156 Amendments of Anne-Sophie PELLETIER related to 2020/0278(COD)
Amendment 145 #
Proposal for a regulation
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The European Parliament rejects the Commission proposal.
Amendment 146 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL introducing a screening of third country nationals at the external borders and amending Regulations (EC) No 767/2008, (EU) 2017/2226, (EU) 2018/1240 and (EU) 2019/817
Amendment 148 #
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular points (b) and (d) of Article 77(2) and point (e) of Article 78(2) thereof,
Amendment 150 #
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 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, the management of the external border and the full respect of fundamental rights during all related actions and procedures.
Amendment 154 #
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 shouldto address situations where third- country nationals manage to avoidhave not been subject to 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 or at any other part of the external borders, 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 160 #
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 efficientlyto be referred to the relevant procedures which, depending on the circumstances, can be the common procedures for international protection or procedures respecting Directive 2008/115/ECas laid down in Regulation (EU) XXXX/202X of the European Parliament and of the Council (the “Return Directive”)22 . 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[Asylum Procedures Regulation]. This is without prejudice to the protection of persons identified as stateless or at risk of statelessness, who should be referred to the competent authorities to determine whether the individual is stateless and offer adequate protection, in accordance with international and national law. Once the Screening is over and if a third -country nationals when crossing the external border. _________________ 22 Directive 2008/115/EC of the European Parliament has clearly denied to apply for international protection and is not eligible to apply for a residence permit or other authorisation offering a right to stay for compassionate, humanitariand 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. 98r other grounds under Member State legislation or other provisions of Union or international law, then the Member State competent authorities may decide that the person should be returned. In such cases Directive (EU)2008/115/EC (Return Directive) should apply. The screening should seamlessly complement the checks carried out at the external border.
Amendment 168 #
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 combat illegal migration andprotect victims of 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 protectionshould be proportionate to the objectives pursued and enable decisions under this Regulation to be taken on an individual basis.
Amendment 177 #
Proposal for a regulation
Recital 5
Recital 5
(5) In accordance with Article 2 of Regulation (EU) 2016/399, border control consists of border checks carried out at the border crossing points and border surveillance, which is carried out between the border crossing points, in order to prevent third-country nationals from circumventing border checks. In accordance with Article 13 of Regulation (EU) 2016/399 a person who has crossed a border in an unauthorised manner and who has no right to stay on the territory of the Member State concerned shall be apprehended and made subject to procedures respecting Directive 2008/115/EC. IHowever, also in accordance with Article 3 of the same Regulation (EU) 2016/399, border control should be carried out without prejudice to the rights of refugees and persons requesting international protection, in particular as regards non- refoulement and, in accordance with Article 4, Member States shall, among others, act in full compliance with relevant Union law, including the Charter of Fundamental Rights of the European Union (‘the Charter’), relevant international law, including the Convention Relating to the Status of Refugees done at Geneva on 28 July 1951 (‘the Geneva Convention’).
Amendment 180 #
Proposal for a regulation
Recital 6
Recital 6
(6) Border guards are often confronted with situations where third-country nationals, whoithout travel documents, 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 can occur at the same time. In suchall circumstances, it is particularly difficult to ensure that all relevant databases are consulted and to immediately determine the appropriate asylum or return procedurethe relevant procedures should take place in compliance with all established safeguards.
Amendment 187 #
Proposal for a regulation
Recital 7
Recital 7
(7) In order to ensure a swift handling ofimprove procedures in regards to third- country nationals who try to avoidhave not been subject to 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 or at any other part of the external borders, cooperation, it is necessary to provide a stronger framework for cooperationeded between the different national authorities such as those responsible for border control, for the protection of public health,individual and public health, for child protection and for the examination of the needrequests for international protection and the application of return procedures.
Amendment 192 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 195 #
Proposal for a regulation
Recital 9
Recital 9
(9) With regard to those persons who apply for international protection, the screening should be followed by antake place during the initial stage of the examination of the needrequest 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 ofThe screening authorities should provide all the information relating to the third country national to the authorities examining their application, thus speeding up that examination. The screening should also ensure for international protection in a way that the third country national has also full knowledge of. The screening should also contribute to identifying vulnerabilities so that persons with special needs are identified at an early stage, so that in order for any special reception and procedural needs arto be fully taken into account in the determination of and the pursuit of the applicable procedure. . However, a third-country national may be identified as a person with special needs even after the screening process has ended and this should then be taken into account.
Amendment 206 #
Proposal for a regulation
Recital 11
Recital 11
(11) This Regulation should apply to third-country nationals and stateless persons who are apprehended in connection with the unauthorisedirregular crossings of the external border of a Member State by land, sea or air, except third country nationals for whom the Member State is not required to take the biometric data pursuant to Article 14(1) and (3) of the Eurodac Regulation for reasons other than their age, as well as to persons who have been disembarked following search and rescue operations, regardless of whether they apply or not for international protection. This Regulation should also apply to those who seek international protection at the border crossing points or in transit zones without fulfilling the entry conditions.
Amendment 207 #
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 territory. Thewithin the territory of the Member State at any appropriate location that guarantees the proper implementation of Regulation(EU) XXXX/202X of the European Parliament and of the Council [Asylum Procedures Regulation] and of Directive 2013/33/EU of the European Parliament and of the Council [Reception Conditions Directive] and would ensure that third-country nationals may exercise their rights, including effective access to legal aid. Member States shcould apply measures pursuant to national law to prevent the persons concerned from entdecide that the third country nationals should reside in a specific place but this should not result in their detention, particularly when these are unaccompanied children or children in families who should never be detained as detention is never ing the territory during the screening. In individual cases, where required, this may include detention, subject to the national law regulating that matterbest interests of the child and should never be applied to them. Hence, the use of detention should only be as a last resort, when ordered in writing by judicial or administrative authorities and subject to the relevant Union and national law after an individual examination and vulnerability screening and unless other less coercive measures can be applied effectively in a specific case.
Amendment 214 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) Member States should guarantee access to legal counselling and advice, including free legal aid, as well as to linguistic services and assistance, to all persons subject to the screening. Organisations and persons providing legal counselling should have effective and unimpeded access to the facilities and locations where the screening takes place.
Amendment 216 #
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12 b) The EDPB-EDPS Joint Opinion 5/2021 names certain technologies that pose a high risk of fundamental rights violations, such as facial recognition in the public space, as well as other biometric surveillance software, emotional recognition software and behavioural recognition software. These technologies are often tested or deployed in or around borders, in the context of border management activities, in and around reception facilities and screening facilities. Third-country nationals should be protected against these intrusive forms of surveillance and violations of fundamental rights.
Amendment 219 #
Proposal for a regulation
Recital 13
Recital 13
Amendment 229 #
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), as appropriate. The relevantThe 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 2008/115refusal of entry, as defined in Regulation(EU) No 2016/399, 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 applyingfor persons not having entered yet the territory of the Member States, such as transit areas, and only at official land and air border crossing points. In compliance with the principle of non-refoulement, upon a third-country national’s wish to make an application for international protection, whether this happens at the moment of apprehension, in the course of border control at the border crossing point or at any part of the external borders or during the screening, the person should be considered applicants therefore, from that moment, Regulation(EU) xxxx/xxxx [Asylum Procedure Regulation] and Directive 2013/33/EU [Reception Conditions Directive] apply. Where applicable, persons identified as stateless or at risk of statelessness should also be referred to the competent authorities to determine whether the individual is stateless and offer adequate protection, in accordance with international and national law.
Amendment 235 #
Proposal for a regulation
Recital 17
Recital 17
(17) The screening could also be followed by relocation 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 intMember States should relocate applicants for international protection swiftly and without undue delay after the screening, including persons disembarked after search and rescue opernational protection are not subject to the border procedure pursuant tos, under the automatic distribution mechanism established by Regulation (EU) No. XXX/XXX ([Asylum Procedures Regulation)and Migration Management], or under the mechanism addressing situations of crisis established by Regulation (EU) XXX/XXX [Regulation on situations of crisis]. Unaccompanied minors and families with minors, as well as vulnerable applicants should have their transfers prioritised. The right to family reunification should always be respected.
Amendment 239 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 245 #
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 249 #
Proposal for a regulation
Recital 20
Recital 20
Amendment 253 #
Proposal for a regulation
Recital 21
Recital 21
(21) In order to achieve the objectives of the screening, notably the recognition of vulnerabilities, close cooperation should be ensured between the competent national authorities referred to in Article 16 of Regulation 2016/399, and those referred to in Article 5 of the [Asylum Procedures Regulation] as well a. Child protection authorities tshose responsible for carrying out return procedures respecting Directive 2008/115. Child protection authorities should also be closely involved in the screening wherever necessary to ensure thatuld also be closely involved in the screening to ensure that the best interests of the child are duly taken into account throughout the screening. A representative should be appointed to represent and assist the unaccompanied minor during the screening. Where applicable, this representative should be the same as the representative to be appointed in accordance with Article 23 of Directive 2013/33/EU [Reception Conditions Directive]. Member States should seek the cooperation with the monitoring mechanism as established in Article 7 to ensure that all actions and procedures are in compliance with the brest 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 shoulpect of fundamental rights. In addition to the monitoring mechanism, NGOs and Civil Society Organisations specialised in child protection should be granted access to monitor procedures of identification, verification and age assessment. 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. The tasks, functions and activities performed by the relevant EU Agencies in support of Member States pursuant to this Regulation should fall under the scope of the independent monitoring mechanism to be established by each Member State in accordance with this Regulation. Member States should also put in place measures to identify potential victims of trafficking of human beings as early as possible to prevent further trafficking, provide them with protection and 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 260 #
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 childThe best interests of the child should be the primary consideration in the implementation of this Regulation.
Amendment 269 #
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 screeningin all operations taking place at the external borders and all procedures taking place in the context of migration, each Member State should establish a monitoring mechanism and 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 screeningborder surveillance, the screening, the asylum and return procedures, as well as the respect for the applicable national rules regarding 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 should establish general guidance as to the establishment and the independent functioning of such monitoring mechanism. Member States should furthermore be allowencouraged to request the support of the Fundamental Rights Agency for developing their national independent 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 relevant and competIndependent national, international and non-governmental organisations and bodies to participate in the monitoring, civil society organisations and human rights defenders should participate in the creation, management and operation of the monitoring mechanism and shall be ensured adequate protection when carrying out their work. 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 way. , the mechanism for the purpose of monitoring the operational and technical application of the Common European Asylum System (CEAS) as set out in Article 14 of Regulation (EU) xxxx/xxxx [EU Asylum Agency Regulation] and in addition to the possible monitoring carried out by existing national or international monitoring bodies. The Member States should ensure that national independent authorities involved in the monitoring mechanism and the mechanism itself can properly conduct their work, including by providing access to sites or documents, and by conducting investigations and providing reporting. Member States should investigate allegations of the breach of the fundamental rights, including by ensuring that complaints are dealt with expeditiously and in an appropriate way, including by the establishment of effective, proportionate and dissuasive penalties and by procedures that, in cases of breaches of the law, will lead to the identification and sanctioning of those responsible.
Amendment 273 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23 a) Third-country nationals should be able to enjoy the highest standards of data protection, particularly given their potential vulnerabilities, the sensitivity of the data collected during the screening and the potential consequences of the information provided during the screening for their following procedures. The screening procedure should always be in line with Regulation (EU) 2016/679, Regulation 2018/1725 and, where relevant, Directive 2018/680, including the general principles of data minimisation and purpose limitation. National data protection authorities and the EDPB-EDPS should therefore be closely involved in the implementation of the screening procedures and in the monitoring mechanism foreseen in Article 7.
Amendment 276 #
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 or to the authorities competent for return – depending on whom the individual is referred to. In the former case, the authorities responsible f. The form, including the Annex, should have a limited retention period clearly defined and based on the principle that the data should be erased when they are no longer necessary in relation to the purposes for which they are collected or othe screening should also indicate any elements which may seem to be relevant for determining whether the competent authorities should submit the application of the third-country national concerned to an accelerated examination procedure or to the borderrwise processed. The third-country national concerned, should, obtain a copy of the de-briefing form and all information relating to him or her, before this is transmitted to the relevant authorities. The copy should be also in a language that the third-country national understands and should contain all relevant information for the person to exercise their rights to rectify or supplement data or information provided during the screening procedure.
Amendment 281 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24 a) This Regulation should not prevent Member States from the possibility to, at any moment, decide to grant an autonomous residence permit or other authorisation offering a right to stay for compassionate, humanitarian or other reasons to a third-country national entering or staying irregularly on their territory. In that event, no return decision should be issued. Where a return decision has already been issued, it shall be withdrawn or suspended for the duration of validity of the residence permit or other authorisation offering a right to stay.
Amendment 285 #
Proposal for a regulation
Recital 25
Recital 25
Amendment 286 #
Proposal for a regulation
Recital 26
Recital 26
(26) A pPreliminary health examination and vulnerability checks should be carried out on all persons submittedject to the screening at the external borders with a view to identifying persons in need of immediatea vulnerable situation with special reception needs, including in need of health 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 condprimary consideration. The preliminary health examination should be carried out by the health authoritiones 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 health authorities of the Member State concerned. With regard toMember State concerned, by qualified medical personnel. Member States should ensure the adequate staffing both in terms of numbers of medical professionals and their specific training, in particular as they may be dealing with children and persons having suffered various traumatic events. Preliminary health and vulnerability checks that have not been completed during the screening should be promptly resumed in the subsequent appropriate procedure in which the third- country nationals apprehended within the territory, the preliminary medical examination should be carried out where it is deemed necessary at first sight. concerned will be referred, without prejudice to the mandatory vulnerability checks to be carried out in the those procedures under Regulation (EU) No XX/XXX [Asylum and Migration Management Regulation] or Directive 2008/115 (return directive).
Amendment 295 #
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 disabilityWithout prejudice to Article 14 on refusal of entry, as defined in Regulation(EU) No 2016/399, during the screening all relevant provisions of Regulation(EU) xxxx/xxxx [Asylum Procedure Regulation] and Directive 2013/33/EU [Reception Conditions Directive] apply. Particular attention should be paid to vulnerable persons, such as children, unaccompanied children, pregnant women, elderly persons, single parent families, persons with physical or mental disability, victims of trafficking in human beings, victims of torture and inhumane and degrading treatment, victims of sexual and gender-based violence, persons visibly having suffered psychological or physical trauma and unaccompanied minorpersons with PTSD symptoms and stateless persons. In particular, in case of a minor,children information should be provided in a child-friendly and age appropriate manner and a, where appropriate, a representative should be appointed. 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. The “benefit of the doubt” principle in favour of the minor should always apply when a person’s age is unclear or contested, and no supporting documentation exists that proves his/her age. Age assessment procedures should only be initiated when there is a reasonable doubt that the person is not a minor and should foreground a presumption of minority, respect the best interests of the child and primarily use non-medical procedures. Under no circumstances should age assessment procedures use forced undressing or genitalia examination.
Amendment 301 #
Proposal for a regulation
Recital 28
Recital 28
(28) Since third-country nationals subject to the screening may not carry the necessary identity and travel documents required for the legal crossing of the external border, an identification procedure should be provided forconducted as part of the screening.
Amendment 309 #
Proposal for a regulation
Recital 30
Recital 30
(30) In order to establish the identity of the persons subject to the screening, a verification should be initiated in the CIR in the presence of the person during the screening. During that verification, the biometric data of the person should be checked against the data contained in the CIR. Where the biometric data of a person cannot be used or if a query with that data fails, the query could be carried out with identity data of the person in combination with travel document data, where such data are available. In accordance with the principles of necessity and proportionality, and where the query indicates that data on that person are stored in the CIR, Member State authorities should have access to the CIR to consult the identity data, travel document data and biometric data of that person, without the CIR providing any indication as to which EU information system the data belong to. Access to CIR by competent Member States authorities should be limited to the extent that it is strictly necessary for the performance of their specific tasks in accordance with those purposes, and should be proportionate to the objectives pursued.
Amendment 311 #
Proposal for a regulation
Recital 31
Recital 31
(31) Since the use of the CIR for identification purposes has been limited by Regulation (EU) 2019/817 to facilitating and assisting in the correct identification of persons registered in the EES, VIS, ETIAS, Eurodac and ECRIS- TCN in situations of police checks within the territory of the Member States, that RegulationRegulation (EU) 2019/817 needs to be amended to provide for the additional purpose of using the CIR to identify persons during the screening as established by this Regulation.
Amendment 317 #
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 special circumstances justifying such repetition. The collection of personal data, and in particular the taking of biometric data in accordance with Articles 10, 13 and 14a of Regulation (EU) xxxx/xxxx [Eurodac Regulation], should take place only once as part of the screening.
Amendment 320 #
Proposal for a regulation
Recital 34
Recital 34
Amendment 322 #
Proposal for a regulation
Recital 35
Recital 35
Amendment 327 #
Proposal for a regulation
Recital 36
Recital 36
(36) As the screening concerns persons present at the external border withouho may not fulfilling entry conditions, or disembarked after a search and rescue operawithout prejudice to the right to seek international protection, the security checks as part of the screening should be, at leasts long as they comply with the principles of necessity and proportionality, of a similar level as the checks performed in respect of third country nationals that apply on beforehand for an authorisation to enter the Union for a short stay, whether they are under a visa obligation or not. In this regard, the persons subject to screening should also have the same rights in relation to their data protection as those third-country nationals applying beforehand for an authorisation to enter the Union.
Amendment 333 #
Proposal for a regulation
Recital 39
Recital 39
(39) It follows from the reasoning developed in recital (36) that aAs regards persons subject to the screening, automated verifications for security purposes should be carried out against the same systems as is provided for applicants for a visa or for a travel authorisation under the European Travel Information and Authorisation System: the VIS, EES, ETIAS, SIS, ECRIS-TCN, Europol and Interpol’s SLTD and TDAWN. Persons submitted to the screening should also be checked against ECRIS-TCN as regards persons convicted in relation to terrorist offences and other forms of serious criminal offences, Europol data referred to in the preceding recital 38, the Interpol’s Lost and Stolen Travel Documents database and Travel Documents Associated with Notices databases (TDAWN)VIS, EES, SIS, Europol and Interpol’s SLTD.
Amendment 334 #
Proposal for a regulation
Recital 40
Recital 40
(40) Those checks should be conducted in a manner that ensures that only data necessary for carrying out the security checks is retrieved from those databases. With regard to persons who have requested international protection at a border crossing point, the consultation of databases for the security check as part of the screening should focus on the databases that were not consulted during the border checks at the external border, thus avoidingare consulted and that does not allow for repeated consultations.
Amendment 337 #
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. In any case, verification of objects and, more in general, the screening should not include the accessing of electronic devices in the possession of third-country nationals nor access to their private communications or social media accounts. 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.
Amendment 341 #
Proposal for a regulation
Recital 42
Recital 42
Amendment 344 #
Proposal for a regulation
Recital 43
Recital 43
(43) The European search portal (ESP) established by Regulation (EU) 2019/817 should be used to carry out the searches against the European databases, EES, ETIAS, VIS and ECRIS-TCN,ES and the VIS for identification or for the purpose of security checks, as applicable.
Amendment 347 #
Proposal for a regulation
Recital 44
Recital 44
(44) Since the effective implementation of the screening is dependent upon correct identification of the individuals concerned and of their security background, the consultation of European databases for that purpose is justified by the same objectives for which each of those databases has been established, that is to say, the effective management of the Union's external borders, the internal security of the Union andThe consultation of European databases for the purpose of identification and security checks during the screening can be justified to the extent that it is strictly necessary for achieving that purpose and in accordance with the effobjective implementation of the Union's for which each of those databases hasylum and return policies been established.
Amendment 349 #
Proposal for a regulation
Recital 45
Recital 45
(45) Since the objectives of this Regulation, namely the strengthening of the controlidentification of persons who are about to enter the Schengen area and their referral to the appropriate procedures, 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 356 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes the screening at the external borders of the Member States of alla procedure for the screening of third-country nationals who have crossed the external border in an unauthorisedirregular manner, ofor those who have applied for international protection during border checks without fulfilling entry conditions, as well as for those disembarked after a search and rescue operation, before they are referred to the appropriate procedure.
Amendment 364 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 368 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
The objectpurpose of the screening shall be the identification ofo seek to identify all third-country nationals subject to it and theo verification against relevant databases that the persons subject to it do not pose a threat to internal security. The screening shall also entail health checks, where appropriate, to identify persons vulnerable and in they whether the persons subject to it are registered in any of the relevant databases. The screening shall also include mandatory health and vulnerability checks to begin the process of identifying vulnerable persons, those with special reception or procedural needs, and those in need of health care, as well the as persones possibly posing a threat to public health. Those checks shall contribute to referring such persons to the appropriate procedure.
Amendment 377 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 380 #
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
When applying this Regulation, Member States shall act in full compliance with relevant Union law, including the Charter of Fundamental Rights of the European Union (‘the Charter’), relevant international law, including the Convention Relating to the Status of Refugees done at Geneva on 28 July 1951 (‘the Geneva Convention’), obligations related to access to international protection, in particular the principle of non-refoulement, and fundamental rights. In accordance with the general principles of Union law, decisions under this Regulation shall be taken on an individual basis and be subject to effective remedies. The best interests of the child shall be a primary consideration when implementing this Regulation.
Amendment 382 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Amendment 384 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
2 a. 'refusal of entry' has the meaning of the term and entails the obligations as defined in Article 14 of Regulation (EU) 2016/399 and, for the purposes of this Regulation it shall only apply to third- country nationals who have not yet entered the territory of the Member States and are at an official land or air border crossing point;
Amendment 385 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4 a (new)
Article 2 – paragraph 1 – point 4 a (new)
4 a. ‘biometric data’ means fingerprint data for the purposes of this Regulation;
Amendment 390 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
5 a. ‘stateless person’ shall have the meaning assigned to it in Article 1 of the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954;
Amendment 392 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 b (new)
Article 2 – paragraph 1 – point 5 b (new)
5 b. 'representative' means a person or an organisation, including a public authority designated by the competent authorities or bodies, with the necessary skills and expertise, including regarding the treatment and specific needs of minors, to represent, assist and act on behalf of an unaccompanied minor, as applicable, in order to safeguard his or her best interests and general well-being and so that the unaccompanied minor can benefit from the rights and comply with the obligations under this Regulation;
Amendment 395 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 c (new)
Article 2 – paragraph 1 – point 5 c (new)
5 c. 'person with special needs': means a person who is in need of special conditions or guarantees in order to benefit from the rights and comply with the obligations provided for in this Regulation;
Amendment 396 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 d (new)
Article 2 – paragraph 1 – point 5 d (new)
5 d. 'child' means every human being below the age of eighteen years as defined in the Convention on the Rights of the Child as adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November1989 and entered into force 2 September 1990;
Amendment 397 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 e (new)
Article 2 – paragraph 1 – point 5 e (new)
5 e. ‘persons in a vulnerable situation” means persons facing a diminished capacity to resist, cope with, or recover from violence, exploitation, abuse or violations of their rights due to the presence of individual, community, household, structural or situational factors and circumstances that increase the risk of, and exposure to, such violence, exploitation, abuse, or rights violations, or due to the absence of factors that protect against such violence, exploitation, abuse and rights violations, such as minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children, lesbian, gay, bisexual, trans and intersex persons, persons belonging to religious minorities, non-believers, and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual and gender based violence;
Amendment 398 #
Proposal for a regulation
Article 3 – title
Article 3 – title
Screening at the external borderope
Amendment 405 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) are apprehended in connection with an unauthorisedirregular crossing of the external borders of a Member State by land, sea or air, except third country nationals for whom, for reasons other than their age, the Member State is not required to take the biometric data pursuant to Article 14(1) and (3) of Regulation (EU) 603/2013 for reasons other than their age, or
Amendment 415 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The screening shall also apply to all third-country nationals who apply for international protection at external border crossing points or at any other part of the external borders or in transit zones and who do not fulfil the entry conditions set out in Article 6 of Regulation (EU) 2016/399.
Amendment 419 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. During the screening the provisions of Regulation (EU) xxxx/202x [Asylum Procedure Regulation] and of Directive 2013/33/EU [Reception Conditions Directive] shall apply for all third-country nationals from the moment that they express their wish to apply for international protection.
Amendment 421 #
Proposal for a regulation
Article 4
Article 4
Amendment 424 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 439 #
Proposal for a regulation
Article 5
Article 5
Amendment 447 #
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 borders. The screening shall be conducted in adequate and official facilities within the territory of the Member States where third-country nationals shall have access to appropriate services, including legal advice, free legal aid and linguistic assistance. Member States shall ensure that specialised international, non- governmental and civil society organisations and persons providing advice and counselling shall have effective access to third-country nationals in the facilities and locations where the screening takes place, in particular to those held in detention facilities or present at the border crossing points, including transit zones, at external borders. Member States may decide that the third- country nationals shall reside in a specific place but this shall not result in their detention, particularly when these are unaccompanied children or children in families or persons in situation of vulnerability. During the screening, detention must be a measure of last resort and must be necessary, reasonable and proportionate to a legitimate aim.If there are grounds to deprive a person of their liberty, alternatives to detention should always be considered first. Member States shall only use detention subject to EU and national law, on individual basis, following written judicial or administrative decision, as last resort and, when they do, they shall ensure that conditions are in line with Directive 2013/33/EU [Receptions Conditions Directive].The detention order shall be translated to a language the third-country national concerned can understand. When it proves necessary and on the basis of an individual assessment, Member States may detain a person undergoing screening who has applied for international protection, if other less coercive alternative measures cannot be applied effectively only on the grounds spelled out in Article 8(3) of the Directive 2013/33/EU [Reception Conditions Directive]. When it proves necessary and on the basis of an individual assessment, Member States may detain a person undergoing screening who has not applied for international protection, if other less coercive alternative measures cannot be applied.The person shall have access to an effective appeal procedure and to legal advice.Requirements concerning the detention decision and appeal shall comply with Article 9 of the Directive 2013/33/EU [Reception Conditions Directive] and Article 15 of the Directive2008/115/EC [Return Directive]. Minors and other individuals in a situation of vulnerability shall never be detained.
Amendment 452 #
1 a. In order to comply with the provisions of paragraph 1 of this Article, and in addition to representatives of the independent monitoring mechanism foreseen in Article 7, Member States shall ensure that organisations and persons providing advice and counselling, including free legal aid, shall have effective access to third-country nationals, in particular to those held in detention facilities or present at the border crossing points, including transit zones, at external borders.
Amendment 453 #
Proposal for a regulation
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1 b. Third-country nationals shall not be subject to intrusive biometric surveillance technologies, such as facial recognition, emotional recognition and behavioural recognition software nor predictive analytics, risk assessments and biometric categorisation in the context of border management activities, in or around the reception or screening facilities or during the screening. The use of language recognition software, lie detection systems or long-range acoustic devices shall be prohibited.
Amendment 455 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 461 #
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 i. Upon the external border area, the disembarkatipiry of the 5-day period, the person ins the territory of the Member State concerned oro be referred without further delay to the relevant procedure pursuant to Article 14, even if the pscresentation at the border crossing pointing has not been completed, without preju-dice to medical and vulnerability checks. 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 daysn the screening shall not take place and the third-country nationals shall be directly referred to the normal asylum procedure.
Amendment 469 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 474 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 477 #
Proposal for a regulation
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5 a. Member States shall ensure, at all times even during exceptional circumstances, including in emergency situations, that all persons subject to the screening are accorded a standard of living which guarantees their subsistence, protects their physical and mental health and respects their rights under the Charter of Fundamental Rights of the European Union. Persons shall be accommodated with the standards and provisions of Directive (EU) xxx/xxx (Receptions Conditions Directive).
Amendment 482 #
Proposal for a regulation
Article 6 – paragraph 6 – point c
Article 6 – paragraph 6 – point c
(c) registration of biometric data in the appropriate databases as referred to in Article 14(6), to the extent it has not occurred yetaccordance with Regulation (EU) xxxx/xxxx [Eurodac Regulation];
Amendment 490 #
Proposal for a regulation
Article 6 – paragraph 7 – introductory part
Article 6 – paragraph 7 – introductory part
7. Member States shall designate competent authorities to carry out the screening. They shall deploy appropriate staff and sufficient resources to carry out the screening in an efficient way. All the staff of the authorities carrying out the screening shall have the adequate training in order to be fully aware of international human rights and refugee law and the CEAS, to be able to comply with the Fundamental Rights Charter in all proceedings and to be able to identify and treat accordingly persons with special needs. Member States must ensure that staff of the Asylum authorities is involved in the screening so that, even in cases where a third-country national has not submitted an official application for international protection, this need can be recognised and that there can be an adequate assessment of the applicability of the concepts of first country of asylum and safe third country.
Amendment 493 #
Proposal for a regulation
Article 6 – paragraph 7 – subparagraph 1
Article 6 – paragraph 7 – subparagraph 1
Member States shall designate qualified medical staffprofessionals to carry out the health check provided for in Article 9 and always in compliance with Articles 1, 3 and 4 of the EU Charter of Fundamental Rights. Medical professionals shall be trained in order to be able to properly identify vulnerabilities and persons with special needs and to refer them accordingly. National child protection authorities and national anti- trafficking rapporteurs shall also be involved, where appropriate. Member states shall also designate trafficking protection officers that would support the early identification of potential victims and ensure their protection.
Amendment 500 #
Proposal for a regulation
Article 6 – paragraph 7 – subparagraph 2
Article 6 – paragraph 7 – subparagraph 2
The competent authorities may be assisted or supported in the performance of the screening by experts or liaison officers and teams deployed by the European Border and Coast Guard Agency and the [European Union Agency for Asylum] within the limits of their mandates, insofar as the specific staff has the training and qualifications as set out in the above two subparagraphs. The role, powers, tasks, responsibilities and activities, including the processing of personal data, of the two Agencies shall be clearly defined, confined to support tasks, and open to external scrutiny, including via an effective complaints mechanisms and by the independent monitoring mechanism foreseen in Article 7.
Amendment 503 #
Proposal for a regulation
Article 6 – paragraph 7 a (new)
Article 6 – paragraph 7 a (new)
7 a. Member states shall put in place specific safeguards, such as: (a) appoint as soon as possible and before the screening starts, a representative when an unaccompanied minor, or a person declaring to be an unaccompanied minor, is concerned; (b) always apply the “benefit of the doubt” principle in favour of the minor when a person’s age is unclear or contested and no supporting documentation exists that proves his/her age.Hence, treat as a minor any person regarding whom there are reasons to believe that they are a minor as well as any person declaring to be a minor, unless and until an age assessment or documentation proves otherwise.Age assessment procedures shall take place only when there is a reasonable doubt that the person is not a minor, they shall respect the best interests of the child and primarily use non-medical procedures and, under no circumstances, shall they use forced undressing or genitalia examination; (c) ensuring that, in addition to the monitoring mechanism referred to Article 7, non-governmental and civil society organisations specialised in child protection shall access to monitor procedures of identification, verification and age assessment; (d) screenings of unaccompanied children and children with their families are carried out in appropriate facilities for the reception of unaccompanied minors or of families on the territory of Member States, within the mainstream system of protection for minors; (e) ensure that the statements of minors only form the basis of the de-briefing form if they are assisted by their parent(s) or a representative; (f) ensure the third-country national concerned can have access to and correct information included in the de-briefing form; (g) ensure that all third country nationals concerned have access to free legal aid.
Amendment 506 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall adopt relevant provisions to investigateensuring: - constant monitoring and assessment of fundamental rights compliance of border management activities in their territories or by their authorities, including border surveillance, screening, asylum and return procedures, - prompt investigation of all allegations of non-respect ofor fundamental rights in relation to the screening. , - prosecution at all instances in which such allegations are substantiated by independent fact-finding, - penalising violations of fundamental rights, including those of irregular migrants, with proportionate, effective and dissuasive sanctions.
Amendment 515 #
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. EFor the purposes of paragraph 1, each Member State shall establishtask an independent monitoring mechanism with
Amendment 519 #
Proposal for a regulation
Article 7 – paragraph 2 – indent -1 (new)
Article 7 – paragraph 2 – indent -1 (new)
-1 monitoring on an on-going basis, including during emergency situations, all border management activities in its territories; whether performed by national authorities or relevant EU agencies, as well as any such activities performed by national authorities outside its territories,
Amendment 520 #
Proposal for a regulation
Article 7 – paragraph 2 – indent -1 (new)
Article 7 – paragraph 2 – indent -1 (new)
-1 assessing if the activities observed are compliant with applicable national, Union and international law,
Amendment 524 #
Proposal for a regulation
Article 7 – paragraph 2 – indent 1
Article 7 – paragraph 2 – indent 1
— to ensureing compliance with EUnational, Union and international law, including the Charter of Fundamental Rights, during the screening;border surveillance, screening, asylum, return and border procedures,
Amendment 527 #
Proposal for a regulation
Article 7 – paragraph 2 – indent 1 a (new)
Article 7 – paragraph 2 – indent 1 a (new)
- ensuring that allegations of non- respect for fundamental rights, including in relation to access to the asylum procedure and non-compliance with the principle of non-refoulement, are dealt with effectively and without undue delay.
Amendment 532 #
Proposal for a regulation
Article 7 – paragraph 2 – indent 2
Article 7 – paragraph 2 – indent 2
— where applicable, to ensureing compliance with national and Union rules on detention of the person concernedmigrants, in particular concerning the grounds and the duration, the necessity and proportionality as well as the duration, the conditions, including access to free legal aid, of the detention;
Amendment 534 #
- reporting publicly on all cases of non-compliance it may find,
Amendment 539 #
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 relriggering and conducting investigations to accssess to the asylum procedure and non- compliance with the principle of non- refoulement, are dealt with effectively and without undue delay.violation of fundamental rights,
Amendment 543 #
Proposal for a regulation
Article 7 – paragraph 2 – indent 3 a (new)
Article 7 – paragraph 2 – indent 3 a (new)
- handing over to the national prosecuting authorities all evidence it has been able to gather on individual cases of fundamental rights breaches,
Amendment 545 #
Proposal for a regulation
Article 7 – paragraph 2 – indent 3 c (new)
Article 7 – paragraph 2 – indent 3 c (new)
- monitoring the effectiveness of prosecutions into and, if appropriate, the sanctioning of violations of fundamental rights of migrants.
Amendment 548 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph -1 (new)
Article 7 – paragraph 2 – subparagraph -1 (new)
-1 The independent monitoring mechanisms shall issue recommendations to Member States and EU agencies as referred to in paragraph 1 of this Article, and shall report annually and publicly to the national parliaments on their findings and recommendations and on the measures taken to implement their recommendations.
Amendment 550 #
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. ensure that the independent monitoring mechanism can carry out its work ensuring, as a minimum, the recommendations of the European Committee for the Prevention of Torture (CPT). In particular, Member States and, where appropriate the relevant EU agencies, shall ensure that the independent monitoring mechanism is at all times: - able to receive and act upon information received from international organisations, non-governmental organisations, journalists, EU agencies and institutions even if they are not part of the mechanism, and all affected individuals even if they are not present in the respective Member State or in EU territory, - granted unhindered access to any location and area, including blue and green borders as well as police stations, detention and reception facilities, which it considers relevant for fulfilling its mandate, to perform periodic, unlimited in number and unrestricted announced as well as unannounced visits, - granted access to all equipment used in the context of border management and receive information on its use, - granted access to all documents, files and recordings of relevance to its mission and be allowed to make or receive copies even of those for which they have to ensure due confidentiality, - able to receive complaints from individuals who allege violations of their fundamental rights, or their representatives, regardless of the timing of the alleged incidents or the location of the individual at the time of the complaint, - has the power to have unhindered access and hear witnesses all individuals who allege having witnessed violations of fundamental rights or who allege violation of their fundamental rights, in full respect of confidentiality.
Amendment 561 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Amendment 562 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2 a (new)
Article 7 – paragraph 2 – subparagraph 2 a (new)
Amendment 570 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3
Article 7 – paragraph 2 – subparagraph 3
Amendment 573 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3 a (new)
Article 7 – paragraph 2 – subparagraph 3 a (new)
In order to monitor compliance with fundamental rights a specific independent complaint mechanism shall be set up by the involved national and international authorities and bodies, for third-country nationals, including the ones who have not been granted the right to enter the territory, are at risk of being returned and/or have been returned to a third country. Such a mechanism shall include a 24/7 hotline that can be accessed by persons in order to prevent further fundamental rights abuses, notably in case a person would be at risk of being arbitrarily returned to a third country. In Member States where such a complaint mechanism already exists within independent national human rights mechanisms then they could be used instead of setting up a new one. The staff of this mechanism, including those operating the hotline, shall not be criminalised by Member States on the grounds of their work therein.
Amendment 578 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3 b (new)
Article 7 – paragraph 2 – subparagraph 3 b (new)
Member States shall provide information, in writing and orally, about the mechanism to potentially affected individuals in a concise, transparent, intelligible and easily accessible form, using clear and plain language that the affected individual understands.
Amendment 579 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3 c (new)
Article 7 – paragraph 2 – subparagraph 3 c (new)
Once the independence and appropriate powers of the mechanism verified by the Fundamental Rights Agency, the mechanism shall receive funding from the Integrated Border Management Fund: Instrument for financial support for border management and visa (BMVI) and other EU funding sources and shall be financially independent from the member State in which it operates.
Amendment 580 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3 d (new)
Article 7 – paragraph 2 – subparagraph 3 d (new)
The mechanism shall, every year, publicly report on its findings and recommendations, including on steps taken to hold those responsible of violations of fundamental rights to account. These reports shall contribute to the assessment of compliance with the EU Charter of Fundamental Rights as per Regulation (EU) 2018/0196 (Common Provisions Regulation) Article 11(1) and Annex III.
Amendment 582 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. TMember States shall inform, in a clear and comprehensive manner in a language they understand, all third- country nationals subject to the screening shall be succinctly informed about the purposeabout its purpose, duration and the modalities of the screeningas well as of their rights, such as:
Amendment 585 #
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the steps and, purpose, duration and the modalities of the screening as well as possible outcomes of the screening;
Amendment 589 #
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 obligation on them to remain in the designated facilities during the screening.
Amendment 591 #
Proposal for a regulation
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
(b a) on their right to contact and be visited by organisations, bodies, and individuals, as referred to in Article 8 which provide information and legal assistance and on their right to contact the monitoring mechanism foreseen in Article 7;
Amendment 594 #
Proposal for a regulation
Article 8 – paragraph 1 – point b b (new)
Article 8 – paragraph 1 – point b b (new)
Amendment 595 #
Proposal for a regulation
Article 8 – paragraph 1 – point b c (new)
Article 8 – paragraph 1 – point b c (new)
(b c) their right and the modalities to apply for international protection or other forms of protection according to national law as well as the relocation procedure under the automatic distribution mechanism established by Regulation (EU) XXX/XXX[Asylum and Migration Management];
Amendment 605 #
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. DurAt the beginning of the screening, they shall also, as appropriate, receive informationMember States shall provide clear information in a language that each person subject to screening understands, on:
Amendment 606 #
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 610 #
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) the obligation for illegally staying third-country nationals, where appropriate, to return in accordance with Directive XXXXX [Return Directive];
Amendment 612 #
Proposal for a regulation
Article 8 – paragraph 2 – point f
Article 8 – paragraph 2 – point f
(f) the informationrights referred to in Article 13 and 15 to 19 included of the Regulation (EU) 2016/67935 [GDPR]. , in Article13 of the Directive (EU) 2016/680 [Police Directive] and in Article 15 of the Regulation (EU) 2018/1725. _________________ 35 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016
Amendment 615 #
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 a 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. It shall be provided in an appropriate manner taking into account the age and the gender of the person orally using interpretation services and clear language, including with the support of adequately trained cultural mediators. It shall be provided in an appropriate manner taking into account the age and the gender of the person, by appropriately trained professionals and at the presence of the representative appointed pursuant to Article 9a in case of unaccompanied minors.
Amendment 621 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3 a. For those third-country nationals seeking international protection, this information may be provided at the same time as the information as laid down in Article 8(2) of Regulation (EU) xxxx/xxxx [Asylum Procedure Regulation]. The responsible authorities shall make the necessary arrangements for interpretation services and, where necessary and appropriate, for cultural mediation services to be available to facilitate access to the procedure for international protection.
Amendment 625 #
4. Member States mayshall authorise relevant and competent national, international and non-governmental organisations and bodies to provide third country nationalsand human rights defenders to access the relevant facilities in order to provide third country nationals, in safe and appropriate conditions, with information under this article during the screening according to the provisions established by national law.
Amendment 629 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8 a Right to information and rectification 1. Third-country nationals subject to the screening will receive a copy of all personal data processed and information registered about them under this Regulation in electronic form and on paper directly after the screening procedure. Third-country nationals will have the right to obtain another copy of all personal data processed and information registered about them under this Regulation for as long as the information is stored. 2. Third-country nationals subject to the screening shall have the right to know the exact retention period of all their stored and processed data, included in the form or its Annex. In addition, they shall have the right to rectify or supplement the personal data collected during the screening procedure or any information they have supplied during the screening procedure, particularly those referred to in Articles 10 and in the debriefing form in Article 13 of this Regulation.
Amendment 632 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. TAll third-country nationals submitted to the screening referred to in Article 3 shall be subject to a preliminary medical examination 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 accordinglyby qualified and adequately trained medical professionals with a view to identifying any needs for health care or isolation on public health grounds.
Amendment 637 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. 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].
Amendment 639 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where relevant, itThe medical professionals shall be checked whether the persons referred to in paragraph 1 are in a vulnerable situation, or are victims of torture or other degrading and inhuman treatment , are stateless or at risk of statelesness, or have special reception or procedural needs within the meaning of Article 201 of the [recast] Reception Conditions Directive and Article 20 of Regulation (EU) xxxx/xxxx [Asylum Procedure Regulation].
Amendment 642 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. Where a person claims not to have any nationality or when there are reasonable grounds to believe a person may be stateless, this should be clearly registered pending a full determination of whether the person is stateless in a separate procedure.
Amendment 645 #
Proposal for a regulation
Article 9 – paragraph 3
Article 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 within the territory of the Member State. Minors and persons identified as vulnerable or with special needs shall have access to the same level of support as applicants for international protection have under Chapter IV of the Reception Conditions Directive and, if they apply for international protection, they should be referred to the normal asylum procedure.They shall not be subject to detention. In the case of minors, support shall be given in a child-friendly manner by personnel adequately trained and qualified to deal with minors, and in cooperation with child protection authorities.
Amendment 647 #
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3 a. In the case of unaccompanied minors Member States shall appoint a representative to assist and represent the minor and he or she shall be informed thereof.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 minors hall not be eligible to become representatives. 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 at the same time to ensure that he or she is able to perform his or her tasks effectively.
Amendment 651 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 657 #
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 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, the identity of third-country nationals submitted to the screening pursuant to Article 3 or Article 5 shall be verified or established, by using in particular the following, in combination with national and European databaseswhere applicable the following:
Amendment 660 #
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 668 #
2. For the purpose of verification or the identification referred to in paragraph 1, the 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 identit shall be taken only once for the purposes of this Regulation and their registration in Eurodac. No force or coercion shall be used to ensure the taking of third-country dnata and, where available, travel document data shall be used to that enionals’ personal data, including biometric data. The use of biometric data provided during the screening for the purposes of training, deploying or using biometric identification systems in publicly accessible places, at or around borders or in and around reception facilities shall be prohibited.
Amendment 675 #
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 securitywhether they are also registered in any of the relevant databases. 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 outas well as the principles of necessity and proportionality shall apply to any searches carried out. The security check shall not include access to electronic devices in the possession of third-country nationals nor access to their private communications or social media accounts. The security check shall also be part of the elements and actions possible to be scrutinised by the monitoring mechanism referred to in Article 7.
Amendment 681 #
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 theyse checks have not yet done soalready taken place in accordance with Article 8(3), point (a)(vi), of Regulation (EU) 2016/399, the competent authorities shall query relevant national and Union databases, in particular the Schengen Information System (SIS).
Amendment 683 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 687 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. As regards the consultation of EES, ETIAS and VIS pursuant to paragraph 3, the retrieved data shall be limited to indicating refusals of a travel authorisation, refusals of entry, or decisions to refuse, annul or revoke a visa or residence permit, which are based on security grounds. Access to CIR and use of ESP by competent authorities shall be limited to the extent that this is strictly necessary for the performance of their specific tasks in accordance with those purposes, and shall be proportionate to the objectives pursued.
Amendment 693 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 695 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 698 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 699 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 705 #
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 707 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) name, date and place of birth and sex/gender;
Amendment 711 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) their initial indication of nationalities or statelesness, countries of residence prior to arrival and languages spoken;
Amendment 714 #
Proposal for a regulation
Article 13 – paragraph 1 – point b a (new)
Article 13 – paragraph 1 – point b a (new)
(b a) information on the health and vulnerability checks performed in accordance with Article 9 and if they entail special reception or procedural needs and, where appropriate, the fact that those checks have not been completed during the screening procedure;
Amendment 718 #
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 residence, includingwhich screening has been performed and information on whether the person made an application for international protection;
Amendment 720 #
Proposal for a regulation
Article 13 – paragraph 1 – point c a (new)
Article 13 – paragraph 1 – point c a (new)
(c a) information as to whether the third-country national has family members or relatives located on the territory of any of the Member States;
Amendment 725 #
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
Amendment 728 #
Proposal for a regulation
Article 13 – paragraph 1 – point e
Article 13 – paragraph 1 – point e
Amendment 732 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
The procedure should ensure that the person exercises his or her right to be heard and to an adequate remedy. The de- briefing form should be an administrative decision amenable to appeal. The person should receive a copy of the de-briefing form in a language that they understand and be able to comment on the information contained therein. The person should be assisted by an interpreter. The person should also have access to an appeal procedure to contest any information provided in the form and should be advised about appeal channels.
Amendment 735 #
Proposal for a regulation
Article 13 – paragraph 1 b (new)
Article 13 – paragraph 1 b (new)
The form shall be drafted in a language which the third-country national understands and behanded over to the person concerned before transmitting it to the relevant authorities referred to in Article 14, in order to allow the third- country national to rebut the representation of the facts included in the form and effectively exercise the rights enshrined in Articles 15, 16, 22 and 77 of GDPR.Competent authorities shall record in the form any remark or objection from the third-country national concerning the accuracy of data and information included therein. Information included in the form shall be also provided orally, with the support of an interpreter where necessary. In case of unaccompanied minors, information shall be provided and the form shall be handed over at the presence of the representative appointed pursuant to Article 9.
Amendment 741 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
Amendment 761 #
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 Article 14 of Regulation 2016/399. and only for third-country nationals who have not yet entered the territory of the Member State and are at a land or air official border crossing point, entry may be refused in accordance with Article 14 of Regulation 2016/399 which, entails, among others, that the third- country national shall receive a substantiated decision stating the precise reasons for the refusal of entry and shall have the right to appeal.
Amendment 767 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Third-country nationals who have expressed the wish, make or have made an application for international protection shall be referred to the competent 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 in in order for the asylum procedures foreseen in that Regulation to thbe accelerated examination procedure or the border procedurepplied.
Amendment 773 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 775 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
Amendment 778 #
Proposal for a regulation
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
5 a. The decision on referral, as regulated under this Article, shall be provided in a written document, to which the de-briefing form is to be appended.The written referral decision shall contain the reasons in fact and law for the choice of the procedure and shall be subject to an appeal.The person concerned shall have access to legal assistance to be able to seek a remedy. In addition to the above and in order for the person 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.
Amendment 779 #
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
Amendment 781 #
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 5subject to screening procedures are referred to anthe appropriate procedure regarding asylum or return, 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. 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, the screening shall end. Health and vulnerability checks that could not be completed shall be promptly resumed in the next procedure to ensure the persons' specific reception or procedural needs are taken into account.
Amendment 786 #
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 before a competent judicial or administrative authority or a competent body composed of members who are impartial and who enjoy safeguards of independence. Notwithstanding the above provisions, persons identified as stateless or at risk of statelessness during the screening shall be referred to the competent authorities to conduct a full determination of whether the individual is stateless and offer adequate protection, in accordance with national law. If the individual has made an application for international protection, the statelessness determination shall be conducted either in parallel with or following the consideration of the application for international protection, without prejudice to the primacy of international protection status and with full respect of the principle of confidentiality.
Amendment 790 #
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Article 14 a After the Screening 1. Once the Screening procedure is over, Member States competent authorities may decide to return a third-country national if they have clearly denied to apply for international protection and are not eligible to apply for a residence permit or other authorisation offering a right to stay for compassionate, humanitarian or other grounds under Member State legislation or other provisions of Union or international law. In these cases, Directive (EU)2008/115/EC (Return Directive) shall apply entailing all the relevant obligations for the Member States and safeguards for the third- country nationals. 2. The application of Directive (EU) 2008/115/EC (Return Directive) shall take place without prejudice to Article 6(5) of Regulation (EU) 2016/399 and paragraph 7(a) of this Article and the principle of non-refoulement and other fundamental rights obligations under the Charter of Fundamental Rights and other EU and international obligations and without prejudice to Article 6(4) of Directive 2008/115. 3. In cases affecting minors, the best interests of the child shall be a 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 792 #
Proposal for a regulation
Article 16
Article 16
Regulation (EC) No 767/2008
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 794 #
Proposal for a regulation
Article 17
Article 17
Regulation (EU) 2017/2226
Article 6(1) – Article 9(1) – Article 9(4)
Article 6(1) – Article 9(1) – Article 9(4)
Amendments to Regulation (EU) Regulation (EU) 2017/2226 is amended as follows: (1) In Article 6(1), the following point (1) is added: ‘‘(1) support the objectives of the screening established by Regulation (EU) 2020/XXX of the European Parliament and of the Council38 , in particular for the checks provided under Article 10 thereof. (a) paragraph 1 is replaced by the following: ‘2a. The competent authorities referred to in Article 5(6) of Regulation (EU) 2020/XXX shall have access to the EES to consult data.; ‘Access to the EES data stored in the CIR shall 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. _________________ 38 Regulation (EU) No XXX of the European Parliament and of the Council of [...] introducing a screening of third country nationals at the external borders and amending Regulations (EC) No 767/2008, (EU) 2017/2226, (EU) 2018/1240 and (EU) 2019/817].rticle 17 deleted 2017/2226
Amendment 797 #
Proposal for a regulation
Article 18
Article 18
Regulation (EU) 2018/1240
Article 4(a) – Article 13(5)
Article 4(a) – Article 13(5)
Amendment 798 #
Proposal for a regulation
Article 19 – paragraph 1 – point 1
Article 19 – paragraph 1 – point 1
Regulation (EU) 2019/817
Article 17
Article 17
A common identity repository (CIR), creating an individual file for each person that is registered in the EES, VIS, ETIAS, Eurodac or ECRIS-TCN containing the data referred to in Article 18, is established for the purpose of facilitating and assisting in the correct identification of persons registered in the EES, VIS, ETIAS, Eurodac and ECRIS-TCN in accordance with Article 20 and 20a, of supporting the functioning of the MID in accordance with Article 21 and of facilitating and streamlining access by designated authorities and Europol to the EES, VIS, ETIAS and Eurodac, where necessary for the prevention, detection or investigation of terrorist offences or other serious criminal offences in accordance with Article 22. For the purposes of Regulation(EU) No XXX/XXX [Screening Regulation] the query of the CIR shall only check against the EES, the VIS and the Eurodac.
Amendment 804 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
[Threewo years after entry into force, the Commission shall report on the implementation of the measures set out in this Regulation. The Report shall be also presented to the European Parliament and shall be public.]
Amendment 806 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
No sooner than [fivetwo] years after the date of application of this Regulation, and every fivetwo 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 on its main findings, including the impact of the provisions of this Regulation on the fundamental rights and freedoms enshrined in the EU Charter of fundamental rights, as well as their added value vis-à-vis the EU asylum and Schengen acquis as a whole. Member States shall provide the Commission all information necessary for the preparation of that report, at the latest six months before the [fivetwo] years’ time limit expires.