What changed between the draft committee report and the plenary report

Added:Article 37 – paragraph 2 – introductory part: 2. The transferring Member State shall transmit to the Member State responsible any information that is essential in order to safeguard the rights and immediate specific needs of the person to be transferred, and in particular:

Added:Article 37 – paragraph 2 – point a: (a) any immediate measures which the Member State responsible is required to take in order to ensure that the specific needs of the person to be transferred are adequately addressed, including any immediate health care that may be required and, where necessary, any arrangements needed to uphold the best interest of the child;

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

Added:Article 37 – paragraph 2 – point d: (d) an assessment of the age of an applicant, where relevant;

Article 37 – paragraph 2 – point e a (new): (ea) any other relevant information.

Change 43

Added:Article 37 – paragraph 4: 4. With a view to facilitating the exchange of information between Member States, the Commission shall, by means of delegated acts, draw up a standard form for the transfer of the data required pursuant to this Article. Those delegated acts shall be adopted in accordance with the examination procedure laid down in Article 68.

Added:Article 38 – paragraph 1: Where the Member State carrying out a transfer is in possession of information that indicates that there are reasonable grounds to consider the applicant or another person as referred to in Article 26(1), point (b), (c) or (d), a threat to internal security in a Member State, that Member State shall also communicate such information to the Member State responsible.

Added:Article 39 – paragraph 1 – subparagraph 1: For the sole purpose of the provision of medical care or treatment, in particular concerning vulnerable persons, including disabled persons, elderly people, pregnant women, minors and persons who have been subject to torture, rape or other serious forms of psychological, physical and sexual violence, the transferring Member State shall, in so far as it is available to the competent authority in accordance with national law, transmit to the Member State responsible information on any specific needs of the person to be transferred, which in specific cases may include information on that person’s physical or mental health. That information shall be transferred in a common health certificate with the necessary documents attached. The Member State responsible shall ensure that those special needs are adequately addressed, including in particular any essential medical care that may be required.

Added:Article 39 – paragraph 1 – subparagraph 2: The Commission shall, by means of implementing acts, draw up the common health and vulnerabilities certificate. Those implementing acts shall be adopted in accordance with the examination procedure laid down in Article 67(2).

Added:Article 39 – paragraph 2: 2. The transferring Member State shall only transmit the information referred to in paragraph 1 to the Member State responsible after having obtained the explicit consent of the applicant and/or of his or her guardian or when such transmission is necessary to protect public health and public security, or, where the person concerned is physically or legally incapable of giving his or her consent, to protect the vital interests of the person concerned or of another person. The lack of consent, including a refusal to consent, shall not constitute an obstacle to the transfer.

Article 40 – paragraph 1 – point c a (new): (ca) implementing a return decision.

Change 44

Removed:Article 40 – paragraph 3: 3. Provided it is necessary for the examination of the application for international protection, the Member State responsible may request another Member State to let it know on what grounds the applicant bases his or her application and, where applicable, the grounds for any decisions taken concerning the applicant. Information shall be shared through the DubliNet Network, established by Commission Regulation (EC) No 1560/2003.59a The other Member State may refuse to respond to the request submitted to it, if the communication of such information is likely to harm its essential interests or the protection of the liberties and fundamental rights of the person concerned or of others. The applicant shall be informed about the specific information requested by the requesting Member State and the reason for the request in advance. / 59a Commission Regulation (EC) No 1560/2003 of 2 September 2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (OJ L 222, 5.9.2003, p. 3)

Added:Article 40 – paragraph 2 – point f: (f) the place where the application was made;

Removed:Article 43 – paragraph 1: The Asylum Agency shall set up and facilitate the activities of a network or networks of the competent authorities referred to in Article 41(1), with a view to enhancing practical cooperation and information sharing on all matters related to the application of this Regulation, including the development of practical tools and guidance. / The European Border and Coast Guard Agency and other relevant Union bodies, offices and agencies shall be represented in those networks when necessary.

Added:Article 40 – paragraph 2 – point g: (g) the date on which any previous application for international protection was made, the date on which the current application was registered, the stage reached in the proceedings and the decision taken, if any.

Removed:Article 45 – paragraph 1 – introductory part: 1. Solidarity contributions for the benefit of a Member State under migratory pressure shall consist of the following types:

Added:Article 40 – paragraph 3: 3. Provided it is necessary for the examination of the application for international protection, the Member State responsible may request another Member State to let it know on what grounds the applicant bases his or her application and, where applicable, the grounds for any decisions taken concerning the applicant. The other Member State may refuse to respond to the request submitted to it, if the communication of such information is likely to harm or the protection of the liberties and fundamental rights of the person concerned or of others. The applicant shall be informed about the specific information requested by the requesting Member State and the reason for the request in advance.

Removed:Article 45 – paragraph 1 – point d a (new): (da) the decision by a Member State to examine an application for international protection pursuant to Article 25.

Added:Article 40 – paragraph 9: 9. In each Member State concerned, a record shall be kept, in the individual file for the person concerned or in a register, of the transmission and receipt of information exchanged. The security and confidentiality of that record shall be ensured.

Removed:Article 46: deleted / (deleted) / (deleted)

Added:Article 41 – paragraph 1: 1. Each Member State shall notify the Commission without delay of the specific authorities responsible for fulfilling the obligations arising under this Regulation, and any amendments thereto. The Member States shall ensure that those authorities have the necessary human, material and financial resources for carrying out their tasks and in particular for applying the procedures for determining the Member State responsible for examining an application for international protection in a rapid and efficient manner, safeguarding procedural and fundamental rights, replying within the prescribed time limits to requests for information, requests to take charge or, take back notifications and, if applicable, complying with their obligations under Chapters I-III of Part IV.

Added:Article 42 – paragraph 3: 3. Before concluding or amending any arrangement as referred to in paragraph 1, point (b), the Member States concerned shall consult the Commission as to the compatibility of the arrangement with this Regulation and relevant Union acquis, including the Charter of Fundamental Rights.

Added:Article 42 – paragraph 4: 4. If the Commission considers the arrangements referred to in paragraph 1, point (b), to be incompatible with this Regulation and relevant Union acquis, it shall, within a reasonable period, notify the Member States concerned. The Member States shall take all appropriate steps to amend the arrangement concerned within a reasonable time in such a way as to eliminate any incompatibilities observed.

Added:Article 43 – paragraph 1: The Asylum Agency shall set up and facilitate the activities of a network or networks of the competent authorities referred to in Article 41(1), with a view to enhancing the transfers, practical cooperation and information sharing on all matters related to the full application of this Regulation, including the development of practical tools, best practices and guidance.

Added:Article 43 – paragraph 1 a (new): 1a. The European Border and Coast Guard Agency and other relevant Union bodies, offices and agencies shall be represented in a network or networks when necessary.

Added:Article 44: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Added:Article 45 – title: Solidarity contributions to a Member State under migratory pressure

Added:Article 45 – paragraph 1 – introductory part: 1. Solidarity contributions for the benefit of a Member State under migratory pressure, including as a result of recurring arrivals by sea, in particular through disembarkations following search and rescue operations and activities or as a result of the arrival of persons in a vulnerable situation, shall be provided by a contributing Member State and reflect the needs of the benefitting Member State and primarily consist of:

Added:Article 45 – paragraph 1 – point a: (a) relocation of applicants for international protection;

Added:Article 45 – paragraph 1 – point b: deleted

Added:Article 45 – paragraph 1 – point c: (c) relocation of beneficiaries of international protection who have been granted international protection less than three years prior to adoption of an implementing act pursuant to Article 53 and who have requested or consented to such relocation in writing.

Added:Article 45 – paragraph 1 – point d: deleted

Added:Article 45 – paragraph 1 a (new): 1a. A contributing Member State may, with the agreement of the benefitting Member State, also decide to examine an application for international protection pursuant to Article 25.

Added:Article 45 – paragraph 2: deleted / (deleted) / (deleted)

Added:Article 45 – paragraph 2 a (new): 2a. A contributing Member State may commit to capacity-building measures in the benefitting Member State pursuant to Article 55a(1).

Added:Article 45 a (new): Article 45a / Voluntary contributions to another Member State / Voluntary contributions for the benefit of another Member State may be provided by a contributing Member State. Such contributions may consist of: / (a) solidarity contributions referred to in Article 45(1); / (b) capacity building measures pursuant to Article 55a (2).

Added:Article 45 b (new): Article 45b / Annual solidarity pool / 1. The Commission, led by the EU Relocation Coordinator shall each year establish an annual solidarity pool on the basis of the projected annual solidarity needs pursuant to Article 4b. The pool shall consist of: / (a) the total number of required relocation pursuant to Article 45(1), points (a) and (b); / (b) the total number of required relocations allocated for applicants arriving by sea, in particular through disembarkations following search and rescue operations or activities; / (c) the total need for capacity-building measures pursuant to Article 45(2). / Where the Commission adopts an amending delegated act pursuant to Article 4c(5), the pledges in the solidarity pool shall be updated accordingly. / The Commission and the Member States shall at all times prioritise relocation pursuant to Article 45(1), as the primary measure of solidarity. / 2. Within two weeks from the adoption of the delegated act pursuant to Article 4c, the EU Relocation Coordinator shall convene the Solidarity Forum. / Within the same two weeks, the Commission shall invite all contributing Member States, to provide pledges of their anticipated solidarity contributions to meet the identified needs. The pledges shall include the share of each type of contribution. / 3. At least 80 % of pledges in the solidarity pool shall be made up of relocation pursuant to paragraph 1, points (a) and (b), of this Article or the application of the discretionary clause pursuant …

Added:Article 46 – paragraph 1: 1. A Solidarity Forum shall comprise all Member States, represented at the level of responsibility and decision-making power that is approproiate in order to provide solidarity contributions for the creation of the solidarity pool pursuant to Article 45 a or solidarity response in situations of migratory pressure pursuant to Article 52. / The EU Relocation Coordinator shall, on behalf of the Commission, convene and preside the Solidarity Forum in order to ensure the smooth functioning of the solidarity mechanism and enhance the practical contributions between the Member States pursuant to 45b and Article 52.

Added:Article 46 – paragraph 1 a (new): 1a. The Solidarity Forum shall meet at least twice a year in order for the Member States to provide their pledges to the creation of the Solidarity Pool pursuant to 45b and as frequently as necessary according to needs as identified in accordance with Article 52.

Added:Article 46 – paragraph 1 b (new): 1b. The Asylum Agency shall participate in the Solidarity Forum. / The European Border and Coast Guard Agency and the European Union Agency for Fundamental Rights shall, where appropriate and where invited by the EU Relocation Coordinator, participate in the Solidarity Forum.

Article 47: deleted

Article 48: deleted

Article 49: deleted

Change 45

Changed:Article 5049 –a paragraph(new): 1Article –49a introductory/ part:Notification of migratory pressure / 1. TheA CommissionMember shallState assessthat has been identified in the migratorydelegated situationact referred to in Article 4c as a Member State followingthat could face a notificationsituation inof accordancemigratory withpressure Articleshall, 6c.when /it Theconsiders Commissionitself shallto alsobe assessunder the migratory situationpressure inas aprovided Memberfor Statein ifthe itdelegated considers,act, basednotify onthe availableCommission. information,/ 2. Following that notification, a Membersolidarity Stateresponse couldshall be underprovided migratoryin pressure.accordance with Article 52. Where necessary and where applicable, the Commission shall have recourse to Article 53.

Change 46

Added:Article 50 – paragraph -1 (new): -1. A Member State that has not been identified in the delegated act referred to in Article 4c shall, when it considers itself to be under migratory pressure, immediately request the Commission to assess whether it is under migratory pressure. / A Member State that has been identified in the delegated act referred to in Article 4c may also request such an assessment when faced with a situation of migratory pressure not provided for in that delegated act.

Added:Article 50 – paragraph 1 – introductory part: 1. The Commission shall, within one week of the request, initiate an assessment of whether the Member State that made the request is under migratory pressure.

Added:Article 50 – paragraph 1 – subparagraph 1 a (new): The Commission shall also assess the migratory situation in a Member State where:

Article 50 – paragraph 1 – point a: deleted

Change 47

Changed:Article 50 – paragraph 1 – point b: deleted(b) it considers, based on available information, that a Member State could be under migratory pressure;

Change 48

Removed:Article 50 – paragraph 2: 2. The Asylum Agency and the European Border and Coast Guard Agency shall assist the Commission in drawing up the assessment of migratory pressure. The Commission shall immediately inform the European Parliament, the Council and the Member States that it is undertaking an assessment.

Added:Article 50 – paragraph 1 – point b a (new): (ba) the European Parliament or the Council request the Commission to carry out such an assessment.

Change 49

Changed:Article 50 – paragraph 3 – introductory part:2: 3.2. The assessment ofAsylum migratoryAgency, pressurethe shallEuropean coverBorder theand situationCoast inGuard theAgency Memberand Statethe concernedEuropean duringUnion theAgency precedingfor sixFundamental months,Rights, comparedshall toassist the overall situationCommission in drawing up the Union,assessment andof shallmigratory bepressure, basedin oncooperation with the informationMember referredState toconcerned. inThe inCommission Articleshall 4b(1),immediately secondinform subparagraph,the includingEuropean theParliament, informationthe gatheredCouncil throughand the monitoringMember conductedStates, bythat theit Asylumis Agency.undertaking an assessment.

Change 50

Added:Article 50 – paragraph 3 – introductory part: 3. The assessment of migratory pressure shall be based on the situation in the Member State concerned during the preceding twelve months, compared to the overall situation in the Union, and shall be based on the information referred to in Article 4b(1), second subparagraph, including the information gathered through the monitoring conducted by the Asylum Agency.

7 unchanged paragraphs

Article 50 – paragraph 3 – point a: deleted

Article 50 – paragraph 3 – point b: deleted / (deleted)

Article 50 – paragraph 3 – point c: deleted

Article 50 – paragraph 3 – point d: deleted

Article 50 – paragraph 3 – point e: deleted

Article 50 – paragraph 3 – point f: deleted

Article 50 – paragraph 3 – point g: deleted