Changes from report parliamentary committee draft to plenary report

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.

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

Change 43

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

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

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

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

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.

RemovedArticle 7 – paragraph 1: 1. Member States shall adopt relevant provisions to investigate allegations of non-respect for fundamental rights during border surveillance and the screening, asylum and return procedures and shall adopt provisions under national law to penalise a failure to respect fundamental rights. The penalties provided for shall be effective, proportionate and dissuasive.

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

RemovedArticle 7 – paragraph 2 – subparagraph 1 – indent 1: — to ensure compliance with Union and international law, including the Charter of Fundamental Rights, during border surveillance and the screening, asylum and return procedures;

AddedArticle 6 – paragraph 6 d (new): 6d. Member States shall ensure that all persons subject to the screening are accorded a standard of living which guarantees their subsistence, protects their physical and mental health, and respects their rights under the Charter. / Directive (EU) xxxx/xxxx [Reception Conditions Directive] shall apply to persons who apply for international protection, in accordance with Article 16 of that Directive, from the moment that those persons make their application for international protection.

RemovedArticle 7 – paragraph 2 – subparagraph 1 – indent 1 a (new): - to monitor investigations, and where necessary trigger such investigations, into allegations of non-respect for fundamental rights in all relevant activities in relation to border surveillance, the screening, asylum and return procedures, for all third-country nationals who: / (a) are involved in irregularly crossing 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; / (b) are disembarked in the territory of a Member State following a search and rescue operation, or / (c) apply for international protection at external border crossing points or in transit zones and do not fulfil the entry conditions set out in Article 6 of Regulation (EU) 2016/399;

AddedArticle 6 – paragraph 6 e (new): 6e. When it proves necessary and on the basis of an individual assessment of each case, Member States may detain a person subject to the screening, if other less coercive alternative measures cannot be applied effectively. Member States may, where necessary, require persons subject to the screening to report to the competent authorities at a specified time or at reasonable intervals. / The provisions set out in Directive (EU) xxxx/xxxx [Reception Conditions Directive] regarding detention and the application of alternative measures, in particular Articles 8 to 12 and Article 16(2), second subparagraph of that Directive, shall apply mutatis mutandis to all persons subject to the screening.

RemovedArticle 7 – paragraph 2 – subparagraph 1 – indent 1 b (new): - to ensure that allegations of non-respect for fundamental rights in relation to the screening, including in relation to access to the asylum procedure and non-compliance with the principle of non-refoulement, are dealt with effectively and without undue delay;

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

RemovedArticle 7 – paragraph 2 – subparagraph 1 – indent 2: — where applicable, to ensure compliance with the relevant rules on detention of the person concerned, in particular concerning the grounds, the duration and conditions of the detention;

AddedArticle 6 – paragraph 7 – subparagraph 1: Member States shall designate competent authorities responsible for the screening and shall ensure that the staff of those competent authorities who will carry out the screening have the appropriate knowledge and have received the necessary training in accordance with Article 8 of Regulation (EU) 2021/2303 [EU Asylum Agency Regulation]. Member States shall deploy appropriate staff and sufficient resources to carry out the screening in an efficient way.

RemovedArticle 7 – paragraph 2 – subparagraph 1 – indent 2 a (new): - to ensure compliance with the procedural safeguards applicable to the person concerned.

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

RemovedArticle 7 – paragraph 2 – subparagraph 1 – indent 3: deleted

AddedArticle 6 – paragraph 7 – subparagraph 3: The competent authorities may be assisted or supported in the performance of the screening by experts or liaison officers and teams deployed by the European Border and Coast Guard Agency, including as referred to in Article 40(4) of Regulation (EU) 2019/1896 [European Border and Coast Guard Regulation], and the [European Union Agency for Asylum] within the limits of their mandates provided that such experts have the relevant training and qualifications as set out in the first two subparagraphs.

RemovedArticle 7 – paragraph 2 – subparagraph 2: Member States shall put in place adequate safeguards to guarantee the independence of the mechanism and shall involve national human rights institutions, national ombudspersons, international organisations or relevant non-governmental organisations in the management and operation of the mechanism. Insofar as one or more of those institutions or organisations are not directly involved in the mechanism, the bodies responsible for the monitoring mechanism shall establish and maintain close links with them.

AddedArticle 7 – paragraph 1: 1. Member States shall adopt relevant provisions to investigate all allegations of non-respect for fundamental rights during border surveillance and the screening procedure. / They shall adopt provisions under national law to penalise a failure to respect fundamental rights. The penalties provided for shall be effective, proportionate and dissuasive.

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.

AddedArticle 7 – paragraph 2 – subparagraph 2: Member States shall put in place adequate safeguards to guarantee the independence of the mechanism, in line with criteria recognised under relevant international human rights law and standards.

AddedArticle 7 – paragraph 2 – subparagraph 2 a (new): Member States shall involve national human rights institutions, national ombudspersons and international organisations in the management and operation of the mechanism. They may also involve relevant non-governmental organisations. Insofar as one or more of those institutions or organisations are not directly involved in the mechanism, the bodies responsible for the monitoring mechanism shall establish and maintain close links with them. The bodies responsible for the mechanism shall establish and maintain close links with the national data protection authorities and the European Data Protection Supervisor.

AddedArticle 7 – paragraph 2 – subparagraph 2 b (new): Member States shall provide bodies responsible for the mechanism with access to all relevant locations, including reception and detention facilities, individuals and documents, insofar as such access is necessary to allow the bodies responsible for the mechanism to fulfil the obligations set out in this Article. Where information gathered on an individual case suggests that a criminal offence has been committed, that information shall be handed over to the national prosecuting authorities or national prosecution services.

AddedArticle 7 – paragraph 2 – subparagraph 3: The FRA shall issue general guidance for Member States on the establishment of a monitoring mechanism and its independent functioning. Furthermore, Member States may request the FRA to support them in developing their national monitoring mechanism, including the safeguards for independence of such mechanisms, as well as the monitoring methodology and appropriate training schemes.

AddedArticle 7 – paragraph 2 – subparagraph 3 a (new): The work of the independent monitoring mechanisms shall contribute to the assessment of the effective application and implementation of the Charter according to Article 15(1) and Annex III of Regulation (EU) 2021/1060 of the European Parliament and of the Council1a [Common Provisions Regulation]. / 1a Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159).

Article 7 – paragraph 2 – subparagraph 4: deleted

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;

RemovedArticle 8 – paragraph 2 – point f: (f) the rights referred to in Article 13 of the Regulation (EU) 2016/67935 [GDPR], in Article 13 of the Directive (EU) 2016/68035a [Police Directive] and in Article 15 of the Regulation (EU) 2018/172535b. / 35a Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision2008/977/JHA (Police Directive), OJ L 119, 4.5.2016 / 35b Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC, OJL 295, 21.11.2018

AddedArticle 8 – paragraph 1 – point b a (new): (ba) the rights referred to in Article 13 of Regulation (EU) 2016/679[GDPR], in Article 13 of Directive (EU) 2016/680 [Police Directive] and in Article 15 of Regulation (EU) 2018/1725.

RemovedArticle 8 – paragraph 3: 3. The information provided during the screening shall be given in a language which the third-country national understands. The information shall be given in writing in a concise and easily accessible form, using clear and plain language and, where necessary, orally using interpretation services. It shall be provided in an appropriate manner taking into account the age and the gender of the person.

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

RemovedArticle 8 – paragraph 3 – subparagraph 1 a (new): For those third-country nationals seeking international protection, this information may be provided at the same time as the information as laid down in Article 8(2) of Regulation (EU) xxxx/xxxx [Asylum Procedure Regulation]. / The responsible authorities shall make the necessary arrangements for interpretation services and, where necessary and appropriate, for cultural mediation services to be available to facilitate access to the procedure for international protection.

AddedArticle 8 – paragraph 2 – point a: (a) to the extent this information has not been given already, the applicable rules on the conditions of entry for third-country nationals in accordance with Regulation (EU) 2016/399 [Schengen Borders Code], as well as on other conditions of entry, stay and residence of the Member State concerned;

RemovedArticle 9 – paragraph 1: 1. Third-country nationals submitted to the screening referred to in Article 3 shall be subject to a preliminary medical examination by qualified medical professionals with a view to identify any needs for immediate care or isolation on public health grounds.

AddedArticle 8 – paragraph 2 – point b: (b) where they have applied, or there are indications that they wish to apply, for international protection, information on the obligations laid down for those seeking international protection in Regulation (EU) No XXX/XXX [Asylum and Migration Management Regulation], the consequences of non-compliance as well as on the procedures that follow the making of an application for international protection;