What changed between the draft committee report and the plenary report

Change 38

Added: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 without delay and in any event within one month of receipt of the request.

Added:Article 30 – paragraph 2: deleted

Added:Article 30 – paragraph 3: 3. In the procedure for determining the Member State responsible elements of proof and circumstantial evidence and any other any other documentation or information shall be used.

Added:Article 30 – paragraph 3 a (new): 3a. Where the requested Member State does not object to the request within the time limits set out in paragraph 1 and 2, this shall be tantamount to accepting the request and entail the obligation to take charge of the applicant, including the obligation to provide for proper arrangement for travel. / The objection referred to in the first subparagraph shall include elements of proof and circumstantial evidence.

Added:Article 30 – paragraph 4 – point a – point ii: (ii) the Member States shall provide the Commission with models of the different types of administrative documents, in accordance with the typology established in the list of formal proofs;

Added:Article 30 – paragraph 6: 6. The requested Member State shall acknowledge its responsibility if the proof, circumstantial evidence or any other documentation or information is coherent, verifiable and sufficiently detailed to establish responsibility.

Article 30 – paragraph 7: deleted

Article 30 – paragraph 8: deleted

Change 39

Removed:Article 31 – paragraph 1: 1. In a situation referred to in Article 26(1), point (b), (c) or (d) the Member State where the person is present shall make a take back notification immediately and in any event within two weeks after receiving the Eurodac hit.

Added:Part III – Chapter V – Section III – title: Procedures for take back requests

Removed:Article 32 – paragraph 1: 1. The requesting or notifying Member State whose take charge request as referred to in Article 29 was accepted or who made a take back notification as referred to in Article 31 shall take a transfer decision within one week of the acceptance or notification.

Added:Article 31 – title: Submitting a take back request

Removed:Article 32 – paragraph 2: 2. The requesting or notifying Member State shall immediately notify the person concerned in writing, in a language that he or she understands or is reasonably expected to understand, of the decision to transfer him or her to the Member State responsible, the consequences of such decision, including the time limits for carrying out the transfer and the obligations for the applicant set out in Article 9(5). / The notification shall also include, where available, information on the place where and the date on which the person concerned is required to appear, if that person is travelling to the Member State responsible by his or her own means.

Added:Article 31 – paragraph 1: 1. In a situation referred to in Article 26(1), point (b), (c) or (d) the Member State where the person is present shall make a take back request without delay and in any event within one month after receiving the Eurodac hit.

Removed:Article 32 – paragraph 4 – subparagraph 1: The decision referred to in paragraph 1 shall also include information on the legal remedies available, including on the right to apply for suspensive effect, and on the time limits applicable for seeking such remedies.

Added:Article 31 – paragraph 1 – subparagraph 1 a (new): Where the take back request is not made within the established time limits, the responsibility for examining the application for international protection shall lie with the Member State where the applicant is present.

Removed:Article 32 – paragraph 4 – subparagraph 2: Member States shall ensure that information on persons or entities that can provide legal assistance to the person concerned is communicated to him or her together with the decision referred to in paragraph 1, when that information has not been already communicated.

Added:Article 31 – paragraph 2: 2. A take back request shall be made using a standard form and shall include proof or circumstantial evidence as described in the two lists referred to in Article 30(4) and/or relevant elements from the statements of the person concerned, enabling the authorities of the requested Member State to check whether it is responsible.

Removed:Article 32 – paragraph 5: deleted

Added:Article 31 – paragraph 3: 3. The requested Member State shall accept the request to the Member State which made the request within one month, unless the requested Member State can demonstrate within that time limit that it is not responsible pursuant to Article 27.

Removed:Article 34 – paragraph 3 – subparagraph 2: Where an applicant or another person referred to in Article 26(1), point (b), (c) or (d) is detained pursuant to this Article, the period for submitting a take charge request or a take back notification shall not exceed two weeks from the application for international protection. / Where a person is detained at a later stage than the registration of the application, the period for submitting a take charge request or a take back notification shall not exceed two weeks from the date on which the person was placed in detention.

Added:Article 31 – paragraph 4: 4. Failure to act within the one month period set out in paragraph 3 shall be tantamount to confirming the receipt of the request.

Removed:Article 34 – paragraph 3 – subparagraph 3 – introductory part: Where a person is detained pursuant to this Article, the transfer of that person from the requesting or notifying Member State to the Member State responsible shall be carried out as soon as practically possible, and at the latest within twelve weeks of:

Added:Article 31 – paragraph 5: 5. The Commission shall, by means of implementing acts, adopt uniform methods for the preparation and submission of take back requests. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).

Removed:Article 34 – paragraph 3 – subparagraph 4: Where the requesting or notifying Member State, for reasons beyond its control, fails to comply with the time limits laid down in Article 29(1) or Article 32(1) or where the transfer does not take place within the period of twelve weeks referred to in the third subparagraph of this paragraph, the person shall no longer be detained. / Articles 29, 31 and 35 shall continue to apply accordingly.

Added:Article 32 – paragraph 1: 1. The determining Member State whose take charge or take back request was accepted shall take a transfer decision at the latest within one week of the acceptance.

Change 40

Changed:Article 3532 – paragraph 1 – subparagraph 1: The transfer of an2: applicant2. orWhere ofthe anotherrequested personMember asState referredaccepts to in Articletake 26(1),charge pointof, (b),or (c)take andback, (d),an fromapplicant the requesting or notifying Member State to the Member State responsible shall be carried out in accordance with the national law ofnotify the requesting or notifying Member State, after consultation between theperson Memberconcerned Statesin concerned,writing, asin soona asplain practicallylanguage possible,that andhe ator theshe latestunderstands, within sixone monthsweek of the acceptance of thedecision taketo chargetransfer requesthim or of the confirmationher ofto the take back notification by another Member State or of the final decision on an appeal or review of a transferresponsible decisionand, where there is aapplicable, suspensiveof effectthe infact accordancethat withit Articlewill 33(3).not Thatexamine timehis limitor mayher beapplication extendedfor upinternational toprotection, athe maximumconsequences of onethe yeardecision, ifincluding the transfertime cannotlimits befor carriedcarrying out due tothe imprisonmenttransfer ofand the person concerned orobligation hisfor orthe herapplicant non-complianceset without thein transferArticle decision.9(5).

Change 41

Changed:Article 3732 – paragraph 2 – introductory part: 2. Thesubparagraph requesting1 ora notifying(new): MemberThe Statenotification shall transmit toalso theinclude, Memberwhere Stateavailable, responsibleinformation anyon informationthe thatplace iswhere essentialand inthe orderdate toon safeguardwhich the rightsperson andconcerned immediateis specialrequired needsto ofappear, theif that person tois betravelling transferred,to andthe inMember particular:State /responsible (Thisby amendmenthis appliesor throughouther theown text.)means.

Change 42

Removed:Article 37 – paragraph 2 – point c: (c) in the case of minors, the best interests of the child assessment and information as set out in Article 13, including on their education;

Added:Article 32 – paragraph 3: 3. If a legal advisor or other counsellor is representing the person concerned, Member States shall notify the decision to such legal advisor or counsellor instead of to the person concerned and communicate the decision to the person concerned.

Added:Article 32 – paragraph 4 – subparagraph 1: The decision referred to in paragraph 1 shall also include information on the legal remedies available pursuant to Article 33, including on the right to suspensive effect, and on the time limits applicable for seeking such remedies.

Added:Article 32 – paragraph 5: 5. Where the person concerned is not assisted or represented by a legal advisor or other counsellor, Member States shall inform him or her of the main elements of the decision, which shall always include information on the legal remedies available, the right to suspensive effect, and the time limits applicable for seeking such remedies, in a language that the person concerned understands.

Added:Article 33 – paragraph 1 – subparagraph 1: The applicant or another person as referred to in Article 26(1) shall have the right to an effective remedy, in the form of an appeal or a review, in fact and in law, against a transfer decision, or a decision to reject a take charge request before a court or tribunal.

Added:Article 33 – paragraph 1 – subparagraph 2 – introductory part: The remedy against a transfer decision shall entail an ex nunc assessment of at least:

Added:Article 33 – paragraph 1 – subparagraph 2 – point a: (a) whether the transfer would, for the person concerned, result in a real risk of a violation of a right guaranteed in the Charter of Fundamental Rights;

Added:Article 33 – paragraph 2: 2. Member States shall provide for a period of one week after the notification of a transfer decision or decision to reject a take charge request within which the person concerned may exercise his or her right to an effective remedy pursuant to paragraph 1. No transfer shall take place before the decision on the appeal or review against a transfer decision is taken (suspensive effect).

Added:Article 33 – paragraph 3 – subparagraph 1: deleted

Added:Article 33 – paragraph 3 – subparagraph 2: deleted

Added:Article 33 – paragraph 3 – subparagraph 3: deleted

Added:Article 33 – paragraph 3 – subparagraph 4: The court or tribunal shall endeavour to decide on the substance of the appeal or review within one month of the appeal or review.

Added:Article 33 – paragraph 4: 4. Member States shall ensure that the person concerned has access to legal assistance at all stages of the procedure and, where necessary, to linguistic assistance.

Added:Article 33 – paragraph 5 – subparagraph 1: Member States shall ensure that legal assistance is granted on request free of charge. Member States may provide that, as regards fees and other costs, the treatment of persons subject to this Regulation shall not be more favourable than the treatment generally accorded to their nationals in matters pertaining to legal assistance.

Added:Article 33 – paragraph 5 – subparagraph 2: deleted

Added:Article 33 – paragraph 5 – subparagraph 5: Legal assistance shall include at least the preparation of the required procedural documents and representation before a court or tribunal.

Added:Article 34 – paragraph 1: 1. Member States may hold a person in detention to secure the transfer procedures pursuant to Article 8(3), point (g), of Directive xxx/xxx [Reception Conditions Directive].

Added:Article 34 – paragraph 2: deleted

Added:Article 34 – paragraph 2 a (new): 2a. As regards the detention conditions and the guarantees applicable to applicants detained in order to secure the transfer procedures to the Member State responsible, Articles 9, 10 and 11 of Directive XXX/XXX/EU [Reception Conditions Directive] shall apply.

Added:Article 34 – paragraph 3: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Added:Article 34 – paragraph 4: deleted

Added:Article 34 – paragraph 5: deleted

Added:Article 34 a (new): Article 34a / Time limits for detained applicants / 1. By way of derogation from Articles 29 and 31, where a person is detained pursuant to Article 34, the period for submitting a take charge or take back request shall not exceed two weeks from the registration of the application for international protection. / Where a person is detained at a later stage than the registration of the application, the period for submitting a take charge request or a take back request shall not exceed two weeks from the date on which the person was placed in detention. / 2. By way of derogation from Article 30(1), the requested Member State shall reply as soon as possible, and in any event within two weeks of receipt of the request. / 3. By way of derogation from Article 35, where a person is detained, the transfer of that person from the requesting Member State to the Member State responsible shall be carried out as soon as practically possible, and at the latest within eight weeks of: / (a) the date on which the request to take charge or take back was accepted, or / (b) the date on which the decision on appeal or review was taken. / 4. Where the requesting Member State, for reasons beyond its control fails to comply with the time limits for submitting a take charge request or take back request or to take a transfer decision within the time limit laid down in Article 32(1) or where the transfer does not take place within the period of eight weeks referred to in paragraph 3 of this Article, the …

Added:Article 35 – paragraph 1 – subparagraph 1: The transfer of an applicant or of another person as referred to in Article 26(1), point (b), (c) and (d), from the requesting Member State to the Member State responsible shall be carried out in accordance with the national law of the requesting Member State, after consultation between the Member States concerned, as soon as practically possible, and at the latest within three months of the acceptance of the take charge or take back request by another Member State or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with Article 33(3). That time limit may be extended up to a maximum of one year, if the transfer cannot be carried out due to imprisonment of the person concerned or his or her non-compliance with the transfer decision.

Added:Article 35 – paragraph 1 – subparagraph 2: Where the transfer is carried out for the purpose of relocation, the transfer shall take place within the time limit set out in Article 57(8).

Added:Article 35 – paragraph 1 – subparagraph 3: If transfers to the Member State responsible are carried out by supervised departure or under escort, Member States shall ensure that they are carried out in a humane manner and with full compliance with fundamental rights and human dignity.

Added:Article 35 – paragraph 1 – subparagraph 4: If necessary, the applicant shall be supplied by the requesting Member State with a laissez passer. The Commission shall, by means of implementing acts, establish the design of the laissez passer. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).

Added:Article 35 – paragraph 1 – subparagraph 5: The Member State responsible shall inform the requesting Member State, as appropriate, of the safe arrival of the person concerned or of the fact that he or she did not appear within the set time limit.

Added:Article 35 – paragraph 2 – subparagraph 1: Where the transfer does not take place within the time limits set out in paragraph 1, first subparagraph, the Member State responsible shall be relieved of its obligations to take charge of or to take back the person concerned and responsibility shall be transferred to the requesting Member State, unless the Member State responsible is accountable for the failure of the transfer.

Added:Article 35 – paragraph 2 – subparagraph 2: Notwithstanding the first subparagraph, where the person concerned absconds and the requesting Member State informs the Member State responsible before the expiry of the time limits set out in paragraph 1, first subparagraph, that the person concerned has absconded, the transferring Member State shall retain the right to carry out the transfer within one year from when the requesting Member State informed the Member State responsible, should the person become available to the authorities again, unless another Member State has carried out the procedures in accordance with this Regulation and transferred the person to the responsible Member State after the person absconded.

Added:Article 35 – paragraph 4: 4. The Commission shall, by means of implementing acts, establish uniform methods for the consultation and exchange of information between Member States, in particular in the event of postponed or delayed transfers, transfers following acceptance by default, transfers of minors or dependent persons, and supervised transfers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).

Added:Article 36 – paragraph 1: 1. In accordance with Article 20 of Regulation (EU) 2021/1147, a contribution shall be paid to the Member State carrying out the transfer for the transfer of an applicant or another person as referred to in Article 26(1), point (b), (c) or (d), pursuant to Article 35.