Changes from report parliamentary committee draft to plenary report

RemovedArticle 9 – paragraph 1 – subparagraph 1 a (new): For those third-country nationals seeking international protection, the health check referred to in the first subparagraph may form part of the medical examination as laid down in Article 23 of Regulation (EU) xxxx/xxxx [Asylum Procedure Regulation].

AddedArticle 8 – paragraph 2 – point c: (c) where it becomes apparent during the screening that the third-country national concerned does not fulfil the entry conditions set out in Article 6 of Regulation (EU) 2016/399 [Schengen Borders Code], the obligation to return in accordance with Directive XXXXX [Return Directive] and the possibilities to enrol in a programme providing logistical, financial and other material or in-kind assistance for the purpose of supporting voluntary departure;

RemovedArticle 9 – paragraph 2: 2. Member States shall check whether persons referred to in paragraph 1 are in a vulnerable situation, are victims of torture, are stateless or at risk of statelessness, 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].

AddedArticle 8 – paragraph 2 – point d: deleted

AddedArticle 8 – paragraph 2 – point f: deleted / (deleted)

AddedArticle 8 – paragraph 3: 3. The information provided during the screening shall be given in a language which the third-country national understands. The information shall be given in writing in a concise and easily accessible format, using clear and plain language and, where necessary, orally using interpretation services. It shall be provided in an appropriate manner taking into account the age and the gender of the person and in cases of unaccompanied minors in the presence of the representative as referred to in Article 9a. / For those third-country nationals seeking international protection, that information may be provided at the same time as the information as laid down in Article 8(2) of Regulation (EU) xxxx/xxxx [Asylum Procedure Regulation]. / The responsible authorities shall make the necessary arrangements for interpretation services and, where necessary and appropriate, for cultural mediation services to be available to facilitate access to the procedure for international protection.

AddedArticle 9 – title: Health and vulnerability checks

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

AddedArticle 9 – paragraph 1 – subparagraph 1 a (new): Without prejudice to the obligations on Member States laid down in Article 23 of Regulation (EU) xxxx/xxxx [Asylum Procedure Regulation], for those third-country nationals seeking international protection, the health check referred to in the first subparagraph of this Article may form part of the medical examination laid down in Article 23 of Regulation (EU) xxxx/xxxx [Asylum Procedure Regulation].

AddedArticle 9 – paragraph 2: 2. In addition, Member States shall ensure that qualified professionals assess whether persons submitted to the screening referred to in Article 3 are in a vulnerable situation, are victims of torture or other inhuman or degrading treatment, are stateless persons or at risk of becoming stateless persons, or have special reception or procedural needs within the meaning of Article 21 of Directive (EU) xxxx/xxxx [Reception Conditions Directive] and Article 20 of Regulation (EU) xxxx/xxxx [Asylum Procedure Regulation].

AddedArticle 9 – paragraph 3: 3. Where there are indications of vulnerabilities or special reception or procedural needs, the third-country national concerned shall receive timely and adequate support in view of their physical and mental health in adequate facilities in the Member State. Where a person claims not to have any nationality or when there are reasonable grounds to believe such person may be a stateless person, this shall be clearly registered. In the case of minors, support shall be given in a child-friendly manner by personnel properly trained and qualified to deal with minors, and in cooperation with child protection authorities.

Article 9 – paragraph 4: deleted

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.

Article 10 – title: Verification of identity or identification

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.

AddedArticle 11 – paragraph 2: 2. For the purpose of conducting the security check referred to in paragraph 1, and to the extent that this has not already taken place in the context of checks performed in accordance with Article 8(3) of Regulation (EU) 2016/399 [Schengen Borders Code], the relevant Union databases, in particular the SIS, shall be consulted as provided for in Article 12. Relevant national databases in accordance with Article 8(3) of Regulation (EU) 2016/399 [Schengen Borders Code] may also be consulted for this purpose.

Article 11 – paragraph 3: deleted

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 .

AddedArticle 12 – paragraph 2: 2. Where a hit is obtained following a consultation as provided for in Article 11(2), the authorities responsible in accordance with relevant Union law provisions shall provide the competent authority with detailed information on the grounds for the decisions recorded in the systems which triggered a hit or, pursuant to paragraphs 2b or 2c, an opinion on the threat to internal security as referred to in Article 11(1).

AddedArticle 12 – paragraph 2 a (new): 2a. When a hit is obtained following a consultation of the SIS, the competent authorities shall carry out the procedures set out in Regulations (EU) 2018/1860, Regulation (EU) 2018/1861 or Regulation (EU) 2018/1862 including the consultation of the alert issuing Member State through the SIRENE Bureaux.

AddedArticle 12 – paragraph 2 b (new): 2b. Where the consultation provided for in Article 11(2) of this Regulation reports a hit against ECRIS-TCN, the central authority of the Member State holding criminal records information on the third-country national concerned shall be notified of a request for an opinion in accordance with Article 7a of Regulation (EU) 2019/816. National criminal records shall be consulted prior to the delivery of that opinion.

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

AddedArticle 12 – paragraph 3: 3. Where a consultation as provided for in Article 11(2) reports a hit against Europol data, an automated notification, containing the data used for the consultation, shall be sent to Europol.

Article 12 – paragraph 4: deleted

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;

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

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.

Article 13 – paragraph 1 – point d: deleted

Article 13 – paragraph 1 – point e: deleted

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.

Article 13 – paragraph 1 a (new): Where such information is available, the form shall include: / (a) the reason for irregular arrival or entry; / (b) information obtained on routes travelled, including the point of departure, the places of previous residence, the third countries of transit and those where international protection may have been sought or granted as well as the intended destination within the Union.