Amendments to Regulation (EC) No 862/2007

Regulation (EC) No 862/2007 is amended as follows:

in Article 1, point (c) is replaced by the following:

administrative and judicial procedures and processes in the Member States relating to immigration, granting of permission to reside, citizenship, asylum and other forms of international protection, illegal entry and stay, and returns.’;

Article 2 is amended as follows:

paragraph 1 is amended as follows:

points (j) to (m) are replaced by the following:

“application for international protection” means an application for international protection as defined in point (h) of Article 2 of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted ( *1 ) ;

“refugee status” means refugee status as defined in point (e) of Article 2 of Directive 2011/95/EU;

“subsidiary protection status” means subsidiary protection status as defined in point (g) of Article 2 of Directive 2011/95/EU;

“family members” means family members as defined in point (g) of Article 2 of Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 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 ( *2 ) ;

( *1 ) OJ L 337, 20.12.2011, p. 9 ."

( *2 ) OJ L 180, 29.6.2013, p. 31 .’;"

points (o) to (q) are replaced by the following:

“unaccompanied minor” means an unaccompanied minor as defined in point (l) of Article 2 of Directive 2011/95/EU;

“external borders” means external borders as defined in point 2 of Article 2 of Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) ( *3 ) ;

“third-country nationals refused entry” means third-country nationals who are refused entry at the external border because they do not fulfil all the entry conditions laid down in Article 6(1) of Regulation (EU) 2016/399 and do not belong to any of the categories of persons referred to in Article 6(5) of that Regulation;

( *3 ) OJ L 77, 23.3.2016, p. 1 .’;"

paragraph 3 is deleted;

Article 4 is amended as follows:

paragraph 1 is amended as follows:

point (c) of the first subparagraph is replaced by the following:

applications for international protection having been withdrawn during the reference period, disaggregated by explicit and implicit withdrawal as referred to in Articles 27 and 28 of Directive 2013/32/EU of the European Parliament and of the Council ( *4 ) ;

( *4 ) Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection ( OJ L 180, 29.6.2013, p. 60 ).’;"

in the first subparagraph, the following points are added:

persons having submitted an application for international protection or having been included in such an application as a family member during the reference period and applying for international protection for the first time;

persons having submitted an application for international protection or having been included in such an application as a family member during the reference period and having had their applications processed under the accelerated procedure provided for in Article 31(8) of Directive 2013/32/EU;

persons having submitted a subsequent application for international protection as referred to in Article 40 of Directive 2013/32/EU or having been included in such an application as a family member during the reference period;

persons having submitted an application for international protection or having been included in such an application as a family member and having benefited from material reception conditions providing an adequate standard of living for applicants, in accordance with Article 17 of Directive 2013/33/EU of the European Parliament and of the Council ( *5 ) , at the end of the reference period;

( *5 ) Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection ( OJ L 180, 29.6.2013, p. 96 ).’;"

the second subparagraph is replaced by the following:

‘Statistics under points (a) to (f) shall be disaggregated by age and sex, by citizenship of the persons concerned and by unaccompanied minors. They shall relate to reference periods of one calendar month and shall be supplied to the Commission (Eurostat) within two months of the end of the reference month. The first reference month shall be January 2021.

Statistics under point (g) shall relate to reference periods of one calendar year and shall be supplied to the Commission (Eurostat) within six months of the end of the reference year. The first reference year shall be 2021.’;

paragraph 2 is amended as follows:

points (b) and (c) of the first subparagraph are replaced by the following:

persons covered by first instance decisions granting, revoking, ending or refusing to renew refugee status, taken by administrative or judicial bodies during the reference period;

persons covered by first instance decisions granting, revoking, ending or refusing to renew subsidiary protection status, taken by administrative or judicial bodies during the reference period;’;

the second subparagraph is replaced by the following:

‘These statistics shall be disaggregated by age and sex, by citizenship of the persons concerned and by unaccompanied minors. They shall relate to reference periods of three calendar months and shall be supplied to the Commission (Eurostat) within two months of the end of the reference period. The first reference period shall be January to March 2021.’;

paragraph 3 is amended as follows:

points (c) and (d) of the first subparagraph are replaced by the following:

persons covered by final decisions granting, revoking, ending or refusing to renew refugee status, taken by administrative or judicial bodies during the reference period;

persons covered by final decisions granting, revoking, ending or refusing to renew subsidiary protection status, taken by administrative or judicial bodies during the reference period;’;

the second subparagraph is replaced by the following:

‘These statistics shall be disaggregated by age and sex, by citizenship of the persons concerned, and, with the exception of point (a), by unaccompanied minors. In addition, statistics under point (g) shall be disaggregated by the country of residence and by the type of asylum decision.

The statistics referred to in the first subparagraph shall relate to reference periods of one calendar year and shall be supplied to the Commission (Eurostat) within three months of the end of the reference year. The first reference year shall be 2021.’;

paragraph 4 is amended as follows:

in the first subparagraph, the following points are added:

the number of re-examination requests for taking back or taking charge of an asylum seeker;

the provisions on which the requests referred to in point (f) are based;

the decisions taken in response to the requests referred to in point (f);

the numbers of transfers to which the decisions referred to in point (h) lead.’;

the second subparagraph is replaced by the following:

‘These statistics shall be disaggregated by sex and by accompanied and unaccompanied minors. They shall relate to reference periods of one calendar year and shall be supplied to the Commission (Eurostat) within three months of the end of the reference year. The first reference year shall be 2021.’;

in Article 5, paragraph 1 is amended as follows:

the second subparagraph is replaced by the following:

‘The statistics under point (a) shall be disaggregated in accordance with Article 14(5) of Regulation (EU) 2016/399.’;

the third subparagraph is replaced by the following:

‘The statistics under point (b) shall be disaggregated by age and sex, by citizenship of the persons concerned, by grounds for their apprehension and by place of apprehension.’;

Article 6 is amended as follows:

paragraph 1 is replaced by the following:

Member States shall supply to the Commission (Eurostat) statistics on the number of:

residence permits issued to third-country nationals, disaggregated as follows:

permits issued during the reference period whereby the third-country national is being granted permission to reside for the first time, disaggregated by citizenship, by the reason for the permit being issued, by the length of validity of the permit, by age and by sex;

permits issued during the reference period and granted on the occasion of a third-country national changing immigration status or reason for stay, disaggregated by citizenship, by the reason for the permit being issued, by the length of validity of the permit, by age and by sex;

valid permits at the end of the reference period (number of permits issued, not withdrawn and not expired), disaggregated by citizenship, by the reason for the issue of the permit, by the length of validity of the permit, by age and by sex;

long-term residents at the end of the reference period, disaggregated by citizenship, by type of long-term status, by age and by sex;

third-country nationals having acquired a long-term residence permit during the reference year, disaggregated by age and by sex.’;

paragraph 3 is replaced by the following:

The statistics referred to in paragraph 1 shall relate to reference periods of one calendar year and shall be supplied to the Commission (Eurostat) within six months of the end of the reference year. The first reference year shall be 2021.’;

Article 7 is amended as follows:

in paragraph 1, point (b) is replaced by the following:

the number of third-country nationals who have in fact left the territory of the Member State, following an administrative or judicial decision or act, as referred to in point (a), disaggregated by citizenship of the persons returned, by the type of return and assistance received, and by the country of destination.’;

paragraph 2 is replaced by the following:

The statistics referred to in paragraph 1 shall be disaggregated by age and sex of the person concerned and by unaccompanied minors. They shall relate to reference periods of three calendar months and shall be supplied to the Commission (Eurostat) within two months of the end of the reference period. The first reference period shall be January to March 2021.’;

Article 8 is deleted;

Article 9 is amended as follows:

the following paragraphs are inserted:

Member States shall take the measures necessary to ensure the quality of the data and metadata transmitted under this Regulation.

The quality criteria listed in Article 12(1) of Regulation (EC) No 223/2009 of the European Parliament and of the Council ( *6 ) shall apply for the purposes of this Regulation.

( *6 ) Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities ( OJ L 87, 31.3.2009, p. 164 ).’;"

paragraphs 2 to 5 are replaced by the following:

Member States shall report to the Commission (Eurostat), in the form of quality reports, on the data sources used, the reasons for the selection of those sources, the effects of the selected data sources on the quality of the statistics, the technical and organisational measures used to ensure the protection of personal data and the estimation methods used, and shall keep the Commission (Eurostat) informed of any changes thereto.

At the request of the Commission (Eurostat), Member States shall provide it with the necessary additional clarification to evaluate the quality of the statistical information.

Member States shall inform the Commission (Eurostat) without delay of any revisions or corrections to the statistics supplied under this Regulation, of any changes in the methods and data sources used, and of any relevant information or change with regard to the implementation of this Regulation that could influence the quality of the data transmitted.

The Commission may adopt implementing acts:

setting out the practical arrangements for, and the content of, the quality reports referred to in paragraph 2 of this Article;

regarding the measures relating to the definition of appropriate formats for the transmission of data under this Regulation.

The acts referred to in point (a) shall not impose significant additional burdens or costs on the Member States.

The implementing acts referred to in this paragraph shall be adopted in accordance with the examination procedure referred to in Article 11(2).’;

the following Articles are inserted:

REGULATION (EU) 2020/851 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 18 June 2020 amending Regulation (EC) No 862/2007 on Community statistics on migration and international protection