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DRAFT REPORT (COM(2016)0468 – C80325/2016 – 2016/0225(COD))

On the proposal for a regulation of the European Parliament and of the Council establishing a Union Resettlement Framework and amending Regulation (EU) No 516/2014 of the European Parliament and the Council

LIBE-PR-601257

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Malin Björk

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The rapporteur's draft report proposes Parliament's position on a regulation establishing a Union Resettlement Framework for admitting third-country nationals and stateless persons in need of international protection. It would base the framework on UNHCR's projected global resettlement needs, set a target of at least 25% of those needs, and align it with existing international resettlement structures. It deletes references to the EU-Turkey Statement and to linking resettlement with third-country cooperation on migration, and removes several exclusion grounds. It adds an emergency procedure and quota, requires Member States to rely primarily on UNHCR for identifying cases, and lets them issue more favourable residence permits. It changes the annual plan into a two-yearly plan adopted by delegated acts, and adjusts funding to EUR 6 000 per resettled person, raised to EUR 10 000 under a targeted scheme.

Committee position. The rapporteur proposes to amend the Commission proposal to base the framework on humanitarian needs and UNHCR structures, raise resettlement numbers, delete links to third-country migration cooperation and the EU-Turkey Statement, add an emergency procedure, and adjust funding and delegated powers.

Key points

  1. Resettlement is defined as the selection, admission and transfer of persons in need of international protection to a Member State to grant protection and a durable solution.
  2. The framework should be based on humanitarian needs, contribute to global resettlement needs and alleviate protracted refugee situations, aiming at least 25% of UNHCR's projected global needs.
  3. Resettlement should not replace spontaneous arrival of asylum-seekers and should be complemented by other legal pathways such as family reunification, humanitarian visas and labour migration.
  4. References to the EU-Turkey Statement and the Voluntary Humanitarian Admission Scheme with Turkey are deleted from the recitals.
  5. Factors linking resettlement to third-country cooperation on migration, border control, readmission and asylum are deleted from the geographical priorities.
  6. Geographical priorities should instead be based on UNHCR's Projected Global Resettlement Needs document and the strategic use of resettlement.
  7. Eligibility criteria are expanded to include gender, gender identity, gender expression and sexual orientation, and persons in protracted refugee situations.
  8. Several exclusion grounds are deleted, including danger to the community, Schengen alerts, irregular stay or entry, and previous refusal to resettle.
  9. The annual Union resettlement plan becomes a two-yearly plan adopted by delegated acts, including a target number and an unallocated emergency quota.
  10. An emergency procedure is added for urgent cases, with Member States aspiring to decide within two weeks from submission and ensuring immediate transfer.
  11. Member States should primarily rely on UNHCR for identification and submission of cases, and may request UNHCR or the European Union Agency for Asylum to assess cases.
  12. Member States may issue residence permits of permanent or unlimited validity on more favourable terms, and must communicate reasons for rejection to UNHCR.

Who is affected

  • Member States, which would implement resettlement schemes, receive funding and may issue more favourable residence permits.
  • Third-country nationals and stateless persons in need of international protection, who would be eligible for resettlement under expanded criteria.
  • UNHCR, which would be primarily responsible for referring persons eligible for resettlement.
  • The European Union Agency for Asylum, which may assist Member States if requested.
  • Iceland, Liechtenstein, Norway and Switzerland, which would be invited to be associated with the Union resettlement plan.

Figures and deadlines

  • at least 25% of the global resettlement needs, as the aim for scaling up Member States' collective efforts
  • five years, the maximum period for storing personal data collected for the resettlement procedure
  • eight months from registration, the deadline for Member States to decide on resettlement
  • four months, the maximum extension of the decision time-limit where complex issues are involved
  • two weeks from submission of a case, the aspiration for a decision under the emergency procedure
  • EUR 6 000 for each resettled person, the lump sum Member States receive every two years
  • EUR 10 000 for each person resettled in accordance with a targeted resettlement scheme
  • 4 years, the period for which delegated powers are conferred on the Commission

Legal basis: Article 294(2) and Article 78(2)(d) and (g) of the Treaty on the Functioning of the European Union