What changed between the draft committee report and the plenary report

Removed:Article 1 – paragraph 1: 1. This Regulation addresses situations of crisis, including force majeure, in the field of migration and asylum within the Union and provides for specific derogations from the rules set out in Regulation (EU) XXX/XXX [Asylum Procedures Regulation]. This Regulation establishes a crisis response mechanism, aiming at the alleviating the constraints for Member States facing a situation of crisis and at protecting the rights of applicants and beneficiaries of international protection, including access to the procedure and reception conditions in a situation of crisis.

Added:Article 1 d (new): Article 1d / End of a situation of crisis / 1. The Commission shall constantly monitor whether a situation of crisis identified in accordance with Article 1c persists. Article 1b(3) and (4) shall apply to that monitoring. / 2. Where the Commission concludes that the Member State concerned is no longer in a situation of crisis, it shall adopt a delegated act in accordance with Article 12b to establish the end of the situation of crisis, thereby ending the application of all the measures triggered by this Regulation.

Removed:Article 1 a (new): Article 1a / Definitions / For the purpose of this Regulation, the following definitions apply: / (1) 'a situation of crisis' means / (a) – an exceptional situation of mass influx of third-country nationals or stateless persons arriving irregularly, or following evacuation programmes, in a Member State or disembarking on its territory following search and rescue operations, being of such a scale, in proportion to the population, GDP and unemployment rate of the Member State concerned, and nature, which renders that Member State’s asylum, reception or return system at local, regional or national level non-functional, or / – an exceptional situation due to an irresistible force or an unforeseen event beyond its control, being of such a scale, in proportion to the population, GDP and unemployment rate of the Member State concerned, and nature, which prevents the receiving Member State to meet its obligations under Union asylum and migration law; / (b) ‘an imminent risk’ of such a situation referred to under point (1)(a) . / (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.

Added:Article 1 e (new): Article 1 e / Crisis preparedness / 1. For the purposes of this Regulation, the Member States national strategies established in accordance with Article 5 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation] shall also include / (a) contingency planning to ensure a sufficient level of preparedness in a situation of crisis, taking into account the contingency planning pursuant to Regulation (EU) 2021/2303, Regulation (EU) 2019/1896 and Directive (EU) XXX/XXX [Reception Conditions Directive] and the reports of the Commission issued within the framework of the Migration Preparedness and Crisis Blueprint; the planning shall include an analysis of measures needed to respond to and resolve a situation of crisis in the Member State concerned, including measures to protect the rights of applicants for and beneficiaries of international protection and other forms of protection. / (b) the results of the monitoring undertaken by the EUAA and the European Border and Coast Guard Agency, of the evaluation carried out in accordance with Council Regulation (EU) No 2022/922 as well as of the monitoring carried out in accordance with Article 7 of Regulation (EU) XXX/XXX [Screening Regulation]. / The national strategies shall take into account other relevant strategies and existing support measures in particular those support measures under Regulation (EU) 2021/1147 of the European Parliament and of the Council and Regulation (EU) 2021/2303 and be coherent with and complement…

Article 2: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

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Removed:Article 2 a (new): Article 2a / 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, in a detailed request, that it considers itself to be in a situation of crisis; / (b) on the basis of available information, the Commission considers that the Member State may be in a situation of crisis; / (c) on the basis of available information, the European Parliament or the Council considers that the Member State is in a situation of crisis. / 2. 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 Asylum Agency, the European Border and Coast Guard Agency and the Fundamental Rights Agency as well as International Organisations, in particular, UNHCR and IOM, and take into account the information gathered pursuant to the Commission Recommendation (EU) 2020/1366 of 23 September 2020 on an EU mechanism for preparedness and management of crises related to migration1a (Migration Preparedness and Crisis Blueprint) and the Migration Management Report referred to in Article 6(4) of Regulation (EU)XXX/XXX [Asylum and Migration Management Regulation]. / 3. The Commission shall consult the Member State concerned during its assessment. / 4. The Commission shall immediately notify the European Parliament, the Council and the Member States that it is undertaking such an asse…

Added:Article 2 a (new): Article 2a / Solidarity Response Plans in a situation of crisis / 1. Where the decision referred to in Article 1c indicates that a Member State is in a situation of crisis, the contributing Member States, which are not themselves benefitting Member States, shall 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 referred to in Article 2b, Member States shall prioritise the relocation of vulnerable persons, in particular unaccompanied minors and victims of trafficking, and, in case of a situation of crisis, beneficiaries of prima facie international protection granted in accordance with Article 10. / 2. Where the total amount of relocation contributions needed to address the situation of crisis referred to in Article 1c(3), point (c), exceeds the remaining relocation contributions in the annual solidarity pool referred to in point Article 1c(3), point (d), Member States shall submit to the Commission a Solidarity Response Plan five days of the adoption of the decision on the situation of crisis referred to in Article 1c(5). The Solidarity Response Plan shall indicate the Member State’s proposed amount of relocation contributions, and the category (ies) of persons to be relocated pursuant paragraph 1 of this …

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Changed:Article 2 b (new): Article 2b / Decision on a2 situationb of/ crisisCommission /implementing 1.act Theon Commissionmandatory shallrelocation adoptto abe decisionundertaken onin a situation of a crisis following/ the1. requestWhere forArticle an2a assessmentis carriedapplicable, outthe pursuantCommission toshall Articleadopt 2a,an noimplementing lateract, thanwithin one week afterof the notification referredentry tointo inforce Articleof 2a(4),the anddelegated submitact itreferred to the Europeanin ParliamentArticle and1c(5), thesetting Council.out: / 2.(a) Inthe itsdistribution decision,of the Commission shalladditional indicaterelocation whethercontributions theas Memberestablished Statein concernedthe isdecision inon a situation of crisis.crisis /pursuant 3.to WhereArticle the1c(3), Commissionpoint concludes(e) thatamong the Member Statecontributing concernedMember isStates, inon athe situationbasis of crisis, the decisionreference onkey aset situationout ofin crisisArticle shall2c, identify:or, /where (a)a theSolidarity capacityResponse ofPlan theproposes Memberrelocation Statecontributions concernedhigher inthan the fieldminimum share of migrationa management,contributing inMember particularState asylumpursuant asto wellArticle as2c, itson overallthe needsbasis inof orderthe toproposed managerelocation itscontributions asylumlisted caseload;in /the (b)Solidarity theResponse measuresPlan thatfor thethat Member StateState; concerned/ should(b) takethe indistribution of the fielddifferent categories of migrationpersons management,to andbe inrelocated particularas established in the field ofdecision asylum;on /a (c)situation theof appropriatecrisis amountpursuant ofto relocationArticle contributions1c(3), neededpoint to(c), addressamong the situationcontributing ofMember crisisStates, andin accordance with the expectedSolidarity timeframeResponse forPlans. the/ implementation(c) ofwhere thoseone contributions;or /more (d)Member theStates categorieshave ofnot personssubmitted asa referredSolidarity toResponse inPlan, Articlethe 2c(1)mandatory toshare beof relocatedrelocation bycontributions of the contributingMember State or Member States;States /concerned, 4.taking Theinto Commissionaccount shallthe adoptneeds identified in the decision on athe situation of crisis by meanspursuant ofto aArticle delegated1c actand in accordance with the reference key set out in Article 122c. b./ (d) where the Commission considers that the amount of relocatio…

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Changed:Article 2 c (new): Article 2c / SolidarityReference Responsekey Plans/ in1. aThe situationshare of crisisrelocation /contributions 1.of Whereeach thecontributing decisionMember referredState topursuant into Article 2b indicatesshall thatbe acalculated Memberby Statethe isEUAA, in a situation ofaccordance crisis,with the contributingformula Memberbased States,on whichthe arefollowing themselvescriteria notfor benefittingeach Member States,State, shallaccording contributeto throughthe relocationlatest ofavailable applicantsEurostat fordata: international/ protection,(a) regardlessthe ofsize whetherof suchthe applicantspopulation(50% areweighting); subject/ to(b) the border procedure,total andGDP(50% ofweighting); beneficiaries/ of2. internationalWhere protectionrelocation whocontributions have been granted international protection less than three years beforemade theby adoptiona ofcontributing theMember delegatedState actin referredresponse to ina Articlerequest 2d.by Membera Statesbenefitting shallMember prioritiseState thefor relocation of vulnerable persons,support in particular unaccompanied minors, and, inorder caseto ofprevent a situation of crisis referredon toits interritory Articlewithin 1a(1)(a),the beneficiariestwo ofmonths primapreceding faciethe internationalnotification protectionreferred grantedto in accordance with Article 10a.1b(2), /and 2.where Withinthey onecorrespond weekto ofrelocation themeasures adoptionset ofout in the decision on thea situation of crisis referredpursuant to in Article 2b, Member States shall1c, submitpoint to(e), the Commission a Solidarity Response Plan. The Solidarity Response Plan shall indicate the Member State’s proposed amount of relocation contributions, including the categories of persons to be relocated pursuant paragraph 1 of this Article. Member States shall also indicate the detailed arrangements and timeframe for the implementation ofdeduct those proposedcontributions contributions.from /that Acontributing Member State proposing relocation contributionsState’s setshare outcalculated in the firstaccordance subparagraphwith maythe requestdistribution areference deductionkey ofreferred 10%to ofin itsparagraph …1.

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Changed:Article 2 d (new): Article 2d / Commission delegated actEU onRelocation measuresCoordinator to/ be1. takenWith ona inview situationsto ofsupporting crisismandatory /relocation 1.as Withinestablished onein weekthis ofRegulation, the submissionEU ofRelocation theCoordinator, Solidarityas Responseestablished Plansby pursuantArticle to58a Articleof 2c(2),Regulation the(EU)XXX/XXX Commission[Asylum shalland adoptMigration aManagement delegatedRegulation], act,shall, in accordanceaddition withto Articlethe 12a.tasks /listed 2.under Thethat CommissionArticle shall,: by/ means(a) ofremain ain delegatedclose act:,contact /with (a)the inasylum aauthorities situationin ofthe crisisbenefitting referredMember toState, in Articlecharge 1a(1)(a):of /implementing (i)the establishprima whetherfacie thegranting derogationof foreseeninternational protection, in Articleaccordance 6with isArticle to1c be(3), triggered;point /(a), (ii)in establishview thatof therecoordinating isand asupporting needtheir torelocation prioritisein pursuantaccordance towith Article 10a(2), a1c(3), certainpoint group(c) of; applicants/ for(b) primacoordinate faciethe internationalcooperation protection,between whereMember theirStates applicationand forbetween internationalthe protectionrelevant isAgencies, likelyin toall berelocation well-founded;efforts, /in (iii)particular definein the specific countryrelocation of origin, orthe aprioritised partcategories, ofreferred ato specificin countryArticle of2a(1) origin,; or/ the(c) specificpromote groupcoherent ofworking applicantsmethods onfor the basisverification of other well-defined criteria, drawn from Regulation (EU)any XXX/XXXmeaningful [Qualificationlinks Regulation]with incertain respectMember ofStates thefor persons referredeligible tofor inrelocation pointin Articlecoordination 10awith (1),the andEUAA; where/ their(d) applicationpromote fora internationalculture protectionof ispreparedness, likelycooperation toand beresilience well-founded;among /Member (b)States in athe situationfield of crisis referred to inasylum Articleand 1a(1),migration, including anthrough imminentthe risksharing of atheir situationbest ofpractices. crisis,/ set2. out,With ina additionview to theexercising measureshis referredor toher intasks, underthe pointEU (a)Relocation ofcoordinator thisshall paragraph:be /updated (i)by the distribution ofEU personsMigration toPreparedness beand relocatedCrisis asManagement establishedNetwork in the decision on a situationframework of crisisthe pursuantrelevant tostages Articleof 2bthe (3)(c),Migration amongPreparedness theand contributingCrisis MemberBlueprint. States,/ on3. theBy basisway of thederogation distributionof keyArticle se…58a(…

Change 17

Removed:Article 2 e (new): Article 2e / Distribution key / The share of relocation contributions by each contributing Member State in accordance with Article 2d shall be calculated by the Asylum Agency, in accordance with the formula based on the following criteria for each Member State, according to the latest available Eurostat data: / (a) the size of the population(40% weighting); / (b) the total GDP(40% weighting); / (c) the unemployment rate(20% weighting).

Added:Article 2 e (new): Article 2e / Procedure before relocation / 1. Where relocation is applicable, the benefitting Member State shall identify the persons who could be relocated, in cooperation with the EU Relocation Coordinator and the EUAA, and under the coordination of the Commission. / 2. The rules set out in Articles 14 to 25 of the Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation] shall not apply to applicants eligible for relocation. / 3. The contributing Member State shall be determined on the basis of the existence of meaningful links between the person concerned and the contributing Member State. Meaningful links shall be considered to exist where information provided by the applicants contains sufficient indicators for their establishment and where that information does not give rise to doubts regarding the existence of such meaningful links. / The meaningful links shall be applied in the hierarchical order set out below in Articles 15 to 21 and Article 24 of Regulation (EU) XXX/XXX [Asylum and Migration Management]: / For the purposes of this Regulation, a relative means ‘the applicant’s or beneficiary’s adult children, siblings, cousins, adult aunt or uncle or grandparent who is present in the territory of a Member State, regardless of whether the applicant or beneficiary was born in or out of wedlock or adopted as defined under national law’; / Where no meaningful links can be identified, the preference of the applicant or beneficiary of international protection o…

Removed:Article 2 f (new): Article 2f / EU Relocation Coordinator / 1. With a view to supporting the mandatory relocation established in this Regulation, the Commission shall appoint an EU Relocation Coordinator, who will act as a contact point, in order to coordinate the relocation activities from the benefitting Member to the contributing Member States implementing their obligations referred to in Article 2d. / 2. The EU Relocation Coordinator shall: / (a) coordinate and support communication between the Member States involved; / (b) keep an overview of the persons eligible for relocation, and follow up on the ongoing relocations, and on the contributions of the Member States involved; / (c) organise, at regular intervals, meetings between the authorities of the benefitting Member State found to be in a situation of crisis and the contributing Member States, to establish the needs, including at an operational level, in order to facilitate the best interaction and cooperation among Member States, in the interest of the persons eligible for relocation and the efficiency of the mandatory relocation mechanism; / (d) promote best practices in the field of relocation.

Added:Article 2 f (new): Article 2 f / Procedure after relocation / 1. The contributing Member State shall inform the benefitting Member State, the EU relocation coordinator and the EUAA whether the person concerned arrived within the set time limit. / 2. Where the contributing Member State has relocated an applicant for international protection, that Member State shall also be the Member State responsible for examining the application for international protection. The contributing Member State shall indicate its responsibility in Eurodac pursuant to Article 11(1) of Regulation (EU) XXX/XXX [Eurodac Regulation]. / 3. Where the contributing Member State has relocated a beneficiary of international protection, the contributing Member State shall automatically grant the corresponding international protection status to that person.

Removed:Article 2 g (new): Article 2g / Procedure before relocation / 1. The procedure set out in this Article shall apply to persons referred to in Article 2d. / 2. Before identifying an applicant for international protection as a person who could be relocated, the benefitting Member State shall determine the Member State responsible for examining the relevant application. / Applicants for whom the benefitting Member State is determined as the Member State responsible pursuant to Articles 15 to 20 and 24 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation], with the exception of Article 15(5), shall not be identified as a person who could be relocated. / Applicants for whom another Member State is determined as the Member State responsible pursuant to Articles 15 to 20 and 24 of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation], with the exception of Article 15(5), shall not be identified as a person who could be relocated. Those applicants shall be subject to the relevant provisions of Chapters IV to VII of Part III of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation]. / 3. Before applying the procedure set out in this Article, the benefitting Member State shall ensure that there are no reasonable grounds to consider the person concerned a danger to national security or to public order of that Member State. If there are reasonable grounds to consider the person a danger to national security or public order, the benefitting Member State shall no…

Added:Article 2 g (new): Article 2g / Operational Coordination / Upon request of the benefitting Member State, and in full cooperation and coordination with the EU Relocation Coordinator and the EUAA, the Commission shall coordinate the operational aspects of the relocation contributions proposed by the contributing Member States, including / (a) any assistance by experts or teams deployed by the EUAA or the European Border and Coast Guard Agency; / (b) organising, at regular intervals, meetings between the authorities of different Member States, to establish the needs, including at an operational level; / (c) taking stock of reception facilities needs for persons arriving at the external borders, in accordance with standards established in Directive XXX/XXX/EU [Receptions Conditions Directive recast]; / The EUAA shall provide operational assistance to ensure the smooth implementation of the relocation procedures. Member States shall rely on the EUAA for assistance in training, operational and technical assistance and with regard to the operation of the migration management teams on the basis of Articles 16 and 21 of Regulation (EU) 2021/2303.

Removed:Article 2 h (new): Article 2 h / Procedure after relocation / 1. The contributing Member State shall inform the benefitting Member State whether the person concerned arrived within the set time limit. / 2. Where the contributing Member State has relocated an applicant for international protection, that Member State shall also be the Member State responsible for examining the application for international protection. The contributing Member State shall indicate its responsibility in Eurodac pursuant to Article 11(1) of Regulation (EU) XXX/XXX [Eurodac Regulation]. / 3. Where the contributing Member State has relocated a beneficiary of international protection, the contributing Member State shall automatically grant international protection status to that person on the same basis.

Added:Article 2 h (new): Article 2h / Support from Union bodies, offices and agencies / 1. The Union bodies, offices and agencies acting in the field of asylum, border and migration management shall, within their respective mandates, provide support to the Member States and the Commission with a view to ensuring the proper implementation and functioning of this Regulation. / For the purpose of the first subparagraph, the relevant Union bodies, offices and agencies may provide competent authorities in the Member States with analysis, expertise and operational support. / 2. Where requested by a Member State, a Union body, office or agency shall provide it with support. The Commission or a Union body, office or agency may, on its own initiative, propose to provide a specific Member State with support.

Removed:Note that in this draft, the Dublin check has been deleted.

Added:Article 2 i (new): Article 2i / Financial support / 1. Funding pursuant to Article 11(9) and Annex II (2.)(d) of Regulation (EU) 2021/1147 shall be allocated to local and regional authorities and organisations of the contributing Member States supporting integration following relocation. / 2. Emergency funding support for a Member State in a situation of crisis may be allocated pursuant to Article 31(1), point (a) of Regulation (EU) 2021/1147, including for the construction, maintenance 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].

Removed:Article 2 i (new): Article 2i / Other obligations / The benefitting and contributing Member States shall keep the Commission informed on the implementation of relocation measures taken on a bilateral level.

Removed:To be deleted?

Removed:Article 2 j (new): Article 2j / Operational Coordination / Upon request, and in full cooperation and coordination with the EU Relocation Coordinator, the Commission shall coordinate the operational aspects of the relocation contributions proposed by the contributing Member States, including any assistance by experts or teams deployed by the Asylum Agency or the European Border and Coast Guard Agency. The operational assistance by the Asylum Agency shall intervene for the benefit of a smooth implementation of the relocation processes. Member States shall rely on the Asylum Agency for assistance in training, operational and technical assistance and within the operation of the migration management teams on the basis of Articles 16) and 21 of Regulation (EU) XXX/XXX [European Union Asylum Agency Regulation].

Removed:Article 2 k (new): Article 2k / Financial support / 1. Funding support following relocation pursuant to Articles 2b to 2h of this Regulation shall be implemented in accordance with Article 20) of Regulation (EU) 2021/1147 of the European Parliament and of the Council of 7 July 2021 establishing the Asylum, Migration and Integration Fund 1a, based on the objective referred to in Article 3(2)(d) of that Regulation. / 2. Emergency funding support for the Member State in a situation of crisis may be accorded pursuant Article 31 (1)(a)and (b) of Regulation (EU) 2021/1147. / 3. Funding pursuant toArticle 9(1), Article 11(9) and Annex II(2.)(d) and Annex IV of Regulation (EU) 2021/1147 may be allocated to local and regional authorities and organisations supporting relocation efforts by their Member States. / 1a OJ L 251, 15.7.2021, p. 1

Removed:Chapter III – title: Asylum procedures in a situation of crisis

Article 3: deleted

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Removed:Article 4: deleted / (deleted) / (deleted) / (deleted) / (deleted)

Added:Article 4 – paragraph 1: 1. In a situation of crisis, and in accordance with the procedures laid down in Article 1c(3), point (d), Member States may, as regards applications made within the period during which this Article is applied, derogate from Article 41(11) and (13) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], by prolonging the maximum duration of the border procedure for the examination of applications set out in that Article by an additional period of maximum four weeks. Following that period, the applicant shall be authorised to enter the Member State’s territory for the completion of the procedure for international protection. / (deleted) / (deleted)

Removed:Article 5: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Added:Article 4 – paragraph 1 a (new): 1a. Applicants in a vulnerable situation, including due to their state of health, minor applicants and their family members, shall be always excluded from the asylum crisis management border procedure. The best interests of the child and family life and of the third-country national concerned shall be taken into account throughout the procedure.

Removed:Article 6 – paragraph 1: 1. In a situation of crisis as referred to in Article 1a(1)(a), applications made within three weeks from the adoption of the delegated act referred to in Article 2 d shall be registered within a period of three weeks from when they are made, in accordance with Article 25 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], by way of a single and temporary derogation from Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation].

Added:Article 4 – paragraph 1 b (new): 1b. For applicants to whom the prima facie international protection is applicable in accordance with this Regulation, the asylum procedure referred to in Article 10 shall apply.

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Changed:Article 64 – paragraph 1 ac (new): 1a. The Member State in1c. aDuring situationthe ofasylum crisis shallmanagement requestprocedure, the assistance of allbasic authoritiesprinciples thatof arethe ableright to increase,asylum atand shortthe notice,respect theof humanthe resourcesprinciple of itsnon-refoulement responsibleas authoritieswell inas accordancethe withguarantees Articleforeseen 5in (3)Chapter II of the Regulation (EU) XXX/XXX [Asylum Procedures Regulation] andshall apply to ensure that the assistancerights of expertsthose deployedwho byseek theinternational Europeanprotection, Agencyincluding forthe Asylumright into accordancean witheffective Articleremedy, 5are (4)(b)protected. ofAsylum Regulationstaff, (EU)medical XXX/XXXstaff, [Asylumlegal Proceduresrepresentatives, Regulation],non-governmental organisations, and ArticleUnion 16(2)(b)institutions and Article 21(3)(d)agencies ofshall Regulationalways (EU)be XXX/XXXallowed [Europeanto Unionaccess Asylumborder Agencyprocedure Regulation].facilities.

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Changed:Article 64 – paragraph 1 bd (new): 1b.1d. InThe accordanceMember withState Articlein 3a situation of Directivecrisis XXX/XXX/EUshall [Receptionprovide Conditionsfor Directive]),additional and Regulation (EU) XXX/XXX [Asylumsufficient Procedureshuman Regulation],and applicantsmaterial forresources internationalto protectionbe shallable benefitto frommeet theirits rightsobligations under Directive XXX/XXX/EU [Reception Conditions Directive] and Regulation (EU) XXX/XXX [Asylum Procedures Regulation], as soon as they make an application, regardless of when the registration takes place. / The responsible authority of the Member State in a situation of crisis shall provide the applicant with a document, indicating the moment of the making of the application.Directive].

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Removed:Article 6 – paragraph 1 c (new): 1c. The Member State in a situation of crisis shall provide for additional and sufficient human and material resources to meet its obligations under Directive XXX/XXX/EU [Reception Conditions Directive].

Added:Article 5 – paragraph 1 – introductory part: 1. In a situation of crisis, and in accordance with the procedures laid down in Article 1c(3), point (d), Member States may, in respect of irregularly staying third-country nationals or stateless persons whose applications were rejected in the context of the asylum crisis management procedure pursuant to Article 4, and who have no right to remain and are not allowed to remain, derogate from Article 41a of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] as follows:

Added:Article 5 – paragraph 1 – point a: (a) By way of derogation from Article 41a(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], the maximum period during which third-country nationals or stateless persons shall be kept at the locations referred to in that Article may be prolonged by an additional period of maximum four weeks;

Added:Article 5 – paragraph 1 – point b: (b) By way of derogation from Article 41a(7) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], the period of detention set in that Article shall not exceed the period referred to in point (a) and shall be included in the maximum periods of detention set in Article 15 (5) and (6) of Directive XXX/XXX/EU [Return Directive].

Added:Article 5 – paragraph 1 – point c: deleted

Added:Article 5 – paragraph 2: deleted

Added:Article 5 – paragraph 2 a (new): 2 a. Asylum staff, medical staff, legal representatives, non-governmental organisations, and Union institutions and agencies shall always be allowed to access border procedure facilities.

Added:Article 6 – paragraph 1: 1. In a situation of crisis, applications made within four weeks from the adoption of the delegated act referred to in Article 1c shall be registered within a period of four weeks from when they are made, in accordance with Article 25 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], by way of a single and temporary derogation from Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation].

Added:Article 6 – paragraph 1 a (new): 1a. The Member State in a situation of crisis shall request the assistance of all authorities that are able to increase, at short notice, the human resources of its responsible authorities in accordance with Article 5(3) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] and the assistance of experts deployed by the EUAA in accordance with Article 5(4), point (b) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], and Article 16(2), point (b) and Article 21(3), point (d) of Regulation (EU) 2021/2303.

Added:Article 6 – paragraph 1 b (new): 1b. In accordance with Article 3 of Directive XXX/XXX/EU [Reception Conditions Directive] and Regulation (EU) XXX/XXX [Asylum Procedures Regulation], Member States shall ensure that applicants for international protection are able to access and exercise their rights effectively under those instruments as soon as they make an application, regardless of when the registration takes place. / The responsible authority of the Member State in a situation of crisis shall provide the applicant with a document in a language that the applicant understands or is reasonably supposed to understand, indicating the moment of the making of the application.

Added:Chapter IV – title: deleted

Article 7: deleted / (deleted) / (deleted) / (deleted)

Article 8: deleted

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Added:Article 8 a (new): Article 8a / Postponement of transfers procedures referred to in Section IV, Chapter V of Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation] / A requesting Member State shall not carry out a transfer to a Member State in a situation of crisis pursuant to Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation], except on the basis of Articles 15 to 18 and 24 of that Regulation, until the Member State responsible is no longer in a situation of crisis. Once the transfer has been pending for six month, cessation of responsibility for the Member State in a situation of crisis shall apply. Such cessation of responsibility shall be without prejudice to the possibility for the requesting Member State to assume responsibility at any time for the applicant in respect of whom the transfer was pending. The applicant subject to the transfer shall benefit from the reception conditions set out in Article 16 of Directive (EU) XXX/XXX [Reception Conditions Directive].

Article 9: deleted / (deleted) / (deleted) / (deleted)

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Added:Article 9 a (new): Article 9 a / Exemption of obligations as regards relocation in a situation of crisis / The Member State in a situation of crisis shall be exempted from its obligation to undertake relocation pursuant to Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation] and Articles 1c and 2b of this Regulation.

Chapter V – title: Granting of prima facie international protection

Change 24

Removed:Article 10: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Added:Article 10 – title: Granting prima facie international protection

Removed:Article 10 a (new): Article 10a / Granting prima facie international protection / 1. In a situation of crisis as referred to in Article 1a(1)(a), and on the basis of the delegated act referred to in Article 2d, Member States shall grant, prima facie international protection in accordance with Regulation (EU) XXX/XXX [Qualification Regulation] in respect of applicants of a specific country of origin or part(s) of it or with regard to specific groups of applicants pursuant to paragraph 5 of this Article. Consultations with UNHCR and other relevant organisations shall take place ahead of the adoption of the delegated act. / 2. For applicants referred to in paragraph 1, their application for international protection shall be prioritised in accordance with the basic principles and guarantees of Chapter II, of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] based on Article 33(5)(a) of that Regulation. As these applications for international protection are likely to be well-founded, the examination of the applications shall not last longer than one month from their registration. / 3. The applicants referred to in paragraph 1 shall be granted international protection, unless they represent a danger to the national security or public order of the Member State. / 4. Beneficiaries of international protection granted in accordance with this Article shall have effective access to all the rights laid down in Regulation (EU) XXX/XXX [Qualification Regulation], corresponding to their protection status. …

Added:Article 10 – paragraph 1: 1. In a situation of crisis, and on the basis of the delegated act referred to in Article 1c(1) and (5), Member States shall grant, prima facie, international protection in accordance with Regulation (EU) XXX/XXX [Qualification Regulation], in respect of applicants identified in paragraph 4, point (c) of this Article.

Removed:Article 10 b (new): Article 10b / End of a situation of crisis / The Commission shall adopt a delegated act in accordance with Article 12a to determine whether the situation of crisis in a Member State has ended, based on the same criteria as listed in Article 2a.

Added:Article 10 – paragraph 2: deleted

Added:Article 10 – paragraph 2 a (new): 2a. Consultations with the relevant Union Agencies, UNHCR and other relevant organisations shall take place ahead of the adoption of the delegated act.

Added:Article 10 – paragraph 3: deleted

Added:Article 10 – paragraph 4 – introductory part: 4. For the purposes of paragraph 1, in the delegated act, the Commission shall: