What changed between the draft committee report and the plenary report

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

5 unchanged paragraphs

on the proposal for a regulation of the European Parliament and of the Council on asylum and migration management and amending Council Directive (EC) 2003/109 and the proposed Regulation (EU) XXX/XXX [Asylum and Migration Fund]

(COM(2020)0610 – C90309/2020 – 2020/0279(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2020)0610),

Changed:– having regard to Article 294(2) and Article 78(2)(e)78(2), point (e), and Article 79(2)(a)(b)79(2), points (a), (b) and (c)(c), of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90309/2020),

Added:– having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

4 unchanged paragraphs

– 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, the Hungarian Parliament and the Slovak 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 25 February 2021,

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

Changed:– having regard to RuleRules 59 and 40 of its Rules of Procedure,

Changed:– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A90000/2021),(A9-0152/2023),

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

2. Calls on the Commission to refer the matter to the 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

Removed:Recital 3: (3) This Regulation should contribute to that comprehensive approach by setting out a common framework for the actions of the Union and of the Member States in the field of asylum and migration management policies, by upholding and elaborating on the principle of solidarity and fair sharing of responsibility in accordance with Article 80 of the Treaty on the Functioning of the European Union (TFEU). Member States should therefore take all necessary measures, inter alia, to provide access to international protection and adequate reception conditions to those in need, to enable the effective application of the rules on determining the Member State responsible for examining an application for international protection, to return illegally staying third-country nationals, to prevent irregular migration and unauthorised movements between them, and to provide support to other Member States in the form of solidarity contributions, as their contribution to the comprehensive approach.

Added:Citation 1: Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(2)(e) and Article 79(2)(a)(b) and (c) and Article 80 thereof,

Removed:Recital 4: (4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair treatment of third-country nationals applying for international protection or residing legally in Member States, the efficient return of those third-country nationals who do not fulfil the conditions for residence in the territory of the Member States, and the prevention of, and enhanced measures to combat, illegal migration and migrant smuggling in accordance with Article 79(1), (2) and (3) TFEU.

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, immigration and management of the external borders of the Union, based on solidarity and fair sharing of responsibility between Member States, which is fair towards third-country nationals and fully respects the rights of asylum-seekers, refugees and migrants.

Removed:Recital 8: (8) The Commission should adopt a long-term European Asylum and Migration Management Strategy (the 'Strategy') on the implementation of asylum and migration management policies. The Strategy should be based on relevant reports and analyses produced by Union agencies and on the national strategies of the Member States.

Added:Recital 2: (2) To this end, a comprehensive approach is required with the objective of reinforcing mutual trust between Member States which should bring together policy in the areas of asylum and migration management, recognising that the effectiveness of such an approach depends on all components being jointly addressed, in an integrated manner and properly implemented.

Removed:Recital 11: (11) Considering the importance of ensuring that the Union is prepared and able to adjust to the developing and evolving realities of asylum and migration management, the Commission should adopt an annual situational report, including an evaluation of its Strategy. The annual situational report should also set out, inter alia, the likely evolution of the migratory situation and the preparedness of the Union and the Member States to respond and adapt to it. The annual situational report should also include the results of the reporting on monitoring foreseen in the national strategies and should propose improvements where weaknesses are apparent.

Added:Recital 3: (3) This Regulation should contribute to that comprehensive approach by setting out a common framework for the actions of the Union and of the Member States in the field of asylum and migration management policies, by upholding and elaborating on the principle of solidarity and fair sharing of responsibility in accordance with Article 80 of the Treaty on the Functioning of the European Union (TFEU). Member States should therefore take all necessary measures, inter alia, to provide access to international protection and adequate reception conditions to those in need, to promote safe and legal pathways, to enable the effective application of the rules on determining the Member State responsible for examining an application for international protection, to fairly and effectively return those third-country nationals who do not fulfil the conditions for residence in the territory of the Member States, to prevent irregular migration and unauthorised movements between them, to prevent and fight migrant smuggling and human trafficking whilst protecting the rights of smuggled and trafficked people, and to provide support to other Member States in the form of solidarity contributions, as their contribution to the comprehensive approach.

Removed:Recital 12: (12) In order to ensure that the necessary tools are in place to assist Member States in dealing with challenges that may arise due to the presence on their territory of third-country nationals that are vulnerable applicants for international protection, regardless of how they crossed the external borders, the annual situational report should also indicate whether the Member States are faced with such challenges.

Added:Recital 4: deleted

Removed:Recital 13 a (new): (13a) In light of the recent rapidly changing migratory situations, which have led to complex migratory challenges and considerable migratory pressure on individual Member States along the external border of the Union, there is a need to introduce a new mechanism when a Member State is at risk of migratory pressure. Such mechanism should include a rapid and comprehensive response by the Commission and the Union's bodies, offices and agencies to provide the Member State concerned with operational, legal, diplomatic and financial support in order to reduce the risk of migratory pressure.

Added:Recital 5: (5) The common framework is needed in order to effectively address the increasing phenomenon of mixed arrivals of persons in need of international protection and those who are not and in recognition that the responsibility for arrivals of irregular migrants and asylum-seekers in the Union should not have to be assumed by individual Member States alone, but by the Union as a whole.

Removed:Recital 15: (15) To strengthen cooperation with third countries in the areas of border and migration management, including the return of illegally staying third-country nationals, it is necessary to develop a new mechanism. That mechanism should include all relevant EU policies and tools to improve the coordination of the different actions in various policy areas other than migration that the Union and the Member States may take for that purpose. That mechanism should build on the analysis carried out in accordance with Regulation (EU) 810/2019 of the European Parliament and of the Council38 or of any other information available, and take into account the Union’s overall relations with the third country. That mechanism should also serve to support the implementation of return sponsorship.

Added:Recital 6: (6) In order to ensure coherence and effectiveness of the actions and measures taken by the Union and its Member States acting within their respective competencies, there is a need for integrated policy-making in the field of asylum and migration management, including both its internal and external components, in compliance with international and Union law, ensuring coherence between asylum and migration management policies which is part of the integrated policy-making approach.

Removed:Recital 15 a (new): (15a) In order to implement the mechanism, the Union should fully apply the Neighbourhood, Development and International Cooperation Instrument – Global Europe, established by Regulation(EU) 2021/947 of the European Parliament and of the Council38a, with at least 10 % of the total budget of that instrument dedicated specifically to actions supporting the management and governance of migration and forced displacement. / 38a Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021 establishing the Neighbourhood, Development and International Cooperation Instrument – Global Europe, amending and repealing Decision No 466/2014/EU and repealing Regulation (EU) 2017/1601 and Council Regulation (EC, Euratom) No 480/2009 (OJ L 209, 14.6.2021, p. 1).

Added:Recital 7: (7) Member States should have sufficient human, material and financial resources and infrastructure to effectively implement asylum and migration management policies, and allocate adequate staff for their competent authorities, in terms of level, expertise, training and independence, in particular for the determination of the Member State responsible for examining and application for international protection and should ensure appropriate coordination between the relevant national authorities as well as with the national authorities of the other Member States.

Removed:Recital 15 b (new): (15b) The mechanism should take into account the resolution of the European Parliament of 25 November 2020 on improving development effectiveness and the efficiency of aid.38b / 38b Not yet published in the Official Journal.

Added:Recital 8: (8) The Commission should adopt a long-term European Asylum and Migration Management Strategy (the 'Strategy') on the implementation of asylum and migration management policies at Union level, in accordance with the principles set out in this Regulation and in Union primary law and applicable international law. The Strategy should be based on relevant reports and analyses produced by Union agencies, bodies and offices, and on the national strategies of the Member States, setting out the approach to managing asylum and migration at Union level. It should include access to asylum procedures and should take into account the relevant jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights.

Removed:Recital 17: deleted

Added:Recital 9: (9) National strategies of the Member States should serve to ensure their capacity to effectively implement their asylum and migration management system, in full compliance with their obligations under Union and international law. They should include preventive measures to reduce the risk of migratory pressure as well as information on contingency planning and on the implementation of the principles of integrated policy-making and of solidarity and fair sharing of responsibility of this Regulation and legal obligations stemming therefrom at national level. To this end, the duties of the Member States in respect of their competences should be clearly defined. The Commission and relevant Union bodies, offices and agencies, and in particular the Asylum Agency, should be able to support the Member States when establishing their national strategies.

Removed:Recital 18: (18) Given the specific characteristics and recurring nature of disembarkations arising in the context of search and rescue operations, this Regulation should especially take into account the vulnerability of persons arriving from disembarkations.

Added:Recital 10: (10) In order to ensure that an effective monitoring system is in place to ensure the application of the asylum acquis, the results of the monitoring undertaken by, the European Union Asylum Agency and the European Border and Coast Guard Agency, and other relevant bodies, offices, agencies or organisations, of the evaluation carried out in accordance with Council Regulation (EU) 2022/9221a as well as those carried out in line with Article 7 of Regulation (EU) XXX/XXX [Screening Regulation] should also be taken into account in these strategies. / 1a Council Regulation (EU) 2022/922 of 9 June 2022 on the establishment and operation of an evaluation and monitoring mechanism to verify the application of the Schengen acquis, and repealing Regulation (EU) No 1053/2013 (OJ L 160, 15.6.2022, p. 1).

Removed:Recital 19: deleted

Added:Recital 11: (11) Considering the importance of ensuring that the Union is prepared and able to adjust to the developing and evolving realities of asylum and migration management, the Commission should monitor and provide information on the asylum, reception and migratory situation over the previous 12-month period as a whole. The Commission should annually adopt a situational report, including an evaluation of its strategy. The situational report should set out, inter alia, the likely evolution of the migratory situation and the preparedness of the Union and the Member States to respond and adapt to the evolution of the migratory situation, ensuring their engagement and participation in solidarity and responsibility sharing. The situational report should also include the results of the reporting on monitoring foreseen in the national strategies, assessing Member States’ implementation and compliance with relevant Union law and should propose improvements where weaknesses are apparent.

Removed:Recital 20: deleted

Added:Recital 12: (12) In order to ensure that the necessary tools are in place to assist Member States in dealing with challenges that may arise due to the presence on their territory of third-country nationals that are vulnerable applicants for international protection, regardless of how they crossed the external borders, the annual situational report should also indicate whether the said Member States are faced with such challenges. Those Member States should also be able to rely on solidarity contributions foreseen in this Regulation and the relocation of persons in a vulnerable situation should be prioritised.

Added:Recital 13: (13) For the effective implementation of the common framework and to identify gaps, address challenges and prevent the building up of pressure on asylum and reception systems, the Commission should monitor and regularly report on the migratory situation and the implementation of the Union asylum acquis.

Added:Recital 14: deleted

Added:Recital 15: (15) To strengthen cooperation with third countries on asylum and migration, including readmission it is necessary to promote and build tailor-made and mutually beneficial partnerships with those countries. Close cooperation and partnerships with third countries should address causes and drivers of irregular migration and forced displacement. Such partnerships should provide a framework for better coordination of policies with third countries, and be based on human rights, rule of law and the respect of the Union’s common values. The Commission should evaluate the efficiency and fundamental rights compliance of those partnerships annually.

Added:Recital 15 a (new): (15a) In order to take actions to promote joint objectives and cooperation with third countries, the Union should fully apply the Neighbourhood, Development and International Cooperation Instrument - Global Europe, established by Regulation (EU) 2021/947 of the European Parliament and of the Council1a. / 1a Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021 establishing the Neighbourhood, Development and International Cooperation Instrument – Global Europe, amending and repealing Decision No 466/2014/EU of the European Parliament and of the Council and repealing Regulation (EU) 2017/1601 of the European Parliament and of the Council and Council Regulation (EC, Euratom) No 480/2009 (OJ L 209, 14.6.2021, p. 1).

Added:Recital 15 b (new): (15b) Capacity building measures in third countries carried out for the purposes of this Regulation should be limited to those set out in this Regulation and should uphold and promote the Union’s values, principles and fundamental interests and be in full compliance with fundamental rights and the rights set out in the Charter of Fundamental Rights, including the right to protection.

Added:Recital 16: (16) In order to ensure a fair sharing of responsibility and a balance of effort between Member States, a binding solidarity mechanism should be established which is effective and ensures swift access to fair and efficient procedures for granting international protection. Such a mechanism should provide for true solidarity as enshrined in Article 80 of the TFEU and should prioritise relocation while also allowing for capacity building measures within the Union. Measures should be predictable and able to adapt quickly to the evolving nature of the migratory challenges facing a Member States, in particular those under migratory pressure, including as a result of recurring arrivals by sea and through disembarkations following search and rescue operations. Relocation of applicants and beneficiaries should ensure that family and other meaningful links of the applicant are taken into account.

Added:Recital 16 a (new): (16a) To ensure a smooth functioning of the relocation of applicants and beneficiaries under this Regulation, an EU Relocation Coordinator should be appointed by the Commission. The EU Relocation Coordinator should monitor and coordinate the operational aspects of relocations and should act as a central point of contact. The EU Relocation Coordinator should assist in solving conflicts arising between Member States in the implementation of this Regulation. The EU Relocation Coordinator should, in cooperation with 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. The office of the EU Relocation Coordinator should be provided with sufficient staff and resources to effectively fulfil this role.

Added:Recital 17: (17) Given the need to ensure the smooth functioning of the solidarity mechanism established in this Regulation, a Solidarity Forum comprising the representatives of all Member States should be established and should be convened and chaired by the EU Relocation Coordinator on behalf of the Commission. The Asylum Agency and, where appropriate and invited by the EU Relocation Coordinator, the European Border and Coast Guard and the European Union Agency for Fundamental Rights, should participate in the Solidarity Forum. To ensure the effectiveness of the Solidarity Forum meetings, Member State representatives should be empowered to take decisions.

Added:Recital 18: (18) Given the specific characteristics of recurring arrivals by sea, in particular of disembarkations, arising in the context of search and rescue operations, this Regulation should take into account the vulnerability of persons arriving from such disembarkations and provide for fast and effective solidarity measures.

Added:Recital 19: (19) The Commission should adopt annually a delegated act establishing a pool of solidarity contributions (‘the solidarity pool’) with the aim of assisting the Member State under migratory pressure or likely to be under such pressure, including where this pressure is caused by recurring arrivals by sea, including disembarkations following search and rescue operations or activities. Such measures should comprise applicants for international protection or beneficiaries of international protection or measures to strengthening of capacity in the field of asylum and reception, or operational support.

Added:Recital 19 a (new): (19a) Where the annual solidarity pool has not been used, in whole or in part, at the end of a one year period, the anticipated solidarity contributions with regard to which no action has yet been taken as to their use should lapse.

Added:Recital 20: (20) In order to provide a timely response to the situation of migratory pressure, the EU Relocation Coordinator should support the swift relocation of eligible applicants for and beneficiaries of international protection. The benefitting Member State, in close cooperation with the EU Relocation Coordinator and the contributing Member State and the Asylum Agency, should draw up the list of eligible persons to be relocated indicating the distribution of those persons among the contributing Member States. Applicants should be informed and consulted and should have the right to present relevant information in the procedure of determination of meaningful links.

Recital 21: deleted

Change 2

Removed:Recital 22: deleted

Added:Recital 22: (22) Member States’ contributions to the solidarity pool should be determined through indications by Member States of the measures by which they wish to contribute. Where Member States contributions are insufficient to provide for a sustainable solidarity response the Commission should be empowered to distribute the remaining needs to be covered by relocation and the share of this number for each Member State calculated according to a reference key based on the population and the GDP of each Member State.

Removed:Recital 23: deleted

Added:Recital 23: (23) In order to ensure that solidarity contributions are available at all times, the solidarity forum should meet at least twice a year and as frequently as necessary.