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
Date: 2016-07-13
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU Member State, EU migration policy, EU programme, aid to refugees, foreign national, integration of migrants, migratory movement, refugee, right of asylum, transfer of population

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   EUROPEAN COMMISSION  Brussels, 13.7.2016  COM(2016) 468 final 2016/0225 (COD)   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  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The Union is working towards an integrated, sustainable and holistic migration policy, based 
on solidarity and fair sharing of responsibilities, which can function effectively both in times 
of  calm  and  crisis.  The  European  Agenda  on  Migration1  laid  the  foundation  for  the 
Commission's continuous work to address both the immediate and the long-term challenges of 
managing migration flows effectively and comprehensively. 

Resettlement of third-country nationals or stateless persons is one of the avenues that can be 
offered  to  displaced  persons  in  need  of  international  protection  to  allow  them  to  enter  the 
Member States legally and safely and receive protection for as long as they need. It is also a 
tool  of  international  solidarity  and  responsibility  sharing  with  third  countries  to  which  or 
within which a large number of persons in need of international protection has been displaced 
as well as of migration and crisis management. 

Resettlement  is  an  integral  part  of  the  larger  objective  of  ensuring  that  protection  can  be 
offered to those who need it while reducing the irregular and dangerous routes that are used to 
obtain  such  protection,  preventing  the  smuggling  networks  to  profit  from  it,  and  show 
solidarity  with  countries  in  regions  to  which  or  within  which  a  large  number  of  persons  in 
need  of  international  protection  has  been  displaced  by  helping  to  alleviate  the  pressure  on 
those countries. 

The United Nations High Commissioner for Refugees (UNHCR) estimates that the number of 
people  in  need  of  resettlement  in  2017  will  surpass  1.19  million  worldwide,  while  only 
approximately 80,000 persons were resettled worldwide in 2015. UNHCR has over the past 
years  urged  the  Union  and  its  Member  States  to  increase  commitments  to  receive  refugees 
through sustainable resettlement programmes, among others, by endorsing the 2012 campaign 
led  by  the  International  Organisation  for  Migration  (IOM)  and  five  non-governmental 
organisations active in the field of refugee protection, to resettle 20,000 people every year by 
2020.2 

As  announced  in  its  Communication  of  6  April  2016  Towards  a  reform  of  the  Common 
European Asylum System and enhancing legal avenues to Europe3, the Commission aims to 
create  a  more  structured,  harmonised,  and  permanent  framework  for  resettlement  across  the 
Union, building on existing experiences. Such framework to guide future resettlement efforts 
in the Union is needed as the current absence of a more robust and collective Union approach 
to  resettlement  hampers  the  Union's  capacity  to  achieve  its  policy  objectives.  Although 
resettlement has been done for many years in the EU, so far all initiatives have been either a 
compilation of national or multilateral programmes, or have been organised in an ad-hoc way. 

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COM(2015) 240 final. 
Amnesty International, CCME, ECRE, ICMC, and Save me. 
COM(2016) 197 final. 

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Under  the  European  Refugee  Fund  (ERF)  and  continued  by  the  Asylum  Migration  and 
Integration Fund (AMIF) several aspects of resettlement have been agreed at Union level for 
the purpose of providing targeted financial incentives, namely through common resettlement 
priorities.  This  was  complemented  by  practical  collaboration  between  Member  States, 
including  through  the  European  Asylum  Support  Office  (EASO)  and  the  European 
Resettlement Network. 

Building  on  the  existing  resettlement  and  humanitarian  admission  initiatives  in  the  EU 
framework  as  well  as  on  the  experience  gained  through  national  resettlement  programmes, 
this legislative proposal aims to establish a Union Resettlement Framework with the objective 
to  facilitate  the  Union  policy  on  resettlement  and  provide  for  a  collective  and  harmonised 
approach  with  a  unified  procedure.  This  would  reduce  divergences  among  the  national 
resettlement practices and put the Union in a stronger position to achieve its policy objectives 
also  globally.  The  Union  should  be  able  to  speak  with  one  voice  in  the  international  fora, 
make  a  single  pledge  to  contribute  to  global  resettlement  initiatives  and  thus  gain  further 
visibility to EU efforts in order to convince its international partners to assume their share of 
responsibility, while gradually scaling up Member States' collective resettlement efforts. 

In particular, the proposal aims to: provide a common approach to safe and legal arrival in the 
Union for third-country nationals in need of international protection, thus also protecting them 
from  exploitation  by  migrant  smuggling  networks  and  endangering  their  lives  in  trying  the 
reach Europe; help reduce the pressure of spontaneous arrivals on the Member States' asylum 
systems; enable the sharing of the protection responsibility with countries to which or within 
which a large number of persons  in  need  of international protection has  been  displaced  and 
help alleviate the pressure on those countries; provide a common Union contribution to global 
resettlement efforts. 

• 

Consistency with existing policy provisions in the policy area 

The  proposal  is  consistent  and  complementary  with  the  following  resettlement  and 
humanitarian admission initiatives undertaken at the EU level.  

On 20 July 2015, Representatives of the Governments of the Member States meeting within 
the  Council  adopted  Conclusions4  to  resettle  22,504  persons  in  clear  need  of  protection 
through  multilateral  and  national  schemes,  together  with  Associated  States,  based  on  the 
Commission's  Recommendation  on  a  European  Resettlement  Scheme5  to  resettle  20,000 
people.  The  Commission  reports  regularly  about  the  implementation  of  these  Conclusions, 
notably through its Relocation and Resettlement Reports6. 

On  15  December  2015,  the  Commission  adopted  a  Recommendation  for  a  Voluntary 
Humanitarian Admission Scheme with Turkey7 to create solidarity and responsibility sharing 
with Turkey for the protection of persons displaced by the conflict in Syria to Turkey, many 

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11097/15. 
C(2015) 3560 final. 
Ref to report to be adopted on 13 July. 
C(2015) 9490. 

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elements  of  which  formed  part  of  the  implementation  of  the  EU-Turkey  Statement  of  18 
March 2016. It was agreed in the EU-Turkey Statement that, for every Syrian being returned 
to Turkey from Greek islands, another Syrian will be resettled from Turkey to the EU, taking 
into account the UN Vulnerability Criteria. 

On  21  March  2016,  the  Commission  tabled  a  proposal  for  a  Council  Decision  amending 
Council  Decision  (EU)  2015/1601  establishing  provisional  measures  in  the  area  of 
international  protection  for  the  benefit  of  Italy  and  Greece8.  This  proposal  enables  the 
Member States to use 54,000 places initially foreseen for relocation available for the purpose 
of admitting Syrians from Turkey through resettlement, humanitarian admission or other legal 
pathways. Member States would therefore be able to subtract from the number of applicants 
to be relocated the number of Syrians resettled to their territory from Turkey. These numbers 
would be in addition to the commitments carried out under the resettlement Conclusions of 20 
July 2015. 

The proposed Regulation is an essential part of the Common European Asylum System and is 
fully consistent with the first package of legislative proposals to reform it, presented on 4 May 
2016,  including  proposal  for  recast  of  the  Dublin  III  Regulation9,  recast  of  the  EURODAC 
Regulation,10 and a proposal for establishing a European Union Agency for Asylum11 as well 
as with the second package of legislative proposals, which includes the reform of the Asylum 
Procedures12, Reception Conditions13 and Qualification14 Directives. 

The  fairness  mechanism  set  out  in  the  proposal  for  the  reform  of  the  Dublin  III  Regulation 
will factor in the number of persons in need of international protection effectively resettled by 
Member  States.  For  the  purpose  of  calculating  the  corrective  allocation  mechanism  the 
number  of  resettled  persons  will  be  added  to  the  number  of  applications  for  international 
protection.  This  acknowledges  the  importance  given  to  efforts  to  implement  legal  and  safe 
pathways to Europe. 

To ensure compatibility with the asylum acquis, persons selected for resettlement should be 
granted  international  protection.  Accordingly,  the  provisions  on  the  content  of  international 
protection  contained  in  the  asylum  acquis  should  apply  once  resettled  persons  are  on  the 
territory  of  the  Member  States.  Moreover,  it  would  be  appropriate  to  amend  Regulation 
xxxx/xx/EU [new recast EURODAC Regulation] to ensure that Member States may store data 
of  resettled  persons  in  the  EURODAC  system,  where  they  are  treated  as  applicants  for 
international  protection  even  though  they  have  not  lodged  an  application  for  international 
protection in the Member States. This would allow Member States to track possible secondary 
movements  of  resettled  persons  from  the  Member  State  of  resettlement  to  other  Member 
States. 

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COM(2016) 171 final. 
COM(2016) 270 final 
COM(2016) 272 final 
COM(2016) 271 final. 
COM(2016) xxx final. 
COM(2016) xxx final. 
COM(2016) xxx final. 

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[The  European  Union  Agency  for  Asylum]  will  have  a  role  in  the  implementation  of  the 
Resettlement  Framework  as  Member  States  will  be  able  to  request  its  assistance  in 
coordinating technical cooperation and facilitating the sharing of infrastructure, in accordance 
with the proposal for establishing a European Union Agency for Asylum. 

Success or failure of resettlement also depends on early, effective, and successful integration 
of resettled persons. The Action Plan on the integration of third country nationals15 presented 
on 7 June 2016 will also contribute in this regard. Among its priority actions the plan foresees 
engagement  in  pre-departure/pre-arrival  measures  targeting  both  those  arriving  from  third 
countries and the receiving society. Such measures can be beneficial for individuals whatever 
their reasons for moving legally to the EU, but they can be particularly important to prepare 
the resettlement of persons in need of protection. 

This Regulation should be applied without prejudice to Directive 2004/38/EC on the right of 
citizens of the Union and their family members to move and reside freely within the territory 
of the Member States. 

Mobilising  different  policies  and  tools  to  step  up  the  Union's  diplomatic,  technical  and 
financial  cooperation  with  third  countries  in  migration  management  is  of  particular 
importance.  As  announced  in  the  Commission  Communication  on  establishing  a  new 
Partnership Framework with third countries under the European Agenda on Migration16 the 
Union will seek partnerships with key third countries of origin and transit through a coherent 
and tailored engagement where the Union and its Member States act in a coordinated manner. 
This  Partnership  Framework  should,  among  others,  enhance  support  for  those  in  need  of 
protection in their countries of origin and transit and create genuine prospects of resettlement 
to the Union to discourage irregular and dangerous journeys and save lives. This legislative 
proposal is a direct demonstration of the Union's commitment to helping countries under the 
heaviest  migratory  pressure  and  dissuading  people  from  taking  dangerous  journeys  through 
offering alternative legal pathways. 

• 

Consistency with other Union policies 

This  proposal  is  consistent  with  the  comprehensive  long-term  policy  on  better  migration 
management  as  set  out  by  the  Commission  in  the  European  Agenda  on  Migration,  which 
developed  President  Juncker's  Political  Guidelines  into  a  set  of  coherent  and  mutually 
reinforcing initiatives based on four pillars. Those pillars consist of reducing the incentive for 
irregular migration, securing external borders and saving lives, a strong asylum policy and a 
new policy on legal migration. 

This  proposal,  which  further  implements  the  objective  of  strengthening  the  Union's  asylum 
policy, should be seen as part of the broader policy at EU level towards building a robust and 
effective system for sustainable migration management for the future. 

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COM(2016) 377 final. 
COM(2016) 385 final. 

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2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis  

This proposal is part of the measures constituting the Common European Asylum System. It 
seeks  to  contribute  to  managing  inflows  of  third-country  nationals  or  stateless  persons 
applying  for international protection by providing  legal pathways  to  international  protection 
in  partnership  and  cooperation  with  third  countries.  The  proposal  aims  to  establish  a  Union 
Resettlement  Framework  with  common  procedures  for  the  admission  of  third-country 
nationals or stateless persons in need of international protection from a selected third country, 
to which or within which they have been displaced to the territory of the Member States with 
a view to offering them international protection. The proposal is therefore based on points (d) 
(common  procedures),  and  (g)  (partnership  and  cooperation  with  third  countries)  of  Article 
78(2) TFEU. This legal basis commands the ordinary legislative procedure.  

• 

Variable Geometry 

In accordance with the provisions of Protocol No 21 annexed to the TFEU on the position of 
the  United  Kingdom  and  Ireland  in  respect  of  the  area  of  freedom,  security  and  justice,  the 
United  Kingdom  and  Ireland  do  not  take  part  in  the  adoption  by  the  Council  of  proposed 
measures  pursuant  to  Title  V  of  Part  Three  of  the  TFEU.  The  United  Kingdom  and  Ireland 
may notify the Council, within three months after a proposal or initiative has been presented, 
that they wish to take part in the adoption and application of any such proposed measures, or 
at any time after its adoption, that they accept that measure. 

In accordance with the provisions of Protocol No 22 on the position of Denmark, annexed to 
the TFEU, Denmark does not take part in the adoption by the Council of proposed measures 
pursuant to Title V of Part Three of the TFEU. At any time Denmark may, in accordance with 
its constitutional requirements, notify the other Member States that it wishes to apply in full 
all relevant measures adopted on the basis of Title V of the TFEU. 

The European Community has concluded agreements with Iceland, Norway, Switzerland and 
Liechtenstein  associating  them  to  the  “Dublin/Eurodac  acquis”.  This  proposal  does  not 
constitute a development of the “Dublin/Eurodac acquis” and there is therefore no obligation 
on  behalf  of  the  associated  states  to  notify  to  the  Commission  their  acceptance  of  this 
Regulation, once adopted by the European Parliament and the Council. The Associated States 
may  nevertheless  decide  to  voluntarily  participate  in  the  Union  Resettlement  Framework 
established by this Regulation. 

• 

Subsidiarity  

Harmonising  to  a  certain  extent  the  practices  of  Member  States  with  regard  to  resettlement 
makes it more likely that persons eligible for resettlement will not refuse to be resettled to one 
Member  State  as  opposed  to  another.  Such  harmonisation  would  also  increase  the  overall 
influence of the Union vis-à-vis third countries in policy and political dialogues and sharing 
the responsibility with third countries to which or within which a large number of persons in 
need  of  international  protection  has  been  displaced.  These  objectives  cannot  be  sufficiently 

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achieved by the Member States alone, but can rather, by reason of the scale and effects of the 
Union Resettlement Framework, be better achieved at Union level. 

 • 

Proportionality 

The  form  of  a  Regulation  and  its  content  do  not  exceed  what  is  necessary  to  achieve  the 
objectives  of  the  proposal,  namely  to  (a)  reduce  divergences  among  national  resettlement 
practices  and  procedures,  (b)  provide  for  the  legal  and  safe  arrival  to  the  territories  of  the 
Member  States  of  third-country  nationals  or  stateless  persons  in  need  of  international 
protection, (c) help reduce the risk of a large-scale irregular inflow of  third-country nationals 
or stateless persons to the territories of the Member States, thereby reducing the pressure of 
spontaneous arrivals on the Member States' asylum systems, (d) be an expression of solidarity 
with  countries  in  regions  to  which  or  within  which  a  large  number  of  persons  in  need  of 
international  protection  has  been  displaced  by  helping  alleviate  the  pressure  on  those 
countries,  (e)  help  achieve  the  Union's  foreign  policy  objectives  by  increasing  the  Union's 
leverage  vis-à-vis  third  countries,  and  (f)  effectively  contribute  to  global  resettlement 
initiatives through speaking with one voice in international fora and with third countries. 

The  content  is  building  on  the  experience  with  existing  resettlement  initiatives  in  the  EU 
framework  and  existing  resettlement  practices  of  the  Member  States,  in  particular  the 
Standard  Operating  Procedures guiding  the implementation of  the resettlement scheme with 
Turkey set out in the EU-Turkey Statement of 18 March 2016. 

• 

Choice of the instrument 

A  Regulation  is  chosen  so  as  to  achieve  a  degree  of  convergence  for  the  resettlement 
procedure that corresponds to the degree of convergence for the asylum procedure, for which 
a  Regulation  is  also  proposed.  While  building  on  the  existing  resettlement  practices  of  the 
Member States, in particular the Standard Operating Procedures guiding the implementation 
of  the  resettlement  scheme  with  Turkey  set  out  in  the  Statement  of  18  March  2016,  a 
Regulation  allows  for  achieving  a  higher  degree  of  convergence  of  those  resettlement 
practices than a Directive, which is not directly applicable and leaves the choice of form and 
method  to  Member  States.  This  higher  degree  of  convergence  will  allow  more  synergies  in 
the  implementation  of  the  Union  Resettlement  Framework  and  contribute  to  discouraging 
persons  eligible  for  resettlement  from  refusing  resettlement  to  a  particular  Member  State  as 
well as discouraging secondary movements of persons resettled. In addition, the annual Union 
resettlement  plans  and  the  targeted  Union  resettlement  schemes  that  are  essential  for  the 
operationalisation  of  the  Union  Resettlement  Framework  are  foreseen  to  be  adopted  by  the 
institutions of the Union, for which a Regulation is the appropriate instrument. 

3. 

RESULTS OF STAKEHOLDER CONSULTATIONS 

Consultations  with  the  Member  States  and  Associated  States  as  well  as  with  the  United 
Nations  High  Commissioner  for  Refugees  (UNHCR),  the  International  Organisation  for 
Migration (IOM), and EASO took place within the sixth Resettlement and Relocation Forum 
of  6  April  2016.  These  stakeholders  were  consulted  on  the  basis  of  a  discussion  document 
which had been sent to them in advance of the meeting. 

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All  these  stakeholders  agreed  on  the  need  for  increased  efforts  in  offering  safe  and  legal 
pathways to international protection in the Union in place of dangerous and irregular arrivals. 
The Union's responsibility to take on a visible role in global resettlement efforts and the need 
for  more  coordination  of  the  Member  States'  resettlement  efforts  were  underlined  by  many 
stakeholders. 

While  some  advocated  for  a  legally  binding  framework  with  a  participation  of  all  Member 
States on the basis of a single Union resettlement commitment and sharing of responsibilities 
among the Member States on the basis of a fair distribution key, others were more in favour 
of voluntary commitments by the Member States. 

There  was  a  common  recognition  that  resettlement  can  in  some  circumstances  be  used  as 
leverage in policy and political dialogues with third countries possibly also through targeted 
and tailor made strategies.  

A number of stakeholders recalled the discussions on Standard Operating Procedures guiding 
the resettlement scheme with Turkey, set out in the EU-Turkey Statement of 18 March 2016 
and reflected on the possibility for several of its elements to be replicated in a common Union 
approach to resettlement. While a number of Member States were in favour of the possibility 
to share infrastructures and deploy joint selection missions to reduce costs, most were against 
shared arrangements also in terms of security checks. 

Many stakeholders underlined the special role of the UNHCR in the process, in particular its 
role as regards the identification of persons who are eligible for resettlement. The possibility 
for other actors, such as EASO and IOM, to play an important role in implementing practical 
arrangements was also supported.  

All  Member  States  underlined  the  importance  of  Union  funding  to  support  resettlement 
efforts.  

• 

Fundamental rights 

This proposal is without prejudice to the right to asylum and the protection from refoulement 
in accordance with Articles 18 and 19 of the Charter of Fundamental Rights of the European 
Union  (the  'Charter').  The  need  to  promote  and  respect  the  rights  of  the  child,  the  right  to 
family life and the right to protection of personal data as guaranteed, respectively, by Articles 
24, 7 and 8 of the Charter have been duly taken into consideration in the design of the Union 
Resettlement  Framework,  and  in  particular  when  defining  the  eligibility  criteria  for 
resettlement under Article 5 of the proposal and the resettlement procedure under Articles 10 
and 11 of the proposal. 

In this context, particular attention shall be paid to the rights and principles enshrined in the 
UN Convention on the Rights of the Child when implementing and applying this Regulation 
and the delegated acts adopted on its basis. 

Likewise,  in  the  light  of  the  Council  of  Europe  Convention  on  preventing  and  combating 
violence  against  women  and  domestic  violence  (Istanbul  Convention),  a  gender-sensitive 
approach should be adopted when interpreting and applying this Regulation. 

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The proposal also upholds the general principles of equality and non-discrimination, insofar 
as  it  contains  an  explicit  prohibition  of  discrimination  for  the  Member  States,  including  on 
grounds  of  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, when taking into account social or cultural links, or other 
characteristics  that  can  facilitate  integration  in  the  participating  State.  This  is  without 
prejudice to cases where a difference in treatment is necessary for the application of the scope 
of  a  targeted  Union  resettlement  scheme  and  of  the  eligibility  criteria  in  accordance  with 
points (a) and (b) of Article 5. 

4. 

BUDGETARY IMPLICATIONS 

For  each  resettled  person  under  this  proposal  Member  States  taking  part  in  the  Regulation 
(EU) No 516/2014 of the European Parliament and the Council of 16 April 2014 establishing 
the Asylum, Migration and Integration Fund (AMIF) will be entitled to EUR 10,000 from the 
Union's budget. The maximum total number of persons to be resettled to the Union each year 
will be determined through Council implementing acts establishing annual Union resettlement 
plans. 

The financial year 2017 should be seen as a transitional year between the resettlement scheme 
conducted under the Conclusions of 20 July 2015 to resettle through multilateral and national 
schemes, together with Associated States, 22,504 persons in clear need of protection, and the 
entry into force of this proposal. Consequently the budgetary implications for 2017 should be 
lower than for the subsequent years. 

5. 

• 

OTHER ELEMENTS 

Detailed explanation of the specific provisions of the proposal 

The proposal establishes a Union Resettlement Framework for the annual resettlement of a 
certain number of third-country nationals or stateless persons to the territory of the Member 
States. 

It aims to enable the Union to provide for legal and safe arrival of third-country nationals or 
stateless persons in need of international protection, contribute to the reduction of the risk of a 
large-scale  irregular  inflow  of  third-country  nationals  or  stateless  persons  in  need  of 
international protection to the territory of the Member States, and contribute to international 
resettlement initiatives. 

The essential elements of the Framework, such as the establishment of common Union rules 
on admission of third-country nationals through resettlement, including the rules on eligibility 
criteria  and  exclusion  grounds,  the  standard  procedures  governing  all  stages  of  the 
resettlement  process,  the  status  to  be  accorded  to  resettled  persons,  the  decision  making 
procedures  to  ensure  uniform  conditions  for  the  implementation  of  the  Framework,  and  the 
financial  support  to  the  Member  States'  resettlement  efforts  are  set  out  in  this  legislative 
proposal.  The  implementation  thereof  will  include  the  setting  of  annual  Union  resettlement 

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plans  through  Council  implementing  acts  and  the  adoption  of  targeted  Union  resettlement 
schemes through Commission implementing acts. 

The main elements of the proposal are: 

– 

Resettlement 

Resettlement  means  the  admission  to  the  territory  of  the  Member  States  of  third  country 
nationals  in  need  of  international  protection  who  have  been  displaced  from  or  within  their 
country  of  nationality,  for  the  purpose  of  granting  them  international  protection.  The  same 
applies to stateless persons in need of international protection displaced from or within their 
country of former habitual residence. 

– 

Regions or third countries from which resettlement is to occur 

In  the  implementing  acts  establishing  targeted  Union  resettlement  schemes  and  the  annual 
Union resettlement plans, the Commission and the Council shall, when specifying the regions 
or  third  countries  from  which  resettlement  shall  take  place,  take  into  account  a  number  of 
factors which indicate the situation of persons in need of protection, the countries from which 
resettlement should take place, and the number of persons in need of international protection 
displaced  to  or  within  the  specific  regions  or  third  countries.  Third  countries'  effective 
cooperation with the Union in the area of migration and asylum will be an important element 
on  which  the  Commission  will  base  its  decision.  Such  cooperation  should  be  reflected  in 
terms of the third country's efforts to reduce the number of third-country nationals or stateless 
persons  irregularly  crossing  the  Union's  border  from  its  territory,  their  cooperation  with  the 
Union  on  readmission  and  return  of  third-country  nationals  or  stateless  persons  irregularly 
staying in the territory of the Member States, and increasing their capacity for the reception 
and  protection  of  persons  in  need  of  international  protection,  including  through  the 
development of an effective asylum system. 

– 

Persons to be resettled 

This legislative proposal sets out eligibility criteria (Article 5) and exclusion grounds (Article 
6) for persons who may be considered for resettlement. Both provisions must be respected in 
addition  to  the  requirement  that  the  person  falls  within  the  scope  of  each  targeted  Union 
resettlement scheme adopted through a Commission implementing act. This proposal does not 
create any right to be admitted to the territory of the Member States for the purpose of being 
granted international protection. 

(a) 

Eligibility  

The  possibility  for  resettlement  is  foreseen  for  those  third-country  nationals  or  stateless 
persons  who  have  been  displaced  not  only  to  another  country  but  also  within  their  own 
country due to a well-founded fear of persecution or due to substantial grounds for believing 
that they would face a real risk of suffering serious harm. 

Persons falling within at least one of the following vulnerability categories – 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  medical  needs  or 

EN 

10 

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disabilities;  persons  with  legal  and/or  physical  protection  needs;  and  persons  with  socio-
economic  vulnerability  –  shall  be  eligible  for  resettlement  under  the  targeted  Union 
resettlement schemes. Persons with family links to third-country nationals or stateless persons 
or Union citizens legally residing in a Member State or who are dependent on them shall also 
be eligible. The inclusion of persons with socio-economic vulnerability and those with family 
links  widens  the  classical  resettlement  categories  ordinarily  conducted  through  the  UNHCR 
referral  and  follows  the  approach  agreed  within  the  Standard  Operating  Procedures  guiding 
the  implementation  of  the  resettlement  scheme  with  Turkey  set  out  in  the  EU-Turkey 
Statement of 18 March 2016. 

(b) 

Exclusion  

Member  States  should  not  resettle  third-country  nationals  or  stateless  persons  who  do  not 
meet the eligibility criteria or who fall within the scope of an obligatory exclusion ground. 

The  obligatory  exclusion  grounds  comprise:  a)  the  exclusion  grounds  of  the  Qualification 
Regulation17 – those applying to persons otherwise eligible for subsidiary protection are also 
to  be  applied  to  persons  qualifying  as  refugees;  b)  the  grounds  for  refusing  entry  at  the 
border18,  c)  the  grounds  for  not  renewing  or  for  revoking  a  residence  permit  in  accordance 
with the Qualification Regulation. 

Persons who have irregularly entered, irregularly stayed in, or attempted to irregularly enter 
into  the  territory  of  the  Member  States  during  the  last  five  years  prior  to  resettlement  shall 
also  be  excluded.  Persons  to  be  excluded  from  resettlement  include  also  those  already 
resettled  by  another  Member  State  under  a  targeted  Union  resettlement  scheme  or  in  the 
implementation of the existing Union resettlement initiatives. Exclusion also applies to third-
country nationals and stateless persons whom a Member State has during the last five years 
prior to resettlement refused to resettle. 

The optional exclusion ground foresees that Member States may refuse resettlement of third-
country  nationals  or  stateless  persons  to  whom  one  of  the  exclusion  grounds  referred  to  in 
points (a) or (b) of Article 6(1) applies prima facie. 

Member States may make prior consultation arrangements to apply the exclusion grounds. 

– 

Standard Resettlement Procedures  

This  proposal  sets  common  standard  procedures  building  on  the  existing  resettlement 
experience and standards of the Member States, including the Standard Operating Procedures 
guiding the implementation of the resettlement scheme with Turkey set out in the EU-Turkey 
Statement of 18 March 2016. The Union Resettlement Framework should allow for two types 
of  standard  resettlement  procedures:  an  ordinary  or  an  expedited  resettlement  procedure. 
Each targeted Union resettlement scheme will determine which of these standard procedural 
rules should apply to its implementation. 

17 
18 

Regulation (EU) No XXX/XXX (Qualification Regulation). 
Regulation (EC) No 562/2006 (Schengen Borders Code). 

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11 

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(a) 

Ordinary procedure 

The ordinary procedure reflects the resettlement standards and practices usually followed by 
Member States. It is based on a full refugee status determination in the third country and on 
Member  States  granting  to  the  resettled  third-country  nationals  or  stateless  persons, 
preferably, refugee status, or subsidiary status. The procedure should be conducted as soon as 
possible and within eight months from the moment when Member States have registered the 
third-country nationals or stateless persons. This period may be extended by four months. 

Detailed steps in the procedure include: 

Member States identify persons for whom they intend to conduct the resettlement procedure 
either through the referral by UNHCR, or where applicable, the [European Union Agency for 
Asylum]  or  relevant  international  bodies,  or  by  themselves,  without  such  referral.  When 
basing  their  identification  on  a  referral  from  one  of  these  entities,  Member  States  may  ask 
them for a full assessment of whether the third-country nationals or the stateless persons meet 
the requirements for a specific targeted Union resettlement scheme and of whether they fall 
under  one  of  the  vulnerability  categories  set  out  in  point  (b)(i)  of  Article  5.  In  case  of  a 
referral by UNHCR, Member States may in addition ask UNHCR to fully assess whether the 
persons referred to them qualify as refugees in the meaning of the 1951 Geneva Convention. 

After registering the third-country nationals or the stateless persons for whom they intend to 
conduct  the  resettlement  procedure,  Member  States  will  assess  whether  these  persons  meet 
the  eligibility  criteria  set  out  in  Article  5  and  whether  they  are  not  excluded  in  accordance 
with the grounds set out in Article 6(1). 

In case of a positive decision Member States will grant to the persons to be resettled refugee 
status  or  subsidiary  protection  status.  The  decision  to  grant  refugee  status  or  subsidiary 
protection  status  has  the  same  effects  as  a  decision  to  grant  refugee  status  or  to  grant 
subsidiary protection status referred to in Articles 13 and 19 of the [Qualification Regulation], 
once the person concerned has entered the territory of a Member State. 

After a positive decision, Member States will offer to make all arrangements necessary for the 
departure of the third-country nationals or the stateless persons and, with a view to facilitating 
a  rapid,  smooth,  and  effective  integration  into  the  host  society,  offer  a  pre-departure 
orientation programme. 

Any personal data collected for the purpose of the resettlement procedure should be stored for 
a  maximum  period  of  five  years  from  the  date  of  resettlement.  That  storage  period  is 
considered  necessary  to  allow  Member  States  to  exclude  from  resettlement  third-country 
nationals or stateless persons who have already been resettled by one Member State or who 
during  the  last  five  years  refused  to  resettle  to  a  Member  State,  as  provided  for  by  this 
proposal. 

Once  the  person  with  regard  to  whom  a  positive  decision  to  resettle  was  taken  enters  the 
territory  of  the  Member  States,  the  provisions  on  the  content  of  international  protection 
contained  in  the  asylum  acquis  should  apply,  including  the  rules  to  discourage  secondary 

EN 

12 

   EN 

movement  of  beneficiaries  of  international  protection  contained  in  the  Dublin  Regulation19 
and in the Long-Term Residence Directive as amended by the Qualification Regulation20. 

Resettlement should be the preferred avenue to international protection in the territory of the 
Member  States  and  should  not  be  duplicated  by  an  asylum  procedure.  Accordingly, 
applications  for  international  protection  of  persons  resettled  via  an  ordinary  procedure,  for 
whom a full assessment of their qualification as a refugee and eligibility as a beneficiary of 
subsidiary protection has been conducted, would not be admissible. 

(b) 

Expedited procedure  

The expedited procedure reflects the approach agreed  in the Standard Operating  Procedures 
guiding the implementation of the resettlement scheme with Turkey set out in the EU-Turkey 
Statement of 18 March 2016. It is foreseen where there are specific humanitarian grounds or 
urgent  legal  or  physical  protection  needs,  which  warrant  a  rapid  admission  of  third-country 
nationals or stateless persons to the territory of the Member States. Such a procedure should 
be conducted as soon as possible and within 4 four months from the moment when Member 
States  have  registered  the  third-country  nationals  or  stateless  persons.  This  period  may  be 
extended by two months. While the same level of security checks should be conducted as in 
the ordinary procedure, the assessment of the international protection needs of third-country 
nationals  or  stateless  persons  should  be  limited  to  an  assessment  of  their  eligibility  for 
subsidiary protection without assessing their qualification for refugee status. 

In contrast with what applies in the case of the ordinary procedure, when persons are resettled 
through an expedited procedure, without a refugee qualification assessment being made, they 
should upon admission to the resettling Member State be admissible to apply for international 
protection.  The  Member  State  to  which  the  person  has  been  resettled  should  be  responsible 
for the examination of such an application. The Asylum Procedures Regulation should foresee 
that Member States do not apply the first country of asylum and safe third country concepts 
when examining the application21. 

(c) 

Delegated powers to amend the standard procedures   

Certain  flexibility  should  be  provided  to  adapt  the  standard  procedure  to  accommodate 
specific  circumstances  of  a  third  country  from  which  resettlement  is  to  take  place  under  a 
specific targeted Union resettlement scheme. By delegated acts, in line with the procedure set 
out in Article 11, the Commission is authorised to add non-essential elements to the procedure 
where necessary. 

– 

Decision-making procedures 

This proposal sets a framework which is intended to structure the way in which the Union will 
implement  resettlement  commitments.  To  be  able  to  react  to  shifting  migration  flows  and 
evolving international circumstances, however, the framework as such does not determine a 

19 
20 
21 

Article 34(3) Regulation (EU) No XXX/XXX (Dublin Regulation). 
Article 44 of  Regulation (EU) No XXX/XXX (Qualification Regulation). 
Article 36(2) of Regulation (EU) No XXX/XXX (Asylum Procedures Regulation). 

EN 

13 

   EN 

                                                 
number of variable elements, namely the scale of resettlement and the specific third countries 
or regions from which resettlement shall take place. 

(a) 

High-Level Resettlement Committee 

A High-Level  Resettlement  Committee  chaired  by  the  Commission  will  be  established  to 
provide political guidance for the implementation of the Union Resettlement Framework. 

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 
will take part in the committee as well as representatives of Iceland, Liechtenstein, Norway, 
and Switzerland if these Associated States have indicated their intention to be associated with 
the  implementation  of  the  annual  Union  Resettlement  Framework.  [The  European  Union 
Agency for Asylum], the UNHCR, and IOM may also be invited.  

(b) 

Council Implementing Act establishing an annual Union resettlement plan  

The  Council  is  authorised  to  establish  through  an  implementing  act  on  a  proposal  of  the 
Commission an annual Union resettlement plan for the following year which determines the 
maximum  total  number  of  persons  to  be  resettled  and  the  number  of  persons  each  Member 
States is to resettle within this total. The annual plan should also indicate overall geographical 
priorities  for resettlement. When adopting such acts the Council should take  full account of 
the discussions within the High-Level Resettlement Committee on the implementation of the 
Union Resettlement Framework. 

Given the important link between the number of persons resettled to the Member States and 
the Union's budget, the Commission shall make its proposal for the annual Union resettlement 
plan  together  with  its  proposal  on  the  draft  Union's  annual  budget  taking  into  account  the 
financial  consequences.  The  Council  should  be  able  to  react  quickly  and  adopt  an 
implementing  act  within  two  months.  While  no  financial  legislative  statement  has  been 
annexed to this legislative proposal, the financial implications of the Regulation will depend 
on the total number of persons to be resettled annually. 

(c) 

Commission  Implementing  Act  establishing  a  targeted  Union  resettlement 
scheme 

The Commission is authorised to establish each year one or more targeted Union resettlement 
schemes. This should occur as soon as possible after the adoption of and consistent with the 
annual  Union  resettlement  plan  adopted  by  the  Council  and  also  taking  into  account  the 
discussions within the High-Level Resettlement Committee. The Commission may adopt one 
or more targeted Union resettlement scheme(s) during the period covered by an annual Union 
resettlement plan. 

For  each  targeted  Union  resettlement  scheme  the  Commission  will  set  out  a  detailed 
justification,  the  precise  number  out  of  the  total  number  of  persons  to  be  resettled  and 
participation of the Member States as set out in the annual Union resettlement plan, as well as 
a  description  of  the  target  group(s)  of  third-country  nationals  or  stateless  persons  to  be 
resettled and list a specific geographical area covering one or more third countries from which 
resettlement  will  take  place.  The  choice  of  specific  geographical  priorities  for  resettlement 

EN 

14 

   EN 

will be made in line with Article 4 of the legislative proposal, taking into account the annual 
resettlement plan and with a view to a potential role of resettlement in a tailored engagement 
with 
the  Commission's 
to  better  manage  migration  as  foreseen 
Communication  of  7  June  2016  on  Establishing  a  new  Partnership  Framework  with  third 
countries under the European Agenda on Migration22. 

third-countries 

in 

A launch date and duration of each targeted Union resettlement scheme will also be specified 
as well as which standard resettlement procedure will apply. An ordinary procedure should be 
seen as the norm, unless an expedited procedure is warranted on humanitarian grounds or in 
case of urgent legal or physical protection needs. 

– 

Cooperation 

Resettlement is a partnership activity and cooperation among various stakeholders is essential, 
including  with  the  third  countries,  from  which  resettlement  occurs.  Cooperation  with  other 
third countries resettling from the same region as Member States could be explored to create 
synergies. Given the expertise of the UNHCR in facilitating the different forms of admission 
of persons in need of international protection from third countries, to which they have been 
displaced  to  States  willing  to  admit  them,  the  UNHCR  will  continue  to  play  a  key  role  in 
resettlement under this proposal. 

In accordance with [the new European Union Agency for Asylum Regulation] [the European 
Union  Agency  for  Asylum]  may  support  Member  States  through  coordinating  technical 
cooperation  between  them,  assisting  them  in  the  implementation  of  targeted  Union 
resettlement schemes, and facilitating the sharing of infrastructure. 

To  implement  practical  arrangements,  and  in  particular  to  conduct  pre-departure  orientation 
programmes,  fit-to-travel  medical  checks,  and  travel  and  other  practical  arrangements, 
Member States may also request other partners such as IOM or civil society organisations to 
assist them. 

– 

Associated States 

Iceland,  Liechtenstein,  Norway,  and  Switzerland  are  invited  to  be  associated  to  the 
implementation  of  the  annual  Union  resettlement  plans.  Where  they  have  indicated  their 
intention to  be  associated,  their  representatives will  be  invited  to  attend  the  meetings  of  the 
High-Level Resettlement Committee. 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 such association. 

– 

Financial support 

Member States taking part in Regulation (EU) No 516/2014 of the European Parliament and 
the  Council  of  16  April  2014  establishing  the  Asylum  Migration  and  Integration  Fund 
(AMIF)  will  be  entitled  to  a  lump  sum  of  EUR  10,000  from  the  Union's  budget  for  each 
person  they  resettle,  regardless  whether  an  ordinary  or  an  expedited  procedure  has  been 

22 

COM(2016) 385 final. 

EN 

15 

   EN 

                                                 
followed.  Member  States  shall  only  receive  these  funds  when  resettling  through  the  Union 
Resettlement  Framework. Resettlements under national resettlement schemes  outside of this 
framework will not be supported financially by the Union's budget. 

– 

Evaluation and Review 

The Commission shall report on the application of this Regulation to the European Parliament 
and to the Council in due time for the review of this Regulation. The timing of the review of 
this  legislative  proposal  should  be  aligned  with  that  of  Regulation  (EU)  No  516/2014 
establishing the Asylum, Migration and Integration Fund due to close links between the two 
acts. 

The information provided by Member States to the European Union Agency for Asylum on the 
number  of  third-country  nationals  effectively  resettled  on  a  weekly  basis  shall  feed  into  the 
evaluation.

EN 

16 

   EN 

2016/0225 (COD) 

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 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 78(2)(d) and (g) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee23,  
Having regard to the opinion of the Committee of the Regions24,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

The Justice and Home Affairs Council Conclusions of 10 October 2014 acknowledged 
that  "while  taking  into  account  the  efforts  carried  out  by  Member  States  affected  by 
migratory flows, all Member States should give their contribution to [resettlement] in 
a fair and balanced manner."25 
In  its  Communication  on  a  European  Agenda  on  Migration26  of  13  May  2015  the 
Commission  set  out  the  need  for  a  common  approach  to  granting  protection  to 
displaced persons in need of protection through resettlement. 

On  8  June  2015  the  Commission  addressed  a  Recommendation  on  a  European 
Resettlement Scheme27 to the Member States, based on an equitable distribution key. 
It  was  followed  by  Conclusions  of  the  Representatives  of  the  Governments  of  the 
Member  States  meeting  within  the  Council  of  20  July  2015  to  resettle,  through 
multilateral  and  national  schemes,  22  504  persons  in  clear  need  of  international 
protection28.  The  resettlement  places  were  distributed  between  Member  States  and 
Dublin  Associated  States  according  to  the  commitments  set  out  in  the  Annex  to  the 
Conclusions. 

(4) 

On 15 December 2015, the Commission addressed a Recommendation for a Voluntary 
Humanitarian Admission Scheme with Turkey29 to the Member States and Associated 

23 
24 
25 

26 
27 
28 
29 

OJ C , , p. . 
OJ C , , p. . 
Council  Conclusions  on  ''Taking  action  to better  manage  migratory flows'',  Justice  and  Home  Affairs 
Council meeting, 10 October 2014.   
COM(2015) 240 final. 
C(2015) 3560 final. 
11097/15. 
C(2015) 9490. 

EN 

17 

   EN 

                                                 
(5) 

(6) 

(7) 

(8) 

(9) 

States recommending that participating States admit persons displaced by the conflict 
in  Syria  who  are  in  need  of  international  protection.  According  to  the  EU-Turkey 
Statement  of  18  March  2016  a  Voluntary  Humanitarian  Admission  Scheme  will  be 
activated  once  irregular  crossings  between  Turkey  and  the  EU  are  ending  or  at  least 
have  been substantially and sustainably reduced. Member States  will contribute on a 
voluntary basis to this scheme. 

According to the EU-Turkey Statement of 18 March 2016 all new irregular migrants 
crossing from Turkey into Greek islands as from 20 March 2016 would be returned to 
Turkey. For every Syrian being returned to Turkey from Greek islands, another Syrian 
will  be  resettled  from  Turkey  to  the  Union  taking  into  account  the  United  Nations 
Vulnerability Criteria. In May 2016, the Member States and Dublin Associated States 
and  Turkey  reached  a  common  understanding  on  Standard  Operating  Procedures 
guiding the implementation of this resettlement scheme. 

On 6 April 2016, the Commission adopted a Communication Towards a Reform of the 
Common European Asylum System and enhancing legal avenues to Europe30 in which 
it announced it would set out a proposal for a structured resettlement system framing 
the Union’s policy on resettlement and providing a common approach to safe and legal 
arrival in the Union for persons in need of international protection. 

On  12  April  2016,  the  European  Parliament  adopted  a  resolution  on  the  Situation  in 
the Mediterranean and the need for a holistic EU approach to Migration31 underlining 
the need for a permanent Union-wide resettlement programme, providing resettlement 
for a meaningful number of refugees, having regard to the overall number of refugees 
seeking protection in the Union. 

Building  on  the  existing  initiatives,  a  stable  and  reliable  Union  Resettlement 
Framework  should  be  established  for  the  resettlement  of  persons  in  need  of 
international  protection  to  be  implemented  in  accordance  with  annual  Union 
resettlement plans and targeted Union resettlement schemes which effectively deliver 
on Member States' concrete commitments. 

Such  a  framework  is  a  necessary  part  of  a  well-managed  migration  policy  to  reduce 
divergences  among  national  resettlement  practices  and  procedures,  provide  for  the 
legal and safe arrival to the territory of the Member States of third-country nationals 
and  stateless  persons  in  need  of  international  protection,  help  reduce  the  risk  of  a 
large-scale  irregular  inflow  of    third-country  nationals  and  stateless  persons  to  the 
territory  of  the  Member  States  and  thereby  reducing  the  pressure  of  spontaneous 
arrivals  on  the  Member  States'  asylum  systems,  be  an  expression  of  solidarity  with 
countries  in  regions  to  which  or  within  which  a  large  number  of  persons  in  need  of 
international  protection  has  been  displaced  by  helping  to  alleviate  the  pressure  on 
those  countries,  help  achieve  Union's  foreign  policy  objectives  by  increasing  the 
Union's  leverage  vis-à-vis  third  countries,  and  effectively  contribute  to  global 
resettlement initiatives through speaking with one voice in international fora and with 
third countries. 

(10) 

In  order  to  help  reduce  the  risk  of  a  large-scale  irregular  inflow  of  third-country 
nationals and stateless persons to the territory of the Member States, show solidarity 
with countries in regions to which or within which a large number of persons in need 

30 
31 

COM(2016) 197 final.  
2015/2095(INI). 

EN 

18 

   EN 

                                                 
of international protection has  been displaced  by helping to alleviate the pressure on 
those countries, and help achieve the Union's foreign policy objectives, the regions or 
third countries from which resettlement is to occur should fit in a tailored engagement 
with  third  countries  to  better  manage  migration  as  foreseen  in  the  Commission's 
Communication  of  7  June  2016  on  Establishing  a  new  Partnership  Framework  with 
third countries under the European Agenda on Migration32. 

(11) 

In  order  to  reduce  divergences  among  the  national  resettlement  practices  and 
procedures,  common  standard  procedures  and  common  eligibility  criteria  and 
exclusion  grounds  for  the  selection  should  be  laid  down,  as  well  as  a  common 
protection status to be granted to resettled persons. 

(12)  The common standard procedures should build on the existing resettlement experience 
and standards of the Member States, in particular the Standard Operating Procedures 
guiding the implementation of the resettlement scheme with Turkey set out in the EU-
Turkey  Statement  of  18  March  2016.  The  Union  Resettlement  Framework  should 
allow the use of two types of standard resettlement procedures. 

(13)  Both  types  of  procedure  consist  of  the  following  stages:  identification,  registration, 

assessment and decision. 

(14)  An  ordinary  procedure  should  be  established  allowing  for  a  full  assessment  of  the 

international protection needs of third-country nationals or stateless persons.  

(15)  An expedited procedure should be established with the same level of security checks 
as in the ordinary procedure. However, in the expedited procedure, the assessment of 
the international protection needs of third-country nationals or stateless persons should 
be  limited  to  an  assessment  of  their  eligibility  for  subsidiary  protection  without 
assessing their qualification for refugee status. 

(16)  The  resettlement  procedure  should  be  concluded  as  soon  as  possible  in  order  to 
discourage persons in need of international protection to use irregular ways to enter the 
European Union to  seek protection.  At the same time it should  ensure that  Member 
States have sufficient time for a full and adequate examination of each case.  The time-
limits  should  correspond  to  what  is  necessary  to  make  the  different  types  of 
assessment foreseen for the ordinary and expedited procedure. 

(17)  Any  personal  data  collected  for  the  purpose  of  the  resettlement  procedure  should  be 
stored  for  a maximum  period  of  five  years  from  the  date of  resettlement.  Given  that 
third-country  nationals  or  stateless  persons  who  have  already  been  resettled  by  one 
Member State or who during the last five years refused to resettle to a Member State 
should be excluded from resettlement to another Member State, that period should be 
considered a necessary period for the storage of personal details, including fingerprints 
and facial images. 

(18)  The  choice  of  the  resettlement  procedure  should  be  made  for  each  targeted  Union 
resettlement  scheme.  An  expedited  procedure  might  be  warranted  on  humanitarian 
grounds or in case of urgent legal or physical protection needs. 

(19)  There is no subjective right to be resettled. 

(20) 

In order to allow for supplementing the rules which govern the procedure to be applied 
in  targeted  Union  resettlement  schemes,  the  power  to  adopt  acts  in  accordance  with 

32 

COM(2016) 377 final. 

EN 

19 

   EN 

                                                 
Article  290  of  the  Treaty  on  the  Functioning  of  the  European  Union  should  be 
delegated to the Commission to adapt the procedure to the circumstances in the third 
country from which resettlement takes place such as determining that third country’s 
role  in  the  procedure.  It  is  of  particular  importance  that  the  Commission  carry  out 
appropriate  consultations  during  its  preparatory  work,  including  at  expert  level,  and 
that those consultations be conducted in  accordance with the principles laid  down in 
the  Interinstitutional  Agreement  on  Better  Law-Making  of  13  April  201633.  In 
particular,  to  ensure  equal  participation  in  the  preparation  of  delegated  acts,  the 
European  Parliament  and  the  Council  receive  all  documents  at  the  same  time  as 
Member  States’  experts,  and  their  experts  systematically  have  access  to  meetings  of 
Commission expert groups dealing with the preparation of delegated acts. 

(21) 

In  order  to  ensure  uniform  conditions  for  the  implementation  of  the  Union 
Resettlement  Framework,  implementing  powers  should  be  conferred  on  the  Council 
for establishing the annual Union resettlement plan, fixing the maximum total number 
of persons to be resettled, the details about the participation of the Member States in 
the plan and their contributions to the total number of persons to be resettled, as well 
as overall geographical priorities. 

(22)  These  powers  should  be  exercised  on  a  proposal  from  the  Commission  on  the 
maximum total number of persons to be resettled and overall geographical priorities. 
The  Commission  should  make  its  proposal  simultaneously  with  its  proposal  on  the 
draft Union annual budget. The Council should aim to adopt the proposal within two 
months.  The  Commission  and  the  Council  should  take  into  account  the  discussions 
within the High-Level Resettlement Committee. 

(23) 

In  order  to  ensure  uniform  conditions  for  the  implementation  of  the  Union 
Resettlement Framework, the Commission should be empowered to establish targeted 
Union resettlement schemes laying down the precise number out of the total number 
of  persons  to  be  resettled  and  participation  of  the  Member  State,  consistent  with  the 
annual  Union  Resettlement  plan.  Those  powers  should  be  exercised  in  accordance 
with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 
16  February  2011  laying  down  the  rules  and  general  principles  concerning 
mechanisms  for  control  by  the  Member  States  of  the  Commission’s  exercise  of 
implementing  powers34.  The  examination  procedure  should  be  used  for  establishing 
targeted  Union  resettlement  schemes  given  that  those  schemes  have  substantial 
implications.  The  Commission  should  aim  to  establish  targeted  Union  resettlement 
schemes as soon as possible after the adoption of the annual Union resettlement plan 
and whenever necessary during the period covered by the annual Union resettlement 
plan. The Commission should take into account the discussions within the High-Level 
Resettlement Committee.  

(24)  Each targeted Union resettlement scheme should determine which standard procedural 
rules should apply to its implementation. It should in addition set out local cooperation 
arrangements where and as appropriate to facilitate its implementation. 

(25)  Resettled  persons  should  be  granted  international  protection.  Accordingly,  the 
provisions  on  the  content  of  international  protection  contained  in  the  asylum  acquis 
should  apply  as  of  the  moment  when  resettled  persons  arrive  on  the  territory  of  the 

33 
34 

OJ L123, 12.05.2016, p. 1. 
OJ L 55, 28.2.2011, p. 13. 

EN 

20 

   EN 

                                                 
(26) 

Member States, including the rules to discourage secondary movement of beneficiaries 
of international protection. 

In  line  with  the  Commission  proposal  for  a  Regulation  establishing  the  criteria  and 
mechanisms  for  determining  the  Member  State  responsible  for  examining  an 
application for international protection lodged in one of the Member States by a third-
country national or a stateless person (recast)35, in order to comprehensively reflect the 
efforts of each Member State, the number of persons effectively resettled to a Member 
State should be added to the number of applications for international protection for the 
purpose  of  calculating  the  corrective  allocation  mechanism  proposed  by  the 
Commission. 

(27)  Given  the  expertise  of  UNHCR  in  facilitating  the  different  forms  of  admission  of 
persons  in  need  of  international  protection  from  third  countries,  to  which  they  have 
been displaced, to Member States willing to admit them, UNHCR should continue to 
play  a  key  role  in  resettlement  efforts  conducted  under  the  Union  Resettlement 
Framework. In addition to UNHCR, other international actors such as the International 
Organisation  for  Migration  (IOM)  should  be  called  upon  to  assist  Member  States  in 
the implementation of the Union Resettlement Framework. 

(28) 

[The  European  Union  Agency  for  Asylum]  should  assist  Member  States  in  the 
implementation of Union Resettlement Framework in accordance with its mandate. 

(29)  A  High-Level  Resettlement  Committee  should  be  established  to  allow  for  broad 
consultations with  all  stakeholders on the implementation  of the Union Resettlement 
Framework. 

(30)  Resettlement efforts by the Member States under this Regulation should be supported 
by  appropriate  funding  from  the  Union's  budget.  To  enable  a  proper  and  sustainable 
functioning of the resettlement schemes amendments are necessary to Regulation (EU) 
No 516/2014 of the European Parliament and of the Council36. 

(31)  This Regulation does not affect the ability of the Member States to adopt or implement 
national resettlement schemes, which do not jeopardise the attainment of the Union’s 
objectives  under  this  Regulation,  for  example  where  they  contribute  an  additional 
number  of  resettlement  places  to  targeted  Union  resettlement  schemes  established 
under  this  Regulation  going  beyond  their  contribution  to  the  maximum  number  of 
persons to be resettled under the annual Union resettlement plan. 

(32)  Complementarity  with  ongoing  resettlement  and  humanitarian  admission  initiatives 

undertaken in the Union framework should be ensured. 

(33)  This Regulation respects the fundamental rights and observes the principles recognised 
in particular by the Charter of Fundamental Rights of the European Union and should 
therefore be applied in a manner consistent with these rights and principles, including 
as  regards  the  rights  of  the  child,  the  right  to  respect  for  family  life  and  the  general 
principle of non-discrimination. 

35 
36 

COM(2016) 270 final.  
Regulation  (EU)  No  516/2014  of  the  European  Parliament  and  of  the  Council  of  16  April  2014 
establishing the Asylum, Migration and Integration Fund, amending Council Decision 2008/381/EC and 
repealing  Decisions  No  573/2007/EC  and  No  575/2007/EC  of  the  European  Parliament  and  of  the 
Council and Council Decision 2007/435/EC (OJ L 150, 20.05.2014, p. 168). 

EN 

21 

   EN 

                                                 
(34)  Any  processing  of  personal  data  by  the  authorities  of  the  Member  States  within  the 
framework  of  this  Regulation  should  be  conducted  in  accordance  with  Regulation 
(EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on 
the protection of natural persons with regard to the processing of personal data and on 
the  free  movement  of  such  data,  and  repealing  Directive  95/46/EC  (General  Data 
Protection Regulation).  

(35)  Any processing of personal data by [the European Union Agency for Asylum] within 
the framework of this Regulation should be conducted in accordance with Regulation 
(EC)  No  45/2001  of  the  European  Parliament  and  of  the  Council,37  as  well  as 
[Regulation  (EU)  No  XXX/XXX  (EU  Asylum  Agency  Regulation)38]  and  it  should 
respect the principles of necessity and proportionality. 

(36)  The application of this Regulation should be reviewed simultaneously with the review 
of Regulation (EU) No 516/2014 establishing the Asylum, Migration and Integration 
Fund. 

(37) 

(37) 

(37) 

[In  accordance  with  Article  3  of  Protocol  No  21  on  the  position  of  the  United 
Kingdom and Ireland in respect of the area of freedom, security and justice, annexed 
to the Treaty on European Union and to the Treaty on the Functioning of the European 
Union, those Member States have notified their wish to take part in the adoption and 
application of this Regulation] 

OR  

[In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United 
Kingdom and Ireland in respect of the area of freedom, security and justice, annexed 
to the Treaty on European Union and to the Treaty on the Functioning of the European 
Union,  and  without  prejudice  to  Article  4  of  that  Protocol,  those  Member  States  are 
not taking part in the adoption of this Regulation and are not bound by it or subject to 
its application.] 

OR 

[In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United 
Kingdom and Ireland in respect of the area of freedom, security and justice, annexed 
to the Treaty on European Union and to the Treaty on the Functioning of the European 
Union, and without prejudice to Article 4 of that Protocol, the United Kingdom is not 
taking part in the adoption of this Regulation and is not bound by it or subject to its 
application. 

(37a)  In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom 
and  Ireland  in  respect  of  the  area  of  freedom,  security  and  justice,  annexed  to  the 
Treaty  on  European  Union  and  to  the  Treaty  on  the  Functioning  of  the  European 
Union, Ireland has notified (, by letter of ...,) its wish to take part in the adoption and 
application of this Regulation.] 

OR  

(37) 

[In  accordance  with  Article  3  of  Protocol  No  21  on  the  position  of  the  United 
Kingdom and Ireland in respect of the area of freedom, security and justice, annexed 

37 

38 

Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on 
the  protection  of  individuals  with  regard  to  the  processing  of  personal  data  by  the  Community 
institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1). 
OJ L […], […], p. […]. 

EN 

22 

   EN 

                                                 
to the Treaty on European Union and to the Treaty on the Functioning of the European 
Union, the United Kingdom has notified (, by letter of ...,) its wish to take part in the 
adoption and application of this Regulation. 

(37a)  In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United 
Kingdom and Ireland in respect of the area of freedom, security and justice, annexed 
to the Treaty on European Union and to the Treaty on the Functioning of the European 
Union, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in 
the adoption of this Regulation and is not bound by it or subject to its application.] 

(38) 

In  accordance  with  Articles  1  and  2  of  the  Protocol  (No  22)  on  the  position  of 
Denmark,  annexed  to  the  TEU  and  to  the  TFEU,  Denmark  is  not  taking  part  in  the 
adoption of this Regulation and is not bound by it or subject to its application, 

HAVE ADOPTED THIS REGULATION: 

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) 

(b) 

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; 

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: 

EN 

23 

   EN 

(a) 

(b) 

(c) 

(d) 

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; 

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

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

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, 

EN 

24 

   EN 

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) 

(d) 

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"); 

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). 

EN 

25 

   EN 

 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. 

EN 

26 

   EN 

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) 

(b) 

a detailed justification for the targeted Union resettlement scheme; 

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. 

EN 

27 

   EN 

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) 

(b) 

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

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) 

(b) 

(c) 

(d) 

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

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

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

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. 

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. 

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. 

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

3. 

4. 

5. 

EN 

28 

   EN 

6. 

7. 

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. 

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

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. 

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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) 

(2) 

(3) 

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

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; 

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. 

2. 

3. 

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. 

[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]. 

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 

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 

39 

OJ L […], […], p. […]. 

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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. 

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. 

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 

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

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. 

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. 

Before adopting a delegated act, the Commission shall consult experts designated by 
the 
in  accordance  with 
each  Member  State 
Interinstitutional Agreement on Better Law-Making of 13 April 201640. 

the  principles 

laid  down 

in 

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

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  

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

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

2. 

3. 

1. 

2. 

3. 

4. 

5. 

6. 

1. 

2. 

40 

OJ L 123, 12.5.2016, p. 1. 

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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) 

(2) 

(a) 

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

Article 2 is amended as follows: 

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. 

2. 

3. 

4. 

5. 

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. 

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. 

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. 

Member  States  shall  keep 
identification of the resettled persons and of the date of their resettlement. 

the  information  necessary  to  allow  the  proper 

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

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(4) 

the  term 
Resettlement Framework'. 

'Union  Resettlement  Programme'  is  replaced  by  the  term 

'Union 

(5) 

Annex III is deleted. 

Article 18 
Evaluation and Review 

1. 

2. 

3. 

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. 

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)]. 

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. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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