What changed between the draft committee report and the plenary report

Recital 15: deleted

Change 7

Removed:Recital 16: deleted

Added:Recital 17: (17) The return crisis management procedure should facilitate, in a situation of crisis, the return of irregularly staying third-country nationals or stateless persons whose applications were rejected in the context of a crisis asylum management procedure and who have no right to remain and are not allowed to remain, by providing the competent national authorities and Union Agencies with the necessary tools and sufficient time-frame to carry out return procedures with due diligence.

Removed:Recital 17: deleted

Added:Recital 18: (18) When applying the return crisis management procedure, irregularly staying third-country nationals or stateless persons who have no right to remain and are not allowed to remain should not be authorised to enter the territory of the Member State concerned and should be kept at the locations referred to in Article 41a(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] for a period that can be longer than the one established by that Article in order to enable authorities to cope with the situations of crisis and finalise return procedures; for this purpose, the maximum duration of 12 weeks of the border procedure for carrying out return set out in Article 41a(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] could be prolonged by an additional period that cannot exceed four weeks. By way of derogation from Article 41a(7) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], the period of detention set in that Article should not exceed the period mentioned above and should be included in the maximum periods of detention set in Article 15 (5) and (6) of Directive XXX/XXX/EU [Return Directive].

Removed:Recital 18: deleted

Added:Recital 18 a (new): (18a) Member States should not hold a person in detention for the sole reason that he or she is an applicant for international protection. They should ensure that the relevant safeguards in Regulation (EU) XXX/XXX [Asylum Procedures Regulation] apply. Member States should provide for alternatives to detention in border procedures, in particular for unaccompanied minors, families with children, and applicants with specific vulnerabilities. Such alternatives should be available both in law and fact at national level.

Removed:Recital 19: deleted

Added:Recital 18 b (new): (18b) When applying the asylum and return crisis management procedure for the examination of an application for international protection, Member States should ensure that the necessary arrangements are made to accommodate the applicants in accordance with Directive XXX/XXX/EU [Reception Conditions Directive]. Asylum staff, medical staff, legal representatives, non-governmental organisations, and Union institutions and agencies should always be allowed to access border procedure facilities

Removed:Recital 19 a (new): (19a) The initiative to request an assessment of a situation of crisis can be taken by the Commission, the Member State concerned, the Council or the European Parliament. The Commission should take into account requests for examining a possible situation of crisis from these institutional actors, as they all have a common responsibility to balance efforts, responsibility and solidarity within the Union, and between the Member States. Timely responses to crises, even in their early stages, are in the interest of a well-functioning Common European Asylum System and therefore contribute to an efficient and sustainable common asylum and migration management.

Added:Recital 18 c (new): (18c) When a Member State is in a situation of crisis, all efforts should be focused on alleviating the pressure on its asylum and reception systems. For this reason, the Member State concerned should be considered unable to receive persons it is responsible for pursuant to Regulation (EU) XXX/XXX [Asylum and Migration Management].

Removed:Recital 20: (20) The Commission should assess a situation of crisis while taking into account substantiated information gathered pursuant to Regulation (EU) XXX/XXX [Asylum Agency Regulation] and Regulation (EU) 2019/1896 of the European Parliament and of the Council3 and the Migration Management report referred to in Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation], as well as Reports by UNHCR, IOM, and evidence based, factual information from other Union Agencies.

Removed:Recital 20 a (new): (20a) A situation of crisis is not only based on numerical parameters. Local and regional aspects can be major elements in its assessment, as a considerable functional failure at local or regional level might generate the same consequences as a situation of crisis at national level.

Recital 21: deleted

Recital 22: deleted

Change 8

Removed:Recital 23: deleted

Added:Recital 23: (23) In a situation of crisis, Member States should grant prima facie international protection to certain categories of displaced persons from third countries based on circumstances in their country of origin or the country of former habitual residence or parts of that country, or on the basis of other readily apparent, objective and well-defined criteria drawn from Regulation (EU) XXX/XXX [Qualification Regulation]. The Commission should indicate, in its delegated act establishing the situation of crisis, whether there is a need to apply prima facie international protection and the category (ies) of applicants to which it should apply. In such a case, prima facie international protection should be granted to those persons.

Added:Recital 23 a (new): (23a) Where the situation has changed after the adoption of the delegated act setting out the categories of applicants eligible for international protection, the Commission can adopt a new delegated act. That new delegated act can add, remove or change the categories of applicants that are eligible for prima facie international protection.

Added:Recital 23 b (new): (23b) The application of the prima facie international protection should allow for the swift and efficient granting of international protection in a situation of crisis.

Added:Recital 23 c (new): (23c) The relevant Union Agencies, UNHCR and other relevant organisations should be consulted at the different stages of the application of the prima facie international protection, including ahead of the decision on a situation of crisis by delegated act, during the implementation of the prima facie international protection and ahead of the decision to end a situation of crisis.

Added:Recital 23 d (new): (23d) The application for prima facie international protection should only consist of registration, to determine whether the applicant falls within the category (ies), set out in the delegated act, and whether the exclusion grounds apply. For applications for prima facie international protection in the context of this Regulation, there should be no interview on the merits, but if there are doubts whether the applicant belongs to the category (ies) of persons identified in the delegated act or whether the exclusion grounds apply, an interview might be needed. In all cases, the procedure should not last longer than one month from the date of their registration. Where a Member State has established that an applicant for international protection is a threat to internal security, that Member State should be able not to apply prima facie international protection in respect of that applicant. In such circumstances, the application should be examined in accordance with Articles 34 and 37 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation].

Recital 24: deleted

Change 9

Added:Recital 24 a (new): (24a) The end of the situation of crisis should not have consequences on the status of those granted prima facie international protection, nor to the applications that were pending under the prima facie international protection mechanism. The end of the situation of crisis should be without prejudice to the right to apply for refugee status, in particular for those applicants who were granted subsidiary protection under the prima facie international protection mechanism.

Recital 25: deleted

Change 10

Added:Recital 25 a (new): (25a) Where an applicant is granted prima facie international protection, Regulation (EU) XXX/XXX [Qualification Regulation] should apply in respect of that person, including the provisions of that Regulation that concern the withdrawal of protection.

Added:Recital 25 b (new): (25b) Where it is determined that an applicant for prima facie international protection does not fall within the category(ies) of persons as defined in the delegated act, his or her application should be examined in accordance with the regular admissibility procedure and the examination of the merits laid out in Regulation (EU) XXX/XXX [Asylum Procedures Regulation].

Recital 26: deleted

Change 11

Removed:Recital 27: (27) Since the adoption of Council Directive 2001/55/EC25, the rules concerning the qualification of beneficiaries of international protection have evolved considerably. Given that this Regulation lays down rules for granting prima facie international protection in situations of crisis to displaced persons from third countries who are unable to return to their country of origin, and provides for specific rules for solidarity for such persons, Directive 2001/55/EC should be repealed.

Added:Recital 27: deleted / (deleted)

5 unchanged paragraphs

Recital 28: deleted

Recital 29: deleted

Recital 30: deleted

Recital 31: deleted

Recital 32: deleted

Change 12

Removed:Recital 32 a (new): (32a) Regulation (EU) XXX/XXX [Asylum Procedures Regulation] provides for swift mechanisms in case many persons arriving in a Member States make an application for international protection. Member States are allowed to request the assistance of the human resources of different public administrations to assist with the registration workload, on the condition they received appropriate training; the support teams from the Asylum Agency may also assist, based on Regulation (EU) XXX/XXX [Asylum Procedures Regulation] and Regulation (EU) XXX/XXX [European Union Asylum Agency Regulation], to immediately compensate the regular staff shortages. These mechanisms, currently available in Union legislation, do not necessitate long or indeterminate periods of derogation from the regular registration provisions in Regulation (EU) XXX/XXX [Asylum Procedures Regulation]. In an established situation of crisis, Member States should commit to trigger all possible legal mechanisms to guarantee a swift and comprehensive registration of applications, with a view to guaranteeing transparency and access to the procedure, based on principles of good administration; in such circumstances, only in the first weeks of a situation of crisis, a temporary derogation from the registration deadlines, established in Regulation (EU) XXX/XXX [Asylum Procedures Regulation] should be envisaged.

Added:Recital 33: deleted

Removed:Recital 32 b (new): (32b) When registering applicants for international protection, Member States should always include in the registration forms all the elements necessary to determine the Member State responsible for examining the application, as well as any meaningful links the applicant may have with another Member State, to apply a smooth relocation procedure. Member States should rely on the assistance of the Asylum Agency and its support toolbox to establish these registration forms in the most comprehensive way. Such an approach should ensure swift transfers and ensure a quick access to the asylum procedure.

Added:Recital 34: (34) In order to allow for the necessary adaptation of the rules on asylum procedures as well as those on solidarity, 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 the establishment of the decision on a situation of crisis, relocation contributions in a situation of crisis, derogations to the asylum and return procedures, granting prima facie international protection and establishing when a situation of crisis ends. 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 of 13 April 2016 on Better Law-Making25a . 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. / 25a OJ L 123, 12.5.2016, p. 1.

Removed:Recital 32 c (new): (32c) Applicants who made an application for international protection, should receive a document testifying the making of such an application. This document should facilitate the access to their rights in accordance with Directive XXX/XXX/EU [Reception Conditions Directive], following the making of that application, and until its formal registration.

Added:Recital 34 a (new): (34a) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred to the Commission to determine the distribution of the relocation needs amongst Member States or the mandatory shares of relocation contributions applicable. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council1a. / 1a Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers, (OJ L 55, 28.2.2011, p. 13).

Removed:Recital 32 d (new): (32d) With a view to accelerate relocation processes, the Member State in a situation of crisis should make use of the support teams and existing toolbox of the Asylum Agency, build on best practices and experience gathered in their permanent relocation support, in particular under the Council Decisions of September 2015 on emergency relocation, and at the occasion of Disembarkations following Search and Rescue interventions.

Added:Recital 35: (35) The examination procedure should be used for the adoption of implementing acts determining the distribution and mandatory share of relocation contributions amongst Member States.

Removed:Recital 32 e (new): (32e) When Member States are confronted with a situation of crisis, they should have swift access to assistance from other Member States. Smooth and quick relocations, as well as expedite procedures for determining the Member State responsible pursuant to Part III of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation] are a necessary tool to mitigate situations of crisis in the Member States concerned. Such a response should guarantee quick access to asylum procedures for applicants and efficient management of migration for the Union as a whole.

Added:Recital 37: (37) This Regulation respects the fundamental rights guaranteed under Union and international law and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular respect for human dignity, the right to life, the principle of the best interests of the child, the prohibition of torture and inhuman or degrading treatment or punishment, the right to asylum and the protection in the event of removal, expulsion or extradition. The Regulation should be implemented in compliance with the Charter and general principles of Union law as well as international law, including refugee protection, human rights obligation and the prohibition of refoulement.

Removed:Recital 32 f (new): (32f) Where Member States do not offer sufficient relocation pledges to meet the thresholds established by the European Commission in its decision on the situation of crisis, the Commission should be mandated to adjust the contributions of each Member State until the threshold set in the decision is met. A distribution key, based on the size of the population of each Member State, its GDP and the unemployment rate, should be used as a reference for the relocation contributions per Member State. In light of ensuring the proper integration of beneficiaries of relocation, the impact of the unemployment rate in the distribution key can contribute to responding to labour shortages at a national labour markets in the relevant Member States.

Added:Recital 37 a (new): (37a) Since the objectives of this Regulation, namely to provide for the necessary adaptation of the rules on asylum procedures as well as those on solidarity in order to ensure that Member States are able to address situations of crisis in the field of asylum and migration management within the Union, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

Removed:Recital 32 g (new): (32g) When proposing the amount of relocation contributions, Member States should take into account the relocation support offered by cities and regions, as relocation and integration relies mainly on the actors at local level; they are therefore key actors in the achievement of successful relocation trajectories.

Added:Article 1 – paragraph 1: 1. This Regulation addresses situations of crisis in the field of migration and asylum within the Union and provides for specific temporary rules derogating from those laid down in Regulation (EU) XXX/XXX [Asylum Procedures Regulation] and in Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]. This Regulation establishes a crisis response mechanism, aiming at alleviating the pressure on Member States facing a situation of crisis, ensuring the fair sharing of responsibility and protecting the rights of the applicants and beneficiaries of international protection.

Removed:Recital 32 h (new): (32h) In view of coordinating and optimising all relocation efforts, an EU Relocation Coordinator, to be appointed by the Commission, should assist and supervise the relocation coordination of applicants and beneficiaries found eligible for relocation. The EU Relocation Coordinator should, in particular, 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, in cooperation with the Commission and the Asylum Agency, also promote coherent working methods, for the verification of any meaningful links persons eligible for relocation might have with Member States of relocation.

Added:Article 1 – paragraph 1 a (new): 1a. Temporary measures adopted pursuant to this Regulation shall meet the requirements of necessity and proportionality, be appropriate to achieving their stated objectives and be without prejudice to the obligations of the Member States under the Charter of the Fundamental Rights of the European Union, international law and the Union asylum acquis. Such measures shall be consistent with the Member States’ obligations under international law and the Union asylum acquis

Removed:Recital 33 a (new): (33a) 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:Article 1 – paragraph 1 b (new): 1b. The measures in this Regulation shall be applied only to the extent strictly required by the exigencies of the situation, in a temporary and limited manner and only in exceptional circumstances.

Removed:Recital 34: (34) In order to allow for the necessary adaptation of the rules on asylum procedures as well as those on solidarity, 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 the establishment of the decision on a situation of crisis, relocation contributions in a situation of crisis, registration of applications for international protection in a situation of crisis, granting prima facie international protection and establishing when a situation of crisis ends. 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 of 13 April 2016 on Better Law-Making1a. 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. / 1a OJ L 123, 12.5.2016, p. 1.

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

Removed:Recital 35: deleted

Added:Article 1 a (new): Article 1a / Definitions / For the purpose of this Regulation, the following definitions apply: / (1) 'a situation of crisis' means an exceptional situation in a Member State of mass and sudden arrivals of third-country nationals or stateless persons by land or by sea, including following search and rescue operations, being of such a scale or having such an impact that it renders that Member State’s ordinary and well-prepared asylum, reception, return, or child-protection system at national level non-functional including as a result of a situation at local or regional level, and which can have serious consequences for the functioning of the Common European Asylum System; / (2) 'a benefitting Member state’ means a Member State receiving support under the provisions of this Regulation; / (3) ‘a contributing Member State’ means the Member State which undertakes relocation under the provisions of this Regulation.

Removed:Recital 36: deleted

Added:Article 1 b (new): Article 1b / Assessment of a situation of crisis / 1. The Commission shall assess whether a Member State is in a situation of crisis in any of the following cases: / (a) the Member State has informed the Commission, the Parliament and the Council that it considers itself to be in a situation of crisis, and has submitted a reasoned request to the Commission and a description of how its asylum, reception or child-protection system has become non-functional / (b) on the basis of information available from relevant Union agencies, in particular the EUAA, the European Border and Coast Guard Agency and the Fundamental Rights Agency, as well as international organisations, in particular the UNHCR and IOM and other relevant organisations, the Commission considers that the Member State may be in a situation of crisis. / 2. The Commission shall immediately notify the European Parliament, the Council and the Member States that it is undertaking an assessment referred to in paragraph 1. / 3. When assessing whether a Member State is in a situation of crisis, the Commission shall consult the Justice and Home Affairs Agencies, in particular the EUAA, the European Border and Coast Guard Agency and the Fundamental Rights Agency, as well as international organisations, in particular the UNHCR and IOM and take into account the information gathered pursuant to the Commission Recommendation (EU) 2020/1366 and the Migration Management Report referred to in Article 6(4) of Regulation (EU) XXX/XXX […

Removed:Recital 37 a (new): (37a) Since the objectives of this Regulation, namely to provide for the necessary adaptation of the rules on asylum procedures as well as those on solidarity in order to ensure that Member States are able to address situations of crisis, including force majeure in the field of asylum and migration management within the Union, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

Added:Article 1 c (new): Article 1c / Decision on a situation of crisis / 1. The Commission shall adopt a reasoned decision on a situation of a crisis within one week following either the request for an assessment carried out pursuant to Article 1b(1), points (a) and (b) or the notification referred to in Article 1b(2), and after consultation with the EU Relocation Coordinator and the EUAA. / 2. In its decision, the Commission shall indicate whether the Member State concerned is in a situation of crisis. / 3. Where the Commission concludes that the Member State concerned is in a situation of crisis, the decision on a situation of crisis shall identify: / (a) the capacity of the asylum, reception and , child-protection, and integration system of the Member State concerned, as well as its overall material, operational and human resource needs in managing its asylum caseload; / (b) the measures to be taken by the Member State concerned in the field of migration management, and in particular in the field of asylum, in order to respond to a situation of crisis and to fulfil its obligations under the Union acquis, including possible additional support from the EUAA, UNHCR and IOM; / (c) the appropriate total amount of relocation contributions needed under the mandatory relocation scheme to address the situation of crisis and the expected timeframe for the implementation of those contributions, as well as the categories of persons as referred to in Article 2a(1) to be relocated by the contributing Member St…