What changed between the draft committee report and the plenary report

Removed:Recital 24: (24) The solidarity mechanism should address situations of migratory pressure for those Member States exposed or likely to be exposed to migratory pressure. For this purpose, the Commission should adopt a report identifying whether a Member State is under migratory pressure and setting out the measures that could support that Member State in addressing the situation of migratory pressure. Prior to adopting the report, the Commission should also consult the contributing Member States to prioritise voluntary measures.

Added:Recital 24: deleted

Removed:Recital 27: (27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where the contributing Member State has committed to return sponsorship in relation to illegally staying third-county nationals on the territory of the benefitting Member State, and such activities have been unsuccessful after a period of 8 months, the contributing Member State should transfer these persons to its territory and continue the procedure to return them, in accordance with Directive 2008/115/EC of the European Parliament and of the Council.38b Member States should recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 . Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission. / 38b Directive 2008/115/EC of the European Parliament and of the Council…

Added:Recital 25: (25) When assessing whether a Member State is under migratory pressure the Commission, based on a broad qualitative and quantitative assessment, should take account of a broad range of factors, including the relevant recommendations provided by the Asylum Agency and information gathered pursuant to the Union Mechanism for Preparedness and Management of Crisis related to Migration including the number of asylum applicants, irregular border crossings, return decisions issued and enforced, transfer decisions issued and carried out, level of arrivals by sea including through disembarkations following search and rescue operations, vulnerabilities of asylum applicants and the capacity of a Member State in managing its asylum and reception caseload. The solidarity response should be designed on a case-by-case basis in order to be tailor-made to the needs of the Member State in question.

Removed:Recital 29: (29) Where the Commission identifies needs in a Member State under migratory pressure in the field of capacity measures in asylum, reception and return or in the external dimension, contributing Member States should be able to make impactful contributions to these needs instead of relocation, return sponsorship or applying a discretionary clause.

Added:Recital 26: deleted

Removed:Recital 30: (30) In order to ensure a comprehensive and effective solidarity response when the voluntary contributions indicated by the contributing Member States do not meet the needs of a Member State under migratory pressure, the Commission should adopt an implementing act specifying the contributions to be made by each Member State to meet the remaining needs. Such contributions should always be based on the type of contributions indicated by the Member State concerned in the solidarity response plan, except where that Member State failed to submit one. In such cases, the measures set out in the implementing act for the Member State concerned should be determined by the Commission.

Added:Recital 27: (27) The solidarity mechanism should include measures to ensure a fair sharing of responsibility and a balance of effort between Member States, also in the area of transfers within this Regulation. With the agreement of the benefitting Member State, a Member State should be able to commit to support a Member State under migratory pressure by taking responsibility for applications for international protections. / (deleted)

Removed:Recital 46: (46) The processing together of the applications for international protection of the members of one family by a single Member State should make it possible to ensure that the applications are examined thoroughly, the decisions taken in respect of them are consistent and the members of one family are not separated, which could in turn reduce unauthorised movements.

Added:Recital 28: (28) Member States should notify the type of solidarity contributions that they will take through the completion of a solidarity response plan. Where Member States are themselves benefitting Member States they should not be obliged to make solidarity contributions to Member States. At the same time, where a Member State has examined twice the Union average per capita of applications for international protection over the preceding ten years, it should be possible for a Member State to request a reduction of 10 % of its share of the solidarity contribution to Member States under migratory pressure. That reduction should be shared proportionately among the other Member States taking such measures.

Removed:Recital 47: (47) The definition of a family member in this Regulation should include the sibling or siblings of the applicant, provided that the applicant is a minor. Reuniting siblings is of particular importance for improving the chances of integration of applicants and hence reducing unauthorised movements. The scope of the definition of family member should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The definition should therefore include families formed outside the country of origin, but before their arrival on the territory of the Member State, provided that there is a well-proven family link. This limited and targeted enlargement of the scope of the definition is expected to reduce the incentive for some unauthorised movements of asylum seekers within the EU.

Added:Recital 29: deleted

Removed:Regarding 'well-proven family link'. similar criteria in the Family Reunification Directive, Article 3.3: 'duly attested stable long-term relationship'

Added:Recital 30: (30) In order to ensure a, comprehensive and effective solidarity response and in order to give clarity to Member States receiving support, the Commission should adopt an implementing act specifying the type and number of contributions to be made by each Member State. Such contributions should be based on the type of contributions indicated by the Member State concerned in the solidarity response plan, except where the measures do not cover the identified need of the benefitting Member State. In such cases, the measures set out in the implementing act for the Member State concerned should be determined by the Commission.

Removed:Recital 48: (48) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’s pregnancy or maternity, state of health or old age, should be a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. In order to discourage unauthorised movements of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative, the Member State responsible should be that where the unaccompanied minor’s application for international protection was first registered, unless it is demonstrated that this would not be in the best interests of the child. A return decision issued by a Member State in accordance with Directive 2008/115/EC should not independently be regarded as preventing a transfer due to the best interests of the child. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure that that Member State will take all necessary and appropriate measures to ensure the adequate protection of the child, and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights…

Added:Recital 31: deleted

Removed:Recital 50: deleted

Added:Recital 32: (32) A Member State should be able to make, at its own initiative or at the request of another Member State, other contributions on a voluntary basis to assist that Member State in addressing the migratory situation or to prevent migratory pressure. Those contributions may include relocations of applicants and beneficiaries of international protection and measures aimed at strengthening the capacity of the Member State in the field of asylum, reception, return and reintegration and operational support, including through cooperation with third countries. Those contributions are without prejudice of the solidarity contributions established in the implementing act.

Added:Recital 32 a (new): (32a) Union bodies, offices and agencies in the field of asylum and border and migration management should be able to provide support to the Member States and the Commission in implementing this Regulation by providing expertise and operational support as foreseen by their respective mandates.

Added:Recital 33: (33) The Common European Asylum System (CEAS) has been built progressively as a common area of protection based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967 (‘the Geneva Convention’), thus ensuring that no person is sent back to persecution, in compliance with the principle of non-refoulement. In this respect, and without the responsibility criteria laid down in this Regulation being affected, Member States, are responsible for upholding human rights and the principle of non-refoulement, and as such are considered as safe countries for third-country nationals.

Added:Recital 34: (34) It is appropriate that a clear and workable method for determining the Member State responsible for the examination of an application for international protection should be included in the Common European Asylum System40. That method should be based on objective, fair criteria both for the Member States and for the persons concerned. It should, in particular, make it possible to determine rapidly the Member State responsible and with which applicants have meaningful links as set out in this Regulation, so as to guarantee swift and effective access to the fair and efficient procedures for granting international protection and not to compromise the objective of the rapid and fair processing of applications for international protection. Member State should provide applicants with all the relevant information regarding the application of this Regulation in a language that they understand.

Added:Recital 34 a (new): (34a) In order to increase understanding of the CEAS and solidarity provided under this Regulation, it is necessary to improve the provision of information. Investing in the early provision of accessible information will greatly increase the likelihood that persons concerned by this regulation will understand the procedures linked to it. The Asylum Agency should in this regard develop suitable information material, in close cooperation with national authorities. That agency should also develop audio-visual information material complementary to written information material. The information material should be translated and made available in different languages.

Added:Recital 35: (35) This Regulation should be based on the principles underlying Regulation (EU) No 604/2013 of the European Parliament and of the Council41 and the principle of solidarity and fair sharing of responsibility as part of the common framework, in line with Article 80 of TFEU. To that end, the new solidarity mechanism should enable a strengthened preparedness of Member States to manage migration, to address situations where Member States are faced with migratory pressure and to facilitate regular solidarity support among Member States. The effective implementation of such solidarity contributions is a key prerequisite to the functioning of the whole CEAS.

Added:Recital 37: deleted

Added:Recital 38: (38) To ensure that the Member States have the necessary tools to ensure transfers of beneficiaries of international protection who entered the territory of another Member State without fulfilling the conditions of stay and to ensure effective solidarity between Member States, this Regulation should also apply to beneficiaries of international protection. Likewise, this Regulation should apply to persons resettled or admitted by a Member State in accordance with Regulation (EU) XXX/XXX [Union Resettlement Framework Regulation] or who are granted international protection or humanitarian status under a national resettlement scheme.

Added:Recital 39: (39) Given the importance of facilitating the full integration of beneficiaries of international protection in the Member State of residence, the prospect of obtaining long-term resident status in a shorter period of time should be provided for. Beneficiaries of international protection, as well as beneficiaries of protection under the 1954 Convention Relating to Stateless Persons, should be able to obtain long-term resident status in the Member State which granted them international protection after three years of legal and continuous residence in that Member State. As regards other conditions to obtain the status, beneficiaries of international protection should be required to fulfil the same conditions as other third-country nationals. Council Directive 2003/109/EC42 should therefore be amended accordingly.

Added:Recital 40: (40) For reasons of efficiency and legal certainty, it is essential that the Regulation is based on the principle that responsibility is determined only once, unless the person concerned has left the territory of the Member States in compliance with a return decision or removal order.

Added:Recital 41: (41) Directive XXX/XXX/EU [Reception Conditions Directive] of the European Parliament and of the Council43 should apply to all procedures regulated under this Regulation, subject to the limitations in the application of that Directive.

Added:Recital 43: (43) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primary consideration of Member States when applying this Regulation. Member States should carry out an individual assessment of the best interest of the child, taking due account of the minor’s well-being and social development, safety and security considerations in the short, medium and long term, and the views of the minor in accordance with his or her age and maturity, including his or her background. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability, including the appointment of an independent guardian and access to free legal assistance.

Added:Recital 43 a (new): (43a) Staff who deal with requests concerning unaccompanied minors should have received and continue to receive, appropriate training on the rights of the child and child psychology and development, and on risk assessment to target care and protection depending on the individual needs of the minor, with a specific focus on early identification of victims of trafficking in human beings and of abuse as well as training on good practices to prevent disappearance.

Added:Recital 44: (44) In accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with the Charter of Fundamental Rights of the European Union, respect for private and family life, as well as for the principle of non-discrimination should be a primary consideration of Member States when applying this Regulation.

Added:Recital 44 a (new): (44a) In applying this Regulation, Member States should respect their international obligations towards stateless persons, including under the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954, and in accordance with other international human rights law instruments. Where necessary, the treatment of stateless persons should be distinguished from third-country nationals with due consideration to their particular protection needs.

Added:Recital 45: (45) In order to prevent persons who represent a security risk from being transferred among the Member States, it is necessary to ensure that the Member State where an application is first registered does not apply the responsibility criteria or the benefitting Member State does not apply the relocation procedure where there are reasonable grounds to consider the person concerned a threat to internal security.

Added:Recital 46: (46) In order to ensure family unity, the processing together of the applications for international protection of the members of one family by a single Member State should make it possible to ensure that the applications are examined thoroughly, the decisions taken in respect of them are consistent and the members of one family are not separated, with a view also to promoting integration and reduce unauthorised movements. This should be without prejudice to the right of an applicant to lodge an application individually.

Added:Recital 47: (47) The definition of a family member in this Regulation should include the sibling or siblings of the applicant. The scope of the definition of family member should also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The definition should therefore include families formed outside the country of origin. This limited and targeted enlargement of the scope of the definition is of particular importance for improving the chances of integration of applicants and hence reducing unauthorised movements within the EU.

Added:Recital 48: (48) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent, including on account of the applicant’s pregnancy or maternity, state of health or old age, should be a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion, if it is in the best interest of the minor. In the absence of a family member or a relative, the Member State responsible should be that where the unaccompanied minor is present unless it is demonstrated that this would not be in the best interests of the child. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure that that Member State will take all necessary and appropriate measures to ensure the adequate protection of the child, and in particular the prompt appointment of a guardian tasked with safeguarding respect for all the rights to which they are entitled. Any decision to transfer an unaccompanied minor should be preceded by an assessment of his or her best interests by staff with the necessary qualifications, training, expertise and independence.

Added:Recital 49: (49) The rules on evidence should allow for a swifter family reunification than until now. It is therefore necessary to clarify that formal proof, such as original documentary evidence and DNA testing, should not be necessary in cases where the circumstantial evidence is coherent, verifiable and sufficiently detailed to establish responsibility for examining an application for international protection. Member States’ authorities should consider all available evidence including photos, proof of contact and witness statements to make a fair appraisal of the relationship. A light procedure should be envisaged to ensure swift family reunification and access to the asylum procedures for applicants where there are sufficient indicators that they are likely to have the right to family reunification.

Added:Recital 50: (50) Where persons are in possession of a diploma or other qualification, the Member State where the diploma was issued should be responsible for examining their application. This would ensure a swift examination of the application in the Member State with which the applicant has meaningful links based on such a diploma. Without prejudice to online training following restrictions imposed by Member States, online training or other forms of distance learning should not be considered to be relevant.

Recital 51: deleted

Change 3

Removed:Recital 53 a (new): (53a) It should be possible for the Member States to impose additional obligations on applicants in accordance with national law in order to prevent unauthorised movements within the Union. Such additional obligations could include alternative restrictions of freedom of movement, such as a requirement for the applicant to remain within a certain geographical area, or be designated to a specific reception centre, instead of placing the applicant in detention.

Added:Recital 52: (52) Any Member State should be able to derogate at its own discretion from the responsibility criteria in particular on humanitarian and compassionate grounds, in order to bring together family members, relatives or any other family relations or to support a Member State under migratory pressure and examine an application for international protection registered with it or with another Member State, even if such examination is not its responsibility under the binding criteria laid down in this Regulation.

Added:Recital 53: (53) In order to ensure that the procedures set out in this Regulation are respected and to prevent obstacles to the efficient application of this Regulation, in particular in order to avoid absconding and unauthorised movements between Member States, it is necessary to establish clear obligations to be complied with by the Member State and the applicant in the context of the procedure, of which the applicant should be duly informed in a timely manner. Information to applicants about rights and legal obligations should be provided in writing and, where necessary, also orally in a concise and transparent manner and, when the applicant is a minor, in a child-friendly manner. Applicants should fully cooperate with the competent authorities of the Member States in matters covered by this Regulation and they should be duly informed of the requirements and of the consequences of non-compliance. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that person are covered.

Added:Recital 54: deleted

Added:Recital 55: (55) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining an application for international protection unless the applicant has absconded and is not available to the authorities, has not attended the interview without justified reasons or the information provided by the applicant is sufficient for determining the Member State responsible and the applicant does not request to be heard. As soon as the application for international protection is registered, the applicant should be informed in particular of the application of this Regulation, the fact that the Member State responsible for examining his or her application for international protection is based on objective criteria, of his or her rights as well as of the his or her obligations under this Regulation and of the consequences of not complying with them. The information should be provided in a language that the applicant understands and can communicate in, in a concise and easily accessible form, using clear and plain language.

Added:Recital 55 a (new): (55a) The person conducting the interview should have received sufficient training to take account of the personal and general circumstances of the applicant, including their cultural origin, age, gender, sexual orientation, gender identity and vulnerability. Staff interviewing applicants should also have acquired general knowledge and possess awareness of issues which could adversely affect the applicant’s ability to be interviewed, such as indicators that the person may have been the victim of torture or gender-based violence in the past.

Added:Recital 55 b (new): (55b) In accordance with Directive 2011/36/EU1, particular attention should be paid to identifying victims of trafficking in human beings, in order to offer protection and prevent them for being trafficked further into the Union. / 1 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1).

Added:Recital 56: (56) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. In order to ensure that international law is respected, an effective remedy against such decisions should cover both the examination of the application of this Regulation and of the legal and factual situation in the Member State to which the applicant is transferred.

Added:Recital 57: (57) In order to facilitate the smooth application of this Regulation, Member States should in all cases indicate the Member State responsible in Eurodac after having concluded the procedures for determining the Member State responsible, including in cases where the responsibility results from the failure to respect the time limits for sending or replying to take charge requests, carrying out a transfer, as well as in cases of relocation or where the Member State of first application becomes responsible or it is impossible to carry out the transfer to the Member State primarily responsible due to a real risk of violations of the applicant’s fundamental rights or systemic deficiencies resulting in a risk of inhuman or degrading treatment and subsequently another Member State is determined as responsible.

Added:Recital 58: (58) In order to ensure the speedy determination of responsibility, the deadlines for making and replying to requests to take charge, for making take back requests, as well as for making and deciding on appeals, should be streamlined and shortened, to the greatest extent possible, while respecting the fundamental rights of applicants. The transfer and relocation of applicants with specific reception or procedural needs should be prioritised.

Added:Recital 59: (59) The detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. Detention should be for as short a period as possible and subject to the principles of necessity and proportionality thereby only being allowed as a measure of last resort. Minors, as a rule, should not be detained and efforts should be made to place them in accommodation with special provisions for minors. The detention of applicants must be in accordance with Article 31 of the Geneva Convention. The procedures provided for under this Regulation in respect of a detained person should be applied as a matter of priority, within the shortest possible deadlines. As regards the general guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions of Directive XXX/XXX/EU [Reception Conditions Directive] also to persons detained on the basis of this Regulation.

Added:Recital 62: (62) In order to ensure a clear and efficient relocation procedure, specific binding rules for a benefitting and a contributing Member State should be set out. The rules and safeguards relating to transfers set out in this Regulation should apply to transfers for the purpose of relocation.

Added:Recital 63: (63) Where Member States undertake relocation as a solidarity contribution, appropriate and proportionate financial support from the Union budget should be provided. In order to incentivise Member States to give priority to the relocation of unaccompanied minors a higher incentive contribution should be provided.

Added:Recital 63 a (new): (63a) Member States should take into account the support offered by cities and regions, as relocation and integration relies to a large extent on those actors. They are key players in the achievement of meaningful solidarity and successful relocation and integration trajectories. To that end, Member States should take measures to support local and regional authorities, such as by providing them with financial support, information, technical support, and by reducing unnecessary administrative barriers.

Added:Recital 64: (64) The application of this Regulation can be facilitated, and its effectiveness increased, by bilateral arrangements between Member States in order to carry out transfers more efficiently. Such arrangements may include improving communication between competent departments, or reducing time limits and simplifying procedures.

Added:Recital 66: (66) A network of competent Member State authorities should be set up and facilitated by the European Union Agency for Asylum to enhance practical cooperation and information sharing on all matters related to the application of this Regulation, including the development of practical tools and guidance. The network should organise regular meetings to enhance trust-building and common understanding of the challenges of the implementation of the CEAS in different Member States.

Recital 69: (69) With respect to the treatment of persons falling within the scope of this Regulation, Member States are bound by their obligations under instruments of international law, including the relevant case-law of the Court of Justice of the European Union and the European Court of Human Rights.

Change 4

Removed:Article 2 – paragraph 1 – point a: (a) ‘third-country national’ means any person, including a stateless person, who is not a citizen of the Union within the meaning of Article 20(1) of the Treaty on the Functioning of the European Union (TFEU) and who is not a person enjoying the right of free movement under Union law as defined in Article 2, point (5) of Regulation (EU) 2016/399 of the European Parliament and of the Council53 ;

Added:Recital 70: (70) Regulation (EU) 2016/679 of the European Parliament and of the Council47 applies to the processing of personal data by the Member States under this Regulation. Member States should implement appropriate technical and organisational measures to ensure and be able to demonstrate that processing is performed in accordance with that Regulation and the provisions specifying its requirements in this Regulation. In particular those measures should ensure the security of personal data processed under this Regulation and in particular to prevent unlawful or unauthorised access or disclosure, alteration or loss of personal data processed. The competent supervisory authority or authorities of each Member State should monitor the lawfulness of the processing of personal data by the authorities concerned, including of the transmission to the authorities competent for carrying out security checks. In particular, data subjects should be notified without undue delay when a security incident is likely to result in a high risk to their rights and freedoms in accordance with Regulation (EU) 2016/679.

Removed:Article 2 – paragraph 1 – point b: (b) ‘application for international protection’ or ‘application’ means a request for protection made to a Member State by a third-country national, who can be understood as seeking refugee status or subsidiary protection status; / (This amendment applies throughout the text.)

Added:Recital 70 a (new): (70a) Member States as well as the Union agencies should take all proportionate and necessary measures to ensure that the data is stored in a secure way.