What changed between the draft committee report and the plenary report

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, an identification procedure should be carried out as part of the screening.

Added: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 29: (29) The Common Identity Repository (“CIR”) was established by Regulation (EU) 2019/817 of the European Parliament and of the Council (Interoperability Regulation)25 to facilitate and assist in the correct identification of persons registered in the Entry/Exit System (“EES”), the Visa Information System (“VIS”), the European Travel Information and Authorisation System (“ETIAS”), Eurodac and in the European Criminal Records Information System for third-country nationals (“ECRIS-TCN”), including of unknown persons who are unable to identify themselves. For that purpose, the CIR contains only the identity, travel document and biometric data recorded in EES, VIS, ETIAS, Eurodac and ECRIS-TCN, logically separated. Only the personal data strictly necessary to perform an accurate identity check is stored in the CIR. The personal data recorded in the CIR are automatically deleted where the data are deleted from the underlying systems. Consultation of the CIR enables a reliable and exhaustive verification 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.

Added: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 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 query with that data fails, the query could be carried out with identity data of the person in combination with travel document data, where such data are available. In accordance with the principles of necessity and proportionality, and where the query indicates that data on that person are stored in the CIR, Member State authorities should have access to the CIR to consult the identity data, travel document data and biometric data of that person, without the CIR providing any indication as to which EU information system the data belong to.

Added: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…

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Changed:Recital 32:30: (32)(30) GivenIn thatorder manyto verify or establish the identity of the persons submittedsubject to the screeningscreening, maya notverification haveshould anybe travelinitiated documents,in the authoritiesCIR conductingin the screeningpresence shouldof havethe accessperson toduring anythe otherscreening. relevantDuring documentsthat heldverification, bythe biometric data of the personsperson concernedshould be checked against the data contained in casesthe whereCIR. 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 personsdata are notavailable. usableIn oraccordance yieldwith nothe resultprinciples of necessity and proportionality, and where the consultation indicates that data on that person are stored in the CIR.CIR, TheMember State authorities should alsohave beaccess allowedto the CIR to useconsult datathe fromidentity thosedata, documents,travel otherdocument thandata and biometric data,data of that person, without the CIR providing any indication as to carrywhich outEU checksinformation againstsystem the relevantdata databases.belong to.

Change 23

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, in accordance with the requirements of Regulation (EU) xxxx/xxxx [Eurodac Regulation], should take place only once as part of the screening.

Added: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 34: (34) In order to ensure uniform conditions for the implementation of Articles 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.

Added: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 36: (36) As the screening concerns persons 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.

Added: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 39: (39) As regards persons subject to the screening, automated verifications for security purposes against the relevant databases should also be carried out.

Added:Recital 35: deleted

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Changed:Recital 40: (40) Those checks should be conducted in a manner36: that(36) ensuresAs thatthe onlyscreening dataconcerns necessarythird-country fornationals carryingpresent outat the security checks isexternal retrievedborder fromwho thosemay databases.not Withfulfil regardentry toconditions, personsor who have requested internationalbeen protectiondisembarked atafter a border crossing point, the consultationsearch ofand databasesrescue foroperation, the security checkchecks as part of the screening should take placebe onlyof insofara assimilar anylevel ofto the relevant databases werechecks notperformed consultedin duringrespect theof borderthird-country checksnationals atwho theapply externalbeforehand border.for Itan isauthorisation neitherto necessaryenter northe proportionateUnion tofor consulta theshort samestay, databasewhether multiplethey timesare inunder respecta ofvisa theobligation sameor person.not.

Change 25

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

Added: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.

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.

Change 26

Removed:Recital 42: deleted

Added: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…

Change 27

Changed: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 strictly necessary for achieving thatthose purposepurposes 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.

Change 28

Changed:Recital 44 a44a (new): (44a) In order to supplement certain non-essential aspects of this RegulationRegulation, asthe regardspower 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 the risk to internal security, the power to adopt acts in accordance withwhether Articlea 290person TFEUmight shouldpose bea delegatedthreat to theinternal Commission.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-Making.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.

Change 29

Changed:Recital 45: (45) Since the objectives of this Regulation, namely to strengthen the strengtheningborder ofchecks at the controlexternal borders and to provide for the verification of personsidentity enteringor for the Schengenidentification areaof all third-country nationals subject to the screening and theirfor referralthe consultation of the relevant databases in order to verify whether the appropriatepersons procedures,might pose a threat to internal security, cannot be sufficiently achieved by Member States actingthe alone,Member itStates, isbut necessarycan torather establishbe commonbetter rulesachieved at Union level. Thus,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,proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

Article 1 – title: Subject matter

Change 30

Changed:Article 1 – paragraph 1: This Regulation establishes a screening procedure at the external borders of the Member States forof all third-country nationals who have crossed the external border in an irregular manner, forof those who have applied for international protection during border checks without fulfilling entry conditions, as well as for those disembarked after a search and rescue operation inoperation, orderbefore tothey referare themreferred to the appropriate procedure.

Article 1 – paragraph 2: deleted

Change 31

Changed:Article 1 – paragraph 3: The purpose of the screening shall be to seekstrengthen 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 do notmight pose a threat to internal security. The screening shall also include a mandatory preliminary health checkscheck toand begina themandatory processpreliminary ofvulnerability identifyingcheck, which seek to identify vulnerable persons, thosepersons with special reception or procedural needs, and thosepersons in need of health care,care. asThe wellscreening asshall also seek to identify persons that possibly posingpose a threat to public health.

Article 1 – paragraph 4: deleted

Change 32

Added: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.

Added: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.

Article 2 – paragraph 1 – point 1: deleted

Change 33

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

Change 34

Changed:Article 2 – paragraph 1 – point 5 b (new): 5b. 'stateless person’ means a stateless person as laid downdefined 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;

Change 35

Changed: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 his or herthe 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.Regulation;

Change 36

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

Added: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;

Added: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.

Article 3 – title: Scope

Change 37

Added: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:

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

Change 38

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

Added: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 4 – title: Authorisation to enter and remain on the territory of a Member State

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

Removed:Article 4 – paragraph 1: 1. During the screening, in accordance with Article 9 of Regulation (EU) xxxx/202x [Asylum Procedure Regulation], the persons referred to in Article 3, paragraphs 1 and 2 who have applied for international protection shall be authorised to remain on the territory of a Member State. / In order to make this right effective, and with regard to Articles 3 and 4 of Regulation (EU) 2016/399, the persons referred to in Article 3, paragraphs 1 and 2 who have applied for international protection shall also be authorised to enter the territory of a Member State.

Added: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].

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

Added: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.

Article 4 – paragraph 2: deleted

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Added: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.

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

Change 40

Removed:Article 6 – paragraph 1: 1. The screening may be conducted at any appropriate location within the territory of a Member State, including at or in proximity to the external borders, in particular, where the persons concerned are clearly not seeking international protection.

Added:Article 6 – paragraph 1: deleted

Removed:Article 6 – paragraph 1 – subparagraph 1 a (new): Organisations and persons providing advice and counselling 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.

Article 6 – paragraph 2: deleted

Change 41

Removed:Article 6 – paragraph 3 – subparagraph 1: 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.

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

Article 6 – paragraph 4: deleted

Article 6 – paragraph 5: deleted