116 Amendments of Jan-Christoph OETJEN related to 2020/0278(COD)
Amendment 152 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Schengen area was created to achieve the Union’s objective of establishing an area without internal frontiers in which the free movement of persons, goods and services is ensured, as set out in Article 3(2) of the Treaty on European Union (TEU). The good functioning of this area relies on mutual trust between the Member States and efficient management of the external border.
Amendment 158 #
Proposal for a regulation
Recital 2
Recital 2
(2) The rules governing border control of persons crossing the external borders of the Member States of the Union are laid down in Regulation (EU) 2016/399 of the European Parliament and of the Council (Schengen Borders Code)21 as adopted under Article 77(2)(b) of the Treaty on the Functioning of the European Union (TFEU). To further develop the Union’s policy with a view to carrying out checks on persons and efficiently monitoring the crossing of external borders referred to in the first paragraph of Article 77 TFEU, additional measures should address situations where third-country nationals manage to avoiddo not undergo border checks at the external borders, or where third-country nationals are disembarked following search and rescue operations as well as where third- country nationals request international protection at a border crossing point without fulfilling entry conditions. The present regulation complements and specifies Regulation (EU) 2016/399 with regard to those three sets of situations. _________________ 21 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code), OJ L 77, 23.3.2016, p.1.
Amendment 165 #
Proposal for a regulation
Recital 3
Recital 3
(3) It is essential to ensure that in those three sets of situations, the third country nationals are screened, in order to facilitate a proper identification and to allow for them being referred efficiently to the relevant procedures which, depending on the circumstances, can be procedures for international protection oras laid down in Regulation (EU) XXX/202X (Asylum Procedure Regulation), procedures respecting Directive 2008/115/EC of the European Parliament and of the Council (the “Return Directive”)22 or a refusal of entry in accordance with Regulation (EU) 2016/399 without prejudice to the Members States' discretion in accordance with Article 6(5) of Regulation (EU) 2016/399. The screening should seamlessly complement the checks carried out at the external border or compensate for the fact that those checks have been circumvented by the third country nationals when crossing the external border. _________________ 22 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, OJ L 348, 24.12.2008, p. 98.
Amendment 171 #
Proposal for a regulation
Recital 4
Recital 4
(4) Border control is in the interest not only of the Member States at whose external borders it is carried out but of all Member States which have abolished internal border control. Border control should help to combatreduce illegal migration and trafficking of human beings and to prevent any threat to the Member States’ internal security, public policy, public health and international relations. As such, measures taken at the external borders are important elements of a comprehensive approach to migration, allowing to address the challenge of mixed flows of migrants and persons seeking international protection.
Amendment 183 #
Proposal for a regulation
Recital 6
Recital 6
(6) Border guards are often confronted with third-country nationals who are requesting international protection without travel documents, both following apprehension during border surveillance and during checks at the border crossing points. Moreover, at some border sections the border guards are confronted with large numbers of arrivals at the same time. In such circumstances, it is particularly difficult to ensure that all relevant databases are consulted and to immediately determine the appropriate asylum or return procedure.
Amendment 189 #
Proposal for a regulation
Recital 7
Recital 7
(7) In order to ensure a swift and better handling of third-country nationals who try to avoiddid not undergo border checks or who request international protection at a border crossing point without fulfilling the entry conditions or who are disembarked following a search and rescue operation, it is necessary to provide a stronger framework for cooperation between the different national authorities responsible for border control, the protection of public healthsafeguarding of fundamental rights, the protection of public health, the management of vulnerable cases, the examination of the need for international protection and the application of return procedures.
Amendment 199 #
Proposal for a regulation
Recital 9
Recital 9
(9) With regard to those persons who apply for international protection, the screening should be immediately followed by an examination of the need for international protection. It should allow to collect and share with the authorities competent for that examination any information that is relevant for the latter to identify the appropriate procedure for the examination of the application, thus speeding up that examination. The screening should also ensure that vulnerable persons and persons with specialfic needs are identified at an early stage, so that any special reception and procedural needs are fully taken into account in the determination of and the pursuit of the applicable procedure.
Amendment 208 #
Proposal for a regulation
Recital 12
Recital 12
(12) The screening should be conducted at or in proximity to the external border, before the persons concerned are authorised to enter the territoryany location within the territory of the Member State, including at locations situated at or in proximity to the external border, provided that the relevant provisions laid out in Directive (EU) XXX/XXX [Reception Conditions Directive recast] can be applied. The Member States should apply measures pursuant to Unational law to prevent the persons concerned from entering the territory during the screening. In individual cases, where requiraccordance with Directive (EU) XXX/XXX [Reception Conditions Directive recast], a Member State shall not decide to hold an applicant in detention until it has individually assessed, this may include detention, subject to the national law regulating that matter. at applicant’s case and effectively considered alternatives to detention or less coercive measures. Deprivation of liberty should always be a measure of last resort and in accordance with Article 5 of the European Convention on Human Rights (ECHR).
Amendment 231 #
Proposal for a regulation
Recital 16
Recital 16
(16) On completion of the screening, the third-country nationals concerned should be referred to the relevant 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 (return directive), or be refused entry in accordance with Regulation (EU) 2016/399 without prejudice to Article 6(5) of Regulation(EU) 2016/399 as appropriate. The relevant information obtained during the screening 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 should start applying only after the screening has ended. Article 26 and 27 of the Asylum Procedures Regulation should apply only after the screening has ended. This should be without prejudice to the fact that the persons 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 to whom Regulation (EU) XXX/XXX [Asylum Procedure Regulation] and Directive (EU) XXX/XXX [Reception Conditions Directive recast] apply.
Amendment 236 #
Proposal for a regulation
Recital 17
Recital 17
(17) The screening could also be followed by relocation, including under the mechanism for solidarity established by Regulation (EU) XXX/XXX [Asylum and Migration Management] where a Member State is contributing to solidarity on a voluntary basis or the applicants for international protection are not subject to the border procedure pursuant to Regulation (EU) No. XXX/XXX (Asylum Procedures Regulation), or under the mechanism addressing situations of crisis established by Regulation (EU) XXX/XXX [Regulation on situations of crisis].
Amendment 238 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 244 #
Proposal for a regulation
Recital 19
Recital 19
(19) The screening should be completed as soon as possible, and should not exceed 5 days where it is conducted at the external border and 3 days where it is conducted within the territory of a Member State. Any extension of the 5 days’ time limit should be reserved for exceptional situations at the external borders, where the capacities of the Member State to handle screenings are exceeded for reasons beyond its control such as crisis situations referred to in Article 1 of Regulation XXX/XXX [crisis proposal].
Amendment 250 #
Proposal for a regulation
Recital 20
Recital 20
(20) The Member States should determine appropriate locations for the screening, including at or in proximity to the external border taking into account geography and existing infrastructures, ensuring that apprehended third-country nationals as well as those who present themselves at a border crossing point can be swiftly submitted to the screening. The tasks relaMember States shall guarantede tohat the screening may be carried out in hotspot areas as referred to in point (23) of Article 2 of Regulation (EU) 2019/1896 of the European Parliament and of the Council23 . _________________ 23 Regulation (EU) 2019/1896 of the European Parliamentrelevant reception conditions established by Directive (EU)XXX/XXX [Reception Conditions Directive recast] apply during the screening. Children, families and of the Council of 13 November 2019 on the European Border and Coast Guard, OJ L 295, 14.11.2019, p. 1r vulnerable groups should be prioritised and referred to adequate accommodation immediately after arrival.
Amendment 256 #
Proposal for a regulation
Recital 21
Recital 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 2016/399, those referred to in Article 5 of the [Asylum Procedures Regulation] as well as those responsible for carrying out return procedures respecting Directive 2008/115. Child protection authorities should also be closely involved in the screening wherever necessaryn dealing with minors or person claiming to be minors to ensure that the best interests of the child are duly taken into account throughout the screening. Member States should be allowed to avail themselves of the support of the relevant agencies, in particular the European Border and Coast Guard Agency and the [European Union Agency for 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 Council24 . _________________ 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.
Amendment 259 #
Proposal for a regulation
Recital 22
Recital 22
(22) When conducting the screening, the competent authorities should comply with the Charter of Fundamental Rights of the European Union 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 chil or gender identity. The best interests of the child should always be the primary consideration in any decision affecting children. Since the administrative detention of children for migration purposes is never in the best interests of the child, unaccompanied children and children with families shall never be detained.
Amendment 271 #
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure compliance with EU and international law, including the Charter of Fundamental Rights, during the screening, each Member State shouldall establish a monitoring mechanism andduring border surveillance, screening, all asylum and return procedures as well as in situations of crisis in the field of migration and asylum. It shall put in place adequate safeguards for the independence thereof. The monitoring mechanism should cover in particular the respect for fundamental rights in relation to the screening, as well as the respect for the applicable national rules regardingand effectiveness thereof, launch investigations where necessary and draw up disciplinary and dissuasive measures. The monitoring mechanism should cover in particular the respect for fundamental rights including the use of detention and compliance with the principle of non- refoulement as referred to in Article 3(b) of Regulation (EU) 2016/399. The Fundamental Rights Agency shouldall establish general guidance as to the establishment and the independent functioning of such monitoring mechanism. Member States shouldall furthermore be allowed to request the support of the Fundamental Rights Agency for developing their national monitoring mechanism. Member States should also be allowed to seek advice from the Fundamental Rights Agency with regard to establishing the methodology for this monitoring mechanism and with regard to appropriate training measures. Member States should also be allowed to invite rRelevant and competent national, international and non-governmental organisations and bodies to participate in the monitoring. The independent monitoring mechanism should be 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. The Member States should investigate allegations of the breach of the fundamental rights during the screening, including by ensuring that complaints are dealt with expeditiously and in an appropriate wadependently.
Amendment 278 #
Proposal for a regulation
Recital 24
Recital 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, to the authorities competent for return or to the authorities competent for returnfusal of entry – depending on whom the individual is referred to. In the former case, the authorities resThis should be without prejudice to the ponssible for the screening should also indicate any elements which may seem to be relevant for determining whether the competent authorities should submit the application of theility of Member States to authorise third country nationals to enter and or remain on the territory for other grounds under national, Union or international law. Member States shall ensure that all third- country national concerned to an accelerated examination procedure or to the border procedures subject to the screening are duly informed by qualified and trained staff about their rights and the possibility to apply for international protection.
Amendment 282 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24 a) Member States should ensure that the procedure of the de-briefing is accompanied by formal procedural safeguards. All third country nationals should have the possibility to challenge the information recorded in the de- briefing form and have access to an effective legal remedy regarding the outcome of the screening.
Amendment 289 #
Proposal for a regulation
Recital 26
Recital 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. If it is clear from the circumstances that such examination is not needed, in particular because the overall condition of the person appears to be very good, the examination should not take place and the person concerned should be informed of that fact. The preliminary health examination should be carried out by the qualified health authorities of the Member State concerned. With regard to third-country nationals apprehended within the territory, the preliminary medical examination should be carried out where it is deemed necessary at first sight.
Amendment 291 #
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) Third country nationals submitted to the screening shall be subject to a preliminary vulnerability check with a view to identifying any vulnerabilities or specific procedural and reception needs within the meaning of point 13 of Article 2(1) of Directive (EU) XXX/XXX [Reception Conditions Directive]. This preliminary vulnerability check should be without prejudice to a full vulnerability assessment in the next procedure as referred to in Article 21 of that Directive.
Amendment 297 #
Proposal for a regulation
Recital 27
Recital 27
(27) During the screening, all persons concerned shouldall 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. Particular attention should be paid to individuals with vulnerabilities, such as pregnant women, elderly persons, single parent families, persons with an immediately identifiable physical or mental disability, persons visibly having suffered psychological or physical trauma and unaccompanied minorsthe same reception conditions apply during the screening as those established by Directive XXX/XXX/EU [Reception Conditions Directive recast] , including access to emergency health care and essential treatment of illnesses. Particular attention should be paid to individuals with vulnerabilities, such as listed in Article 20 of Directive(EU) XXX/XXX (Reception Conditions Directive). In particular, in case of a minor, information should be provided in a child-friendly and age appropriate manner. 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.
Amendment 298 #
Proposal for a regulation
Recital 27
Recital 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. Particular attention should be paid to individuals with vulnerabilities, such as pregnant women, elderly persons, single parent families, persons with an immediately identifiable physical or mental disability, persons visibly having suffered psychological or physical trauma and unaccompanied minors. In particular, in case of a minor, information should be provided in a child-friendly and age appropriate manner. All the authorities involved in the performance of the tasks related to the screening shouldall respect human dignity, privacy, and refrain from any discriminating actions or behaviour.
Amendment 306 #
Proposal for a regulation
Recital 29
Recital 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 is kept for no longer than strictly necessary for the purposes of the underlying systems and shouldall automatically be deleted where the data are deleted from the underlying systems. Consultation of the CIR enables a reliable and exhaustive 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 a maximum protection of the data and avoiding unnecessary processing or duplication of data. _________________ 25 Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA, OJ L 135, 22.5.2019, p. 27.
Amendment 312 #
Proposal for a regulation
Recital 32
Recital 32
(32) Given that many persons submitted to the screening may not carry any travel documents, the authorities conducting the screening should have access to any other relevant documents held by the persons concerned 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, albeit in full compliance with GDPR.
Amendment 318 #
Proposal for a regulation
Recital 33
Recital 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 specialextraordinary circumstances duly justifying such repetition.
Amendment 321 #
Proposal for a regulation
Recital 34
Recital 34
(34) In order to ensure uniform conditions for the implementation of Articles 11(5) and 12(5) of this Regulation, implementing powersthe power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) should be conferrdelegated ton 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. _________________ 26 Reg in respect of: - the procedure and specifications for retrieving data, processing and using data according to Article 11(5), - the procedure for cooperation between the authorities responsible for carrying out the screening, Interpol National Central Bureaux, Europol national unit, and ECRIS-TCN central authorities, respectively, to determine the risk to internal security according to Articles 12(5). It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of thes be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 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 State' experts, and their experts systematically have access to meetings of Commission's expercise of implementing power (OJ L 55, 28.2.2011, p. 13)t groups dealing with the preparation of delegated acts.
Amendment 323 #
Proposal for a regulation
Recital 35
Recital 35
(35) The screening should also assess whether the entry of the third-country nationals into the Union could pose a threat to internal security or to public policy.
Amendment 339 #
Proposal for a regulation
Recital 41
Recital 41
(41) Where justified for the purpose of the security check, the screening could also include verification of objects in the possession of third-country nationals, in accordance with national law and GDPR. Any measures applied in this context should be proportionate and should respect the human dignity of the persons subject to the screening. The authorities involved should ensure that the fundamental rights of the individuals concerned are respected, including the right to protection of personal data and freedom of expression as well as child-specific safeguards whenever children are involved.
Amendment 342 #
Proposal for a regulation
Recital 42
Recital 42
(42) Since access to EES, ETIAS, VIS and ECRIS-TCN is necessary for the authorities designated to carry out the screening in order to establish whether the person could pose a threat to the internal security or to public policy, Regulation (EC) No 767/2008, Regulation (EU) 2017/2226, Regulation (EU) 2018/1240 and Regulation (EC) No 2019/816, respectively, should be amended to provide for this additional access right which is currently not provided by those Regulations. In the case of Regulation (EU) No 2019/816, this amendment should for reasons of variable geometry take place through a different regulation than the present one.
Amendment 348 #
Proposal for a regulation
Recital 45
Recital 45
(45) Since the objectives of this Regulation, namely the strengthening of the controreferral of persons who are about to enter the Schengen area and their referral to the appropriate procedures, the preliminary identification of individuals in situations of vulnerability and in need of health care, as well as those posing a threat to internal security. As this cannot be achieved by Member States acting alone, it is necessary to establish common rules at Union level. Thus, 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, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 365 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
The purpose of the screening shall be the strengthening of the controreferral of persons who are about to enter the Schengen area and their referral to the appropriate procedures, the preliminary identification of individuals in situations of vulnerability and in need of health care, as well as those posing a threat to internal security.
Amendment 373 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
The object of the screening shall be the identification of all third-country nationals subject to it and the verification against relevant databases that the persons subject to it do not pose a threat to internal security. The screening shall also entail preliminary health checks, where appropriate, to identify persons vulnerable and those with specific reception or procedural needs, and in the need of health care as well the ones posing a threat to public health. Those checks shall contribute to referring such persons to the appropriate procedure.
Amendment 376 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 389 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
5 a. ‘stateless person’ means a stateless person as laid down in Article 1 of the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954;
Amendment 393 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 b (new)
Article 2 – paragraph 1 – point 5 b (new)
5 b. ‘unaccompanied minor’ means a minor who arrives on the territory of the Member State unaccompanied by an adult responsible for him or her, whether by law or by the practice of the Member State concerned, and for as long as he or she is not effectively taken into the care of such an adult; it includes a minor who is left unaccompanied after he or she has entered the territory of a Member State, as defined in the Directive (EU) XXX/XXX [Reception Conditions Directive recast];
Amendment 394 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 c (new)
Article 2 – paragraph 1 – point 5 c (new)
5 c. ‘guardian’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to safeguarding the best interest of the child, and his or her well-being, and exercising legal capacity for the minor where necessary, as defined in Article 4(2)(f) of Regulation (EU) XXX/XXX (Asylum Procedures Regulation);
Amendment 401 #
Proposal for a regulation
Article 3 – title
Article 3 – title
Screening at the external border
Amendment 429 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. During the screening, the persons referred to in Article 3, paragraphs 1 and 2 shall not be authorised to enter the territory of a Member State. However, those persons should always be granted the right to remain on the territory of a Member State during the screening procedure and to be treated in accordance with recognised basic human standards in accordance with Article 31 of the Geneva Convention (1951).
Amendment 431 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Amendment 441 #
Proposal for a regulation
Article 5
Article 5
Amendment 449 #
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 a locations situated at or in proximity to the external border within the territory of the Member State, including situated at or in proximity to the external borders, provided that the relevant provisions laid down in Articles 5, 6, 6a, 7, 8, 9, 10, 11, 12, 16, 17, 18, 20, 21, 22, 23, 24 of Directive XXX/XXX/EU [Reception Conditions Directive recast] can be applied in these locations. Particular attention shall be paid to specific procedural and reception needs, in line with the Article 20 of that directive. Facilities used for the purposes of screening shall be entirely funded from the Union budget. This shall include the construction, running and renovation of current and future facilities.
Amendment 457 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 460 #
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, the 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, 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 470 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 475 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 479 #
Proposal for a regulation
Article 6 – paragraph 6 – point b
Article 6 – paragraph 6 – point b
(b) identification as referred to in Article 10; where an individual claims not to have any nationality or when there are reasonable grounds to believe an individual may be stateless, this should be clearly registered pending a full determination of whether the individual is stateless in a separate procedure;
Amendment 480 #
Proposal for a regulation
Article 6 – paragraph 6 – point b a (new)
Article 6 – paragraph 6 – point b a (new)
(b a) a preliminary vulnerability check as referred to in Article 9a;
Amendment 487 #
Proposal for a regulation
Article 6 – paragraph 6 – point f
Article 6 – paragraph 6 – point f
(f) referral to the appropriate procedure or refusal of entry as referred to in Article 14.
Amendment 489 #
Proposal for a regulation
Article 6 – paragraph 7 – introductory part
Article 6 – paragraph 7 – introductory part
7. Member States shall designate qualified and competent border authorities to carry out the screening, including asylum authorities and border police, to carry out the identification and security checks and shall ensure that the staff of those competent authorities have received the appropriate training in accordance with Article 18 of Regulation (EU) XXX/XXX [EU Asylum Agency]. They shall deploy appropriate staff and sufficient resources to carry out the screening in an efficient way and within the foreseen timeframe.
Amendment 492 #
Proposal for a regulation
Article 6 – paragraph 7 – subparagraph 1
Article 6 – paragraph 7 – subparagraph 1
Member States shall designate qualified and appropriately trained medical staff to carry out the health check provided for in Article 9. National child protection authorities and national anti- trafficking rapporteurs shall also be involved, where appropriate as well as qualified and appropriately trained staff to carry out the vulnerability check provided for in Article 9a. In cases of scarce ressources, national authorities can apply for financial support from the EU budget. Each Member State shall notify the Commission of the authorities listed above. Member States shall inform the Commission of any changes in the identity of such authorities.
Amendment 496 #
Proposal for a regulation
Article 6 – paragraph 7 – subparagraph 1 a (new)
Article 6 – paragraph 7 – subparagraph 1 a (new)
Amendment 499 #
Proposal for a regulation
Article 6 – paragraph 7 – subparagraph 2
Article 6 – paragraph 7 – subparagraph 2
The proper functionning of screening and its compliance with the Charter of Fundamental Rights inherently depends on the availability of adequate and qualified staff at all stages of the procedure. The competent authorities mayshall therefore be assisted or supported in the performance of the screening by experts or liaison officers and teams deployed by Union bodies, offices and agencies, international organisations and non- governmental organisations, in particular the European Border and Coast Guard Agency and the [European Union Agency for Asylum] within the limits of their mandates. In particular, this shall be the case when the Member State is faced with a situation of mass influx of persons arriving and where its operational structure and asylum system is overburdened. The Commission should also assist the competent authorities in planning the allocation of qualified staff, with a view to ensuring a level playing field in all Member State. Where a Union body, office or agency deems it necessary to propose support to a specific Member State, that Member State should take due account of that proposal and should be able to accept, amend or reject it.
Amendment 504 #
Proposal for a regulation
Article 6 – paragraph 7 a (new)
Article 6 – paragraph 7 a (new)
7 a. Third country nationals shall be informed of their right to access free legal advice or counselling during the screening and Member States shall enable such access if the third country nationals request so orally or in writing.
Amendment 508 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall adopt relevant provisions to investigate allegations of non-respect for fundamental rights in relation to tduring border surveillance, screening, all asylum and return procedures as well as in situations of crisis in the field of migration and asylum. They screeninghall draw up clear and proportionate disciplinary measures under national law in case allegations prove to be true.
Amendment 509 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall, without undue delay, adopt relevant provisions to investigate allegations of non-respect for fundamental rights in relation to the screening.
Amendment 526 #
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 the Charter of Fundamental Rights, during the screening;
Amendment 533 #
Proposal for a regulation
Article 7 – paragraph 2 – indent 2
Article 7 – paragraph 2 – indent 2
— where applicable, to ensure compliance with Union and national rules on detention of the person concerned, in particular concerning the grounds, conditions and the duration of the detention;
Amendment 540 #
Proposal for a regulation
Article 7 – paragraph 2 – indent 3
Article 7 – paragraph 2 – indent 3
— 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 delaythe best interest of the child, right to health care, data protection and reception conditions are dealt with effectively and without undue delay. Access to justice for affected individuals shall be clarified.
Amendment 547 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph -1 (new)
Article 7 – paragraph 2 – subparagraph -1 (new)
-1 Monitoring shall apply to national authorities as well as any EU agencies and bodies involved in the above mentionned procedures. Member States shall invite relevant and independent national, international and non- governmental organisations and bodies, including data protection authorities, to actively participate in the monitoring. Member States shall give the monitoring authorities unhindered access to relevant documents and facilities.
Amendment 552 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
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. These safeguards shall include selecting independent relevant national and international actors, including at least one representative from the Fundamental Rights Agency (FRA) and one representative from the EU Ombudsman or national ombudspersons, to review the independence of the mechanism on an annual basis and report back to the Commission, the Council and the European Parliament.
Amendment 560 #
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 mayshould 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 568 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3
Article 7 – paragraph 2 – subparagraph 3
Amendment 575 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3 a (new)
Article 7 – paragraph 2 – subparagraph 3 a (new)
Member States shall, on an annual basis, report back to the Commission, the Council and the European Parliament on potential allegations of non-respect for fundamental rights in relation to the screening process, if any.
Amendment 576 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3 a (new)
Article 7 – paragraph 2 – subparagraph 3 a (new)
If needed, the mechanism should be able to receive funding via the Integrated Border Management Fund (IBMF) or any other relevant EU fund.
Amendment 584 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Third-country nationals subject to the screening shall be succinctly and adequately informed about the purpose and the modalities of the screening:
Amendment 587 #
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the steps and modalities of the screening as well as possible outcomes of the screening;, in particular their right to apply for international protection or other forms of protection applicable in national law.
Amendment 590 #
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the rights and obligations of third country nationals during the screening, including the possibility to contact and be contacted by organisations which provide information and legal assistance as referred to in Article 8(4) as well as the obligation on them to remain in the designated facilities during the screening.
Amendment 607 #
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) the applicable rules on the conditions of entry for third-country nationals in accordance with Regulation (No) 2016/399 [Schengen Border Code], as well as on other conditions of entry, stay and residence of the Member State concerned, to the extent this information has not been given already;
Amendment 609 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 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 obligation to apply for international protection in the Member State of first entry or legal stay set out in Article [9(1) and (2)] of Regulation (EU) No XXX/XXX [ex-Dublin Regulation], the consequences of non- compliance set out in Article [10(1)] of that Regulation, and the information set out in Article 11 of that Regulation as well as on the procedures that follow the making of an application for international protection;
Amendment 616 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The information provided during the screening shall be given in a language and format which the third-country national understands or is reasonably supposed to understand. The information shall be given in writing and, in exceptional circumstances, where necessary, orally using interpretation services where necessary. It shall be provided in an appropriate manner taking into account the age and the gender of the person. When the person is a child, information shall be provided in a child- friendly manner.
Amendment 626 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States mayshall authorise relevant and competent national, international and non-governmental organisations and bodies to provide third country nationals with information under this article and legal advice during the screening according to the provisions established by national law.
Amendment 631 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Amendment 633 #
Proposal for a regulation
Article 9 – paragraph 1
Article 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 staff with a view to identifying any needs for immediate care or isolation on public health grounds, unless, based on the circumstances concerning the general state of the individual third-country nationals concerned and the grounds for directing them to the screening, the relevant competent authorities are satisfied that no preliminary medical screening is necessary. In that case, they shall inform those persons accordinglyand long-term care, as well as isolation on public health grounds.
Amendment 641 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where relevantIn addition, it shall be checked whether persons referred to in paragraph 1 are in a vulnerable situation, which can include victims of torture or have special reception or procedural needs within the meaning of Article 20 of the [recast] Reception Conditions Directive.
Amendment 643 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 650 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 654 #
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Amendment 656 #
Article 9 b Special guarantees for unaccompanied minors 1. The best interest of the child shall be the primary concern at every step of the screening, in line with the safeguards provided for in Directive (EU) XXX/XXX [Reception Conditions Directive recast], in particular Articles 11, 12, 13, 14, 20, 21, 22 and 23. 2. Minors, whether accompanied or unaccompanied, shall be considered applicants in need of specific procedural guarantees. 3. The appointed guardians of non- accompanied minors as referred to in Article 6 of this Regulation shall have the necessary qualifications and expertise and receive continuous and appropriate training to that end, and shall not have a verified criminal record, with particular regard to any of child-related crimes or offences. After his or her appointment, the guardian’s criminal record shall be regularly reviewed by the competent authorities to identify potential incompatibilities with his or her role. 4. Screening shall not entail an age assessment procedure.
Amendment 661 #
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) data or information provided by or obtained from the third-country national concerned; and
Amendment 663 #
Proposal for a regulation
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
(c) biometric data, as defined in Regulation (EU) XXX/XXX [Eurodac Regulation];
Amendment 671 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. For the purpose of the identification referred to in paragraph 1, the designated competent authorities shall query any relevant national databases as well as the common identity repository (CIR) referred to in Article 17 of Regulation (EU) 2019/817. The biometric data of a third- country national taken live during the screening, as well as the identity data and, where available, travel document data shall be used to that end.
Amendment 674 #
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4 a. Querying the CIR shall be limited to pure consultation. Storage or use of data for other purposes than identifying the individual shall be strictly prohibited.
Amendment 678 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Third country nationals submitted to the screening pursuant to Article 3 or Article 5 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, the principles of necessity and proportionality as well as GDPR shall apply to any searches carried out and shall be scrutinised by the fundamental rights monitoring mechanism set up under Article 7 of this Regulation.
Amendment 682 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. For the purpose of conducting the security check referred to in paragraph 1, and to the extent that they have not yet done so in accordance with Article 8(3), point (a)(vi), of Regulation (EU) 2016/399, the competent authorities designated to carry out the screening shall query relevant national and Union databases, in particular the Schengen Information System (SIS).
Amendment 685 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. To the extent it has not been already done during the checks referred to in Article 8 of Regulation (EU) 2016/399, the designated competent authority shall query the Entry/Exit System (EES), the European Travel Information and Authorisation System (ETIAS), including the ETIAS watch list referred to in Article 29 of Regulation (EU) 2018/1240, the Visa Information System (VIS), the ECRIS- TCN system as far as convictions related to terrorist offences and other forms of serious criminal offences are concerned, the Europol data processed for the purpose referred to in Article 18(2), point (a), of Regulation (EU) 2016/794, and the Interpol Travel Documents Associated with Notices database (Interpol TDAWN) with the data referred to in Article 10(1) and using at least the data referred to under point (c) thereof.
Amendment 689 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. The Commission shall adopt implementingdelegated acts setting out the detailed procedure and specifications for retrieving data. Those implementing, processing and using data. Those delegated acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).
Amendment 691 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The queries provided for in Article 10(2) and in Article 11(2) mayshall 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 . _________________ 36 Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration, OJ L 135, 22.5.2019, p. 85.
Amendment 701 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The Commission shall adopt implementingdelegated acts to specify the procedure for cooperation between the authorities responsible for carrying out the screening, Interpol National Central Bureaux, Europol national unit, and ECRIS-TCN central authorities, respectively, to determine the risk to internal security. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).
Amendment 706 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
On completion of the screening, the competent authorities shall, with regard to the persons referred to in Article 3 and in Article 5, complete the form in Annex I containing:
Amendment 712 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) initial indication of nationalities or statelessness, countries of residence prior to arrival and languages spoken;
Amendment 715 #
Proposal for a regulation
Article 13 – paragraph 1 – point b a (new)
Article 13 – paragraph 1 – point b a (new)
(b a) relevant information on the preliminary health checks, in accordance with GDPR;
Amendment 716 #
Proposal for a regulation
Article 13 – paragraph 1 – point b b (new)
Article 13 – paragraph 1 – point b b (new)
(b b) relevant information of the preliminary vulnerabilities check as well as specific reception or procedural needs identified and /or the checks that were not completed during the screening procedure;
Amendment 719 #
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) reason for unauthorised arrival, entry, and, where appropriate illegal stay or residencecircumstances of arrival, entry, including information on whether the person made an application for international protection;
Amendment 727 #
Proposal for a regulation
Article 13 – paragraph 1 – point e
Article 13 – paragraph 1 – point e
Amendment 730 #
Proposal for a regulation
Article 13 – paragraph 1 – point e a (new)
Article 13 – paragraph 1 – point e a (new)
(e a) information on family members or close adult relatives present in the EU as defined in Directive (EU) XXX/XXX [Reception Conditions Directive recast];
Amendment 733 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
The de-briefing form is an administrative decision amenable to appeal. The person shall be advised about appeal channels and receive a copy of the de-briefing form before the form is transmitted to the authorities and be able to review, rectify and challenge the information provided in the de-briefing form.
Amendment 747 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – indent 1
Article 14 – paragraph 1 – subparagraph 1 – indent 1
— have not expressed their wish to appliedy for international protection and
Amendment 753 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – indent 2 a (new)
Article 14 – paragraph 1 – subparagraph 1 – indent 2 a (new)
- are not eligible to enter or remain on the territory for any other ground under Member State legislation, Union or international law;
Amendment 762 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
In cases not related to search and rescue operations, entry may be refused in accordance with the full procedure laid down in Article 14 of Regulation 2016/399.
Amendment 765 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 3 a (new)
Article 14 – paragraph 1 – subparagraph 3 a (new)
In cases affecting minors, the best interests of the child shall be the primary consideration. This requires that procedures respecting Directive (EU) 2008/115/EC (Return Directive) may only be applied after a documented best interests of the child procedure is carried out by a multidisciplinary team assessing and identifying a durable solution. If the procedure concludes that return is considered to be in the best interests of the child, priority should be given to implementation through voluntary departure with child-specific assistance.
Amendment 768 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Third-country nationals who made an application for international protection shall be referred to the asylum authorities referred to in Article XY of Regulation (EU) No XXX/XXX [Asylum Procedure Regulation], together with the form referred to in Article 13 of this Regulation. On that occasion, the authorities conducting the screening shall point in the de-briefing form to any elements which seem at first sight to be relevant to refer the third-country nationals concerned into the accelerated examination procedure or the border procedure.
Amendment 772 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 777 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
Amendment 783 #
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 return, return or refusal of entry, 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 procedurethen automatically be referred to the ordinary asylum procedure laid down in Regulation (EU) XXX/202X (Asylum Procedures Regulation).
Amendment 787 #
Proposal for a regulation
Article 14 – paragraph 7 a (new)
Article 14 – paragraph 7 a (new)
7 a. The third-country national concerned shall be afforded an effective remedy to appeal against or seek review of the outcome of the screening in accordance with national law. A written indication of contact points able to provide information on representatives competent to act on behalf of the third- country national in accordance with national law shall also be given to the third-country national in a language that they understand. The appeal shall be lodged immediately after the referral has been communicated to the third-country national. Lodging such an appeal shall not have suspensive effect on the referral of the third country national to the subsequent procedure. The appeal shall be processed rapidly and its outcome communicated in writing to the third- country national.
Amendment 803 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
[Three year18 months after entry into force, the Commission shall report on the implementation of the measures set out in this Regulation.]
Amendment 807 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
No sooner than [fivthree] 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.
Amendment 810 #
Proposal for a regulation
Annex 1 – point 5
Annex 1 – point 5
5.Nationality/ies or statelessness (initial indication):
Amendment 812 #
Proposal for a regulation
Annex 1 – point 7
Annex 1 – point 7
7.Reason to perform screeningfor which the screening was performed: A. Irregular entry Please specify also, as appropriate: no/forged/ falsified travel document, no/forged/ falsified visa or travel authorisation, other B. Arrival via search and rescue C. Application for international protection at a Border Crossing Point D. no indication of a border check at an external border: □ no stamp in a travel document/no entry in the Entry Exit System □ no travel documenteleted Deleted Deleted
Amendment 814 #
Proposal for a regulation
Annex 1 – point 8a (new)
Annex 1 – point 8a (new)
Amendment 815 #
Proposal for a regulation
Annex 1 – point 8b (new)
Annex 1 – point 8b (new)
8b. Preliminary vulnerabilities check carried out □ Yes □ No If yes, specific reception or procedural needs identified and /or the checks that were not completed during the screening procedure:
Amendment 816 #
Proposal for a regulation
Annex 1 – point 8c (new)
Annex 1 – point 8c (new)
8c. Family members or close relatives present in the EU: □ Yes □ No If yes, please provide details of the relevant family members or close relatives and the relevant Member State.
Amendment 817 #
Proposal for a regulation
Annex 1 – point 10
Annex 1 – point 10
Amendment 821 #
Proposal for a regulation
Annex 1 – point 11
Annex 1 – point 11
Amendment 826 #
Proposal for a regulation
Annex 1 – point 13
Annex 1 – point 13
Amendment 827 #
Proposal for a regulation
Annex 1 – point 16a (new)
Annex 1 – point 16a (new)
16a. Comments and approval by designated interpretation services: Signature/s of official interpreter/s (name + service):