What changed between the plenary report and the adopted text

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