Changes from report parliamentary committee draft to plenary report

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.

Article 14 – paragraph 4: deleted / (deleted) / (deleted) / (deleted)

Article 14 – paragraph 5: deleted

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.

Article 14 – paragraph 6: deleted

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].

Article 14 a (new): Article 14a / Exercise of the delegation / 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. / 2. The power to adopt delegated acts referred to in Article 12(5) shall be conferred on the Commission for a period of three years from ... [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the three-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. / 3. The delegation of power referred to in Article 12(5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. / 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. / 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European P…

Regulation (EC) No 767/2008

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

AddedArticle 16 – paragraph 1 – point 1 a (new), Article 6 – paragraph 2 a (new): (1a) In Article 6, the following paragraph is inserted: / “2a. The authorities competent for the screening provided under Article 6(7) of Regulation (EU) 2020/xxxx [Screening Regulation] shall also have access to the VIS for consulting 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/xxxx [Screening Regulation] and the VIS shall return a hit where a decision to refuse, annul or revoke a visa or residence permit based on the grounds provided for in Article 12(2)(a)(v) and (vi) is recorded in a matching file. / Where a hit is obtained, the VIS shall automatically notify the authorities responsible for a decision referred to in the second subparagraph of a request to provide the authorities competent for the screening with detailed information on the grounds thereof within four days of notification of the request.

Regulation (EU) 2017/2226

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;

Regulation (EU) 2018/1240

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.";

AddedRegulation (EU) 2018/1240

AddedArticle 18 – paragraph 1 – point 2 – point b (new), Article 13 – paragraph 4a a (new): (b) paragraph 4a a is inserted: / (4a a) The authorities competent for the screening referred to in Article 6(7) of Regulation (EU) 2020/XXX [Screening Regulation] shall also have access to ETIAS 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), points (a) and (b), of Regulation (EU) 2020/XXX [Screening Regulation]and ETIAS shall return a hit where a decision refusing a travel authorisation based on point (b) of Article 37(1) is included in a matching (application) file. / Where a hit is obtained, ETIAS shall automatically notify the ETIAS National Unit of the Member State responsible for a decision referred to in the second subparagraph of a request to provide the authorities competent for the screening with detailed information on the grounds thereof within four days of notification of the request. / If the search carried out pursuant to paragraph 1 of this Article indicates that there is a correspondence between the data used for the search and the data recorded in the ETIAS watchlist referred to in Article 34 of that Regulation, the ETIAS National Unit or Europol having entered the data in the ETIAS watchlist shall be notified of the correspondence and shall be responsible for accessing the data in the ETIAS watchlist and for providing an opinion in accordance with Article 35a of that Regulation.”

AddedRegulation (EU) 2018/1240

AddedArticle 18 – paragraph 1 – point 2, Article 13 – paragraph 5: 5. Each Member State shall designate the competent national authorities referred to in paragraphs 1, 2 and 4 of this Article, and the authorities competent for the screening referred to in Article 6(7) of Regulation (EU) 2020/XXX, and shall communicate a list of those authorities to eu-LISA without delay, in accordance with Article 87(2) of this Regulation. That list shall specify for which purpose the duly authorised staff of each authority shall have access to the data in the ETIAS Information System in accordance with paragraphs 1, 2 and 4 of this Article.”

AddedRegulation (EU) 2018/1240

AddedArticle 18 – paragraph 1 – point 2 a (new), Article 35 a (new): (2a) the following Article is inserted: / “Article 35a / Tasks of the ETIAS National Unit and Europol regarding the ETIAS watchlist for the purpose of the screening procedure / 1. In cases referred to in the second sub-paragraph of Article13(4b), the ETIAS Central System shall send an automated notification to the ETIAS National Unit or Europol having entered the data into the ETIAS watchlist. Where the ETIAS National unit or Europol that entered the data into the watchlist consider that the third-country national undergoing the screening could pose a security risk, they shall immediately notify the respective screening authorities and provide a reasoned opinion to the Member State performing the screening, within two days of the receipt of the notification, in the following manner: / (a) the ETIAS national units shall inform the screening authorities through a secure communication mechanism, to be set up by eu-LISA, between the ETIAS National Units on the one part and the screening authorities on the other; / (b) Europol shall inform the screening authorities using the communication channels provided for in Regulation (EU) 2016/794. If no opinion is provided, it shall be considered that there is no security risk."

AddedRegulation (EU) 2019/817

AddedArticle 19 – paragraph 1 – point 2, Article 20a – title: Access to the common identity repository for identification according to Regulation (EU) 2020/XXX [Screening Regulation]

AddedRegulation (EU) 2019/817

AddedArticle 19 – paragraph 1 – point 2, Article 20a – paragraph 1: 1. Queries of the CIR shall be carried out by the designated competent authority as defined in Article 6(7) of Regulation (EU) 2020/XXX [Regulation on Screening], solely for the purpose of verifying the identity of a person or identifying a person according to Article 10 of that Regulation, provided that the procedure was initiated in the presence of that person.

AddedArticle 20 – paragraph 1: [18 months after entry into force, the Commission shall report on the implementation of the measures set out in this Regulation.]

AddedArticle 20 – paragraph 2: No sooner than [three] years after the date of application of this Regulation, and every five years thereafter, the Commission shall carry out an evaluation of this Regulation. The Commission shall present a Report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. Member States shall provide the Commission all information necessary for the preparation of that report, at the latest six months before the [five] years’ time limit expires.

AddedAnnex 1 – point 2: 2.Sex/gender:

Annex 1 – point 5: 5. Nationality/ies or statelessness (initial indication):

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: