REPORT on the proposal for a regulation of the European Parliament and of the Council introducing a screening of third-country nationals at the external borders and amending Regulations (EC) No 767/2008, (EU) 2017/2226, (EU) 2018/1240 and (EU) 2019/817

14.4.2023 - (COM(2020)0612 – C9‑0307/2020 – 2020/0278(COD)) - ***I

Committee on Civil Liberties, Justice and Home Affairs
Rapporteur: Birgit Sippel

Procedure : 2020/0278(COD)
Document stages in plenary
Document selected :  
A9-0149/2023
Texts tabled :
A9-0149/2023
Debates :
Texts adopted :

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council introducing a screening of third-country nationals at the external borders and amending Regulations (EC) No 767/2008, (EU) 2017/2226, (EU) 2018/1240 and (EU) 2019/817

(COM(2020)0612 – C9‑0307/2020 – 2020/0278(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

 having regard to the Commission proposal to Parliament and the Council (COM(2020)0612),

 having regard to Article 294(2) and Article 77(2) points (b) and (d) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9‑0307/2020),

 having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

 having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Hungarian Parliament and the Italian Senate asserting that the draft legislative act does not comply with the principle of subsidiarity,

 having regard to Rule 59 of its Rules of Procedure,

 having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0149/2023),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

 

Amendment  1

 

Proposal for a regulation

Recital 1

 

Text proposed by the Commission

Amendment

(1) The Schengen area was created to achieve the Union’s objective of establishing an area without internal frontiers in which the free movement of persons is ensured, as set out in Article 3(2) of the Treaty on European Union (TEU). The good functioning of this area relies on mutual trust between the Member States and efficient management of the external border.

(1) The Schengen area was created to achieve an area without internal frontiers in which the free movement of persons is ensured, as set out in Article 3(2) of the Treaty on European Union (TEU). The good functioning of this area relies on mutual trust between the Member States and efficient management of the external border.

Amendment  2

 

Proposal for a regulation

Recital 2

 

Text proposed by the Commission

Amendment

(2) The rules governing border control of persons crossing the external borders of the Member States of the Union are laid down in Regulation (EU) 2016/399 of the European Parliament and of the Council (Schengen Borders Code)21 as adopted under Article 77(2)(b) of the Treaty on the Functioning of the European Union (TFEU). To further develop the Union’s policy with a view to carrying out checks on persons and efficiently monitoring the crossing of external borders referred to in the first paragraph of Article 77 TFEU, additional measures should address situations where third-country nationals manage to avoid border checks at the external borders, or where third-country nationals are disembarked following search and rescue operations as well as where third-country nationals request international protection at a border crossing point without fulfilling entry conditions. The present regulation complements and specifies Regulation (EU) 2016/399 with regard to those three sets of situations.

(2) The rules governing border control of persons crossing the external borders of the Member States of the Union are laid down in Regulation (EU) 2016/399 of the European Parliament and of the Council (Schengen Borders Code)21 as adopted under Article 77(2)(b) of the Treaty on the Functioning of the European Union (TFEU). To further develop the Union’s policy with a view to carrying out checks on persons and efficiently monitoring the crossing of external borders referred to in the first paragraph of Article 77 TFEU, additional measures should address situations where third-country nationals are apprehended in connection with an irregular crossing of the external borders, where third-country nationals are disembarked following search and rescue operations and where third-country nationals request international protection at a border crossing point without fulfilling entry conditions. This Regulation complements and clarifies Regulation (EU) 2016/399 [Schengen Borders Code] with regard to those three sets of situations.

__________________

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21 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code), OJ L 77, 23.3.2016, p.1.

21 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p.1).

Amendment  3

 

Proposal for a regulation

Recital 3

 

Text proposed by the Commission

Amendment

(3) It is essential to ensure that in those three sets of situations, the third country nationals are screened, in order to facilitate a proper identification and to allow for them being referred efficiently to the relevant procedures which, depending on the circumstances, can be procedures for international protection or procedures respecting Directive 2008/115/EC of the European Parliament and of the Council (the “Return Directive”)22 . The screening should seamlessly complement the checks carried out at the external border or compensate for the fact that those checks have been circumvented by the third country nationals when crossing the external border.

(3) It is essential to ensure that where third-country nationals are apprehended in connection with an irregular crossing of the external borders, where third-country nationals are disembarked following search and rescue operations and where third-country nationals request international protection at a border crossing point without fulfilling entry conditions, such third-country nationals are screened, in order to facilitate a proper identification and to enable an efficient referral to the correct procedure, which, depending on the circumstances, might be the procedure for international protection as laid down in Regulation (EU) XXXX/202X of the European Parliament and of the Council [Asylum Procedures Regulation] or the procedure respecting Directive 2008/115/EC of the European Parliament and of the Council22 (the “Return Directive”) without prejudice to Member States’ discretion in accordance with Article 6(5) of Regulation (EU) 2016/399 [Schengen Borders Code]. Persons identified as stateless persons or at risk of becoming stateless persons during the screening should be referred to the competent authorities which should determine whether the individual is a stateless person and offer adequate protection, in accordance with national law. The screening should seamlessly complement the checks carried out at the external border. Where applicable, the checks carried out in the context of the screening may also form part of the checks to be performed in the context of subsequent procedures.

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22 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, OJ L 348, 24.12.2008, p. 98.

22 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, (OJ L 348, 24.12.2008, p. 98).

Amendment  4

 

Proposal for a regulation

Recital 4

 

Text proposed by the Commission

Amendment

(4) Border control is in the interest not only of the Member States at whose external borders it is carried out but of all Member States which have abolished internal border control. Border control should help to combat illegal migration and trafficking of human beings and to prevent any threat to the Member States’ internal security, public policy, public health and international relations. As such, measures taken at the external borders are important elements of a comprehensive approach to migration, allowing to address the challenge of mixed flows of migrants and persons seeking international protection.

(4) Border control is not only in the interest of the Member States at whose external borders it is carried out but of all Member States. Border control should help reduce irregular migration, protect victims of trafficking of human beings and prevent any threat to the Member States’ internal security, public health and international relations. At the same time, when carrying out border control, Member States should act in compliance with relevant Union and international law, including the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as amended by the New York Protocol of 31 January 1967 ("the Geneva Convention"), obligations related to international protection, in particular the principle of non-refoulement, and fundamental rights. As such, measures taken at the external borders are important elements of a comprehensive approach to asylum and migration.

Amendment  5

 

Proposal for a regulation

Recital 4 a (new)

 

Text proposed by the Commission

Amendment

 

(4a) As part of a comprehensive approach to migration and border management and in accordance with Article 80 TFEU, Union law should contain appropriate measures to give effect to the principle of solidarity and fair sharing of responsibility.

Amendment  6

 

Proposal for a regulation

Recital 5

 

Text proposed by the Commission

Amendment

(5) In accordance with Article 2 of Regulation (EU) 2016/399, border control consists of border checks carried out at the border crossing points and border surveillance, which is carried out between the border crossing points, in order to prevent third-country nationals from circumventing border checks. In accordance with Article 13 of Regulation (EU) 2016/399 a person who has crossed a border in an unauthorised manner and who has no right to stay on the territory of the Member State concerned shall be apprehended and made subject to procedures respecting Directive 2008/115/EC. In accordance with Article 3 of Regulation (EU) 2016/399, border control should be carried out without prejudice to the rights of refugees and persons requesting international protection, in particular as regards non-refoulement.

(5) In accordance with Article 2 of Regulation (EU) 2016/399 [Schengen Borders Code], border control consists of border checks carried out at the border crossing points and border surveillance, which is carried out between the border crossing points. In accordance with Article 13 of Regulation (EU) 2016/399 [Schengen Borders Code] a person who has crossed a border in an irregular manner and who has no right to stay on the territory of the Member State concerned shall be apprehended and made subject to procedures respecting Directive 2008/115/EC. However, Article 3 of Regulation (EU) 2016/399 [Schengen Borders Code] clarifies that border control should be carried out without prejudice to the rights of refugees and persons requesting international protection, in particular as regards non-refoulement.

Amendment  7

 

Proposal for a regulation

Recital 6

 

Text proposed by the Commission

Amendment

(6) Border guards are often confronted with third-country nationals who are requesting international protection without travel documents, both following apprehension during border surveillance and during checks at the border crossing points. Moreover, at some border sections the border guards are confronted with large numbers of arrivals at the same time. In such circumstances, it is particularly difficult to ensure that all relevant databases are consulted and to immediately determine the appropriate asylum or return procedure.

(6) Border guards are often faced with third-country nationals who have no travel or identification documents and who are requesting international protection, both following apprehension during border surveillance and during checks at the border crossing points. Moreover, it is possible that at some border sections the border guards are faced with large numbers of arrivals at the same time. In such circumstances, it is particularly important to ensure that relevant databases are consulted and to determine the appropriate procedure as quickly as possible.

Amendment  8

 

Proposal for a regulation

Recital 7

 

Text proposed by the Commission

Amendment

(7) In order to ensure a swift handling of third-country nationals who try to avoid border checks or who request international protection at a border crossing point without fulfilling the entry conditions or who are disembarked following a search and rescue operation, it is necessary to provide a stronger framework for cooperation between the different national authorities responsible for border control, the protection of public health, the examination of the need for international protection and the application of return procedures.

(7) In order to ensure an improved and swift handling of third-country nationals who have not been subject to border checks or who request international protection at a border crossing point without fulfilling the entry conditions or who are disembarked following a search and rescue operation, it is necessary to provide a stronger framework for cooperation between the different national authorities responsible for border control, the protection of public health, child protection, the examination of the need for international protection and the application of return procedures.

Amendment  9

 

Proposal for a regulation

Recital 8

 

Text proposed by the Commission

Amendment

(8) In particular, the screening should help to ensure that the third-country nationals concerned are referred to the appropriate procedures at the earliest stage possible and that the procedures are continued without interruption and delay. At the same time, the screening should help to counter the practice whereby some applicants for international protection abscond after having been authorised to enter the territory of a Member State based on their request for international protection, in order to pursue such requests in another Member State or not at all.

(8) In particular, the screening should help to ensure that the third-country nationals concerned are referred to the appropriate procedures at the earliest stage possible and that the procedures are continued without interruption and delay. At the same time, the screening could help discourage secondary movements in the Schengen area.

Amendment  10

 

Proposal for a regulation

Recital 9

 

Text proposed by the Commission

Amendment

(9) With regard to those persons who apply for international protection, the screening should be followed by an examination of the need for international protection. It should allow to collect and share with the authorities competent for that examination any information that is relevant for the latter to identify the appropriate procedure for the examination of the application, thus speeding up that examination. The screening should also ensure that persons with special needs are identified at an early stage, so that any special reception and procedural needs are fully taken into account in the determination of and the pursuit of the applicable procedure.

(9) With regard to those persons who apply for international protection, and without prejudice to Regulation (EU) No XX/XXX [Asylum and Migration Management Regulation], the screening should enable the screening authorities to collect and share any relevant information with the competent authorities for examining an application for international protection without assessing the value of that information. The screening should also contribute to identifying vulnerable persons and persons with special needs at an early stage, so that any medical, special reception or procedural needs are fully taken into account in the determination of and the pursuit of the applicable procedure.

Amendment  11

 

Proposal for a regulation

Recital 10

 

Text proposed by the Commission

Amendment

(10) The obligations stemming from this Regulation should be without prejudice to the provisions concerning responsibility for examining an application for international protection regulated in Regulation (EU) No XX/XXX [Asylum and Migration Management Regulation].

deleted

Amendment  12

 

Proposal for a regulation

Recital 11

 

Text proposed by the Commission

Amendment

(11) This Regulation should apply to third-country nationals and stateless persons who are apprehended in connection with the unauthorised crossings of the external border of a Member State by land, sea or air, except third country nationals for whom the Member State is not required to take the biometric data pursuant to Article 14(1) and (3) of the Eurodac Regulation for reasons other than their age, as well as to persons who have been disembarked following search and rescue operations, regardless of whether they apply or not for international protection. This Regulation should also apply to those who seek international protection at the border crossing points or in transit zones without fulfilling the entry conditions

(11) This Regulation should apply to third-country nationals and stateless persons who are apprehended in connection with an irregular crossing of the external border of a Member State by land, sea or air, except those for whom the Member State is not required to take the biometric data pursuant to Article 14(1) and (3) of Regulation (EU) xxxx/202x [Eurodac Regulation] for reasons other than their age, as well as to those third-country nationals who have been disembarked following search and rescue operations and do not fulfil the entry conditions set out in Article 6 of Regulation (EU) 2016/399 [Schengen Borders Code] and to those third-country nationals who apply for international protection at the border crossing points or in transit zones without fulfilling the entry conditions set out in Article 6 of Regulation (EU) 2016/399 [Schengen Borders Code].

Amendment  13

 

Proposal for a regulation

Recital 12

 

Text proposed by the Commission

Amendment

(12) The screening should be conducted at or in proximity to the external border, before the persons concerned are authorised to enter the territory. The Member States should apply measures pursuant to national law to prevent the persons concerned from entering the territory during the screening. In individual cases, where required, this may include detention, subject to the national law regulating that matter.

(12) The screening may be conducted at any appropriate and adequate location within the territory of a Member State. Member States should designate any location used for the screening, which may be located at or in proximity to the external border taking into account geography and existing infrastructures.

Amendment  14

 

Proposal for a regulation

Recital 12 a (new)

 

Text proposed by the Commission

Amendment

 

(12a) In individual cases, where required, the screening may include detention, subject to the relevant Union and national law regulating that matter, in particular Directive (EU) xxxx/xxxx [Reception Conditions Directive]. The provisions regarding detention set out in that directive should apply mutatis mutandis to all persons subject to the screening.

Amendment  15

 

Proposal for a regulation

Recital 13

 

Text proposed by the Commission

Amendment

(13) Wherever it becomes clear during the screening that a third-country national subject to it fulfils the conditions of Article 6 of Regulation (EU) 2016/399, the screening should end and the third-country national concerned should be authorised to enter the territory, without prejudice to the application of penalties as referred to in Article 5(3) of that regulation.

(13) Wherever it becomes clear during the screening of a third-country national that such third-country national fulfils the conditions of Article 6 of Regulation (EU) 2016/399 [Schengen Borders Code], the screening should end and, if it is not already the case, the person concerned should be authorised to enter the territory, without prejudice to the application of penalties as referred to in Article 5(3) of that Regulation.

Amendment  16

 

Proposal for a regulation

Recital 14 a (new)

 

Text proposed by the Commission

Amendment

 

(14a) Persons applying for international protection to whom Member States may not apply or may no longer apply a border procedure in accordance with Article 41( 3a) of Regulation (EU) xxxx/202x [Asylum Procedure Regulation], should be authorised to enter the territory.

Amendment  17

 

Proposal for a regulation

Recital 15

 

Text proposed by the Commission

Amendment

(15) All persons subject to the screening should be submitted to checks in order to establish their identity and to ascertain that they do not pose a threat to internal security or public health. In the case of persons requesting international protection at border crossing points, the identity and security checks carried out in the context of border checks should be taken into account to avoid duplication.

(15) All persons subject to the screening should be submitted to checks in order to verify or establish their identity and to verify whether they might pose a threat to internal security or public health. In the case of persons requesting international protection at border crossing points, the identity and security checks carried out in the context of border checks should be taken into account to avoid duplication.

Amendment  18

 

Proposal for a regulation

Recital 16

 

Text proposed by the Commission

Amendment

(16) On completion of the screening, the third-country nationals concerned should be referred to the relevant procedure to establish responsibility for examining an application for and to assess the need for international protection, or be made subject to procedures respecting Directive 2008/115 (return directive), as appropriate. The relevant information obtained during the screening should be provided to the competent authorities to support the further assessment of each individual case, in full respect of fundamental rights. The procedures established by Directive 2008/115 should start applying only after the screening has ended. Article 26 and 27 of the Asylum Procedures Regulation should apply only after the screening has ended. This should be without prejudice to the fact that the persons applying for international protection at the moment of apprehension, in the course of border control at the border crossing point or during the screening, should be considered applicants.

(16) On completion of the screening, the third-country nationals concerned should be either referred to the procedure to establish responsibility for examining an application for and to assess the need for international protection, or be made subject to procedures respecting Directive 2008/115/EC [Return Directive] without prejudice to Article 6(5) of Regulation (EU) 2016/399 [Schengen Borders Code]. The screening form containing the collected information should be provided to the competent authorities to support the further assessment of each individual case, in full respect of fundamental rights. The procedures established by Directive 2008/115/EC should start applying only after the screening has ended. Persons expressing a wish to apply or applying for international protection at the moment of apprehension, in the course of border control at the border crossing point or during the screening, should be considered applicants for international protection from the moment they express their wish to apply for international protection and Regulation (EU) xxxx/xxxx [Asylum Procedure Regulation] and Directive (EU) xxxx/xxxx [Reception Conditions Directive] should apply to them.

Amendment  19

 

Proposal for a regulation

Recital 17

 

Text proposed by the Commission

Amendment

(17) The screening could also be followed by relocation under the mechanism for solidarity established by Regulation (EU) XXX/XXX [Asylum and Migration Management] where a Member State is contributing to solidarity on a voluntary basis or the applicants for international protection are not subject to the border procedure pursuant to Regulation (EU) No. XXX/XXX (Asylum Procedures Regulation), or under the mechanism addressing situations of crisis established by Regulation (EU) XXX/XXX [Regulation on situations of crisis].

(17) Under the mechanism for solidarity established by Regulation (EU) XXX/XXX [Asylum and Migration Management] or under the mechanism addressing situations of crisis established by Regulation (EU) XXX/XXX [Crisis Regulation], Member States are encouraged to relocate applicants for international protection swiftly and without undue delay after the screening.

Amendment  20

 

Proposal for a regulation

Recital 18

 

Text proposed by the Commission

Amendment

(18) In accordance with Article 12 of Regulation (EU) 2016/399, the fulfilment of entry conditions and the authorisation of entry are expressed in an entry stamp in a travel document. The absence of such entry stamp or the absence of a travel document may therefore be considered as an indication that the holder does not fulfil the entry conditions. With the start of the operation of the Entry/Exit System leading to substitution of the stamps with an entry in the electronic system, that presumption will become more reliable. Member States should therefore apply the screening to third-country nationals who are already within the territory and who are unable to prove that they fulfilled the conditions of entry into the territory of the Member States. The screening of such third-country nationals is necessary in order to compensate for the fact that they presumably managed to evade entry checks upon arrival in the Schengen area and therefore could have not been either refused entry or referred to the appropriate procedure following screening. Applying the screening could also help in ascertaining, through the consultation of the databases referred to in this Regulation, that the persons concerned do not pose a threat to internal security. By the end of the screening within the territory, the third-country nationals concerned should be subject to a return procedure or, where they apply for international protection, to the appropriate asylum procedure. Submitting the same third-country national to repeated screenings should be avoided to the utmost extent possible.

deleted

Amendment  21

 

Proposal for a regulation

Recital 19

 

Text proposed by the Commission

Amendment

(19) The screening should be completed as soon as possible, and should not exceed 5 days where it is conducted at the external border and 3 days where it is conducted within the territory of a Member State. Any extension of the 5 days’ time limit should be reserved for exceptional situations at the external borders, where the capacities of the Member State to handle screenings are exceeded for reasons beyond its control such as crisis situations referred to in Article 1 of Regulation XXX/XXX [crisis proposal].

(19) The screening should be completed as soon as possible, and should not exceed five days.

Amendment  22

 

Proposal for a regulation

Recital 19 a (new)

 

Text proposed by the Commission

Amendment

 

(19a) In a situation of crisis in accordance with Regulation (EU) XXX/XXXX [Crisis Regulation] the screening should be carried out at the latest within ten days. Member States should still always carry out the screening without delay and as quickly as possible.

Amendment  23

 

Proposal for a regulation

Recital 20

 

Text proposed by the Commission

Amendment

(20) The Member States should determine appropriate locations for the screening at or in proximity to the external border taking into account geography and existing infrastructures, ensuring that apprehended third-country nationals as well as those who present themselves at a border crossing point can be swiftly submitted to the screening. The tasks related to the screening may be carried out in hotspot areas as referred to in point (23) of Article 2 of Regulation (EU) 2019/1896 of the European Parliament and of the Council23 .

deleted

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23 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard, OJ L 295, 14.11.2019, p. 1.

 

Amendment  24

 

Proposal for a regulation

Recital 21

 

Text proposed by the Commission

Amendment

(21) In order to achieve the objectives of the screening, close cooperation should be ensured between the competent national authorities referred to in Article 16 of Regulation 2016/399, those referred to in Article 5 of the [Asylum Procedures Regulation] as well as those responsible for carrying out return procedures respecting Directive 2008/115. Child protection authorities should also be closely involved in the screening wherever necessary to ensure that the best interests of the child are duly taken into account throughout the screening. Member States should be allowed to avail themselves of the support of the relevant agencies, in particular the European Border and Coast Guard Agency and the [European Union Agency for Asylum], within the limits of their mandates. Member States should involve the national Rapporteurs for Anti-trafficking wherever the screening reveals facts relevant for trafficking in line with Directive 2011/36/EU of the European Parliament and of the Council24 .

(21) In order to achieve the objectives of the screening, close cooperation should be ensured between the competent national authorities referred to in Article 16 of Regulation (EU) 2016/399 [Schengen Borders Code], those referred to in Article 5 of Regulation (EU) xxxx/xxxx [Asylum Procedures Regulation] as well as those responsible for carrying out return procedures respecting Directive 2008/115/EC. In that regard, it is important to avoid the duplication of obligations on Member States and applicants for international protection regarding the procedures in place, and the duplication of rules concerning reception conditions and grounds on which persons might be detained. Member States should be allowed and are encouraged to avail themselves of the support of the relevant agencies, in particular the European Border and Coast Guard Agency and the European Union Agency for Asylum, within the limits of their mandates. Member States should involve the national Rapporteurs for Anti-trafficking wherever the screening reveals facts relevant for trafficking in line with Directive 2011/36/EU of the European Parliament and of the Council24.

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24 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1.

24 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims (OJ L 101, 15.4.2011, p. 1).

Amendment  25

 

Proposal for a regulation

Recital 21 a (new)

 

Text proposed by the Commission

Amendment

 

(21a) During the screening procedure, the best interests of the child should always be a primary consideration in accordance with Article 24(2) of the Charter of Fundamental Rights of the European Union (the ‘Charter’). Child protection authorities should, wherever necessary, be closely involved in the screening to ensure that the best interests of the child are duly taken into account throughout the screening. A representative should be appointed to represent and assist the unaccompanied minor during the screening. Where applicable, this representative should be the same as the representative to be appointed in accordance with Article 23 of Directive (EU) XXX/XXX [Reception Conditions Directive].

Amendment  26

 

Proposal for a regulation

Recital 22

 

Text proposed by the Commission

Amendment

(22) When conducting the screening, the competent authorities should comply with the Charter of Fundamental Rights of the European Union and ensure the respect for human dignity and should not discriminate against persons on grounds of sex, racial, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinions, membership of a national minority, disability, age or sexual orientation. Particular attention should be paid to the best interests of the child.

(22) When applying this Regulation, the Member States should comply with the Charter, relevant international law, including the Convention Relating to the Status of Refugees done at Geneva on 28 July 1951 (‘the Geneva Convention’), and ensure the respect for human dignity and should not discriminate against persons on grounds of sex, racial, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinions, membership of a national minority, disability, age or sexual orientation. Particular attention should be paid to the best interests of the child.

Amendment  27

 

Proposal for a regulation

Recital 23

 

Text proposed by the Commission

Amendment

(23) In order to ensure compliance with EU and international law, including the Charter of Fundamental Rights, during the screening, each Member State should establish a monitoring mechanism and put in place adequate safeguards for the independence thereof. The monitoring mechanism should cover in particular the respect for fundamental rights in relation to the screening, as well as the respect for the applicable national rules regarding detention and compliance with the principle of non-refoulement as referred to in Article 3(b) of Regulation (EU) 2016/399. The Fundamental Rights Agency should establish general guidance as to the establishment and the independent functioning of such monitoring mechanism. Member States should furthermore be allowed to request the support of the Fundamental Rights Agency for developing their national monitoring mechanism. Member States should also be allowed to seek advice from the Fundamental Rights Agency with regard to establishing the methodology for this monitoring mechanism and with regard to appropriate training measures. Member States should also be allowed to invite relevant and competent national, international and non-governmental organisations and bodies to participate in the monitoring. The independent monitoring mechanism should be without prejudice to the monitoring of fundamental rights provided by the European Border and Coast Guard Agency’s fundamental rights monitors provided for in Regulation (EU) 2019/1896. The Member States should investigate allegations of the breach of the fundamental rights during the screening, including by ensuring that complaints are dealt with expeditiously and in an appropriate way.

(23) In order to ensure compliance with Union and international law, including the Charter, during border surveillance and the screening procedure, each Member State should establish or designate a monitoring mechanism and put in place adequate safeguards for the independence of that mechanism in accordance with the Paris Principles, the Venice Principles, the United Nations General Assembly Resolution of 28 December 2020 on the role of the Ombudsman, and the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, in particular by involving national human rights institutions, national ombudspersons or international organisations in the management and operation of the mechanism. Member States may also involve relevant non-governmental organisations. The bodies responsible for the mechanism should establish and maintain close links with the national data protection authorities and the European Data Protection Supervisor. The mechanism should monitor the respect for fundamental rights in relation to border surveillance and the screening procedure, as well as the respect for the applicable rules regarding detention and compliance with the principle of non-refoulement as referred to in Article 3(b) of Regulation (EU) 2016/399 [Schengen Borders Code].

Amendment  28

 

Proposal for a regulation

Recital 23 a (new)

 

Text proposed by the Commission

Amendment

 

(23a) The Fundamental Rights Agency (FRA) should establish general guidance as to the establishment and the independent functioning of such monitoring mechanism. Member States should furthermore be allowed to request the support of the FRA for developing their national monitoring mechanism. Member States should also be allowed to seek advice from the FRA with regard to establishing the methodology for this monitoring mechanism and appropriate training measures.

Amendment  29

 

Proposal for a regulation

Recital 23 b (new)

 

Text proposed by the Commission

Amendment

 

(23b) The independent monitoring mechanism should be in addition and without prejudice to the monitoring of fundamental rights provided by the European Border and Coast Guard Agency’s fundamental rights monitors provided for in Regulation (EU) 2019/1896 of the European Parliament and of the Council1a, the monitoring mechanism for the purpose of monitoring the operational and technical application of the Common European Asylum System (CEAS) as set out in Article 14 of Regulation (EU) 2021/2303 of the European Parliament and of the Council 1b [EU Asylum Agency Regulation], the Schengen Evaluation and Monitoring Mechanism provided for in Council Regulation (EU) 2022/922 of the European Parliament and of the Council 1c and monitoring carried out by existing national or international monitoring bodies. Member States should investigate all allegations of non-respect of fundamental rights during border surveillance and the screening procedure, including by ensuring that complaints are dealt with promptly, expeditiously and are capable of leading to the identification and sanction of those responsible in an appropriate manner.

 

__________

 

1a Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).

 

1b Regulation (EU) 2021/2303 of the European Parliament and of the Council of 15 December 2021 on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010 (OJ L 468, 30.12.2021, p. 1).

 

1c Council Regulation (EU) 2022/922 of 9 June 2022 on the establishment and operation of an evaluation and monitoring mechanism to verify the application of the Schengen acquis, and repealing Regulation (EU) No 1053/2013 (OJ L 160, 15.6.2022, p. 1).

Amendment  30

 

Proposal for a regulation

Recital 23 c (new)

 

Text proposed by the Commission

Amendment

 

(23c) Member States should ensure that the implementation of the screening procedure, and the set up and operation of the independent monitoring mechanism, are adequately financed and resourced. To that end, Member States may request funding for the establishment and operation of the independent monitoring mechanism from Union funding sources, in particular the Integrated Border Management Fund (IBMF) provided for in Regulation (EU) 2021/1148.

Amendment  31

 

Proposal for a regulation

Recital 23 d (new)

 

Text proposed by the Commission

Amendment

 

(23d) The obligations on Member States to establish or designate an existing independent monitoring mechanism during border surveillance and the screening procedure set out in this Regulation as well as during the asylum and return border procedure set out in Article [XX] of Regulation (EU) xxxx/xxxx [Asylum Procedure Regulation] should be fulfilled through the establishment or designation of one mechanism that covers all relevant phases and procedures specified in the respective regulations.

Amendment  32

 

Proposal for a regulation

Recital 24

 

Text proposed by the Commission

Amendment

(24) By the end of the screening, the authorities responsible for the screening should fill in a de-briefing form. The form should be transmitted to the authorities examining applications for international protection or to the authorities competent for return – depending on whom the individual is referred to. In the former case, the authorities responsible for the screening should also indicate any elements which may seem to be relevant for determining whether the competent authorities should submit the application of the third-country national concerned to an accelerated examination procedure or to the border procedure.

(24) By the end of the screening, the authorities responsible for the screening should fill in a screening form. The form should be transmitted to the authorities examining applications for international protection or to the authorities competent for return – depending to whom the person is referred.

Amendment  33

 

Proposal for a regulation

Recital 24 a (new)

 

Text proposed by the Commission

Amendment

 

(24a) The information in the screening form should be recorded in such a way that it is amenable to administrative and judicial review during any subsequent asylum or return procedure. The person subject to the screening should have the possibility to indicate to the competent authorities that the information contained in the form is incorrect. Any such indication should be recorded in the screening form without delaying the completion of the screening.

Amendment  34

 

Proposal for a regulation

Recital 24 b (new)

 

Text proposed by the Commission

Amendment

 

(24b) The person concerned should be provided with a copy of the screening form before it is transmitted to the relevant authorities. In the case of minors, the copy of the form should be provided to the adult or adults responsible for the child. In the case of unaccompanied minors, the form should be provided to the representative of the child.

Amendment  35

 

Proposal for a regulation

Recital 24 c (new)

 

Text proposed by the Commission

Amendment

 

(24c) The processing of data during the screening procedure should always be carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council1a [GDPR], Regulation 2018/1725 of the European Parliament and of the Council1b or, where relevant, Directive 2016/680 of the European Parliament and of the Council1c [Police Directive], including the general principles of data minimisation and purpose limitation. Particular attention should be given to Article 13 of Regulation (EU) 2016/679 [GDPR], Article 13 of Directive (EU) 2016/680 [Police Directive] and Article 15 of Regulation (EU) 2018/1725, including the right to request from the data controller access to and rectification or erasure of personal data and the right to lodge a complaint with a supervisory authority. When implementing this Regulation, all relevant opinions and recommendations of the European Data Protection Board and European Data Protection Supervisor should be taken into account.

 

____________________

 

1a Regulation (EU) 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) (OJ L 119, 4.5.2016, p. 1).

 

1b Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

 

1c Directive (EU) 2016/680 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 by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).

Amendment  36

 

Proposal for a regulation

Recital 25

 

Text proposed by the Commission

Amendment

(25) The biometric data taken during the screening should, together with the data referred to in Articles [12, 13, 14 and 14a] of the Eurodac Regulation be transmitted to Eurodac by the competent authorities in accordance with the deadlines provided for in that Regulation.

deleted

Amendment  37

 

Proposal for a regulation

Recital 26

 

Text proposed by the Commission

Amendment

(26) A preliminary health examination should be carried out on all persons submitted to the screening at the external borders with a view to identifying persons in need of immediate care or requiring other measures to be taken, for instance isolation on public health grounds. The specific needs of minors and vulnerable persons should be taken into account. If it is clear from the circumstances that such examination is not needed, in particular because the overall condition of the person appears to be very good, the examination should not take place and the person concerned should be informed of that fact. The preliminary health examination should be carried out by the health authorities of the Member State concerned. With regard to third-country nationals apprehended within the territory, the preliminary medical examination should be carried out where it is deemed necessary at first sight.

(26) A preliminary health examination should be carried out on all persons submitted to the screening with a view to identifying persons in need of immediate care or requiring other measures to be taken, for instance isolation on public health grounds. The specific needs of minors and vulnerable persons should be taken into account. The preliminary health examination should be carried out by qualified medical professionals of the health authorities of the Member State concerned.

Amendment  38

 

Proposal for a regulation

Recital 26 a (new)

 

Text proposed by the Commission

Amendment

 

(26a) A preliminary vulnerability check should be carried out on all persons submitted to the screening with a view to identifying persons who are in a vulnerable situation, are victims of torture or other inhuman or degrading treatment, are stateless persons or at risk of becoming stateless persons, or have special reception or procedural needs within the meaning of Article [21] of Directive (EU) xxxx/xxxx [Reception Conditions Directive] and Article [20] of Regulation (EU) xxxx/xxxx [Asylum Procedure Regulation]. The vulnerability check should be carried out by qualified professionals of the Member State concerned.

Amendment  39

 

Proposal for a regulation

Recital 27

 

Text proposed by the Commission

Amendment

(27) During the screening, all persons concerned should be guaranteed a standard of living complying with the Charter of Fundamental Rights of the European Union and have access to emergency health care and essential treatment of illnesses. Particular attention should be paid to individuals with vulnerabilities, such as pregnant women, elderly persons, single parent families, persons with an immediately identifiable physical or mental disability, persons visibly having suffered psychological or physical trauma and unaccompanied minors. In particular, in case of a minor, information should be provided in a child-friendly and age appropriate manner. All the authorities involved in the performance of the tasks related to the screening should respect human dignity, privacy, and refrain from any discriminating actions or behaviour.

(27) During the screening, all persons concerned should be guaranteed a standard of living complying with the Charter and have access to emergency health care and essential treatment of illnesses. Directive (EU) XXX/XXX [Reception Conditions Directive] applies to applicants for international protection. Particular attention should be paid to individuals with vulnerabilities, such as minors, unaccompanied minors, pregnant women, elderly persons, single parent families, victims of trafficking in human beings, persons with a serious illness, persons with a mental disorder, persons with a physical or mental disability, persons who have been subjected to torture, rape or other serious forms of psychological physical or sexual violence. In particular, in the case of a minor, information should be provided in a child-friendly and age appropriate manner and should also be provided to the representative of the minor. All the authorities involved in the performance of the tasks related to the screening should respect human dignity, privacy, and refrain from any discriminating actions or behaviour.

Amendment  40

 

Proposal for a regulation

Recital 28

 

Text proposed by the Commission

Amendment

(28) Since third-country nationals subject to the screening may not carry the necessary identity and travel documents required for the legal crossing of the external border, an identification procedure should be provided for as part of the screening.

(28) Since third-country nationals subject to the screening may not have the necessary identity and travel documents required for the legal crossing of the external border, a verification of identity or an identification procedure should be carried out as part of the screening.

Amendment  41

 

Proposal for a regulation

Recital 29

 

Text proposed by the Commission

Amendment

(29) The Common Identity Repository (“CIR”) was established by Regulation (EU) 2019/817 of the European Parliament and of the Council (Interoperability Regulation)25 to facilitate and assist in the correct identification of persons registered in the Entry/Exit System (“EES”), the Visa Information System (“VIS”), the European Travel Information and Authorisation System (“ETIAS”), Eurodac and in the European Criminal Records Information System for third country nationals (“ECRIS-TCN”), including of unknown persons who are unable to identify themselves. For that purpose, the CIR contains only the identity, travel document and biometric data recorded in EES, VIS, ETIAS, Eurodac and ECRIS-TCN, logically separated. Only the personal data strictly necessary to perform an accurate identity check is stored in the CIR. The personal data recorded in the CIR is kept for no longer than strictly necessary for the purposes of the underlying systems and should automatically be deleted where the data are deleted from the underlying systems. Consultation of the CIR enables a reliable and exhaustive identification of persons, by making it possible to consult all identity data present in the EES, VIS, ETIAS, Eurodac and ECRIS-TCN in one go, in a fast and reliable manner, while ensuring a maximum protection of the data and avoiding unnecessary processing or duplication of data.

(29) The Common Identity Repository (“CIR”) was established by Regulation (EU) 2019/817 of the European Parliament and of the Council25 (Interoperability Regulation) to facilitate and assist in the correct identification of persons registered in the Entry/Exit System (“EES”), the Visa Information System (“VIS”), the European Travel Information and Authorisation System (“ETIAS”), Eurodac and in the European Criminal Records Information System for third-country nationals (“ECRIS-TCN”), including of unknown persons who are unable to identify themselves. For that purpose, the CIR contains only the identity, travel document and biometric data recorded in EES, VIS, ETIAS, Eurodac and ECRIS-TCN, logically separated. Only the personal data strictly necessary to perform an accurate identity check is stored in the CIR. The personal data recorded in the CIR are automatically deleted where the data are deleted from the underlying systems. Consultation of the CIR enables a reliable and exhaustive verification of identity or identification of persons, by making it possible to consult all identity data present in the EES, VIS, ETIAS, Eurodac and ECRIS-TCN in one go, in a fast and reliable manner, while ensuring the protection of the data and avoiding unnecessary processing or duplication of data.

__________________

__________________

25 Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA, OJ L 135, 22.5.2019, p. 27.

25 Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA (OJ L 135, 22.5.2019, p. 27).

Amendment  42

 

Proposal for a regulation

Recital 30

 

Text proposed by the Commission

Amendment

(30) In order to establish the identity of the persons subject to the screening, a verification should be initiated in the CIR in the presence of the person during the screening. During that verification, the biometric data of the person should be checked against the data contained in the CIR. Where the biometric data of a person cannot be used or if a query with that data fails, the query could be carried out with identity data of the person in combination with travel document data, where such data are available. In accordance with the principles of necessity and proportionality, and where the query indicates that data on that person are stored in the CIR, Member State authorities should have access to the CIR to consult the identity data, travel document data and biometric data of that person, without the CIR providing any indication as to which EU information system the data belong to.

(30) In order to verify or establish the identity of the persons subject to the screening, a verification should be initiated in the CIR in the presence of the person during the screening. During that verification, the biometric data of the person should be checked against the data contained in the CIR. Where the biometric data of a person cannot be used or if a consultation with that data fails, the consultation could be carried out with identity data of the person in combination with travel document data, where such data are available. In accordance with the principles of necessity and proportionality, and where the consultation indicates that data on that person are stored in the CIR, Member State authorities should have access to the CIR to consult the identity data, travel document data and biometric data of that person, without the CIR providing any indication as to which EU information system the data belong to.

Amendment  43

 

Proposal for a regulation

Recital 32

 

Text proposed by the Commission

Amendment

(32) Given that many persons submitted to the screening may not carry any travel documents, the authorities conducting the screening should have access to any other relevant documents held by the persons concerned in cases where the biometric data of such persons are not usable or yield no result in the CIR. The authorities should also be allowed to use data from those documents, other than biometric data, to carry out checks against the relevant databases.

(32) Given that many persons submitted to the screening may not have any travel documents, the authorities conducting the screening should have access to any other relevant documents held by the persons concerned for the verification of identity or identification in cases where the biometric data of such persons are not usable or yield no result in the CIR. The authorities should also be allowed to use data from those documents, other than biometric data, to carry out checks against the relevant databases.

Amendment  44

 

Proposal for a regulation

Recital 33

 

Text proposed by the Commission

Amendment

(33) The identification of persons during border checks at the border crossing point and any consultation of the databases in the context of border surveillance or police checks in the external border area by the authorities who referred the person concerned to the screening should be considered as part of the screening and should not be repeated, unless there are special circumstances justifying such repetition.

(33) The identification of persons during border checks at the border crossing point and any consultation of the databases in the context of border surveillance or police checks in the external border area by the authorities who referred the person concerned to the screening should be considered as part of the screening and should not be repeated, unless there are special circumstances justifying such repetition. It is neither necessary nor proportionate to consult the same database multiple times in respect of the same person. The collection of personal data, and in particular the taking of biometric data for the purpose of both verification or identification and of the registration in accordance with the requirements of Regulation (EU) xxxx/xxxx [Eurodac Regulation], should take place once as part of the screening.

Amendment  45

 

Proposal for a regulation

Recital 34

 

Text proposed by the Commission

Amendment

(34) In order to ensure uniform conditions for the implementation of Articles 11(5) and 12(5) of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council26 . For the adoption of relevant implementing acts, the examination procedure should be used.

(34) In order to ensure uniform conditions for the implementation of Article 11(5) of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council26. For the adoption of relevant implementing acts, the examination procedure should be used.

__________________

__________________

26 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 power (OJ L 55, 28.2.2011, p. 13).

26 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 power (OJ L 55, 28.2.2011, p. 13).

Amendment  46

 

Proposal for a regulation

Recital 35

 

Text proposed by the Commission

Amendment

(35) The screening should also assess whether the entry of the third-country nationals into the Union could pose a threat to internal security or to public policy.

deleted

Amendment  47

 

Proposal for a regulation

Recital 36

 

Text proposed by the Commission

Amendment

(36) As the screening concerns persons present at the external border without fulfilling entry conditions, or disembarked after a search and rescue operation, the security checks as part of the screening should be at least of a similar level as the checks performed in respect of third country nationals that apply on beforehand for an authorisation to enter the Union for a short stay, whether they are under a visa obligation or not.

(36) As the screening concerns third-country nationals present at the external border who may not fulfil entry conditions, or who have been disembarked after a search and rescue operation, the security checks as part of the screening should be of a similar level to the checks performed in respect of third-country nationals who apply beforehand for an authorisation to enter the Union for a short stay, whether they are under a visa obligation or not.

Amendment  48

 

Proposal for a regulation

Recital 39

 

Text proposed by the Commission

Amendment

(39) It follows from the reasoning developed in recital (36) that as regards persons subject to the screening, automated verifications for security purposes should be carried out against the same systems as is provided for applicants for a visa or for a travel authorisation under the European Travel Information and Authorisation System: the VIS, EES, ETIAS, SIS, ECRIS-TCN, Europol and Interpol’s SLTD and TDAWN. Persons submitted to the screening should also be checked against ECRIS-TCN as regards persons convicted in relation to terrorist offences and other forms of serious criminal offences, Europol data referred to in the preceding recital 38, the Interpol’s Lost and Stolen Travel Documents database and Travel Documents Associated with Notices databases (TDAWN).

(39) As regards persons subject to the screening, automated consultation for security purposes of the relevant databases should also be carried out.

Amendment  49

 

Proposal for a regulation

Recital 40

 

Text proposed by the Commission

Amendment

(40) Those checks should be conducted in a manner that ensures that only data necessary for carrying out the security checks is retrieved from those databases. With regard to persons who have requested international protection at a border crossing point, the consultation of databases for the security check as part of the screening should focus on the databases that were not consulted during the border checks at the external border, thus avoiding repeated consultations.

(40) The consultation of the relevant databases for security purposes should be conducted in a manner that ensures that only data necessary for carrying out the security checks is retrieved from those databases. With regard to persons who have requested international protection at a border crossing point, the consultation of databases for the security check as part of the screening should take place only insofar as any of the relevant databases were not consulted during the border checks at the external border.

Amendment  50

 

Proposal for a regulation

Recital 41

 

Text proposed by the Commission

Amendment

(41) Where justified for the purpose of the security check, the screening could also include verification of objects in the possession of third-country nationals, in accordance with national law. Any measures applied in this context should be proportionate and should respect the human dignity of the persons subject to the screening. The authorities involved should ensure that the fundamental rights of the individuals concerned are respected, including the right to protection of personal data and freedom of expression.

(41) Where justified for the purpose of the security check, the screening could also include verification of objects in the possession of third-country nationals, in accordance with national law. Any measures applied in the context of a security check should be proportionate and should respect the principles of human dignity and of physical and psychological integrity of the persons subject to the screening. The authorities involved should ensure that the fundamental rights of the individuals concerned are respected, including the right to protection of personal data and freedom of expression.

Amendment  51

 

Proposal for a regulation

Recital 42

 

Text proposed by the Commission

Amendment

(42) Since access to EES, ETIAS, VIS and ECRIS-TCN is necessary for the authorities designated to carry out the screening in order to establish whether the person could pose a threat to the internal security or to public policy, Regulation (EC) No 767/2008, Regulation (EU) 2017/2226, Regulation (EU) 2018/1240 and Regulation (EC) No 2019/816, respectively, should be amended to provide for this additional access right which is currently not provided by those Regulations. In the case of Regulation (EU) No 2019/816, this amendment should for reasons of variable geometry take place through a different regulation than the present one.

(42) Since EES, ETIAS, VIS and ECRIS-TCN may include relevant information in order to establish whether a person could pose a threat to internal security, Regulation (EC) No 767/2008 of the European Parliament and of the Council1a, Regulation (EU) 2017/2226 of the European Parliament and of the Council1b, Regulation (EU) 2018/1240 of the European Parliament and of the Council1c and Regulation (EU) 2019/816 of the European Parliament and of the Council1d, respectively, should be amended to provide for limited access rights for the screening authorities for this specific purpose. In the case of Regulation (EU) 2019/816, this amendment should for reasons of variable geometry take place through a different regulation than the present one.

 

____________

 

1a Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60).

 

1b Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (OJ L 327, 9.12.2017, p. 20).

 

1c Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226 (OJ L 236, 19.9.2018, p. 1).

 

1d Regulation (EU) 2019/816 of the European Parliament and of the Council of 17 April 2019 establishing a centralised system for the identification of Member States holding conviction information on third-country nationals and stateless persons (ECRIS-TCN) to supplement the European Criminal Records Information System and amending Regulation (EU) 2018/1726 (OJ L 135, 22.5.2019, p. 1).

Amendment  52

 

Proposal for a regulation

Recital 44

 

Text proposed by the Commission

Amendment

(44) Since the effective implementation of the screening is dependent upon correct identification of the individuals concerned and of their security background, the consultation of European databases for that purpose is justified by the same objectives for which each of those databases has been established, that is to say, the effective management of the Union's external borders, the internal security of the Union and the effective implementation of the Union's asylum and return policies.

(44) The consultation of European databases for the purpose of verification of identity or identification and security checks during the screening can be justified to the extent necessary for achieving those purposes and in accordance with the objectives for which each of those databases has been established. Information on whether the consultation of relevant databases for security purposes in accordance with Article 11 resulted in a hit or no hit should be included in the screening form.

Amendment  53

 

Proposal for a regulation

Recital 44a (new)

 

Text proposed by the Commission

Amendment

 

(44a) In order to supplement certain non-essential aspects of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the procedure for cooperation and the sharing of personal data between the authorities responsible for carrying out the screening and other competent authorities for determining whether a person might pose a threat to internal security. 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 of 13 April 2016 on Better Law-Making1a. 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.

 

__________

 

1a OJ L 123, 12.5.2016, p. 1.

Amendment  54

 

Proposal for a regulation

Recital 45

 

Text proposed by the Commission

Amendment

(45) Since the objectives of this Regulation, namely the strengthening of the control of persons who are about to enter the Schengen area and their referral to the appropriate procedures, cannot be achieved by Member States acting alone, it is necessary to establish common rules at Union level. Thus, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

(45) Since the objectives of this Regulation, namely to strengthen the border checks at the external borders and to provide for the verification of identity or for the identification of all third-country nationals subject to the screening and for the consultation of the relevant databases in order to verify whether the persons might pose a threat to internal security, cannot be sufficiently achieved by the Member States, but can rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

Amendment  55

 

Proposal for a regulation

Article 1 – title

 

Text proposed by the Commission

Amendment

Subject matter and scope

Subject matter

Amendment  56

 

Proposal for a regulation

Article 1 – paragraph 1

 

Text proposed by the Commission

Amendment

This Regulation establishes the screening at the external borders of the Member States of all third-country nationals who have crossed the external border in an unauthorised manner, of those who have applied for international protection during border checks without fulfilling entry conditions, as well as those disembarked after a search and rescue operation, before they are referred to the appropriate procedure.

This Regulation establishes a screening procedure at the external borders of the Member States of all third-country nationals who have crossed the external border in an irregular manner, of those who have applied for international protection during border checks without fulfilling entry conditions, as well as those disembarked after a search and rescue operation, before they are referred to the appropriate procedure.

Amendment  57

 

Proposal for a regulation

Article 1 – paragraph 2

 

Text proposed by the Commission

Amendment

The purpose of the screening shall be the strengthening of the control of persons who are about to enter the Schengen area and their referral to the appropriate procedures.

deleted

Amendment  58

 

Proposal for a regulation

Article 1 – paragraph 3

 

Text proposed by the Commission

Amendment

The object of the screening shall be the identification of all third-country nationals subject to it and the verification against relevant databases that the persons subject to it do not pose a threat to internal security. The screening shall also entail health checks, where appropriate, to identify persons vulnerable and in the need of health care as well the ones posing a threat to public health. Those checks shall contribute to referring such persons to the appropriate procedure.

The purpose of the screening shall be to strengthen border checks at the external borders, to identify all third-country nationals subject to it and to verify against the relevant databases whether the persons subject to it might pose a threat to internal security. The screening shall also include a mandatory preliminary health check and a mandatory preliminary vulnerability check, which seek to identify vulnerable persons, persons with special reception or procedural needs, and persons in need of health care. The screening shall also seek to identify persons that possibly pose a threat to public health.

Amendment  59

 

Proposal for a regulation

Article 1 – paragraph 4

 

Text proposed by the Commission

Amendment

The screening shall also be carried out within the territory of the Member States where there is no indication that third-country nationals have been subject to controls at external borders.

deleted

Amendment  60

 

Proposal for a regulation

Article 1 – paragraph 4a (new)

 

Text proposed by the Commission

Amendment

 

This Regulation also provides for an independent mechanism to be established in each Member State to monitor compliance with Union and international law, including the Charter during border surveillance and the screening procedure.

Amendment  61

 

Proposal for a regulation

Article 1 a (new)

 

Text proposed by the Commission

Amendment

 

Article 1a

 

Fundamental rights

 

When applying this Regulation, Member States shall act in full compliance with relevant Union law, including the Charter, with relevant international law, including the Convention Relating to the Status of Refugees done at Geneva on 28 July 1951 (‘the Geneva Convention’), and with the obligations related to access to international protection, in particular the principle of non-refoulement, and fundamental rights.

Amendment  62

 

Proposal for a regulation

Article 2 – paragraph 1 – point 1

 

Text proposed by the Commission

Amendment

1. ‘unauthorised crossing of the external border’ means crossing of an external border of a Member State by land, sea or air, at places other than border crossing points or at times other than the fixed opening hours, as referred to in Article 5(3) of Regulation (EU) 2016/399;

deleted

Amendment  63

 

Proposal for a regulation

Article 2 – paragraph 1 – point 5 a (new)

 

Text proposed by the Commission

Amendment

 

5a. ‘biometric data’ means fingerprint data and facial image data, as defined in  Article 3, point (p), of Regulation (EU) xxxx/202x [Eurodac Regulation];

Amendment  64

 

Proposal for a regulation

Article 2 – paragraph 1 – point 5 b (new)

 

Text proposed by the Commission

Amendment

 

5b. 'stateless person’ means a stateless person as defined in Article 1 of the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954, in its original version;

Amendment  65

 

Proposal for a regulation

Article 2 – paragraph 1 – point 5 c (new)

 

Text proposed by the Commission

Amendment

 

5c. 'representative' means a person or an organisation, including a public authority designated by the competent authorities or bodies, with the necessary skills and expertise, including regarding the treatment and specific needs of minors, to represent, assist and act on behalf of an unaccompanied minor, as applicable, in order to safeguard the best interests and general well-being of such an unaccompanied minor and so that the unaccompanied minor can benefit from the rights and comply with the obligations under this Regulation;

Amendment  66

 

Proposal for a regulation

Article 2 – paragraph 1 – point 5 d (new)

 

Text proposed by the Commission

Amendment

 

5d. ‘minor’ means a third-country national or stateless person below the age of 18 years;

Amendment  67

 

Proposal for a regulation

Article 2 – paragraph 1 – point 5 e (new)

 

Text proposed by the Commission

Amendment

 

5e. ‘unaccompanied minor’ means a minor who arrives on the territory of the Member State unaccompanied by an adult responsible for such minor, whether by law or by the practice of the Member State concerned, and provided that such minor is not effectively taken into the care of such an adult, including a minor who is left unaccompanied after entering the territory of a Member State;

Amendment  68

 

Proposal for a regulation

Article 2 – paragraph 1 – point 5 f (new)

 

Text proposed by the Commission

Amendment

 

5f. ‘detention’ means confinement of a person by a Member State within a particular place, where such person is deprived of freedom of movement.

Amendment  69

 

Proposal for a regulation

Article 3 – title

 

Text proposed by the Commission

Amendment

Screening at the external border

Scope

Amendment  70

 

Proposal for a regulation

Article 3 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

1. This Regulation shall apply to all third-country nationals who:

1. The screening provided for in this Regulation shall apply to all third-country nationals, regardless of whether they have made an application for international protection, who:

Amendment  71

 

Proposal for a regulation

Article 3 – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

(a) are apprehended in connection with an unauthorised crossing of the external border of a Member State by land, sea or air, except third country nationals for whom the Member State is not required to take the biometric data pursuant to Article 14(1) and (3) of Regulation (EU) 603/2013 for reasons other than their age, or

(a) are apprehended in connection with an irregular crossing of the external border of a Member State by land, sea or air, except third-country nationals for whom, for reasons other than their age, the Member State is not required to take the biometric data pursuant to Article 14(1) and (3) of Regulation (EU) 603/2013, or

Amendment  72

 

Proposal for a regulation

Article 3 – paragraph 1 – point b

 

Text proposed by the Commission

Amendment

(b) are disembarked in the territory of a Member State following a search and rescue operation.

(b) are disembarked in the territory of a Member State following a search and rescue operation and do not fulfil the entry conditions set out in Article 6 of Regulation (EU) 2016/399 [Schengen Borders Code].

Amendment  73

 

Proposal for a regulation

Article 3 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

The screening shall apply to those persons regardless of whether they have applied for international protection.

deleted

Amendment  74

 

Proposal for a regulation

Article 3 – paragraph 3

 

Text proposed by the Commission

Amendment

3. The screening is without prejudice to the application of Article 6(5) of Regulation (EU) 2016/399, except the situation where the beneficiary of an individual decision issued by the Member State based on Article 6(5)(c) of that Regulation is seeking international protection.

3. The screening is without prejudice to the application of Article 6(5) of Regulation (EU) 2016/399 [Schengen Borders Code].

Amendment  75

 

Proposal for a regulation

Article 4 – title

 

Text proposed by the Commission

Amendment

Authorisation to enter the territory of a Member State

Entry into the territory of a Member State

Amendment  76

 

Proposal for a regulation

Article 4 – paragraph 1

 

Text proposed by the Commission

Amendment

1. During the screening, the persons referred to in Article 3, paragraphs 1 and 2 shall not be authorised to enter the territory of a Member State.

1. During the screening, Member States may consider the persons referred to in Article 3, paragraphs 1 and 2 as not having entered the territory of a Member State.

Amendment  77

 

Proposal for a regulation

Article 4 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Where it becomes apparent during the screening that the third-country national concerned fulfils the entry conditions set out in Article 6 of Regulation (EU) 2016/399, the screening shall be discontinued and the third-country national concerned shall be authorised to enter the territory, without prejudice to the application of penalties as referred to in Article 5(3) of that Regulation.

deleted

Amendment  78

 

Proposal for a regulation

Article 4 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. Without prejudice to Article 3(3) and Article 14(7) of this Regulation, where a Member State implements a border procedure for the examination of applications for international protection in accordance with Article 41 of Regulation (EU) xxxx/202x [Asylum Procedure Regulation], the persons referred to in Article 3(1) and (2) of this Regulation shall not be authorised to enter the territory of that Member State during the screening.

Amendment  79

 

Proposal for a regulation

Article 5

 

Text proposed by the Commission

Amendment

Article 5

deleted

Screening within the territory

 

Member States shall apply the screening to third-country nationals found within their territory where there is no indication that they have crossed an external border to enter the territory of the Member States in an authorised manner.

 

Amendment  80

 

Proposal for a regulation

Article 6 – paragraph 1

 

Text proposed by the Commission

Amendment

1. In the cases referred to in Article 3, the screening shall be conducted at locations situated at or in proximity to the external borders.

deleted

Amendment  81

 

Proposal for a regulation

Article 6 – paragraph 2

 

Text proposed by the Commission

Amendment

2. In the cases referred to in Article 5, the screening shall be conducted at any appropriate location within the territory of a Member State.

deleted

Amendment  82

 

Proposal for a regulation

Article 6 – paragraph 3

 

Text proposed by the Commission

Amendment

3. In the cases referred to in Article 3, the screening shall be carried out without delay and shall in any case be completed within 5 days from the apprehension in the external border area, the disembarkation in the territory of the Member State concerned or the presentation at the border crossing point. In exceptional circumstances, where a disproportionate number of third-country nationals needs to be subject to the screening at the same time, making it impossible in practice to conclude the screening within that time-limit, the period of 5 days may be extended by a maximum of an additional 5 days.

deleted

With regard to persons referred to in Article 3(1)(a) to whom Article 14 (1) and (3) of Regulation (EU) 603/2013 apply, where they remain physically at the external border for more than 72 hours, the period for the screening shall be reduced to two days.

 

Amendment  83

 

Proposal for a regulation

Article 6 – paragraph 4

 

Text proposed by the Commission

Amendment

4. Member States shall notify the Commission without delay about the exceptional circumstances referred to in paragraph 3. They shall also inform the Commission as soon as the reasons for extending the screening period have ceased to exist.

deleted

Amendment  84

 

Proposal for a regulation

Article 6 – paragraph 5

 

Text proposed by the Commission

Amendment

5. The screening referred to in Article 5 shall be carried out without delay and in any case shall be completed within 3 days from apprehension.

deleted

Amendment  85

 

Proposal for a regulation

Article 6 – paragraph 6 – point a

 

Text proposed by the Commission

Amendment

(a) preliminary health and vulnerability check as referred to in Article 9;

(a) a preliminary health check as referred to in Article 9;

Amendment  86

 

Proposal for a regulation

Article 6 – paragraph 6 – point a a (new)

 

Text proposed by the Commission

Amendment

 

(aa) a preliminary vulnerability check as referred to in Article 9;

Amendment  87

 

Proposal for a regulation

Article 6 – paragraph 6 – point b

 

Text proposed by the Commission

Amendment

(b) identification as referred to in Article 10;

(b) identification or verification of identity as referred to in Article 10;

Amendment  88

 

Proposal for a regulation

Article 6 – paragraph 6 – point c

 

Text proposed by the Commission

Amendment

(c) registration of biometric data in the appropriate databases as referred to in Article 14(6), to the extent it has not occurred yet;

(c) registration of biometric data in accordance with Articles 10, 13 and 14a of Regulation (EU) xxxx/xxxx [Eurodac Regulation];

Amendment  89

 

Proposal for a regulation

Article 6 – paragraph 6 – point d

 

Text proposed by the Commission

Amendment

(d) security check as referred to in Article 11;

(d) a security check as referred to in Article 11;

Amendment  90

 

Proposal for a regulation

Article 6 – paragraph 6 – point e

 

Text proposed by the Commission

Amendment

(e) the filling out of a de-briefing form as referred to in Article 13;

(e) the filling out of a screening form as referred to in Article 13;

Amendment  91

 

Proposal for a regulation

Article 6 – paragraph 6 – point f

 

Text proposed by the Commission

Amendment

(f) referral to the appropriate procedure as referred to in Article 14.

(f) referral to the appropriate procedure as referred to in Article 14.

Amendment  92

 

Proposal for a regulation

Article 6 – paragraph 6 – subparagraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

The screening may be conducted at any appropriate and adequate location within the territory of a Member State to be designated by that Member State, including at or in proximity to the external borders.

Amendment  93

 

Proposal for a regulation

Article 6 – paragraph 6 a (new)

 

Text proposed by the Commission

Amendment

 

6a. Organisations and persons providing advice and counselling, including legal assistance and representation, shall have effective access to third-country nationals, in particular to those held in detention facilities or present at the border crossing points, including transit zones, at external borders.

Amendment  94

 

Proposal for a regulation

Article 6 – paragraph 6 b (new)

 

Text proposed by the Commission

Amendment

 

6b. The screening shall be carried out without delay and shall in any case be completed within five days from the apprehension in the external border area, the disembarkation in the territory of the Member State concerned or the presentation at the border crossing point.

 

With regard to persons referred to in Article 3(1)(a) to whom [Article 14(1) and (3)] of Regulation (EU) xxxx/xxxx [Eurodac Regulation] apply, where those persons remain physically at the external border for more than 72 hours, the screening shall apply to them thereafter and the period for the screening shall be reduced to two days.

Amendment  95

 

Proposal for a regulation

Article 6 – paragraph 6 c (new)

 

Text proposed by the Commission

Amendment

 

6c. For the duration of a situation of crisis in accordance with Regulation (EU) XXX/XXXX [Crisis Regulation], the period of five days set out in paragraph 6(b) of this Article may be extended by a maximum of five additional days.

Amendment  96

 

Proposal for a regulation

Article 6 – paragraph 6 d (new)

 

Text proposed by the Commission

Amendment

 

6d. Member States shall ensure that all persons subject to the screening are accorded a standard of living which guarantees their subsistence, protects their physical and mental health, and respects their rights under the Charter.

 

Directive (EU) xxxx/xxxx [Reception Conditions Directive] shall apply to persons who apply for international protection, in accordance with Article 16 of that Directive, from the moment that  those persons make their application for international protection.

Amendment  97

 

Proposal for a regulation

Article 6 – paragraph 6 e (new)

 

Text proposed by the Commission

Amendment

 

6e. When it proves necessary and on the basis of an individual assessment of each case, Member States may detain a person subject to the screening, if other less coercive alternative measures cannot be applied effectively. Member States may, where necessary, require persons subject to the screening to report to the competent authorities at a specified time or at reasonable intervals.

 

The provisions set out in Directive (EU) xxxx/xxxx [Reception Conditions Directive] regarding detention and the application of alternative measures, in particular Articles 8 to 12 and Article 16(2), second subparagraph of that Directive, shall apply mutatis mutandis to all persons subject to the screening.

Amendment  98

 

Proposal for a regulation

Article 6 – paragraph 6 f (new)

 

Text proposed by the Commission

Amendment

 

6f. Third-country nationals shall not be subject to any intrusive biometric surveillance technologies nor predictive analytics and biometric categorisation in or around the reception or screening facilities or during the screening. The use of lie detection systems or long-range listening devices shall be prohibited.

Amendment  99

 

Proposal for a regulation

Article 6 – paragraph 7 – subparagraph 1

 

Text proposed by the Commission

Amendment

Member States shall designate competent authorities to carry out the screening. They shall deploy appropriate staff and sufficient resources to carry out the screening in an efficient way.

Member States shall designate competent authorities responsible for the screening and shall ensure that the staff of those competent authorities who will carry out the screening have the appropriate knowledge and have received the necessary training in accordance with Article 8 of Regulation (EU) 2021/2303 [EU Asylum Agency Regulation]. Member States shall deploy appropriate staff and sufficient resources to carry out the screening in an efficient way.

Amendment  100

 

Proposal for a regulation

Article 6 – paragraph 7 – subparagraph 2

 

Text proposed by the Commission

Amendment

Member States shall designate qualified medical staff to carry out the health check provided for in Article 9. National child protection authorities and national anti-trafficking rapporteurs shall also be involved, where appropriate.

Member States shall designate qualified medical professionals to carry out the health check provided for in Article 9 and qualified professionals to carry out the vulnerability check provided for in Article 9. National child protection authorities and national anti-trafficking rapporteurs or officers shall, where appropriate, also be involved.

Amendment  101

 

Proposal for a regulation

Article 6 – paragraph 7 – subparagraph 3

 

Text proposed by the Commission

Amendment

The competent authorities may be assisted or supported in the performance of the screening by experts or liaison officers and teams deployed by the European Border and Coast Guard Agency and the [European Union Agency for Asylum] within the limits of their mandates.

The competent authorities may be assisted or supported in the performance of the screening by experts or liaison officers and teams deployed by the European Border and Coast Guard Agency, including as referred to in Article 40(4) of Regulation (EU) 2019/1896 [European Border and Coast Guard Regulation], and the [European Union Agency for Asylum] within the limits of their mandates provided that such experts have the relevant training and qualifications as set out in the first two subparagraphs.

Amendment  102

 

Proposal for a regulation

Article 7 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Member States shall adopt relevant provisions to investigate allegations of non-respect for fundamental rights in relation to the screening.

1. Member States shall adopt relevant provisions to investigate all allegations of non-respect for fundamental rights during border surveillance and the screening procedure.

 

They shall adopt provisions under national law to penalise a failure to respect fundamental rights. The penalties provided for shall be effective, proportionate and dissuasive.

Amendment  103

 

Proposal for a regulation

Article 7 – paragraph 2 – subparagraph 1

 

Text proposed by the Commission

Amendment

2. Each Member State shall establish an independent monitoring mechanism

2. Each Member State shall establish an independent monitoring mechanism or designate an existing independent mechanism, if it meets the criteria set out in this Regulation.

 to ensure compliance with EU and international law, including the Charter of Fundamental Rights, during the screening;

 

 where applicable, to ensure compliance with national rules on detention of the person concerned, in particular concerning the grounds and the duration of the detention;

 

 to ensure that allegations of non-respect for fundamental rights in relation to the screening, including in relation to access to the asylum procedure and non-compliance with the principle of non-refoulement, are dealt with effectively and without undue delay.

 

Amendment  104

 

Proposal for a regulation

Article 7 – paragraph 2 – subparagraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

The mechanism shall monitor compliance with Union and international law, including the Charter, during border surveillance and the screening procedure, including in relation to:

 

a) access to the asylum procedure;

 

b) the principle of non-refoulement;

 

c) the best interest of the child;

 

d) the right to health care;

 

e) reception conditions;

 

f) the relevant rules on detention of the person concerned;

 

g) the procedural safeguards applicable to the person concerned.

Amendment  105

 

Proposal for a regulation

Article 7 – paragraph 2 – subparagraph 1 b (new)

 

Text proposed by the Commission

Amendment

 

The mechanism shall ensure that allegations of non-respect for fundamental rights in all relevant activities in relation to border surveillance and the screening for all third-country nationals referred to in Article 3(1) and 3(2) are properly investigated and dealt with effectively and without undue delay, or where necessary trigger such investigations. The mechanism shall monitor the progress of such investigations.

Amendment  106

Proposal for a regulation

Article 7 – paragraph 2 – subparagraph 1 c (new)

 

Text proposed by the Commission

Amendment

 

The independent monitoring mechanism shall issue recommendations to Member States.

Amendment  107

 

Proposal for a regulation

Article 7 – paragraph 2 – subparagraph 2

 

Text proposed by the Commission

Amendment

Member States shall put in place adequate safeguards to guarantee the independence of the mechanism.

Member States shall put in place adequate safeguards to guarantee the independence of the mechanism, in line with criteria recognised under relevant international human rights law and standards.

 

 

Amendment  108

 

Proposal for a regulation

Article 7 – paragraph 2 – subparagraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

Member States shall involve national human rights institutions, national ombudspersons and international organisations in the management and operation of the mechanism. They may also involve relevant non-governmental organisations. Insofar as one or more of those institutions or organisations are not directly involved in the mechanism, the bodies responsible for the monitoring mechanism shall establish and maintain close links with them. The bodies responsible for the mechanism shall establish and maintain close links with the national data protection authorities and the European Data Protection Supervisor.

Amendment  109

 

Proposal for a regulation

Article 7 – paragraph 2 – subparagraph 2 b (new)

 

Text proposed by the Commission

Amendment

 

Member States shall provide bodies responsible for the mechanism with access to all relevant locations, including reception and detention facilities, individuals and documents, insofar as such access is necessary to allow the bodies responsible for the mechanism to fulfil the obligations set out in this Article. Where information gathered on an individual case suggests that a criminal offence has been committed, that information shall be handed over to the national prosecuting authorities or national prosecution services.

Amendment  110

 

Proposal for a regulation

Article 7 – paragraph 2 – subparagraph 3

 

Text proposed by the Commission

Amendment

The Fundamental Rights Agency shall issue general guidance for Member States on the setting up of such mechanism and its independent functioning. Furthermore, Member States may request the Fundamental Rights Agency to support them in developing their national monitoring mechanism, including the safeguards for independence of such mechanisms, as well as the monitoring methodology and appropriate training schemes.

The FRA shall issue general guidance for Member States on the establishment of a monitoring mechanism and its independent functioning. Furthermore, Member States may request the FRA to support them in developing their national monitoring mechanism, including the safeguards for independence of such mechanisms, as well as the monitoring methodology and appropriate training schemes.

Amendment  111

Proposal for a regulation

Article 7 – paragraph 2 – subparagraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

The work of the independent monitoring mechanisms shall contribute to the assessment of the effective application and implementation of the Charter according to Article 15(1) and Annex III of Regulation (EU) 2021/1060 of the European Parliament and of the Council1a [Common Provisions Regulation].

 

______________

 

1a Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159).

Amendment  112

 

Proposal for a regulation

Article 7 – paragraph 2 – subparagraph 4

 

Text proposed by the Commission

Amendment

Member States may invite relevant national, international and non-governmental organisations and bodies to participate in the monitoring.

deleted

Amendment  113

 

Proposal for a regulation

Article 7 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. The mechanism referred to above shall be without prejudice to the monitoring mechanism for the purpose of monitoring the operational and technical application of the CEAS as set out in Article 14 of Regulation (EU) 2021/2303 [EU Asylum Agency Regulation] and to the role of the fundamental rights monitors in monitoring respect for fundamental rights in all activities of the European Border and Coast Guard Agency as set out in Article 80 of Regulation (EU) 2019/1896 [European Border and Coast Guard Regulation].

Amendment  114

 

Proposal for a regulation

Article 8 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

1. Third-country nationals subject to the screening shall be succinctly informed about the purpose and the modalities of the screening:

1. Member States shall inform third-country nationals subject to the screening about the purpose, duration and the modalities of the screening, including:

Amendment  115

 

Proposal for a regulation

Article 8 – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

(a) the steps and modalities of the screening as well as possible outcomes of the screening;

(a) the steps of the screening as well as possible outcomes of the screening;

Amendment  116

 

Proposal for a regulation

Article 8 – paragraph 1 – point a a (new)

 

Text proposed by the Commission

Amendment

 

(aa) the right to apply for international protection, in particular in the circumstances specified in Article 30 of Regulation (EU) xxxx/202x [Asylum Procedure Regulation];

Amendment  117

 

Proposal for a regulation

Article 8 – paragraph 1 – point b

 

Text proposed by the Commission

Amendment

(b) the rights and obligations of third country nationals during the screening, including the obligation on them to remain in the designated facilities during the screening.

(b) the rights and obligations of third-country nationals during the screening, including the obligation on them to remain in the designated facilities during the screening and the possibility to contact and be contacted by the organisations and persons referred to in Article 6(6a) of this Regulation;

Amendment  118

 

Proposal for a regulation

Article 8 – paragraph 1 – point b a (new)

 

Text proposed by the Commission

Amendment

 

(ba) the rights referred to in Article 13 of Regulation (EU) 2016/679[GDPR], in Article 13 of Directive (EU) 2016/680 [Police Directive] and in Article 15 of Regulation (EU) 2018/1725.

Amendment  119

 

Proposal for a regulation

Article 8 – paragraph 2 – introductory part

 

Text proposed by the Commission

Amendment

2. During the screening, they shall also, as appropriate, receive information on:

2. Member States shall also, as appropriate, provide information on:

Amendment  120

 

Proposal for a regulation

Article 8 – paragraph 2 – point a

 

Text proposed by the Commission

Amendment

(a) the applicable rules on the conditions of entry for third-country nationals in accordance with Regulation (No) 2016/399 [Schengen Border Code], as well as on other conditions of entry, stay and residence of the Member State concerned, to the extent this information has not been given already;

(a) to the extent this information has not been given already, the applicable rules on the conditions of entry for third-country nationals in accordance with Regulation (EU) 2016/399 [Schengen Borders Code], as well as on other conditions of entry, stay and residence of the Member State concerned;

Amendment  121

 

Proposal for a regulation

Article 8 – paragraph 2 – point b

 

Text proposed by the Commission

Amendment

(b) where they have applied, or there are indications that they wish to apply, for international protection, information on the obligation to apply for international protection in the Member State of first entry or legal stay set out in Article [9(1) and (2)] of Regulation (EU) No XXX/XXX [ex-Dublin Regulation], the consequences of non-compliance set out in Article [10(1)] of that Regulation, and the information set out in Article 11 of that Regulation as well as on the procedures that follow the making of an application for international protection;

(b) where they have applied, or there are indications that they wish to apply, for international protection, information on the obligations laid down for those seeking international protection in Regulation (EU) No XXX/XXX [Asylum and Migration Management Regulation], the consequences of non-compliance as well as on the procedures that follow the making of an application for international protection;

Amendment  122

 

Proposal for a regulation

Article 8 – paragraph 2 – point c

 

Text proposed by the Commission

Amendment

(c) the obligation for illegally staying third-country nationals to return in accordance with Directive XXXXX [Return Directive];

(c) where it becomes apparent during the screening that the third-country national concerned does not fulfil the entry conditions set out in Article 6 of Regulation (EU) 2016/399 [Schengen Borders Code], the obligation to return in accordance with Directive XXXXX [Return Directive] and the possibilities to enrol in a programme providing logistical, financial and other material or in-kind assistance for the purpose of supporting voluntary departure;

Amendment  123

 

Proposal for a regulation

Article 8 – paragraph 2 – point d

 

Text proposed by the Commission

Amendment

(d) the possibilities to enrol in a programme providing logistical, financial and other material or in-kind assistance for the purpose of supporting voluntary departure;

deleted

Amendment  124

 

Proposal for a regulation

Article 8 – paragraph 2 – point f

 

Text proposed by the Commission

Amendment

(f) the information referred to in Article 13 of the Regulation (EU) 2016/67935 [GDPR].

deleted

__________________

 

35 Regulation (EU) 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), OJ L 119, 4.5.2016

 

Amendment  125

 

Proposal for a regulation

Article 8 – paragraph 3

 

Text proposed by the Commission

Amendment

3. The information provided during the screening shall be given in a language which the third-country national understands or is reasonably supposed to understand. The information shall be given in writing and, in exceptional circumstances, where necessary, orally using interpretation services. It shall be provided in an appropriate manner taking into account the age and the gender of the person.

3. The information provided during the screening shall be given in a language which the third-country national understands. The information shall be given in writing in a concise and easily accessible format, using clear and plain language and, where necessary, orally using interpretation services. It shall be provided in an appropriate manner taking into account the age and the gender of the person and in cases of unaccompanied minors in the presence of the representative as referred to in Article 9a.

 

For those third-country nationals seeking international protection, that information may be provided at the same time as the information as laid down in Article 8(2) of Regulation (EU) xxxx/xxxx [Asylum Procedure Regulation].

 

The responsible authorities shall make the necessary arrangements for interpretation services and, where necessary and appropriate, for cultural mediation services to be available to facilitate access to the procedure for international protection.

Amendment  126

 

Proposal for a regulation

Article 9 – title

 

Text proposed by the Commission

Amendment

Health checks and vulnerabilities

Health and vulnerability checks

Amendment  127

 

Proposal for a regulation

Article 9 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Third-country nationals submitted to the screening referred to in Article 3 shall be subject to a preliminary medical examination with a view to identifying any needs for immediate care or isolation on public health grounds, unless, based on the circumstances concerning the general state of the individual third-country nationals concerned and the grounds for directing them to the screening, the relevant competent authorities are satisfied that no preliminary medical screening is necessary. In that case, they shall inform those persons accordingly.

1. All third-country nationals submitted to the screening referred to in Article 3 shall be subject to a preliminary medical examination by qualified medical professionals with a view to identifying any needs for immediate or long-term care or isolation on public health grounds.

Amendment  128

 

Proposal for a regulation

Article 9 – paragraph 1 – subparagraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

Without prejudice to the obligations on Member States laid down in Article 23 of Regulation (EU) xxxx/xxxx [Asylum Procedure Regulation], for those third-country nationals seeking international protection, the health check referred to in the first subparagraph of this Article may form part of the medical examination laid down in Article 23 of Regulation (EU) xxxx/xxxx [Asylum Procedure Regulation].

Amendment  129

 

Proposal for a regulation

Article 9 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Where relevant, it shall be checked whether persons referred to in paragraph 1 are in a vulnerable situation, victims of torture or have special reception or procedural needs within the meaning of Article 20 of the [recast] Reception Conditions Directive.

2. In addition, Member States shall ensure that qualified professionals assess whether persons submitted to the screening referred to in Article 3 are in a vulnerable situation, are victims of torture or other inhuman or degrading treatment, are stateless persons or at risk of becoming stateless persons, or have special reception or procedural needs within the meaning of Article 21 of Directive (EU) xxxx/xxxx [Reception Conditions Directive] and Article 20 of Regulation (EU) xxxx/xxxx [Asylum Procedure Regulation].

Amendment  130

 

Proposal for a regulation

Article 9 – paragraph 3

 

Text proposed by the Commission

Amendment

3. Where there are indications of vulnerabilities or special reception or procedural needs, the third-country national concerned shall receive timely and adequate support in view of their physical and mental health. In the case of minors, support shall be given by personnel trained and qualified to deal with minors, and in cooperation with child protection authorities.

3. Where there are indications of vulnerabilities or special reception or procedural needs, the third-country national concerned shall receive timely and adequate support in view of their physical and mental health in adequate facilities in the Member State. Where a person claims not to have any nationality or when there are reasonable grounds to believe such person may be a stateless person, this shall be clearly registered. In the case of minors, support shall be given in a child-friendly manner by personnel properly trained and qualified to deal with minors, and in cooperation with child protection authorities.

Amendment  131

 

Proposal for a regulation

Article 9 – paragraph 4

 

Text proposed by the Commission

Amendment

4. Where it is deemed necessary based on the circumstances, third-country nationals submitted to the screening referred to in Article 5 shall be subject to a preliminary medical examination, notably to identify any medical condition requiring immediate care, special assistance or isolation.

deleted

Amendment  132

 

Proposal for a regulation

Article 9 – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

4a. Without prejudice to the assessment of special reception needs required under Directive XXXX/XXX [Reception Conditions Directive], the assessment of special procedural needs required under Regulation XXXX/XXX [Asylum Procedures Regulation], and the vulnerability check required under Directive XXX/XXX [Return Directive], the vulnerability assessment referred to in the second and third paragraphs of this Article may form part of the vulnerability and special procedural assessments laid down in those legislative acts.

Amendment  133

 

Proposal for a regulation

Article 9 a (new)

 

Text proposed by the Commission

Amendment

 

Article 9a

 

Guarantees for minors

 

1.  During the screening procedure, the best interests of the child shall always be a primary consideration in accordance with Article 24(2) of the Charter.

 

2.  Member States shall, as soon as possible, take measures to ensure that a representative represents and assists the unaccompanied minor during the screening. Where applicable, this representative shall be the same as the representative to be appointed in accordance with Article 23 of Directive (EU) XXX/XXX [Reception Conditions Directive]. The unaccompanied minor shall be informed immediately of the appointment of the representative. Such representatives shall perform their duties in accordance with the principle of the best interests of the child and shall have the necessary expertise to that end. In order to ensure the well-being and social development of the minor, the person acting as representative shall be changed only when necessary. Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be eligible to become representatives.

 

3.  Member States shall place a representative in charge of a proportionate and limited number of unaccompanied minors and, under normal circumstances, of no more than thirty at the same time to ensure that such representatives are able to perform their tasks effectively.

Amendment  134

 

Proposal for a regulation

Article 10 – title

 

Text proposed by the Commission

Amendment

Identification

Verification of identity or identification

Amendment  135

 

Proposal for a regulation

Article 10 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

1. To the extent it has not yet occurred during the application of Article 8 of Regulation (EU) 2016/399, the identity of third-country nationals submitted to the screening pursuant to Article 3 or Article 5 shall be verified or established, by using in particular the following, in combination with national and European databases:

1. To the extent it has not yet occurred during the application of Article 8 of Regulation (EU) 2016/399 [Schengen Borders Code], the identity of third-country nationals submitted to the screening pursuant to Article 3 of this Regulation shall be verified or established, by using, where applicable, the following:

Amendment  136

 

Proposal for a regulation

Article 10 – paragraph 1 – point b

 

Text proposed by the Commission

Amendment

(b) data or information provided by or obtained from the third-country national concerned; and

(b) data or information provided by the third-country national concerned; and

Amendment  137

 

Proposal for a regulation

Article 10 – paragraph 2

 

Text proposed by the Commission

Amendment

2. For the purpose of the identification referred to in paragraph 1, the competent authorities shall query any relevant national databases as well as the common identity repository (CIR) referred to in Article 17 of Regulation (EU) 2019/817. The biometric data of a third-country national taken live during the screening, as well as the identity data and, where available, travel document data shall be used to that end.

2. For the purpose of the verification or identification referred to in paragraph 1 of this Article, the designated competent authorities shall consult the CIR referred to in Article 17 of Regulation (EU) 2019/817 and the Schengen Information System (SIS). The biometric data of third-country nationals subject to the screening shall be taken once for the purpose of both verification or identification and of the registration in Eurodac of that person.

Amendment  138

 

Proposal for a regulation

Article 10 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. The consultation provided for in paragraph 2 shall be launched using the European Search Portal in accordance with Chapter II of Regulation (EU) 2019/817 and Chapter II of Regulation (EU) 2019/818.

Amendment  139

 

Proposal for a regulation

Article 10 – paragraph 3

 

Text proposed by the Commission

Amendment

3. Where the biometric data of the third-country national cannot be used or where the query with those data referred to in paragraph 2 fails, the query as referred to in paragraph 2 shall be carried out with the identity data of the third-country national, in combination with any identity, travel or other document data or with the identity data provided by that third-country national.

3. Where the biometric data of the third-country national cannot be used or where the consultation with those data fails, the consultation as referred to in paragraph 2 shall be carried out with the identity data of the third-country national, in combination with any identity, travel or other document data or with the identity data provided by that third-country national.

Amendment  140

 

Proposal for a regulation

Article 10 – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

4a. The European Border and Coast Guard Agency may support the competent authorities in the identification of third-country nationals submitted to the screening in accordance with Regulation (EU) 2019/1896.

Amendment  141

 

Proposal for a regulation

Article 11 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Third country nationals submitted to the screening pursuant to Article 3 or Article 5 shall undergo a security check to verify that they do not constitute a threat to internal security. The security check may cover both the third-country nationals and the objects in their possession. The law of the Member State concerned shall apply to any searches carried out.

1. Third-country nationals submitted to the screening pursuant to Article 3 shall undergo a security check to verify whether they might pose a threat to internal security. The security check may cover both the third-country nationals and the objects in their possession. The law of the Member State concerned shall apply to any searches carried out.

Amendment  142

 

Proposal for a regulation

Article 11 – paragraph 2

 

Text proposed by the Commission

Amendment

2. For the purpose of conducting the security check referred to in paragraph 1, and to the extent that they have not yet done so in accordance with Article 8(3), point (a)(vi), of Regulation (EU) 2016/399, the competent authorities shall query relevant national and Union databases, in particular the Schengen Information System (SIS).

2. For the purpose of conducting the security check referred to in paragraph 1, and to the extent that this has not already taken place in the context of checks performed in accordance with Article 8(3) of Regulation (EU) 2016/399 [Schengen Borders Code], the relevant Union databases, in particular the SIS, shall be consulted as provided for in Article 12. Relevant national databases in accordance with Article 8(3) of Regulation (EU) 2016/399 [Schengen Borders Code] may also be consulted for this purpose.

Amendment  143

 

Proposal for a regulation

Article 11 – paragraph 3

 

Text proposed by the Commission

Amendment

3. To the extent it has not been already done during the checks referred to in Article 8 of Regulation (EU) 2016/399, the competent authority shall query the Entry/Exit System (EES), the European Travel Information and Authorisation System (ETIAS), including the ETIAS watch list referred to in Article 29 of Regulation (EU) 2018/1240, the Visa Information System (VIS), the ECRIS-TCN system as far as convictions related to terrorist offences and other forms of serious criminal offences are concerned, the Europol data processed for the purpose referred to in Article 18(2), point (a), of Regulation (EU) 2016/794, and the Interpol Travel Documents Associated with Notices database (Interpol TDAWN) with the data referred to in Article 10(1) and using at least the data referred to under point (c) thereof.

deleted

Amendment  144

 

Proposal for a regulation

Article 11 – paragraph 4

 

Text proposed by the Commission

Amendment

4. As regards the consultation of EES, ETIAS and VIS pursuant to paragraph 3, the retrieved data shall be limited to indicating refusals of a travel authorisation, refusals of entry, or decisions to refuse, annul or revoke a visa or residence permit, which are based on security grounds.

4. As regards the consultation of EES, ETIAS and VIS pursuant to paragraph 2, the retrieved data shall be limited to indicating refusals of a travel authorisation, refusals of entry, or decisions to refuse, annul or revoke a visa or residence permit, which are based on security grounds.

Amendment  145

 

Proposal for a regulation

Article 11 – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

4a. As regards the consultation of the ECRIS-TCN system, the data retrieved shall be limited to convictions related to terrorist offences and other forms of serious criminal offences referred to in Article 5(1)(c) of Regulation (EU) 2019/816.

Amendment  146

 

Proposal for a regulation

Article 11 – paragraph 4 b (new)

 

Text proposed by the Commission

Amendment

 

4b. Any consultation of Interpol databases for the purposes of paragraph 1 shall be performed only when it is ensured that no information is revealed to the owner of the Interpol alert. Where it is not possible to perform such consultations in a way that no information is revealed to the owner of the Interpol alert, the screening shall not include the consultation of the Interpol databases.

Amendment  147

 

Proposal for a regulation

Article 12 – title

 

Text proposed by the Commission

Amendment

Modalities for security checks

Modalities for the consultation of databases for security purposes

Amendment  148

 

Proposal for a regulation

Article 12 – paragraph 1

 

Text proposed by the Commission

Amendment

1. The queries provided for in Article 10(2) and in Article 11(2) may be launched using, for queries related to EU information systems and the CIR, the European Search Portal in accordance with Chapter II of Regulation (EU) 2019/817 and with Chapter II of Regulation (EU) 2019/81836 .

1. The consultation provided for in Article 11(2) of this Regulation shall be launched using, for consultations related to Union information systems and the CIR, the European Search Portal in accordance with Chapter II of Regulation (EU) 2019/817 and with Chapter II of Regulation (EU) 2019/81836 .

__________________

__________________

36 Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration, OJ L 135, 22.5.2019, p. 85.

36 Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration, OJ L 135, 22.5.2019, p. 85.

Amendment  149

 

Proposal for a regulation

Article 12 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Where a match is obtained following a query as provided for in Article 11(3) against data in one of the information systems, the competent authority shall have access to consult the file corresponding to that match in the respective information system in order to determine the risk to internal security as referred to in Article 11(1).

2. Where a hit is obtained following a consultation as provided for in Article 11(2), the authorities responsible in accordance with relevant Union law provisions shall provide the competent authority with detailed information on the grounds for the decisions recorded in the systems which triggered a hit or, pursuant to paragraphs 2b or 2c, an opinion on the threat to internal security as referred to in Article 11(1).

Amendment  150

 

Proposal for a regulation

Article 12 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. When a hit is obtained following a consultation of the SIS, the competent authorities shall carry out the procedures set out in Regulations (EU) 2018/1860, Regulation (EU) 2018/1861 or Regulation (EU) 2018/1862 including the consultation of the alert issuing Member State through the SIRENE Bureaux.

Amendment  151

 

Proposal for a regulation

Article 12 – paragraph 2 b (new)

 

Text proposed by the Commission

Amendment

 

2b. Where the consultation provided for in Article 11(2) of this Regulation reports a hit against ECRIS-TCN, the central authority of the Member State holding criminal records information on the third-country national concerned shall be notified of a request for an opinion in accordance with Article 7a of Regulation (EU) 2019/816. National criminal records shall be consulted prior to the delivery of that opinion.

Amendment  152

 

Proposal for a regulation

Article 12 – paragraph 2 c (new)

 

Text proposed by the Commission

Amendment

 

2c. When a hit is obtained in the ETIAS watchlist, the provisions of Article 35a of Regulation (EU) 2018/1240 shall apply.

Amendment  153

 

Proposal for a regulation

Article 12 – paragraph 3

 

Text proposed by the Commission

Amendment

3. Where a query as provided for in Article 11(3) reports a match against Europol data, the competent authority of the Member State shall inform Europol in order to take, if needed, any appropriate follow-up action in accordance with the relevant legislation.

3. Where a consultation as provided for in Article 11(2) reports a hit against Europol data, an automated notification, containing the data used for the consultation, shall be sent to Europol.

Amendment  154

 

Proposal for a regulation

Article 12 – paragraph 4

 

Text proposed by the Commission

Amendment

4. Where a query as provided for in Article 11(3) reports a match against the Interpol Travel Documents Associated with Notices database (Interpol TDAWN), the competent authority of the Member State shall inform the Interpol National Central Bureau of the Member State that launched the query in order to take, if needed, any appropriate follow-up action in accordance with the relevant legislation.

deleted

Amendment  155

 

Proposal for a regulation

Article 12 – paragraph 5

 

Text proposed by the Commission

Amendment

5. The Commission shall adopt implementing acts to specify the procedure for cooperation between the authorities responsible for carrying out the screening, Interpol National Central Bureaux, Europol national unit, and ECRIS-TCN central authorities, respectively, to determine the risk to internal security. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).

5. The Commission shall adopt delegated acts in accordance with Article 14a in order to specify the procedure for cooperation between the authorities responsible for carrying out the screening and other competent authorities to verify whether a person might pose a threat to internal security.

Amendment  156

 

Proposal for a regulation

Article 13 – title

 

Text proposed by the Commission

Amendment

De-briefing form

Screening form

Amendment  157

 

Proposal for a regulation

Article 13 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

On completion of the screening, the competent authorities shall, with regard to the persons referred to in Article 3 and in Article 5, complete the form in Annex I containing:

To complete the screening, the competent authorities shall, with regard to the persons referred to in Article 3 complete the form set out in Annex I containing the following information:

Amendment  158

 

Proposal for a regulation

Article 13 – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

(a) name, date and place of birth and sex;

(a) name, date and place of birth and gender;

Amendment  159

 

Proposal for a regulation

Article 13 – paragraph 1 – point b

 

Text proposed by the Commission

Amendment

(b) initial indication of nationalities, countries of residence prior to arrival and languages spoken;

(b) their initial indication of nationalities or statelessness, countries of residence prior to arrival and languages spoken;

Amendment  160

 

Proposal for a regulation

Article 13 – paragraph 1 – point c

 

Text proposed by the Commission

Amendment

(c) reason for unauthorised arrival, entry, and, where appropriate illegal stay or residence, including information on whether the person made an application for international protection;

(c) the reason for which the screening was performed as referred to in Article 3(1) and (2);

Amendment  161

 

Proposal for a regulation

Article 13 – paragraph 1 – point c a (new)

 

Text proposed by the Commission

Amendment

 

(ca) relevant information on the preliminary medical examination carried out in accordance with Article 9(1);

Amendment  162

 

Proposal for a regulation

Article 13 – paragraph 1 – point c b (new)

 

Text proposed by the Commission

Amendment

 

(cb) relevant information on the preliminary vulnerability assessment carried out in accordance with Article 9(2), in particular any vulnerability or special reception or procedural needs identified;

Amendment  163

 

Proposal for a regulation

Article 13 – paragraph 1 – point c c (new)

 

Text proposed by the Commission

Amendment

 

(cc) information as to whether the third-country national has applied for international protection;

Amendment  164

 

Proposal for a regulation

Article 13 – paragraph 1 – point c d (new)

 

Text proposed by the Commission

Amendment

 

(cd) information as to whether the third-country national has family members or close adult relatives located on the territory of the Member States;

Amendment  165

 

Proposal for a regulation

Article 13 – paragraph 1 – point c e (new)

 

Text proposed by the Commission

Amendment

 

(ce) whether the consultation of relevant databases for security purposes in accordance with Article 11 resulted in a hit or no hit.

Amendment  166

 

Proposal for a regulation

Article 13 – paragraph 1 – point d

 

Text proposed by the Commission

Amendment

(d) information obtained on routes travelled, including the point of departure, the places of previous residence, the third countries of transit and those where protection may have been sought or granted as well as the intended destination within the Union;

deleted

Amendment  167

 

Proposal for a regulation

Article 13 – paragraph 1 – point e

 

Text proposed by the Commission

Amendment

(e) information on assistance provided by a person or a criminal organisation in relation to unauthorised crossing of the border, and any related information in cases of suspected smuggling.

deleted

Amendment  168

 

Proposal for a regulation

Article 13 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

Where such information is available, the form shall include:

 

(a)  the reason for irregular arrival or entry;

 

(b)  information obtained on routes travelled, including the point of departure, the places of previous residence, the third countries of transit and those where international protection may have been sought or granted as well as the intended destination within the Union.

Amendment  169

 

Proposal for a regulation

Article 13 – paragraph 1 b (new)

 

Text proposed by the Commission

Amendment

 

The information in the screening form shall be recorded in such a way that it is amenable to administrative and judicial review during any subsequent asylum or return procedure.

Amendment  170

 

Proposal for a regulation

Article 13 – paragraph 1 c (new)

 

Text proposed by the Commission

Amendment

 

The person concerned shall be provided with a copy of the form before it is transmitted to the relevant authorities as referred to in Article 14, paragraphs 1, 2 and 3. The person subject to the screening shall have the possibility to indicate that the information contained in the form is incorrect. Any such indication shall be included under the relevant information as referred to in this Article.

Amendment  171

 

Proposal for a regulation

Article 14 – title

 

Text proposed by the Commission

Amendment

Outcome of the screening

Completion of the screening

Amendment  172

 

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 1 – introductory part

 

Text proposed by the Commission

Amendment

The third country nationals referred to in Article 3(1) point (a) and (b) of this Regulation who

Once the screening is completed, or when the period for carrying out the screening in accordance with Article 6(6b) or (6c) ends, third-country nationals referred to in Article 3(1) point (a) and (b) of this Regulation who:

Amendment  173

 

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 1 – indent 1

 

Text proposed by the Commission

Amendment

 have not applied for international protection and

 have not expressed a wish to make an application for international protection and

Amendment  174

 

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

shall be referred to the competent authorities to apply procedures respecting Directive (EU) 2008/115/EC (Return Directive).

shall be referred to the competent authorities to apply procedures in accordance with Directive (EU) 2008/115/EC [Return Directive], without prejudice to the application of Article 6(5) of Regulation (EU) 2016/399 [Schengen Borders Code].

Amendment  175

 

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 2

 

Text proposed by the Commission

Amendment

In cases not related to search and rescue operations, entry may be refused in accordance with Article 14 of Regulation 2016/399.

deleted

Amendment  176

 

Proposal for a regulation

Article 14 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Third-country nationals who made an application for international protection shall be referred to the authorities referred to in Article XY of Regulation (EU) No XXX/XXX [Asylum Procedure Regulation], together with the form referred to in Article 13 of this Regulation. On that occasion, the authorities conducting the screening shall point in the de-briefing form to any elements which seem at first sight to be relevant to refer the third-country nationals concerned into the accelerated examination procedure or the border procedure.

2. Third-country nationals who make, have made, or express the wish to make an application for international protection shall be referred to the determining authorities referred to in Article [5] of Regulation (EU) No XXX/XXX [Asylum Procedure Regulation], together with the form referred to in Article 13 of this Regulation.

Amendment  177

 

Proposal for a regulation

Article 14 – paragraph 4

 

Text proposed by the Commission

Amendment

4. The third-country nationals referred to in Article 5, who

deleted

 have not applied for international protection and

 

 with regard to whom the screening has not revealed that they fulfil the conditions for entry and stay

 

shall be subject to return procedures respecting Directive 2008/115/EC.

 

Amendment  178

 

Proposal for a regulation

Article 14 – paragraph 5

 

Text proposed by the Commission

Amendment

5. Where third-country nationals submitted to the screening in accordance with Article 5 make an application for international protection as referred to in Article 25 of Regulation (EU) No XXX/XXX (Asylum Procedures Regulation), paragraph 2 of this Article shall apply accordingly.

deleted

Amendment  179

 

Proposal for a regulation

Article 14 – paragraph 6

 

Text proposed by the Commission

Amendment

6. In respect of third-country nationals to whom Regulation EU No XXX/XXX [Eurodac Regulation] applies, the competent authorities shall take the biometric data referred to in Articles [10, 13, 14 and 14a] of that Regulation (EU) and shall transmit it in accordance with that Regulation.

deleted

Amendment  180

 

Proposal for a regulation

Article 14 – paragraph 6 a (new)

 

Text proposed by the Commission

Amendment

 

6a. In order to be in a position to effectively exercise the rights referred to in Article 13 of Regulation (EU) 2016/679 [GDPR], in Article 13 of Directive (EU) 2016/680 [Police Directive] and in Article 15 of Regulation (EU) 2018/1725, in particular the right to request from the data controller access to and rectification or erasure of personal data and the right to lodge a complaint with a supervisory authority, the person concerned shall be provided with a copy of the form before it is transmitted to the relevant authorities as referred to in paragraphs 1, 2 and 3 of this Article. In the case of minors the copy of the form shall be provided to the adult or adults responsible for the child. In the case of unaccompanied minors, the form shall be provided to the representative of the child in accordance with Article 9a.

Amendment  181

 

Proposal for a regulation

Article 14 – paragraph 7

 

Text proposed by the Commission

Amendment

7. Where the third country nationals referred to in Article(s) 3(1) and Article 5 are referred to an appropriate procedure regarding asylum or return, the screening ends. Where not all the checks have been completed within the deadlines referred to in Article 6(3) and (5), the screening shall nevertheless end with regard to that person, who shall be referred to a relevant procedure.

7. Where the third-country nationals referred to in Article 3(1) and (2) of this Regulation are referred to an appropriate procedure regarding asylum, relocation or return, the screening ends. Where not all the checks have been completed within the deadlines referred to in Article 6(6b) or (6c), the screening shall nevertheless end with regard to that person, who shall be referred to a relevant procedure. Where it becomes apparent during the screening that the third-country national concerned fulfils the entry conditions set out in Article 6 of Regulation (EU) 2016/399 [Schengen Borders Code], the screening shall end.

Amendment  182

 

Proposal for a regulation

Article 14 – paragraph 7 a (new)

 

Text proposed by the Commission

Amendment

 

7a. Persons identified as stateless persons or at risk of becoming stateless persons during the screening shall be referred to the competent authorities, which shall determine whether the individual is a stateless person and shall offer adequate protection, in accordance with national law.

Amendment  183

 

Proposal for a regulation

Article 14 – paragraph 7 b (new)

 

Text proposed by the Commission

Amendment

 

7b. The Member State carrying out the screening procedure shall ensure that all personal data collected in the context of that procedure, in particular personal data included in the screening form, is deleted at the latest when:

 

(i) a final decision has been taken on the application for international protection, including any and all levels of appeal;

 

(ii) a final decision has been taken in respect of the return procedure, including any and all levels of appeal; or

 

(iii) the person has been granted entry into the Member State concerned under Article 6 of Regulation (EU) 2016/299 [Schengen Borders Code].

Amendment  184

 

Proposal for a regulation

Article 14 a (new)

 

Text proposed by the Commission

Amendment

 

Article 14a

 

Exercise of the delegation

 

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

 

2.  The power to adopt delegated acts referred to in Article 12(5) shall be conferred on the Commission for a period of three years from ... [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the three-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

 

3.  The delegation of power referred to in Article 12(5) 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