What changed between the draft committee report and the plenary report

Added:Article 13 – paragraph 7 – point c (new): (c) the criteria for assessing the capacity of a relative to take care of an unaccompanied minor, including where family members, siblings or relatives of the unaccompanied minor are staying in more than one Member State.

Added:Article 13 – paragraph 7 – subparagraph 1 a (new): In exercising its powers to adopt delegated acts, the Commission shall not exceed the scope of the best interests of the child as provided for under this Regulation.

Added:Article 13 – paragraph 7 a (new): 7a. The Commission shall adopt an implementing act in accordance with Article 67(2) for a standard form for the exchange of relevant information between Member States. / That implementing act shall be adopted in accordance with the examination procedure referred to in Article 67(2). / The implementing acts shall promote the ability of the guardian and legal assistance provider to seek assistance in another Member State to gain information about the circumstances of reception and care arrangements in the other Member State or family reunification possibilities. / The implementing act shall also promote and facilitate cooperation between guardians and legal assistance providers between Member States in the event a transfer of an unaccompanied minor is contemplated or implemented, including providing for sharing of information about the child, with the informed consent of the child or his or her guardian.

Added:Article 14 – paragraph 2 – subparagraph 1 a (new): The Member State with which the applicant has meaningful links, as set out in this Chapter, shall be responsible for examining an application for international protection.

Added:Article 14 – paragraph 2 a (new): 2a. Articles 20a and 20b shall not apply if the applicant arrived irregularly prior in another Member State.

Added:Article 15 – title: Minors

Added:Article 15 – paragraph 1 – subparagraph -1 (new): Where a minor is accompanied by one parent, adult sibling or other adult who holds parental responsibility for the minor, whether by law or by the practice of that Member State and one parent or other adult who holds parental responsibility for the minor, whether by law or by practice of that Member State is legally present in a Member State, the determination of the Member State responsible shall be based on the objective of prioritising the family unit, taking into account the best interest of the minor.

Added:Article 15 – paragraph 2: 2. The Member State responsible shall be that where a family member of the unaccompanied minor is legally present, if it is in the best interests of the minor. Where the applicant is a married minor whose spouse is not legally present on the territory of the Member States, the Member State responsible shall be the Member State where the father, mother or other adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present.

Added:Article 15 – paragraph 2 – subparagraph 1 a (new): For the purpose of this Regulation, on the basis of an individual assessment, a minor shall be considered unmarried if his or her marriage would not be in accordance with the relevant national law had it been contracted in the Member State concerned, in particular having regard to the legal age of marriage.

Added:Article 15 – paragraph 2 – subparagraph 1 b (new): Where the applicant is a married minor whose adult spouse is legally present in the territory of the Member States, the Member State responsible shall be the Member State where the parent or other adult who holds parental responsibility for the minor, whether by law or by practice of that Member State, is legally present, unless the applicant expresses in writing a wish to be reunified with his or her spouse and it is in the best interest of the minor.

Added:Article 15 – paragraph 3: 3. Where the applicant has a relative who is legally present in another Member State and where it is established, based on an individual examination, that the relative can take care of him or her, that Member State shall unite the minor with his or her relative and shall be the Member State responsible, provided that it is in the best interests of the minor.

Added:Article 15 – paragraph 5: 5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the minor is present, unless it is demonstrated that this is not in the best interests of the minor.

Added:Article 15 – paragraph 6: deleted / (deleted) / (deleted) / (deleted) / (deleted)

Added:Article 15 – paragraph 7: deleted

Added:Article 16 – title: Family members who legally reside in a Member State

Added:Article 16 – paragraph 1: Where the applicant has a family member who has been allowed to legally reside in a Member State, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned expressed their desire in writing.

Added:Article 17 – paragraph 1: Where the applicant has a family member in a Member State whose application for international protection in that Member State has not yet been the subject of a final decision as defined in Article 4(2), point (d), of Regulation (EU) xxx/xxx [Asylum Procedure Regulation], that Member State shall be responsible for examining the application for international protection, provided that the persons concerned expressed their desire in writing.

Added:Article 18 – paragraph 1 – introductory part: 1. Where several family members submit applications for international protection in the same Member State simultaneously, or on dates close enough for the procedures for determining the Member State responsible to be conducted together, and where the application of the criteria set out in this Regulation would lead to their being separated, the Member State responsible shall be determined as follows:

Added:Article 18 – paragraph 1 a (new): 1a. The processing together of the application of a family is without prejudice to the right of an applicant to make an application individually.

Added:Article 19 – paragraph 4: 4. Where the applicant is in possession of one or more residence documents or one or more visas which expired before the application was registered, paragraphs 1, 2 and 3 shall apply.

Added:Article 19 a (new): Article 19a / Previous stay / If the applicant has resided legally for at least two years in a Member State with a valid residence permit, that Member State shall be responsible for examining his or her application for international protection.

Added:Article 20 – paragraph 1: 1. Where the applicant is in possession of a diploma or qualification issued by an education establishment established in a Member State and the application for international protection was registered after the applicant left the territory of the Member States following the completion of his or her studies, the Member State in which that education establishment is established shall be responsible for examining the application for international protection. Online training or other forms of distance learning shall not be considered to be relevant.

Added:Article 20 a (new): Article 20a / Visa waived entry / If a third-country national or a stateless person enters into the territory of the Member States through a Member State in which the need for him or her to have a visa is waived, that Member State shall be responsible for examining his or her application for international protection. That responsibility shall cease if the application is registered more than three years after the date on which the person entered the territory.

Added:Article 20 b (new): Article 20b / Application in an international transit area of an airport / Where the application for international protection is made in the international transit area of an airport of a Member State by a third-country national or a stateless person, that Member State shall be responsible for examining the application.

Added:Article 21 – paragraph 1: 1. Where it is established, on the basis of proof or circumstantial evidence as described in the two lists referred to in Article 30(4) of this Regulation, including the data referred to in Regulation (EU) XXX/XXX [Eurodac Regulation], that an applicant has irregularly crossed the border into a Member State by land, sea or air having come from a third country, the first Member State thus entered shall be responsible for examining the application for international protection. That responsibility shall cease if the application is registered more than twelve months after the date on which that border crossing took place.

Added:Article 21 – paragraph 2: 2. The rule set out in paragraph 1 shall not apply where the applicant was disembarked on the territory following a search and rescue operation or activity.

Added:Article 21 – paragraph 3: 3. Paragraph 1 shall not apply if it can be established, on the basis of proof or circumstantial evidence as described in the two lists referred to in Article 30(4) of this Regulation, including the data referred to in Regulation (EU) XXX/XXX [Eurodac Regulation], that the applicant was relocated pursuant to Article 57 of this Regulation to another Member State after having crossed the border. In that case, that other Member State shall be responsible for examining the application for international protection.

Added:Article 22: deleted / (deleted) / (deleted)

Added:Article 23: deleted / (deleted) / (deleted)

Added:Part III – Chapter III – title: DEPENDENT PERSONS, DISCRETIONARY CLAUSES AND LIGHT PROCEDURE

Added:Article 24 – paragraph 1 – subparagraph 1: Where, on account of pregnancy, having a new-born child, serious illness, severe disability, severe trauma, old age or other relevant psychological or physical vulnerabilities an applicant is dependent on the assistance of his or her child, sibling or parent legally resident in one of the Member States, or his or her child, sibling, or parent legally resident in one of the Member States is dependent on the assistance of the applicant, Member States shall normally keep or bring together the applicant with that child, sibling, or parent, provided that family ties existed before the applicant arrived on the territory of the Member States, that the child, sibling or parent or the applicant is able to take care of the dependent person and that, having been informed of this possibility, the persons concerned expressed their desire in writing.

Added:Article 24 – paragraph 1 – subparagraph 2: Where there are indications that a child, sibling or parent is legally resident on the territory of the Member State where the dependent person is present, that Member State shall verify whether the child, sibling or parent can take care of the dependent person, before making a take charge request pursuant to Article 29.

Added:Article 24 – paragraph 2: 2. Where the child, sibling or parent referred to in paragraph 1 is legally resident in a Member State other than the one where the applicant is present, the Member State responsible shall be the one where the child, sibling or parent is legally resident unless the applicant’s health prevents him or her from travelling to that Member State for a significant period of time. In such a case, the Member State responsible shall be the one where the applicant is present. Such Member State shall not be subject to the obligation to bring the child or parent of the applicant to its territory.

Added:Article 25 – paragraph 1: 1. By way of derogation from Article 8(1), each Member State may decide to examine an application for international protection by a third-country national or a stateless person registered with it, even if such examination is not its responsibility under the criteria laid down in Chapter II of this Part.

Added:Article 25 – paragraph 1 – subparagraph 1 a (new): An applicant may request any Member State to apply this paragraph. Such a request shall be made in writing, shall be duly motivated and shall be addressed to the competent authorities of the determining Member State.

Added:Article 25 – paragraph 1 – subparagraph 1 b (new): Where applicable, the determining Member State shall forward the request to the requested Member State, which shall reply to the request within the time limits set out in Article 30 of this Regulation.

Added:Article 25 – paragraph 2 – subparagraph 1: The Member State in which an application for international protection is registered and which is carrying out the process of determining the Member State responsible, or the Member State responsible, may, at any time before a first decision regarding the substance is taken, request another Member State to take charge of an applicant in order to bring together any family relations, on humanitarian grounds based in particular on family, cultural considerations, social ties, language skills, or any other meaningful links or to support a Member State under migratory pressure, even where that other Member State is not responsible under the criteria laid down in Articles 15 to 18 and 24. The persons concerned shall express their consent in writing.

Added:Article 25 – paragraph 2 – subparagraph 3: The requested Member State shall carry out any necessary checks to examine the humanitarian grounds cited, and shall reply to the requesting Member State within two months of receipt of the request using the electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003. A reply refusing the request shall state the reasons on which the refusal is based. Where a reply is not provided within the set time limit, this shall be tantamount to accepting the request.

Added:Article 25 – paragraph 2 – subparagraph 3 a (new): Where the requested Member State accepts the request, responsibility for examining the application for international protection shall be transferred to it.

Added:Article 25 a (new): Article 25a / Light procedure for the purpose of family reunification / 1. The Member States shall apply a special procedure in order to ensure a swift family reunification and access to the asylum procedure for applicants where there are sufficient indicators showing that they are likely to have the right to family reunification in accordance with Articles 15, 16, 17 and 24. / A determining Member State that considers that the applicant has shown sufficient indicators for family links in another Member State shall notify that Member State and the applicant and the responsibility shall be transferred to that Member State. / 2. In establishing whether there are sufficient indicators that the applicant has family members and /or relatives in the Member State he or she claims, the determining Member State shall ensure that the applicant understands: / (a) the applicable definition of family members and/or relatives and ensure that the applicant is certain that the alleged family members and/or relatives are not present in another Member State; / (b) that he or she will not be allowed to stay in the Member State where he or she claims to have family members and/or relatives unless such a claim can be verified by that Member State. / 3. If the information provided by the applicant does not give manifest reasons to doubt the presence of family members and/or relatives in the Member State indicated by the applicant, it shall be concluded that there are sufficient indicators that the…

Added:Part III – Chapter IV – title: OBLIGATIONS OF THE MEMBER STATES

Added:Article 26 – title: Obligations of the Member States

Added:Article 26 – paragraph 1 – subparagraph 1 a (new): Member States shall make all necessary practical and legal arrangements to comply with their obligations under this Article.

Added:Article 27 – paragraph 1 – subparagraph 1: Where a Member State issues a residence document to the applicant, decides to apply Article 25, or does not transfer the person concerned to the Member State responsible within the time limits set out in Article 35, that Member State shall become the Member State responsible and the obligations laid down in Article 26 shall be transferred to that Member State. Where applicable, it shall inform the Member State previously responsible, the Member State conducting a procedure for determining the Member State responsible or the Member State which has been requested to take charge of or take back the applicant, using the electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003.

Added:Article 27 – paragraph 1 – subparagraph 2: The first subparagraph shall not apply if the person has already been granted international protection by the responsible Member State, provided that the transfer of the person concerned is in accordance with Article 4 of the Charter of Fundamental Rights.

Added:Article 27 – paragraph 2 – subparagraph 1: The obligations specified in Article 26 shall cease where the Member State responsible can establish, when requested to take charge or take back an applicant or another person as referred to in Article 26 that the person concerned has left the territory of the Member States for at least three months, on either a compulsory or a voluntary basis, unless the person concerned is in possession of a valid residence document or visa issued by the Member State responsible.

Added:Article 28 – paragraph 1: 1. The Member State where an application for international protection is first registered pursuant to Regulation (EU) XXX/XXX [Asylum Procedure Regulation] shall start the process of determining the Member State responsible without delay.

Added:Article 28 – paragraph 1 – subparagraph 1 a (new): Where the Member State where an application for international protection is first registered has justified reasons to believe that another Member State is responsible for the examination of an application for international protection, it shall immediately start the process of submitting a take charge or take back request pursuant to Articles 29 and 31.

Added:Article 28 – paragraph 3 – introductory part: 3. The Member State which has conducted the process of determining the Member State responsible or which has become responsible pursuant to Article 8(4) or Article 58(3) of this Regulation shall indicate in Eurodac without delay pursuant to Article 11(1) of Regulation (EU) XXX/XXX [Eurodac Regulation]:

Added:Article 28 – paragraph 3 – point d a (new): (da) its responsibility pursuant to Article 58(3).

Added:Article 28 – paragraph 4 – subparagraph 1: An applicant who is present in another Member State without a residence document or who there makes an application for international protection during the process of determining the Member State responsible, shall be taken back, under the conditions laid down in Articles 31 and 35, by the Member State with which that application was first registered with a view to completing the process of determining the Member State responsible.

Added:Article 28 – paragraph 4 – subparagraph 2: That obligation shall cease where the Member State determining the Member State responsible can establish that the applicant has obtained a residence document from another Member State, or where a Member States decides to apply Article 25.

Added:Article 28 – paragraph 5: 5. An applicant who is present in a Member State without a residence document or who there makes an application for international protection after another Member State has confirmed to relocate the person concerned pursuant to Article 57(7), and before the relocation has been carried out to that Member State pursuant to Article 57(9), shall be taken back, under the conditions laid down in Articles 31 and 35, by the Member State of relocation.

Added:Article 29 – paragraph 1 – subparagraph 1: If the Member State referred to in Article 28(1) where an application for international protection has been registered considers that another Member State is responsible for examining the application, it shall, without delay and in any event within two months of the date on which the application was registered, request that other Member State to take charge of the applicant.

Article 29 – paragraph 1 – subparagraph 2: deleted

Change 34

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Change 35

Changed:Article 29 – paragraph 31 –subparagraph– 1:subparagraph 4: The takeperiod chargereferred requestto in the first subparagraph shall bestart madeto usingrun awhere standardthe formapplicant andis includean relevantunaccompanied elementsminor, fromwhen a guardian has been appointed or when the applicant’sbest statement,interest andof the circumstantialchild evidenceassessment usedpursuant to justifyArticle the13(4) request,has enablingbeen concluded. The determining Member State shall also, where it considers that it is in the authoritiesbest interest of the requestedminor or the request is based on Article 16, 17 or 24, continue the procedure for determining the Member State responsible and request another Member State to checktake whethercharge itof isthe responsibleapplicant baseddespite onthe expiry of the criteriatime limits laid down in thisthe Regulation.first subparagraph.

Change 36

Removed:Article 30 – paragraph 1: 1. The requested Member State shall make the necessary checks, and shall give a decision on the request to take charge of an applicant within two months of receipt of the request. / If the requesting Member State has asked for an urgent reply pursuant to Article 29(2), the requested Member State shall reply as soon as possible, and in any event within one month of receipt of the request.

Added:Article 29 – paragraph 2 – subparagraph 2: The request shall state the reasons warranting an urgent reply and the period within which a reply is requested. That period shall be two weeks.

Change 37

Changed:Article 3029 – paragraph 3 a– (new):subparagraph 3a.1: WhereThe thetake requestedcharge Memberrequest Stateshall doesbe notmade objectusing toa thestandard requestform withinand include the timerelevant limitselements setfrom outthe inapplicant’s paragraphstatement 1,and thisthe shallproof beor tantamountcircumstantial toevidence, acceptingor theany request,other anddocumentation entailor theinformation obligationused to take charge ofjustify the applicant,request, includingenabling the obligationauthorities toof providethe forrequested properMember arrangementsState forto arrival.check /whether Theit objectionis referredresponsible tobased inon the first subparagraph shall include elementscriteria oflaid proofdown orin circumstantialthis evidence.Regulation.