beneficiaries of international protection, including persons granted prima facie international protection.

Added:Recital 9: deleted

Added:Recital 9 a (new): (9a) The solidarity mechanism should ensure a fair sharing of responsibility and a balance of efforts between Member States. When Member States are confronted with a situation of crisis, they should receive swift support from other Member States through a fast, fair, and efficient mandatory relocation mechanism.

Added:Recital 10: (10) In order to quickly help alleviate the pressure faced by a Member State in a situation of crisis, the Commission, by means of implementing acts, should set out the distribution of the categories of persons to be relocated following the submission of Solidarity Response Plans by Member States. Where a Member State did not submit a Solidarity Response Plan, the implementing act should set out the mandatory share of relocation contributions for that Member State.

Added:Recital 10 a (new): (10a) In order to calculate the share of relocation contributions of each contributing Member State, a reference key based on the GDP and the population of the Member State concerned should be used. When applying the reference key the relocation contributions provided by that Member State pursuant to Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation] should not be deducted from the share of a contributing Member State.

Added:Recital 10 b (new): (10b) In a situation of crisis, the contributing Member States, which are not themselves benefitting Member States, should contribute through the mandatory relocation of applicants for international protection, regardless of whether such applicants are subject to the border procedure, and of beneficiaries of international protection who have been granted international protection less than three years before the adoption of the implementing act on mandatory relocation. In conducting relocation, Member States should prioritise the relocation of vulnerable persons, in particular unaccompanied minors and victims of trafficking in human beings, as well as beneficiaries of prima facie international protection. Where Member States are themselves benefitting Member States, they should be exempted from providing relocation contributions.

Added:Recital 10 c (new): (10c) To ensure a swift response, the contributing Member State for relocation should be determined on the basis of meaningful links between the person to be relocated and a certain Member State. The EU Relocation Coordinator in cooperation with EUAA should assist the Member State in that regard. Ensuring that persons are relocated to the most appropriate Member State will also limit secondary movements between the Union Member States. Where no meaningful links to a Member State can be determined, the preference of the applicant or beneficiary of international protection or of groups of applicants or beneficiaries should, when possible, be taken into account.

Added:Recital 10 d (new): (10d) When applying this Regulation the ‘best interests of the child’ should be a primary consideration, in line with the 1989 United Nations Convention on the Rights of the Child. In assessing the best interests of the child, Member States' authorities should in particular take due account of the principle of family unity, the minor’s well-being and social development, the minor's linguistic skills, safety and security considerations and the views of the minor in accordance with his or her age and maturity.

Added:Recital 10 e (new): (10e) To ensure a smooth functioning of the relocation of applicants and beneficiaries under this Regulation, and in view of coordinating and optimising all relocation efforts, the EU Relocation Coordinator established under Regulation (EU) XXX/XXX [Asylum and Migration Management] should endeavour to prioritise vulnerable persons, in particular unaccompanied minors, and beneficiaries of prima facie international protection in the relocation transfers. The EU Relocation Coordinator should also, in cooperation with the Commission and the EUAA, promote coherent working methods, for the verification of any meaningful links persons eligible for relocation might have with Member States of relocation. In a situation of crisis, the EU Relocation Coordinator should, every two weeks, provide a bulletin on the state of the implementation and functioning of the relocation mechanism. The office of the Relocation Coordinator should be provided with sufficient staff and resources to effectively fulfil this role.

Added:Recital 10 f (new): (10f) Member States should take all the necessary measures to prevent a situation of crisis, by developing, maintaining, and strengthening all aspects of the Common European Asylum System. To ensure a sufficient level of preparedness for a situation of crisis, Members States should include in their contingency plans measures needed to respond to and resolve a situation of crisis, including measures needed to overcome challenges in the functioning of the Common European Asylum System and to protect the rights of applicants for and beneficiaries of international protection as well as foster future resilience in the Member State concerned

Recital 11: deleted

Change 6

Removed:Recital 12: (12) In situations of crisis, Member States might need a wider set of measures in order to manage a mass influx of third-country nationals in an orderly fashion. Such measures should mainly be based on a mandatory relocation mechanism and the granting of prima facie international protection, as a response mechanism in the framework of a comprehensive Union migration management system.

Added:Recital 11 a (new): (11a) Upon request of the benefitting Member State and in full cooperation and coordination with the EU Relocation Coordinator and the EUAA, the Commission should also coordinate the humanitarian support provided to the Member State in a situation of crisis. Humanitarian support should be mobilised from the available humanitarian tools, including the European Civil Protection Pool and rescEU on the basis of the Decision (EU) 2019/420.

Removed:Recital 12 a (new): (12a) The consideration of third-country nationals fleeing climate change, should also be taken into account, where appropriate, in the determination of the specific groups of applicants, eligible for being granted prima facie international protection.

Added:Recital 11 b (new): (11b) A Member State in a situation of crisis should receive operational and technical support including any assistance by experts or teams deployed by the EUAA or the European Border and Coast Guard Agency in accordance with Regulations (EU) 2021/2303 and (EU) 2019/1896.

Removed:Recital 13: (13) In order to allow Member States to deal with large numbers of applications for international protection in situations of crisis, a longer time limit should be set for registering the applications for international protection made at the start of such situations of crisis. Such a temporary extension should be without prejudice to the rights of asylum applicants guaranteed by the Charter of Fundamental Rights of the European Union and Directive XXX/XXX/EU [Reception Conditions Directive].

Added:Recital 11 c (new): (11c) To support Member States who undertake relocation as a solidarity measure, financial and capacity support from the Union budget should be provided. Where Member States receive financial support for relocation, they should ensure that the local authorities supporting the relocation process benefit from this financial support.

Added:Recital 11 d (new): (11d) Where needed, emergency funding under Regulation (EU) 2021/1147 of the European Parliament and of the Council1a may be allocated to a Member in a situation of crisis. That funding could be used for the construction, running, and renovation of reception facilities required for the application of this Regulation, in line with the standards provided for in Directive XXX/XXX/EU [Reception Conditions Directive]. / 1a Regulation (EU) 2021/1147 of the European Parliament and of the Council of 7 July 2021 establishing the Asylum, Migration and Integration Fund (OJ L 251, 15.7.2021, p. 1).

Added:Recital 12: (12) In situations of crisis, Member States might need a wider set of measures in order to manage mass arrivals of third-country nationals in an orderly fashion. It should be possible for such measures to include the application of an asylum crisis management procedure and a return crisis management procedure.

Added:Recital 13: (13) In order to allow Member States to deal with large numbers of applications for international protection in situations of crisis, the Commission should be able to authorise the application of derogatory rules for registering the applications for international protection made at the start of such situations of crisis. Therefore, by way of a single and temporary derogation, applications made within four weeks from adoption of the delegated act should be registered within a period of four weeks from when they are made. Such an extension should be without prejudice to the rights of asylum applicants guaranteed by the Charter of Fundamental Rights of the European Union, Regulation (EU) XXX/XXX [Asylum Procedures Regulation] and Directive (EU) XXX/XXX [Reception Conditions Directive].

Added:Recital 13 a (new): (13a) In a situation of crisis, in view of the possible strain on the asylum system, an asylum crisis management procedure should allow Member States to prolong the maximum duration of the border procedure by an additional four weeks to the period of time set in Article 41 (11) and (13) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation]. However, the procedures should be completed as soon as possible in full respect of Directive XXX/XXX/EU [Reception Conditions Directive]. If those procedures cannot be completed by the expiry of that prolonged period, applicants should be authorised to enter the territory of a Member State for the purpose of completing the procedure for international protection. Applicants in a vulnerable situation should be excluded from the asylum crisis management procedure.

Added:Recital 13 b (new): (13b) Member States should ensure applicants and persons granted prima facie international protection receive a document, in a language they can understand or be reasonably supposed to understand, which clearly sets out the provisions relating to their status and which gives them access to the relevant services of the Member State.

Recital 14: deleted