What changed between the plenary report and the adopted text

Removed:Recital 3: (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 subseque…

Added:(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2024/1356.)

Removed:Recital 4: (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.

Removed:Recital 4 a (new): (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.

Removed:Recital 5: (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.

Removed:Recital 6: (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.

Removed:Recital 7: (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.

Removed:Recital 8: (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.

Removed:Recital 9: (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.

Removed:Recital 10: deleted

Removed:Recital 11: (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].

Removed:Recital 12: (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.

Removed:Recital 12 a (new): (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.

Removed:Recital 13: (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.

Removed:Recital 14 a (new): (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.

Removed:Recital 15: (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.

Removed:Recital 16: (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.

Removed:Recital 17: (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.

Removed:Recital 18: deleted

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

Removed:Recital 19 a (new): (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.

Removed:Recital 20: deleted / (deleted)

Removed:Recital 21: (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. / 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).

Removed:Recital 21 a (new): (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].

Removed:Recital 22: (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.

Removed:Recital 23: (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].

Removed:Recital 23 a (new): (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.

Removed:Recital 23 b (new): (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 Asyl…

Removed:Recital 23 c (new): (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.

Removed:Recital 23 d (new): (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.

Removed:Recital 24: (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.

Removed:Recital 24 a (new): (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.

Removed:Recital 24 b (new): (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.

Removed:Recital 24 c (new): (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…

Removed:Recital 25: deleted

Removed:Recital 26: (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.

Removed:Recital 26 a (new): (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.

Removed:Recital 27: (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.

Removed:Recital 28: (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.

Removed:Recital 29: (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 an…

Removed:Recital 30: (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.

Removed:Recital 32: (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.

Removed:Recital 33: (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.

Removed:Recital 34: (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.

Removed:Recital 35: deleted

Removed:Recital 36: (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.

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

Removed:Recital 40: (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.

Removed:Recital 41: (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.

Removed:Recital 42: (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…

Removed:Recital 44: (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.

Removed:Recital 44a (new): (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.

Removed:Recital 45: (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.

Removed:Article 1 – title: Subject matter

Removed:Article 1 – paragraph 1: 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.

Removed:Article 1 – paragraph 2: deleted

Removed:Article 1 – paragraph 3: 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.

Removed:Article 1 – paragraph 4: deleted

Removed:Article 1 – paragraph 4a (new): 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.

Removed:Article 1 a (new): 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.

Removed:Article 2 – paragraph 1 – point 1: deleted

Removed:Article 2 – paragraph 1 – point 5 a (new): 5a. ‘biometric data’ means fingerprint data and facial image data, as defined in Article 3, point (p), of Regulation (EU) xxxx/202x [Eurodac Regulation];

Removed:Article 2 – paragraph 1 – point 5 b (new): 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;

Removed:Article 2 – paragraph 1 – point 5 c (new): 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;

Removed:Article 2 – paragraph 1 – point 5 d (new): 5d. ‘minor’ means a third-country national or stateless person below the age of 18 years;

Removed:Article 2 – paragraph 1 – point 5 e (new): 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;

Removed:Article 2 – paragraph 1 – point 5 f (new): 5f. ‘detention’ means confinement of a person by a Member State within a particular place, where such person is deprived of freedom of movement.

Removed:Article 3 – title: Scope

Removed:Article 3 – paragraph 1 – introductory part: 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:

Removed:Article 3 – paragraph 1 – point a: (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

Removed:Article 3 – paragraph 1 – point b: (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].

Removed:Article 3 – paragraph 1 – subparagraph 1: deleted

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

Removed:Article 4 – title: Entry into the territory of a Member State

Removed:Article 4 – paragraph 1: 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.

Removed:Article 4 – paragraph 2: deleted

Removed:Article 4 – paragraph 2 a (new): 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.

Removed:Article 5: deleted / (deleted) / (deleted)

Removed:Article 6 – paragraph 1: deleted

Removed:Article 6 – paragraph 2: deleted

Removed:Article 6 – paragraph 3: deleted / (deleted)

Removed:Article 6 – paragraph 4: deleted

Removed:Article 6 – paragraph 5: deleted

Removed:Article 6 – paragraph 6 – point a: (a) a preliminary health check as referred to in Article 9;

Removed:Article 6 – paragraph 6 – point a a (new): (aa) a preliminary vulnerability check as referred to in Article 9;

Removed:Article 6 – paragraph 6 – point b: (b) identification or verification of identity as referred to in Article 10;

Removed:Article 6 – paragraph 6 – point c: (c) registration of biometric data in accordance with Articles 10, 13 and 14a of Regulation (EU) xxxx/xxxx [Eurodac Regulation];

Removed:Article 6 – paragraph 6 – point d: (d) a security check as referred to in Article 11;

Removed:Article 6 – paragraph 6 – point e: (e) the filling out of a screening form as referred to in Article 13;

Removed:Article 6 – paragraph 6 – subparagraph 1 a (new): 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.

Removed:Article 6 – paragraph 6 a (new): 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.

Removed:Article 6 – paragraph 6 b (new): 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.

Removed:Article 6 – paragraph 6 c (new): 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.

Removed:Article 6 – paragraph 6 d (new): 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.

Removed:Article 6 – paragraph 6 e (new): 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.

Removed:Article 6 – paragraph 6 f (new): 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.

Removed:Article 6 – paragraph 7 – subparagraph 1: 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.

Removed:Article 6 – paragraph 7 – subparagraph 2: 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.

Removed:Article 6 – paragraph 7 – subparagraph 3: 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.

Removed:Article 7 – paragraph 1: 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.

Removed:Article 7 – paragraph 2 – subparagraph 1: 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. / (deleted) / (deleted) / (deleted)

Removed:Article 7 – paragraph 2 – subparagraph 1 a (new): 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.

Removed:Article 7 – paragraph 2 – subparagraph 1 b (new): 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.

Removed:Article 7 – paragraph 2 – subparagraph 1 c (new): The independent monitoring mechanism shall issue recommendations to Member States.

Removed:Article 7 – paragraph 2 – subparagraph 2: 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.

Removed:Article 7 – paragraph 2 – subparagraph 2 a (new): 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.

Removed:Article 7 – paragraph 2 – subparagraph 2 b (new): 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.

Removed:Article 7 – paragraph 2 – subparagraph 3: 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.

Removed:Article 7 – paragraph 2 – subparagraph 3 a (new): 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).

Removed:Article 7 – paragraph 2 – subparagraph 4: deleted

Removed:Article 7 – paragraph 2 a (new): 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].

Removed:Article 8 – paragraph 1 – introductory part: 1. Member States shall inform third-country nationals subject to the screening about the purpose, duration and the modalities of the screening, including:

Removed:Article 8 – paragraph 1 – point a: (a) the steps of the screening as well as possible outcomes of the screening;

Removed:Article 8 – paragraph 1 – point a a (new): (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];

Removed:Article 8 – paragraph 1 – point b: (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;

Removed:Article 8 – paragraph 1 – point b a (new): (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.

Removed:Article 8 – paragraph 2 – introductory part: 2. Member States shall also, as appropriate, provide information on:

Removed:Article 8 – paragraph 2 – point a: (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;

Removed:Article 8 – paragraph 2 – point b: (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;

Removed:Article 8 – paragraph 2 – point c: (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;

Removed:Article 8 – paragraph 2 – point d: deleted

Removed:Article 8 – paragraph 2 – point f: deleted / (deleted)

Removed:Article 8 – paragraph 3: 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.

Removed:Article 9 – title: Health and vulnerability checks

Removed:Article 9 – paragraph 1: 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.

Removed:Article 9 – paragraph 1 – subparagraph 1 a (new): 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].

Removed:Article 9 – paragraph 2: 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].

Removed:Article 9 – paragraph 3: 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.

Removed:Article 9 – paragraph 4: deleted

Removed:Article 9 – paragraph 4 a (new): 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.

Removed:Article 9 a (new): 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.

Removed:Article 10 – title: Verification of identity or identification

Removed:Article 10 – paragraph 1 – introductory part: 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:

Removed:Article 10 – paragraph 1 – point b: (b) data or information provided by the third-country national concerned; and

Removed:Article 10 – paragraph 2: 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.

Removed:Article 10 – paragraph 2 a (new): 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.

Removed:Article 10 – paragraph 3: 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.

Removed:Article 10 – paragraph 4 a (new): 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.

Removed:Article 11 – paragraph 1: 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.

Removed:Article 11 – paragraph 2: 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.

Removed:Article 11 – paragraph 3: deleted

Removed:Article 11 – paragraph 4: 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.

Removed:Article 11 – paragraph 4 a (new): 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.

Removed:Article 11 – paragraph 4 b (new): 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.

Removed:Article 12 – title: Modalities for the consultation of databases for security purposes

Removed:Article 12 – paragraph 1: 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 .

Removed:Article 12 – paragraph 2: 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).

Removed:Article 12 – paragraph 2 a (new): 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.

Removed:Article 12 – paragraph 2 b (new): 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.

Removed:Article 12 – paragraph 2 c (new): 2c. When a hit is obtained in the ETIAS watchlist, the provisions of Article 35a of Regulation (EU) 2018/1240 shall apply.

Removed:Article 12 – paragraph 3: 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.

Removed:Article 12 – paragraph 4: deleted

Removed:Article 12 – paragraph 5: 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.

Removed:Article 13 – title: Screening form

Removed:Article 13 – paragraph 1 – introductory part: 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:

Removed:Article 13 – paragraph 1 – point a: (a) name, date and place of birth and gender;

Removed:Article 13 – paragraph 1 – point b: (b) their initial indication of nationalities or statelessness, countries of residence prior to arrival and languages spoken;

Removed:Article 13 – paragraph 1 – point c: (c) the reason for which the screening was performed as referred to in Article 3(1) and (2);

Removed:Article 13 – paragraph 1 – point c a (new): (ca) relevant information on the preliminary medical examination carried out in accordance with Article 9(1);

Removed:Article 13 – paragraph 1 – point c b (new): (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;

Removed:Article 13 – paragraph 1 – point c c (new): (cc) information as to whether the third-country national has applied for international protection;

Removed:Article 13 – paragraph 1 – point c d (new): (cd) information as to whether the third-country national has family members or close adult relatives located on the territory of the Member States;

Removed:Article 13 – paragraph 1 – point c e (new): (ce) whether the consultation of relevant databases for security purposes in accordance with Article 11 resulted in a hit or no hit.

Removed:Article 13 – paragraph 1 – point d: deleted

Removed:Article 13 – paragraph 1 – point e: deleted

Removed:Article 13 – paragraph 1 a (new): 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.

Removed:Article 13 – paragraph 1 b (new): 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.

Removed:Article 13 – paragraph 1 c (new): 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.

Removed:Article 14 – title: Completion of the screening

Removed:Article 14 – paragraph 1 – subparagraph 1 – introductory part: 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:

Removed:Article 14 – paragraph 1 – subparagraph 1 – indent 1: — have not expressed a wish to make an application for international protection and

Removed:Article 14 – paragraph 1 – subparagraph 1 – subparagraph 1: 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].

Removed:Article 14 – paragraph 1 – subparagraph 2: deleted

Removed:Article 14 – paragraph 2: 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.

Removed:Article 14 – paragraph 4: deleted / (deleted) / (deleted) / (deleted)

Removed:Article 14 – paragraph 5: deleted

Removed:Article 14 – paragraph 6: deleted

Removed:Article 14 – paragraph 6 a (new): 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.

Removed:Article 14 – paragraph 7: 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.

Removed:Article 14 – paragraph 7 a (new): 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.

Removed:Article 14 – paragraph 7 b (new): 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].

Removed:Article 14 a (new): 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 decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. / 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. / 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European P…

Removed:Regulation (EC) No 767/2008

Removed:Article 16 – paragraph 1 – point -1 (new), Article 2 – paragraph 1 – point g a (new): (-1) In Article 2, the following point is added: / "(ga) to allow for security checks in accordance with Article 11(2) of Regulation (EU) 2020/XXX [Screening Regulation].

Removed:Regulation (EC) No 767/2008

Removed:Article 16 – paragraph 1 – point 1, Article 6 – paragraph 2: 2. Access to the VIS for the purposes of consulting the data shall be reserved exclusively for the duly authorised staff of the ETIAS Central Unit, of the national authorities of each Member State, including to duly authorised staff of the ETIAS National Units, designated pursuant to Article 8 of Regulation (EU) 2018/1240 of the European Parliament and of the Council, which are competent for the purposes laid down in Articles 15 to 22, for the duly authorised staff of the national authorities of each Member States and of the Union agencies, which are competent for the purposes laid down in Articles 20, 20a and 21 of Regulation 2019/817. Such access shall be limited according to the extent that the data are required for the performance of their tasks for those purposes, and proportionate to the objectives pursued.”; / deleted

Removed:Regulation (EC) No 767/2008

Removed:Article 16 – paragraph 1 – point 1 a (new), Article 6 – paragraph 2 a (new): (1a) In Article 6, the following paragraph is inserted: / “2a. The authorities competent for the screening provided under Article 6(7) of Regulation (EU) 2020/xxxx [Screening Regulation] shall also have access to the VIS for consulting the data in order to perform a security check in accordance with Article 11(2) of that Regulation. / A search in accordance with this paragraph shall be performed by using the data referred to in Article 10(1) of Regulation (EU) 2020/xxxx [Screening Regulation] and the VIS shall return a hit where a decision to refuse, annul or revoke a visa or residence permit based on the grounds provided for in Article 12(2)(a)(v) and (vi) is recorded in a matching file. / Where a hit is obtained, the VIS shall automatically notify the authorities responsible for a decision referred to in the second subparagraph of a request to provide the authorities competent for the screening with detailed information on the grounds thereof within four days of notification of the request.

Removed:Regulation (EU) 2017/2226

Removed:Article 17 – paragraph 1 – point 1, Article 6 – paragraph 1 – point l: (l) support the objectives of the screening established by Regulation (EU) 2020/XXX of the European Parliament and of the Council [Screening Regulation], by allowing for the checks provided under Article 10 and Article 11(2) thereof. / deleted

Removed:Regulation (EU) 2017/2226

Removed:Article 17 – paragraph 1 – point 2 – point a, Article 9 – paragraph 1: 2a. The authorities competent for the screening referred to in Article 6(7) of Regulation (EU) 2020/XXX shall have access to the EES to consult the data in order to perform a security check in accordance with Article 11(2) of that Regulation. / A search in accordance with this paragraph shall be performed by using the data referred to in Article 10(1) of Regulation (EU) 2020/XXX [Screening Regulation] and the EES shall return a hit where a refusal of entry record based on the grounds provided for in point I of Part B of Annex V to Regulation (EU) 2016/399 [Schengen Borders Code] is linked to a matching (individual) file. / Where a hit is obtained, the EES shall automatically notify the authority responsible for the refusal of entry decision referred to in the second subparagraph of a request to provide the screening authorities with detailed information on the grounds for such decision within four days of the notification of that request;

Removed:Regulation (EU) 2018/1240

Removed:Article 18 – paragraph 1 – point 1, Article 4 – paragraph 1 – point a: (a) contribute to a high level of security by providing for a thorough assessment of applicants as regards the risk they may pose to internal security, prior to their arrival at external border crossing points, in order to determine whether there are factual indications or reasonable grounds based on factual indications to conclude that the presence of the person on the territory of the Member States poses a security risk, and by allowing for a security check in accordance with Article 11(2) of Regulation (EU) 2020/xxxx of the European Parliament and of the Council [Screening Regulation];” / deleted

Removed:Article 18 – paragraph 1 – point 2 – introductory part: (2) Article 13 is amended as follows:

Removed:Regulation (EU) 2018/1240

Removed:Article 18 – paragraph 1 – point 2 – point a (new), Article 13 – paragraph 4a: a) paragraph 4a is replaced by the following: / "(4a) Access to the ETIAS identity data and travel document data stored in the CIR shall also be reserved exclusively for the duly authorised staff of the national authorities of each Member State and for the duly authorised staff of the Union agencies that are competent for the purposes laid down in Article 20, Article 20a and Article 21 of Regulation (EU) 2019/817. Such access shall be limited according to the extent that the data are required for the performance of their tasks for those purposes, and proportionate to the objectives pursued.";

Removed:Regulation (EU) 2018/1240

Removed:Article 18 – paragraph 1 – point 2 – point b (new), Article 13 – paragraph 4a a (new): (b) paragraph 4a a is inserted: / (4a a) The authorities competent for the screening referred to in Article 6(7) of Regulation (EU) 2020/XXX [Screening Regulation] shall also have access to ETIAS to consult the data in order to perform a security check in accordance with Article 11(2) of that Regulation. / A search in accordance with this paragraph shall be performed by using the data referred to in Article 10(1), points (a) and (b), of Regulation (EU) 2020/XXX [Screening Regulation]and ETIAS shall return a hit where a decision refusing a travel authorisation based on point (b) of Article 37(1) is included in a matching (application) file. / Where a hit is obtained, ETIAS shall automatically notify the ETIAS National Unit of the Member State responsible for a decision referred to in the second subparagraph of a request to provide the authorities competent for the screening with detailed information on the grounds thereof within four days of notification of the request. / If the search carried out pursuant to paragraph 1 of this Article indicates that there is a correspondence between the data used for the search and the data recorded in the ETIAS watchlist referred to in Article 34 of that Regulation, the ETIAS National Unit or Europol having entered the data in the ETIAS watchlist shall be notified of the correspondence and shall be responsible for accessing the data in the ETIAS watchlist and for providing an opinion in accordance with Article 35a of that Regulation.”

Removed:Regulation (EU) 2018/1240

Removed:Article 18 – paragraph 1 – point 2, Article 13 – paragraph 5: 5. Each Member State shall designate the competent national authorities referred to in paragraphs 1, 2 and 4 of this Article, and the authorities competent for the screening referred to in Article 6(7) of Regulation (EU) 2020/XXX, and shall communicate a list of those authorities to eu-LISA without delay, in accordance with Article 87(2) of this Regulation. That list shall specify for which purpose the duly authorised staff of each authority shall have access to the data in the ETIAS Information System in accordance with paragraphs 1, 2 and 4 of this Article.”

Removed:Regulation (EU) 2018/1240

Removed:Article 18 – paragraph 1 – point 2 a (new), Article 35 a (new): (2a) the following Article is inserted: / “Article 35a / Tasks of the ETIAS National Unit and Europol regarding the ETIAS watchlist for the purpose of the screening procedure / 1. In cases referred to in the second sub-paragraph of Article13(4b), the ETIAS Central System shall send an automated notification to the ETIAS National Unit or Europol having entered the data into the ETIAS watchlist. Where the ETIAS National unit or Europol that entered the data into the watchlist consider that the third-country national undergoing the screening could pose a security risk, they shall immediately notify the respective screening authorities and provide a reasoned opinion to the Member State performing the screening, within two days of the receipt of the notification, in the following manner: / (a) the ETIAS national units shall inform the screening authorities through a secure communication mechanism, to be set up by eu-LISA, between the ETIAS National Units on the one part and the screening authorities on the other; / (b) Europol shall inform the screening authorities using the communication channels provided for in Regulation (EU) 2016/794. If no opinion is provided, it shall be considered that there is no security risk."

Removed:Regulation (EU) 2019/817

Removed:Article 19 – paragraph 1 – point 2, Article 20a – title: Access to the common identity repository for identification according to Regulation (EU) 2020/XXX [Screening Regulation]

Removed:Regulation (EU) 2019/817

Removed:Article 19 – paragraph 1 – point 2, Article 20a – paragraph 1: 1. Queries of the CIR shall be carried out by the designated competent authority as defined in Article 6(7) of Regulation (EU) 2020/XXX [Regulation on Screening], solely for the purpose of verifying the identity of a person or identifying a person according to Article 10 of that Regulation, provided that the procedure was initiated in the presence of that person.

Removed:Article 20 – paragraph 1: [18 months after entry into force, the Commission shall report on the implementation of the measures set out in this Regulation.]

Removed:Article 20 – paragraph 2: No sooner than [three] years after the date of application of this Regulation, and every five years thereafter, the Commission shall carry out an evaluation of this Regulation. The Commission shall present a Report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. Member States shall provide the Commission all information necessary for the preparation of that report, at the latest six months before the [five] years’ time limit expires.

Removed:Annex 1 – point 2: 2.Sex/gender:

Removed:Annex 1 – point 5: 5. Nationality/ies or statelessness (initial indication):

Removed:Annex 1 – point 7: 7. Reason for which the screening was performed: / deleted / deleted / deleted / deleted / deleted / deleted / deleted

Removed:Annex 1 – point 7a new: 7a. Has the person applied for international protection? / □ Yes □ No

Removed:Annex 1 – point 7b new: 7b. Are there family members or relatives located on the territory of a Member State? / □ Yes □ No / If yes, please provide details of the relevant family member(s) or relative(s) and the relevant Member State

Removed:Annex 1 – point 9: Where there is a hit / □ Possibly related to internal security / □ Unrelated to internal security

Removed:Annex 1 – point 9a (new): 9a. Was a preliminary medical examination carried out? / □ Yes □ No

Removed:Annex 1 – point 11a (new): 11a. Was a preliminary vulnerability, special reception or procedural needs check carried out? / □ Yes □ No / If yes, special reception or procedural needs identified: / □ Yes □ No / Details of vulnerability, or reception or procedural needs:

Removed:Annex 1 – point 13: deleted

Removed:Annex 1 – point 13a (new): 13a. Screened person indicated incorrect information provided in points 1 to 12: / □ Yes □ No / If yes, please provide details:

Removed:The Rapporteur will present hereafter the main reasons for the amendments presented in the 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 Regulation 2020/0278 (COD) adopted by the Commission in September 2020.

Removed:Introduction

Removed:Since the appointment of the Rapporteur on 9 November 2020, several exchanges of views took place, including meetings with the shadow Rapporteurs, as well as meetings with external stakeholders. In addition, a LIBE hearing was organised on 27 May 2021.

Removed:The Rapporteur shares the overall objective of the Commission to seek to establish quickly the identity of third country nationals, any needs for immediate health care or isolation on public health grounds, vulnerabilities, special reception or procedural needs and potential security risks and refer the persons to the appropriate procedure. The Rapporteur therefore proposes amendments to the Commission’s proposal for a Regulation, in order to create an efficient, speedy procedure, which fully respects fundamental rights and ensures legal certainty and strengthens the fundamental rights monitoring mechanism.

Removed:The Rapporteur regrets that the Commission did not produce an impact assessment for the proposals, in particular given the potential serious effects on fundamental rights of third-country nationals and the complexity of the migration and asylum system proposed in the New Pact on Migration and Asylum. The Rapporteur would like to express her gratitude to the European Parliamentary Research Service Ex-Ante Impact Assessment Unit and the respective contractors for the work on the horizontal substitute impact assessment on the New Pact on Migration and Asylum. The Rapporteur would also like to express her gratitude to the authors of the study by the European Parliament Policy Department for Citizens’ Rights and Constitutional Affairs.

Removed:Main elements of the draft report

Removed:1. The authorisation to enter the territory of a Member State

Removed:The Commission proposed that during the screening the persons subject to the screening should not be authorised to enter the territory of a Member State despite being physically present on the territory of a Member State, regardless of a potential application for international protection (legal fiction of non-entry). The Commission furthermore suggested that certain elements of the current asylum acquis should only take effect after the screening has concluded.

Removed:The Rapporteur recalls that in accordance with the existing Asylum Procedure Directive and the proposal for the Asylum Procedure Regulation, applicants for international protection have the right to remain in the Member State pending the examination of the application.

Removed:Several stakeholders pointed out that the legal fiction of non-entry would be difficult to apply, in practice, without the comprehensive use of detention or other forms of de-facto detention or deprivation of liberty. Furthermore, the substitute impact assessment concluded, the proposed indiscriminate non-entry policies make compliance with the guarantees of the Reception Conditions Directive and the Return Directive “impossible”.

Removed:Regarding the use of detention, the report introduces amendments to ensure the Reception Conditions Directive also applies mutatis mutandis to non-applicants during the screening.

Removed:2. Screening within the territory

Removed:The Commission proposal included the obligation on Member States to apply the screening also to third-country nationals found within the territory where there is no indication that they have crossed an external border in an authorised manner.

Removed:The rapporteur considers this requirement disproportionate for both the subject of the screening and the affected Member State. In addition, the substitute impact assessment concluded that Article 77(2)(b) TFEU as the legal basis proposed for the screening does not allow for the proposed measures. Therefore, the Rapporteur deletes Article 5 and all corresponding references.

Removed:3. Requirements concerning the screening

Removed:For the screening, the Commission proposed several requirements and elements for the screening, such as an obligation to conduct the screening at or in proximity to the border; to conclude the screening within five days, extendable once by five days in exceptional circumstances; health checks only in specific cases at the discretion of the competent authorities; vulnerability checks only where relevant; identity and security checks; and the provision of information.

Removed:The Rapporteur considers that Member States should not be obliged to conduct the screening at or in proximity to the external borders, but should be free to choose any appropriate location within the territory of a Member State.

Removed:In addition, to identify potential health issues, vulnerabilities or special reception or procedural needs as early as possible and to further contribute to the correct referral to a subsequent procedure, the Rapporteur introduces amendments to include health and vulnerability checks as mandatory elements of the screening. Additionally, the Rapporteur introduces a new article to ensure special guarantees for unaccompanied minors during the screening, in particular the availability of a representative. Lastly, to ensure the effective provision of information, the Rapporteur introduces amendments to strengthen the likelihood of the person concerned understanding the provided information.

Removed:4. The monitoring of fundamental rights

Removed:The Commission proposed to introduce an independent monitoring mechanism to ensure compliance with EU and international law during the screening and that Member States adopt relevant provision to investigate allegations of non-respect for fundamental rights.

Removed:The Rapporteur explicitly welcomes this proposal by the Commission as a highly relevant and beneficial addition. In order to strengthen the mechanism and to ensure its independence, the Rapporteur widens the scope of the mechanism beyond the screening procedure and introduces an obligation to involve non-governmental institutions and organisations in the mechanism. In accordance with the recommendation made by the European Data Protection Supervisor (EDPS) and due to the collection of a significant amount of data during the screening, the Rapporteur also considers that the mechanism should establish close links with the EDPS and national data protection authorities.

Removed:Moreover, the Rapporteur maintains the obligation on Member States to investigate allegations of non-respect and adds, the mechanism should be able to trigger such investigations and Member States shall provide for penalties for the failure to respect fundamental rights.

Removed:5. Outcome of the screening

Removed:In its proposal the Commission introduced a de-briefing (screening) form on completion of the screening, which includes the relevant collected data. This form should be referred to the relevant authorities responsible for the potential outcomes of the screening.

Removed:The Rapporteur considers it essential that the subject of the screening receives a copy of the screening form before the transmission to the relevant authorities. Furthermore, the Rapporteur stresses the possibility for the Member States to apply during the screening the derogations on entry conditions for third-country nationals as specified in Article 6(5)(c) of the Schengen Borders Code.

Removed:6. Access expansion to IT-databases

Removed:As part of the identity and security checks, the Commission included in its proposal the possibility to query and access rights for the competent authorities for the screening to the common identity repository (CIR), the Visa Information System (VIS), the Entry/Exit System (EES), and the European Travel Information and Authorisation System (ETIAS).

Removed:The Rapporteur agrees that to exercise the identification or verification and security checks the relevant databases should be queried, while at the same time considering issues highlighted by the horizontal impact assessment that this expansion may go “beyond the limits foreseen in relation to law enforcement access to EU migration databases”.

Removed:In short, the Rapporteur is not convinced that the provisions granting blanket access rights to the competent authorities and consultation of all proposed databases are necessary to allow for the screening to be carried out effectively. Thus, a number of those provisions have been amended while retaining access to the Common Identity Repository, which is essential to seek to identify or verify the identity of a third-country national in one go.