31 Amendments of Loucas FOURLAS related to 2020/0278(COD)
Amendment 354 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Amendment 360 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
The purpose of this Regulation is to enhance the control of the external borders in cases that despite the applied border surveillance measures, unauthorised border crossings by third country nationals who do not fulfil the entry conditions set out in Art. 6 of Regulation (EU) 2016/399) occur.
Amendment 362 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 367 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
This Regulation establishes the screening of third country nationals, who are present within the territory of the Member States and have not been subject to border checks at the external borders of the Member States
Amendment 370 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
The objective of the screening shall be the identification of all third-country nationals subject to it and the verification against relevant databases that those persons subject to it do not pose a threat to internal security risk. The screening shall also entail health checks, where appropriate, to identify persons vulnerable and in the need of immediate health care as wellnd the ones posing a threat to public health, as well as vulnerability checks to identify vulnerable persons. Those checks shall contribute to referring such persons to the appropriate procedure.
Amendment 403 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. This Regulation shall apply to all third-country nationals, regardless of whether they have made an application for international protection, who:
Amendment 411 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) are disembarked in the territory of a Member State following a search and rescue operation and do not fulfil the entry conditions set out in Article 6 of Regulation (EU) 2016/399.
Amendment 413 #
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Amendment 418 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
Amendment 422 #
Proposal for a regulation
Article 4 – title
Article 4 – title
4 Authorisation to enter the territory of a Member StateObligations of third country nationals subject to screening
Amendment 432 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. The third country nationals subject to screening shall remain, for its duration, at the disposal of the screening authorities in locations as referred to in Article 6(1). Member States shall lay down in their national law provisions to that effect with the aim to complete the necessary checks.
Amendment 437 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. The screening may be discontinued when the third country national leaves the territory of the Member States, for the country of origin, residence or another third country to which the third-country national concerned voluntarily decides to return and where he or she is accepted.
Amendment 438 #
Proposal for a regulation
Article 4 – paragraph 2 b (new)
Article 4 – paragraph 2 b (new)
2 b. The third country nationals shall cooperate with the screening authorities in all elements of the screening as set in Article 6 (6), in particular, by providing: a) name, date of birth, gender and nationality as well as documents and information that can prove this data; b) fingerprints and facial image as referred to in Regulation (EU) XXX/XXX (EURODAC Regulation)
Amendment 442 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 445 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. In the cases referred to in Article 3, the screening shall be conducted at locations situated at or in proximity to the external bordersThe screening shall be conducted at appropriate locations identified by the Member State.
Amendment 456 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 465 #
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
3. In the cases referred to in Article 3, tThe screening shall be carried out without delay and shall in any case be completed within 5 days from the apprehension in the external border area,or the disembarkation in the territory of the Member State concerned or the presentation at the border crossing point. In exceptional circumstances, where a disproportionate number of third-country nationals needs to be subject to the screening at the same time, making it impossible in practice to conclude the screening within that time-limit, the period of 5 days may be extended by a maximum of an additional 5 days.
Amendment 467 #
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1
Article 6 – paragraph 3 – subparagraph 1
With regard to persons referred to in Article 3(1)(a) to whom Article 14 (1) and (3) of Regulation (EU) 603/2013 apply, where they subsequently remain physically at the external border for more than 72 hours, the screening shall apply and the period for the screening shall be reduced to two days.
Amendment 525 #
Proposal for a regulation
Article 7 – paragraph 2 – indent 1
Article 7 – paragraph 2 – indent 1
— to ensure compliance with EU and international law, including and the Charter of Fundamental Rights, on restrictive measures taken to ensure that the third country national remains at the disposal of the screening authorities during the screening;.
Amendment 529 #
Proposal for a regulation
Article 7 – paragraph 2 – indent 2
Article 7 – paragraph 2 – indent 2
Amendment 535 #
Proposal for a regulation
Article 7 – paragraph 2 – indent 3
Article 7 – paragraph 2 – indent 3
Amendment 558 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
The Fundamental Rights Agency shall issue general guidance for Member States on the setting up of such mechanism and its independent functioning. Furthermore, Member States may request the Fundamental Rights Agency 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.
Amendment 569 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3
Article 7 – paragraph 2 – subparagraph 3
Amendment 737 #
Proposal for a regulation
Article 14 – title
Article 14 – title
14 Outcome of theCompletion of screening
Amendment 740 #
Proposal for a regulation
Article 14 – paragraph -1 (new)
Article 14 – paragraph -1 (new)
-1. Once the screening is completed or, at the latest, when the time limits set in Article 6 expire, the following rules apply:
Amendment 743 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – introductory part
Article 14 – paragraph 1 – subparagraph 1 – introductory part
The third country nationals referred to in Article 3(1) point (a) and (b) of this Regulation who
Amendment 746 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – indent 1
Article 14 – paragraph 1 – subparagraph 1 – indent 1
— have not appliedmade an application for international protection and
Amendment 749 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – indent 2
Article 14 – paragraph 1 – subparagraph 1 – indent 2
Amendment 756 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1 – subparagraph 1
shall be referred to the competent authorities to apply procedures respecting Directive (EU) 2008/115/EC (Return Directive) including where applicable Article 2(2)(a) of that Directive.
Amendment 757 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
Amendment 782 #
Proposal for a regulation
Article 14 – paragraph 7
Article 14 – paragraph 7
7. Where the third country nationals referred to in Article(s) 3(1) and Article 5 are referred to an appropriate procedure regarding asylum or returninternational protection, relocation or return or where the form referred to in Article 13 was passed to these authorities concerning the third-country nationals referred to in Article 3(2), the screening ends. Where not all the checks have been completed within the deadlines referred to in Article 6(3) and (5), the screening shall nevertheless end with regard to that person, who shall be referred to a relevant procedure.