Changes from report parliamentary committee draft to plenary report

Change 9

ChangedRecital 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.

Change 10

ChangedRecital 9: (9) With regard to those persons who apply for international protection, the screeningand shouldwithout contributeprejudice to facilitating the initial stagesRegulation of(EU) theNo examinationXX/XXX of[Asylum theand needMigration forManagement internationalRegulation], protection.the Itscreening should enable the screening authorities to collect and share any relevant information with the competent authorities for examining an application for international protection any information that is relevant, without assessing the value of that information, to allow the latter to identify the appropriate procedure for the examination of the application.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 andor procedural needs are fully taken into account in the determination of and the pursuit of the applicable procedure.

Change 11

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

AddedRecital 10: deleted

RemovedRecital 12: (12) For those persons seeking international protection, the screening should take place on the territory of the Member States in line with rules on asylum procedures. The screening should be conducted at any appropriate location within the territory of a Member State, taking into account geography and existing infrastructures, which might include a location at or in proximity to the external borders, in particular where the persons concerned are clearly not seeking international protection. This is without prejudice to the possibility for Member States to apply border procedures to certain applicants for international protection. In individual cases, where required, this may include detention, subject to the relevant Union and national law regulating that matter.

AddedRecital 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].

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

AddedRecital 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.

Change 12

ChangedRecital 17: (17) Member States14 area encouraged(new): to(14a) relocatePersons applicantsapplying for international protection swiftly and without undue delay after the screening, including, as a minimum, under the mechanism for solidarity established by Regulation (EU) XXX/XXX [Asylum and Migration Management] whereto awhom Member State isStates contributingmay tonot solidarityapply or themay applicantsno forlonger internationalapply protectiona areborder notprocedure subjectin toaccordance thewith borderArticle procedure41( pursuant3a) toof Regulation (EU) XXX/XXXxxxx/202x [Asylum ProceduresProcedure Regulation], or under the mechanism addressing situations of crisis established by Regulation (EU)should XXX/XXXbe [Regulationauthorised onto situationsenter ofthe crisis].territory.

Change 13

AddedRecital 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.

AddedRecital 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.

AddedRecital 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.

Change 14

AddedRecital 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.

Change 15

ChangedRecital 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) 2016/399,2016/399 [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 the collection of personal data, 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 [EuropeanEuropean Union Agency for Asylum],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 Council24Council24. ./ 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).

Change 16

ChangedRecital 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].

Change 17

ChangedRecital 22: (22) When conductingapplying thethis screening,Regulation, the competentMember authoritiesStates should comply with the CharterCharter, ofrelevant Fundamentalinternational Rightslaw, ofincluding the EuropeanConvention UnionRelating 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, bearing in mind that administrative detention for migration purposes can never be in the best interests of the child.

Change 18

ChangedRecital 23: (23) In order to ensure compliance with EUUnion and international law, including the Charter of Fundamental Rights, upon irregular arrival at the EU’s external borders,Charter, during border surveillance, the screening, the asylum proceduresurveillance orand the returnscreening procedure, each Member State should establish or designate a monitoring mechanism and put in place adequate safeguards for the independence of that mechanism,mechanism in particularaccordance bywith involvingthe nationalParis humanPrinciples, rightsthe institutions,Venice nationalPrinciples, ombudspersons,the internationalUnited organisationsNations orGeneral relevantAssembly non-governmentalResolution organisationsof in28 theDecember management2020 andon operationthe role of the mechanism. The monitoringOmbudsman, mechanismand shouldthe coverOptional inProtocol particularto the respect forConvention fundamentalagainst rightsTorture inand relationother toCruel, borderInhuman surveillance,or theDegrading screening,Treatment asylumor andPunishment, returnin procedures,particular asby wellinvolving asnational thehuman respectrights forinstitutions, thenational applicableombudspersons rulesor regardinginternational detentionorganisations andin compliancethe withmanagement theand principleoperation of non-refoulement asthe referredmechanism. toMember inStates Articlemay 3(b)also ofinvolve Regulationrelevant (EU)non-governmental 2016/399.organisations. The Fundamentalbodies Rightsresponsible Agencyfor (FRA)the mechanism should establish general guidance asand tomaintain theclose establishmentlinks andwith the independent functioning of suchnational monitoringdata mechanism.protection Memberauthorities Statesand shouldthe furthermoreEuropean beData allowedProtection toSupervisor. requestThe themechanism supportshould ofmonitor the FRArespect for developing their national monitoring mechanism. Member States shouldfundamental alsorights bein allowedrelation to seekborder advicesurveillance fromand the FRAscreening withprocedure, regardas towell establishingas the methodologyrespect for thisthe monitoringapplicable mechanismrules regarding detention and compliance with regardthe toprinciple appropriateof trainingnon-refoulement measures.as Thereferred independentto monitoringin mechanismArticle should3(b) beof inRegulation addition(EU) and2016/399 without[Schengen prejudice…Borders Code].

Change 19

RemovedRecital 24: (24) By the end of the screening, the authorities responsible for the screening should fill in a de-briefing form. The form should be transmitted to the authorities examining applications for international protection or to the authorities competent for return – depending on whom the individual is referred to, with a copy given to the third-country national concerned.

AddedRecital 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.

AddedRecital 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…

AddedRecital 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.

AddedRecital 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.

AddedRecital 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.

Change 20

ChangedRecital 26: (26) A preliminary health examination should be carried out on all persons submitted to the screening at the external borders with a view to identifying persons in need of immediate care or requiring other measures to be taken, for instance isolation on public health grounds. The specific needs of minors and vulnerable persons should be taken into account. The preliminary health examination should be carried out by qualified medical professionals of the health authorities of the Member State concerned. For those seeking international protection this examination could form part of the medical examination in accordance with Article 23 of Regulation (EU) xxxx/xxxx [Asylum Procedure Regulation].

Change 21

RemovedRecital 27: (27) During the screening, all persons concerned should be guaranteed a standard of living complying with the Charter of Fundamental Rights of the European Union and have access to emergency health care and essential treatment of illnesses. As concerns those persons who apply for international protection, Directive (EU) XXX/XXX [Reception Conditions Directive] applies from the moment they make their application for international protection, and the provisions of that Directive should apply to them. 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 minor’s representative. 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.

AddedRecital 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.

RemovedRecital 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.

AddedRecital 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.

RemovedRecital 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.

AddedRecital 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.

Change 22

ChangedRecital 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

RemovedRecital 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.

AddedRecital 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.

RemovedRecital 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.

AddedRecital 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.

RemovedRecital 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.

AddedRecital 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.

Change 24

ChangedRecital 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

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

AddedRecital 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.

Change 26

RemovedRecital 42: deleted

AddedRecital 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

ChangedRecital 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

ChangedRecital 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

ChangedRecital 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.

Change 30

ChangedArticle 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.

Change 31

ChangedArticle 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.

Change 32

AddedArticle 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.

AddedArticle 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.

Change 33

ChangedArticle 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

ChangedArticle 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

ChangedArticle 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

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

AddedArticle 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;

AddedArticle 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.

Change 37

AddedArticle 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:

Change 38

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

AddedArticle 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].

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

AddedArticle 3 – paragraph 1 – subparagraph 1: deleted

RemovedArticle 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.

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

Change 39

AddedArticle 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.

Change 40

RemovedArticle 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.

AddedArticle 6 – paragraph 1: deleted

RemovedArticle 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.

Change 41

RemovedArticle 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.

AddedArticle 6 – paragraph 3: deleted / (deleted)

Change 42

RemovedArticle 6 – paragraph 5 a (new): 5a. 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 of Fundamental Rights of the European Union.

RemovedArticle 6 – paragraph 5 b (new): 5b. The provisions of 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 they make their application for international protection.

Change 43

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

Change 44

ChangedArticle 6 – paragraph 6 – point f: (f) referrale: to(e) the appropriatefilling procedureout orof a refusal ofscreening entryform as referred to in Article 14.13;

Change 45

RemovedArticle 6 – paragraph 7 – subparagraph 1: Member States shall designate competent authorities to carry out the screening and shall ensure that the staff of those competent authorities who will carry out the screening has the appropriate knowledge and has received the necessary training in accordance with Article 8 of Regulation (EU) No XXX/XXX [EU Asylum Agency Regulation]. They shall deploy appropriate staff and sufficient resources to carry out the screening in an efficient way.

AddedArticle 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.

RemovedArticle 6 – paragraph 7 – subparagraph 2: Member States shall designate qualified medical professionals to carry out the health check provided for in Article 9. National child protection authorities and national anti-trafficking rapporteurs shall, where appropriate, also be involved.

AddedArticle 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.

RemovedArticle 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 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.

AddedArticle 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.

Change 46

ChangedArticle 7 – paragraph 2 – subparagraph 2 a (new): In order for the mechanism to1: be2. effective,Each Member StatesState shall provide bodiesestablish responsiblean forindependent themonitoring mechanism with access to all relevant locations, individuals and documents,or insofardesignate asan suchexisting accessindependent ismechanism, necessaryif toit allowmeets the bodies responsible forcriteria theset mechanismout toin fulfilthis theRegulation. obligations/ set(deleted) out/ in(deleted) this/ Article.(deleted)

Change 47

RemovedArticle 7 – paragraph 2 – subparagraph 2 b (new): In addition, the bodies responsible for the monitoring mechanism shall establish and maintain close links with the national data protection authorities and the European Data Protection Supervisor.

AddedArticle 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.

RemovedArticle 7 – paragraph 2 – subparagraph 3: The FRA shall issue general guidance for Member States on the setting up of such mechanism and its independent functioning. 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.

AddedArticle 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.

RemovedArticle 7 – paragraph 2 – subparagraph 3 a (new): The mechanisms 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) xxxx/xxxx [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].

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

Change 48

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

AddedArticle 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].

Change 49

ChangedArticle 8 – paragraph 1 – pointintroductory a:part: (a)1. theMember stepsStates andshall durationinform ofthird-country nationals subject to the screening asabout wellthe aspurpose, possibleduration outcomesand the modalities of the screening;screening, including:

Change 50

RemovedArticle 8 – paragraph 1 – point a a (new): (aa) the possibility to apply for international protection, in particular in the circumstances specified in Article 30 of Regulation (EU) xxxx/202x [Asylum Procedure Regulation];

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

RemovedArticle 8 – paragraph 2 – introductory part: 2. At the beginning of the screening, Member States shall also, as appropriate, provide information on:

AddedArticle 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];

RemovedArticle 8 – paragraph 2 – point c: (c) the obligation to return in accordance with Directive XXXXX [Return Directive];

AddedArticle 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;

Change 51

RemovedArticle 9 a (new): Article 9a / Special guarantees for unaccompanied minors / 1. 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. The representative shall perform his or her 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 minor’s well-being and social development 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. / 2. Member States shall place a natural person who is designated as representative or the person referred to in Article 23, paragraph 1, first subparagraph, point (a), of Directive (EU) XXX/XXX [Reception Conditions Directive] 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 he or she is able to perform his or her tasks effectively.

AddedArticle 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.

AddedArticle 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.

Change 52

ChangedArticle 10 – paragraph 1 – introductory part: 1. To the extent it has not yet occurred during the application of Article 8 of Regulation (EU) 2016/399,2016/399 [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:

Change 53

RemovedArticle 10 – paragraph 2: 2. For the purpose of the verification or identification referred to in paragraph 1 of this Article, the competent authorities shall query the common identity repository (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 only once for the purpose of both verification or identification and of the registration in Eurodac of that person.

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

Change 54

ChangedArticle 10 – paragraph 3:2: 3.2. WhereFor the biometric datapurpose of the third-countryverification nationalor cannotidentification bereferred usedto orin whereparagraph 1 of this Article, the querydesignated withcompetent thoseauthorities datashall fails,consult the query asCIR referred to in paragraphArticle 217 shallof beRegulation carried(EU) out2019/817 withand the identitySchengen Information System (SIS). The biometric data of the third-country national,nationals insubject combinationto withthe anyscreening identity,shall travelbe ortaken otheronce documentfor datathe purpose of both verification or withidentification and of the identityregistration datain providedEurodac byof that third-country national.person.

Change 55

RemovedArticle 11 – paragraph 1: 1. Third-country nationals submitted to the screening pursuant to Article 3 shall undergo a security check to verify that they do not constitute a threat to internal security. The security check may cover both the third-country nationals and the objects in their possession. The law of the Member State concerned shall apply to any searches carried out.

AddedArticle 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.

RemovedArticle 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, the relevant Union databases, in particular the Schengen Information System (SIS), shall be queried.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

Change 56

ChangedArticle 11 – paragraph 4 a (new):4: 4a.4. As regards the consultation of theEES, ECRIS-TCNETIAS system,and theVIS datapursuant to paragraph 2, the retrieved data shall be limited to convictionsindicating relatedrefusals of a travel authorisation, refusals of entry, or decisions to terroristrefuse, offencesannul andor otherrevoke formsa ofvisa seriousor criminalresidence offences.permit, which are based on security grounds.

Change 57

ChangedArticle 11 – paragraph 4 ba (new): 4b. Any4a. queryAs ofregards Interpolthe databasesconsultation forof the purposesECRIS-TCN ofsystem, paragraphthe 2data retrieved shall be performedlimited onlyto whenconvictions itrelated isto ensuredterrorist thatoffences noand informationother isforms revealedof serious criminal offences referred to thein ownerArticle 5(1)(c) of theRegulation Interpol(EU) alert.2019/816.

Change 58

RemovedArticle 12 – paragraph 1: 1. The queries provided for in Article 10(2) and in Article 11(2) of this Regulation shall be launched using, for queries related to EU information systems and the CIR, the European Search Portal in accordance with Chapter II of Regulation (EU) 2019/817 and with Chapter II of Regulation (EU) 2019/81836 .

AddedArticle 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.

RemovedArticle 12 – paragraph 2: deleted

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

RemovedArticle 12 – paragraph 3: deleted

AddedArticle 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 .

Change 59

ChangedArticle 12 – paragraph 5: 5. The Commission shall adopt delegated acts in accordance with Article 290 TFEU to supplement this Regulation14a in order to specify the procedure for cooperation between the authorities responsible for carrying out the screening and other competent authorities to determineverify whether a person might pose a threat to internal security.

Change 60

RemovedArticle 13 – paragraph 1 – introductory part: On completion of the screening, the competent authorities shall complete the form set out in Annex I containing the following information with regard to the third-country nationals referred to in Article 3:

AddedArticle 13 – title: Screening form

AddedArticle 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:

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

Change 61

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

Change 62

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

AddedArticle 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;

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

AddedArticle 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;

AddedArticle 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.

Change 63

RemovedArticle 13 – paragraph 1 – point e a (new): (ea) information on vulnerability or special reception or procedural needs identified during the screening, and on any health check or medical examination performed;

RemovedArticle 13 – paragraph 1 – point e b (new): (eb) information as to whether the third-country national has applied for international protection;

RemovedArticle 13 – paragraph 1 – point e c (new): (ec) information as to whether the third-country national has family members or relatives located on the territory of the Member States.

Change 64

RemovedArticle 14 – paragraph 1 – subparagraph 1 – indent 1: — are clearly not seeking international protection and

AddedArticle 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.

RemovedArticle 14 – paragraph 1 – subparagraph 2: shall be referred to the competent authorities to apply procedures respecting Directive (EU) 2008/115/EC [Return Directive], without prejudice to the application of Article 6(5) of Regulation (EU) 2016/399.

AddedArticle 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.

RemovedArticle 14 – paragraph 1 – subparagraph 3: In cases not related to search and rescue operations and not covered by Article 4 of this Regulation, entry may be refused in accordance with Article 14 of Regulation 2016/399.

AddedArticle 14 – title: Completion of the screening

Change 65

ChangedArticle 14 – paragraph 2: 2. Third-country nationals who1 make– orsubparagraph have1 made– anintroductory applicationpart: forOnce internationalthe protectionscreening shallis becompleted, referredor towhen the authorities referred toperiod infor Articlecarrying XYout ofthe Regulationscreening (EU)in Noaccordance XXX/XXXwith [AsylumArticle Procedure6(6b) Regulation],or together(6c) withends, thethird-country formnationals referred to in Article 133(1) point (a) and (b) of this Regulation.Regulation who:

Change 66

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

AddedArticle 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].

AddedArticle 14 – paragraph 1 – subparagraph 2: deleted

AddedArticle 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.

Change 67

RemovedArticle 14 – paragraph 5 a (new): 5a. 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 at the same time as it is transmitted to the relevant authorities as referred to in paragraphs 1, 2 and 3 of this Article.

Change 68

ChangedArticle 14 – paragraph 7:6 7.a Where(new): third-country6a. nationalsIn order to be in a position to effectively exercise the rights referred to in Article 3(1)13 andof (2)Regulation (EU) 2016/679 [GDPR], in Article 13 of thisDirective (EU) 2016/680 [Police Directive] and in Article 15 of Regulation are(EU) referred2018/1725, in particular the right to anrequest appropriatefrom procedurethe regardingdata asylumcontroller oraccess return,to and rectification or whereerasure entryof ispersonal refuseddata inand accordancethe withright Articleto 14lodge ofa Regulationcomplaint 2016/399,with a supervisory authority, the screeningperson ends.concerned Whereshall notbe allprovided with a copy of the checksform havebefore beenit completedis withintransmitted to the deadlinesrelevant authorities as referred to in Articleparagraphs 6(3),1, the2 screeningand shall3 neverthelessof endthis withArticle. regardIn tothe thatcase person,of whominors the copy of the form shall be referredprovided to a relevant procedure.the Whereadult itor becomesadults apparentresponsible duringfor the screeningchild. thatIn the third-countrycase nationalof concernedunaccompanied fulfilsminors, the entryform conditionsshall setbe outprovided into Articlethe 6representative of Regulationthe (EU)child 2016/399,in theaccordance screeningwith shallArticle end.9a.

Change 69

RemovedArticle 14 – paragraph 7 a (new): 7a. Persons identified as stateless or at risk of statelessness during the screening shall be referred to the competent authorities, which shall determine whether the individual is stateless and offer adequate protection, in accordance with national law.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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].

Change 70

RemovedArticle 16, Article 6 – paragraph 2: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

AddedArticle 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].

RemovedThe Rapporteur is not convinced that the provisions granting blanket access rights to the competent authorities are necessary to allow for the screening to be carried out effectively.

AddedRegulation (EC) No 767/2008

AddedArticle 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

AddedRegulation (EC) No 767/2008

Change 71

RemovedArticle 17, Article 6(1) – Article 9(1) – Article 9(4): deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

AddedArticle 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

RemovedThe Rapporteur is not convinced that the provisions granting blanket access rights to the competent authorities are necessary to allow for the screening to be carried out effectively.

AddedRegulation (EU) 2017/2226

AddedArticle 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;

Change 72

RemovedArticle 18, Article 4(a) – Article 13(5): deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

AddedArticle 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

RemovedThe Rapporteur is not convinced that the provisions granting blanket access rights to the competent authorities are necessary to allow for the screening to be carried out effectively.

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

AddedRegulation (EU) 2018/1240

AddedArticle 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.";

Change 73

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

Change 74

ChangedAnnex 1 – point 7a new: 7a. Has anthe applicationperson applied for international protectionprotection? been/ made?□ Yes □ No

Change 75

ChangedAnnex 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

Change 76

RemovedAnnex 1 – point 10a new: 10a. Vulnerability, special reception or procedural needs check was carried out: / □ Yes □ No / If yes, result of vulnerability, special reception or procedural needs:

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

RemovedAnnex 1 – point 12: deleted / deleted

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

AddedAnnex 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:

Change 77

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

Change 78 under “EXPLANATORY STATEMENT”

ChangedThe Rapporteur will present hereafter the main reasons for the amendments presented in the draft 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.

Change 79 under “EXPLANATORY STATEMENT”

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

Change 80 under “EXPLANATORY STATEMENT”

ChangedThe 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. Thus, the Rapporteur introduces a reference to this end. In addition, to allow applicants for international protection to make effective use of the right to remain, the Rapporteur introduces a right for those persons to enter the territory, in line with the derogations in the Schengen Borders Code allowed for asylum seekers.

Change 81 under “EXPLANATORY STATEMENT”

ChangedIn addition, severalSeveral 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”.

Change 82 under “EXPLANATORY STATEMENT”

ChangedTo ensure compliance with the current asylum acquis, in particular regardingRegarding the use of detention, the Rapporteurreport introduces amendments to ensure the Reception Conditions Directive applies in the screening from thealso momentapplies anmutatis applicationmutandis forto internationalnon-applicants protectionduring isthe made.screening.

Change 83 under “EXPLANATORY STATEMENT”

ChangedThe 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. Several stakeholders highlighted practical difficulties in concluding all parts of the screening within five or even ten days. Therefore, the rapporteur deletes the possibility to extend the screening, which should also contribute to the swift referral to the appropriate subsequent procedure, in which to outstanding checks can be completed.

Change 84 under “EXPLANATORY STATEMENT”

ChangedIn 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 three potential outcomes of the screening, namely an asylum procedure, a return procedure or a refusal of entry but not provided to the subject of the screening.

Change 85 under “EXPLANATORY STATEMENT”

ChangedThe Rapporteur considers it essential that the subject of the screening receives a copy of the de-briefing form for the exercise of the rights referred to in the General Data Protection Regulation. Therefore, the Rapporteur introduces amendments to ensure a copy of thescreening form is provided at the same time asbefore the transmission to the relevant authorities. Furthermore, the Rapporteur includesstresses the possibility for the Member States to apply during the screening the same derogations on entry conditions for third-country nationals as specified in Article 6(5)6(5)(c) of the Schengen Borders Code.

Change 86 under “EXPLANATORY STATEMENT”

ChangedIn 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, the Rapporteur has deleted a number of thethose 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, while maintaining the possibility to query the system through the same authorities that currently have access rights. This is also in line with commitments made by the Commission during the legislative process of the respective files to refrain from proposing ever further access rights.go.