Legal provisions of COM(2016)468 - Union Resettlement Framework

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dossier COM(2016)468 - Union Resettlement Framework.
document COM(2016)468 EN
date July 13, 2016

Contents

Article 1 - Subject matter

This Regulation establishes a Union Resettlement Framework for the admission of third-country nationals and stateless persons to the territory of the Member States with a view to granting them international protection.

Article 2 - Resettlement

For the purposes of this Regulation resettlement means the admission of third-country nationals and stateless persons in need of international protection from a third country to which or within which they have been displaced to the territory of the Member States with a view to granting them international protection.

Article 3 - Union Resettlement Framework

A Union Resettlement Framework is hereby established.

It lays down rules on the resettlement of third-country nationals and stateless persons to the territory of the Member States.

The Union Resettlement Framework shall:

(a)provide for the legal and safe arrival of third-country nationals and stateless persons in need of international protection to the territory of the Member States;

(b)contribute to the reduction of the risk of a large-scale irregular inflow of third-country nationals and stateless persons in need of international protection to the territory of the Member States;

(c)contribute to international resettlement initiatives.

Article 4 - Regions or third countries from which resettlement is to occur

In determining the regions or third countries from which resettlement shall occur within the Union Resettlement Framework, in accordance with the implementing acts referred to in Articles 7 and 8, the following factors shall be taken into consideration:

(a)the number of persons in need of international protection displaced to or within a third country and any onward movement of those persons to the territory of the Member States;

(b)complementarity with financial and technical assistance provided to third countries to which or within which persons in need of international protection have been displaced;

(c)the Union's overall relations with the third country or countries from which resettlement occurs, and with third countries in general;

(d)a third country's effective cooperation with the Union in the area of migration and asylum, including:

(i) reducing the number of third-country nationals and stateless persons irregularly crossing the border into the territory of the Member States coming from that third country;

(ii) creating the conditions for the use of the first country of asylum and safe third country concepts for the return of asylum applicants who have irregularly crossed the border into the territory of the Member States coming from or having a connection with the third country concerned;

(iii) increasing the capacity for the reception and protection of persons in need of international protection staying in that country, including through the development of an effective asylum system; or

(iv) increasing the rate of readmission of third-country nationals and stateless persons irregularly staying in the territory of the Member States such as through the conclusion and effective implementation of readmission agreements;

(e)the scale and content of commitments to resettlement undertaken by third countries.

Article 5 - Eligibility criteria

The following third-country nationals or stateless persons shall be eligible for targeted Union resettlement schemes established in accordance with Article 8:

(a)(i) third-country nationals, who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, are outside the country of nationality or the part of that country in which they formerly habitually resided, and are unable or, owing to such fear, are unwilling to avail themselves of the protection of that country, or stateless persons, who, being outside of the country of former habitual residence or of the part of that country in which they formerly habitually resided, for the same reasons as mentioned above, are unable or, owing to such fear, unwilling to return to or stay in it, or, failing that,

(ii) third-country nationals, who are outside the country of nationality or the part of that country in which they formerly habitually resided, or stateless persons, who are outside of the country of former habitual residence or of the part of that country in which they formerly habitually resided, and in respect of whom substantial grounds have been shown for believing that they, if returned to or staying in their country of origin or former habitual residence, would face a real risk of suffering serious harm, and are unable, or, owing to such risk, are unwilling to avail themselves of the protection of that country;

(b)third-country nationals and stateless persons who fall within at least one of the following categories:

(i) vulnerable persons:

– women and girls at risk;

– children and adolescents at risk, including unaccompanied children;

– survivors of violence and/or torture, including on the basis of gender;

– persons with legal and/or physical protection needs;

– persons with medical needs or disabilities; or

– persons with socio-economic vulnerability;

(ii) family members of third-country nationals or stateless persons or Union citizens legally residing in a Member State:

– the spouse or unmarried partner in a stable relationship, where the law or practice of the Member State concerned treats unmarried couples in a way comparable to that of married couples under its law relating to third-country nationals or stateless persons;

– the minor children of couples referred to in the first indent or of third-country nationals or stateless persons to be resettled, on the condition that they are unmarried, regardless of whether they were born in or out of wedlock or adopted as defined under national law;

– the father, mother or another adult responsible for the unmarried minor to be resettled, whether by law or by the practice of the Member State where the adult is present;

– the sibling or siblings of the third-country nationals or stateless persons to be resettled;

– third-country nationals or stateless persons to be resettled who are dependent on their child or parent for assistance as a result of pregnancy, a newborn child, serious illness, severe disability or old age, provided that family ties existed in the country of origin, that the child or parent is able to take care of the dependent person and that the persons concerned expressed their desire in writing;

(c)third-country nationals or stateless persons who do not fall within the scope of Article 1D of the 1951 Geneva Convention, relating to protection or assistance from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees ("UNHCR");

(d)third-country nationals or stateless persons who have not been recognised by the competent authorities of the country in which they are present or have taken up residence as having the rights and obligations which are attached to the possession of the nationality of that country, or rights and obligations equivalent to those.

Member States shall ensure that family unity can be maintained between persons referred to in point (b)(ii).

Article 6 - Grounds for exclusion

1. The following third-country nationals or stateless persons shall be excluded from targeted Union resettlement schemes established in accordance with Article 8:

(a)persons for whom there are reasonable grounds for considering that:

(i) they have committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes;

(ii) they have committed a serious crime;

(iii) they have been guilty of acts contrary to the purposes and principles of the United Nations as set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations;

(b)persons for whom there are reasonable grounds for considering that they are a danger to the community, public policy, security, public health or the international relations of the Member State examining the resettlement file, including where a second Member State has required the Member State examining the resettlement file to consult that second Member State during the examination in relation to specific third-country nationals or stateless persons or specific categories of third-country nationals or stateless persons, that second Member State has objected to their resettlement on these grounds;

(c)persons for whom an alert has been issued in the Schengen Information System or in a national database of a Member State for the purposes of refusing entry;

(d)persons who have irregularly stayed, irregularly entered, or attempted to irregularly enter the territory of the Member States during the five years prior to resettlement;

(e)persons who have already been resettled by another Member State in the implementation of this Regulation, the Conclusions of the Representatives of the Governments of the Member States meeting within the Council 11097/15 of 20 July 2015, the EU-Turkey Statement of 18 March 2016, the Commission Recommendation C(2015) 9490 of 15 December 2015, or a national resettlement scheme; and

(f)persons whom Member States have during the last five years prior to resettlement refused to resettle in accordance with this paragraph.

Point (a) of this paragraph applies to persons who incite or otherwise participate in the commission of the crimes or acts mentioned therein.

2. Third-country nationals or stateless persons may be excluded from targeted Union resettlement schemes established in accordance with Article 8, where one of the grounds for exclusion referred to in points (a) or (b) of paragraph 1 applies prima facie.

Article 7 - Annual Union resettlement plan

1. On the basis of a proposal from the Commission, the Council shall adopt an annual Union resettlement plan in the year preceding that in which it is to be implemented.

2. The annual Union resettlement plan shall include:

(a)the maximum total number of persons to be resettled;

(b)details about the participation of the Member States in the annual Union resettlement plan and their contributions to the total number of persons to be resettled;

(c)overall geographical priorities.

Article 8 - Targeted Union resettlement schemes

1. The Commission shall adopt implementing acts establishing targeted Union resettlement schemes consistent with the annual Union resettlement plan adopted pursuant to Article 7. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).

2. A targeted Union resettlement scheme shall include at least:

(a)a detailed justification for the targeted Union resettlement scheme;

(b)the precise number of persons to be resettled from the maximum total number as set out in the annual Union resettlement plan provided for in point (a) of Article 7(2) and details about the participation of the Member States in the targeted Union resettlement scheme;

(c)the specification of the regions or third countries from which resettlement is to occur as referred to in Article 4;

(d)where necessary, local coordination and practical cooperation arrangements among Member States, supported by the [European Union Agency for Asylum] in accordance with Article 12(3), and with third countries, and UNHCR or other partners;

(e)a description of the specific group or groups of third-country nationals or stateless persons to whom the targeted Union resettlement scheme shall apply;

(f)whether the ordinary procedure set out in Article 10 or the expedited procedure set out in Article 11 shall be applied specifying where necessary how the identification and assessment of third-country nationals or stateless persons shall be carried out and the timeframe for taking decisions on resettlement;

(g)the date on which the targeted Union resettlement scheme shall take effect and its duration.

Article 9 - Consent

The resettlement procedures laid down in Articles 10 and 11 shall apply to third-country nationals or stateless persons who have given their consent to be resettled and have not subsequently withdrawn their consent, including refusing resettlement to a particular Member State.

Article 10 - Ordinary procedure

1. When implementing a targeted Union resettlement scheme, Member States shall identify third-country nationals or stateless persons and assess whether those third-country nationals or stateless persons fall within the scope of a targeted Union resettlement scheme.

Member States may give preference inter alia to third-country nationals or stateless persons with:

(a)family links with third-country nationals or stateless persons or Union citizens legally residing in a Member State;

(b)social or cultural links, or other characteristics that can facilitate integration in the participating Member State, provided that this is without discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation, without prejudice to differences in treatment necessary for the assessment referred to in the first subparagraph;

(c)particular protection needs or vulnerabilities.

2. After identifying third-country nationals or stateless persons, Member States shall register the following information of those for whom they intend to conduct the resettlement procedure:

(a)the name, date of birth, gender, nationality and other personal details

(b)the fingerprints of all fingers and a facial image of every third-country national or stateless person of at least six years of age;

(c)the type and number of any identity or travel document of the third-country national; and

(d)the date of the registration, the place where the registration is made, and the authority making the registration.

Additional data necessary for the implementation of paragraphs 3 and 4 may also be collected at the time of registration.

3. Member States shall assess whether the third-country nationals or the stateless persons referred to in paragraph 2 meet the eligibility criteria set out in Article 5 and whether they are not excluded in accordance with Article 6(1).

Member States shall make that assessment on the basis of documentary evidence, including, where applicable, information from UNHCR on whether the third-country nationals or the stateless persons qualify as refugees or on the basis of a personal interview or a combination of both.

4. Member States shall take a decision on the resettlement of third-country nationals or stateless persons on the basis of the assessment referred to in paragraph 3 as soon as possible and not later than eight months from their registration. Member States may extend that time-limit of eight months by a period of not more than four months, where complex issues of fact or law are involved.

5. Member States shall store the data referred to in paragraphs 2 to 4 for five years from the date of resettlement.

Upon expiry of that period, Member States shall erase the data. Member States shall erase data relating to a person who has acquired citizenship of any Member State before the expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.

6. Where a negative decision is taken, no resettlement of the person concerned shall occur.

7. Where a positive decision is taken, the Member State shall:

(a)grant refugee status where the third-country national or the stateless person concerned qualifies as a refugee or subsidiary protection status where the third-country national or the stateless person concerned is eligible for subsidiary protection. The Member State shall notify the third-country national or the stateless person concerned of that decision. The decision to grant refugee status or subsidiary protection status shall have the same effect as a decision to grant refugee status or to grant subsidiary protection status referred to in Articles 13 and 19 of Regulation (EU) No XXX/XXX [Qualification Regulation], once the person concerned has entered the territory of a Member State;

(b)offer to make travel arrangements, including fit-to-travel medical checks, and provide transfer to their territory free of charge, and that offer shall include, where necessary, the facilitation of exit procedures in the third country from where the third-country national or the stateless person is admitted;

(c)offer a pre-departure orientation programme to third-country nationals or stateless persons, which may include information about their rights and obligations, language classes, and information about the Member State's social, cultural and political set-up.

8. For the purpose of implementing the ordinary procedure, prior to identifying third-country nationals or stateless persons, Member States may request UNHCR, or where applicable, [the European Union Agency for Asylum] or relevant international bodies to refer to them third-country nationals or stateless persons in relation to whom those entities have fully assessed:

(a)whether they fall within the scope of the targeted Union resettlement scheme; and

(b)whether they fall under one of the vulnerability categories set out in point (b)(i) of Article 5.

Member States may also request UNHCR to fully assess whether third-country nationals or stateless persons referred to them by UNHCR qualify as refugees within the meaning of Article 1 of the 1951 Geneva Convention.

Member States may also request that inter alia the criteria set out in points (a) to (c) of paragraph 1 be taken into account.

9. The Commission shall be empowered to adopt delegated acts in accordance with the procedure laid down in Article 14 to supplement the elements referred to in paragraphs 1 to 4, in order to adapt the resettlement procedure to the circumstances in the third country from which resettlement takes place where necessary.

Article 11 - Expedited procedure

Where the Commission implementing act adopting a targeted Union resettlement scheme provides for an expedited procedure, and by way of derogation from Article 10, Member States:

(1) shall not assess whether the third-country nationals or the stateless persons meet the requirements referred to in point (a)(i) of Article 5;

(2) shall not require UNHCR to assess whether the third-country nationals or the stateless persons qualify as refugees within the meaning of Article 1 of the 1951 Geneva Convention;

(3) shall take a decision on resettlement as soon as possible and not later than four months from a third-country national's registration referred to in Article 10(2); the Member States may extend that time-limit of four months by a period of not more than two months, where complex issues of fact or law are involved.

(4) shall grant the third-country nationals or the stateless persons concerned subsidiary protection status.

The subsidiary protection status granted on the basis of point (4) shall be considered to have been terminated where a final decision has been taken on an application for international protection made by the beneficiary of that status.

Article 12 - Operational cooperation

1. To facilitate the implementation of the targeted Union resettlement schemes, Member States shall appoint national contact points and may decide to appoint liaison officers in third countries.

2. [The European Union Agency for Asylum] may support Member States, including by coordinating technical cooperation between them, assisting them in the implementation of targeted Union resettlement schemes and facilitating the sharing of infrastructure in accordance with [Regulation (EU) No XXX/XXX (EU Asylum Agency Regulation) 39 ].

3. To implement targeted Union resettlement schemes, and in particular to conduct pre-departure orientation programmes, fit-to-travel medical checks, travel arrangements and other practical arrangements, Member States may be assisted by partners in accordance with local coordination and practical cooperation arrangements for targeted Union resettlement schemes established in accordance with point (d) of Article 8(2).

Article 13 - High-Level Resettlement Committee

1. A High-Level Resettlement Committee shall be established, composed of representatives of the European Parliament, the Council, the Commission, the High Representative of the Union for Foreign Affairs and Security Policy, and the Member States. [The European Union Agency for Asylum,] UNHCR, and IOM may be invited. Representatives of Iceland, Liechtenstein, Norway, and Switzerland shall be invited to attend the meetings of the High-Level Resettlement Committee where they have indicated their intention to be associated with the implementation of the annual Union resettlement plan.

2. The High-Level Resettlement Committee shall be chaired by the Commission. It shall meet whenever necessary at the invitation of the Commission or at a request of a Member State and shall meet at least once a year.

3. The Commission shall consult the High-Level Resettlement Committee on issues related to the implementation of the Union Resettlement Framework.

Article 14 - Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Article 10(9) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.

3. The delegation of power referred to in Article 10(9) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016 40 .

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6. A delegated act adopted pursuant to Article 10(9) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 15 - Committee procedure

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 16 - Association with Iceland, Liechtenstein, Norway, and Switzerland

Iceland, Liechtenstein, Norway, and Switzerland shall be invited to be associated with the implementation of the annual Union resettlement plan. The core elements of this Regulation, in particular those related to the resettlement procedure and to the rights and obligations of resettled persons, shall be duly taken into account in that association.

Article 17 - Amendments to Regulation (EU) No 516/2014

Regulation (EU) No 516/2014 is amended as follows:

(1) in Article 1, point (d) of paragraph 2 is deleted.

(2) Article 2 is amended as follows:

(a)point (a) is replaced by the following:

'(a) resettlement means the admission of third-country nationals or stateless persons in need of international protection from a third country to which or within which they have been displaced to the territory of one of the Member States with a view to granting them international protection';

(b)the following points (aa) and (ab) are inserted:

'(aa) Union Resettlement Framework means the Union Resettlement Framework established in accordance with [Regulation (EU) No XXX/XXX (Resettlement Framework Regulation)];

(ab) targeted Union resettlement scheme means a targeted Union resettlement scheme established in accordance with Article 15(2) of [Regulation (EU) No XXX/XXX (Resettlement Framework Regulation)]'.

(3) Article 17 is replaced by the following:

'Article 17

Resources for the Union Resettlement Framework

1. In addition to their allocation calculated in accordance with point (a) of Article 15(1), Member States shall receive for each resettled person in accordance with a targeted Union resettlement scheme a lump sum of EUR 10,000.

2. The amount referred to in paragraph 1 shall be allocated to the Member States in the individual financing decisions approving their revised national programme in accordance with the procedure laid down in Article 14 of Regulation (EU) 514/2014.

3. Each Member States to whom an amount referred to in paragraph 1 has been allocated shall include in the annual accounts provided for in Article 39 the number of persons qualifying for the amount. Transfers of this amount to other actions under the national programme shall not be possible unless explicitly approved by the Commission through a revision of the national programme.

4. Member States shall keep the information necessary to allow the proper identification of the resettled persons and of the date of their resettlement.

5. Allocations made before [date of entry into force of [Regulation (EU) No XXX/XXX (Resettlement Framework Regulation)] shall not be affected.'

(4) the term Union Resettlement Programme is replaced by the term Union Resettlement Framework.

(5) Annex III is deleted.

Article 18 - Evaluation and Review

1. By 31 December 2018 the Commission shall report to the European Parliament and the Council on the application of this Regulation in the Member States.

2. Member States shall provide the Commission and [the European Union Agency for Asylum] with the necessary information for drawing up its report for the purpose of paragraph 1 in addition to the information provided to [the European Union Agency for Asylum] on the number of third-country nationals and stateless persons effectively resettled on a weekly basis as laid down in Article 22(3) of [Regulation (EU) No XXX/XXX (Dublin Regulation)].

3. The European Parliament and the Council shall, on the basis of the proposal of the Commission, taking into account the report referred to in paragraph 1, review this Regulation by 30 June 2020.

Article 19 - Entry into force

This Regulation shall enter into force on the […] day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.