Activities of Tineke STRIK related to 2020/0278(COD)
Shadow reports (1)
REPORT on the 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
Amendments (173)
Amendment 147 #
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 151 #
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, solidarity and fair sharing of responsibility between the Member States and efficient management of the external border.
Amendment 156 #
Proposal for a regulation
Recital 2
Recital 2
(2) The rules governing border control of persons crossing the external borders of the Member States of the Union are laid down in Regulation (EU) 2016/399 of the European Parliament and of the Council (Schengen Borders Code)21 as adopted under Article 77(2)(b) of the Treaty on the Functioning of the European Union (TFEU). To further develop the Union’s policy with a view to carrying out checks on persons and efficiently monitoring the crossing of external borders referred to in the first paragraph of Article 77 TFEU, additional measures should address situations where third-country nationals manage to 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 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 161 #
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 forenable them beingto be referred efficiently to the relevancorrect procedures which, depending on the circumstances, can be the common procedures for international protection or procedures respectas laid down in Regulation (EU) XXXX/202X of the European Parliament and of the Council [Asylum Procedures Regulation], or procedures provided for ing Directive 2008/115/EC 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 third country nationals when crossing the external bor, without prejudice to the ability of a Member State to grant residence permits or other authorisations offering a right to stay for compassionate, humanitarian or other grounds under national law. The screening should seamlessly complement the checks carried out at the external border and be carried out in parallel to applications for international protection that have already been mader. _________________ 22 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, OJ L 348, 24.12.2008, p. 98.
Amendment 167 #
Proposal for a regulation
Recital 4
Recital 4
(4) Border control is not only 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 and traffickingidentify persons seeking international protection, protect victims of human betraffickings 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 173 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) In the application of this Regulation, Member States should act in compliance with relevant Union and international law, including the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as amended by the New York Protocol of 31 January 1967 ("the Geneva Convention"), obligations related to international protection, in particular the principle of non-refoulement, and fundamental rights.
Amendment 178 #
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 preventspond to third-country nationals fcrom circumventingssing the 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. In accordance withThat is, however, without prejudice to Article 3 of Regulation (EU) 2016/399, according to which border control should be carried out without prejudice to the rights of refugees and persons requesting international protection, in particular as regards non-refoulement.
Amendment 181 #
Proposal for a regulation
Recital 6
Recital 6
(6) Border guards are often confrontfaced with third-country nationals who are requesting international protection withoutand who have no 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 confrontcan be faced with large numbers of arrivals at the same time. In such circumstances, it is particularly difficult to ensure that all relevant databases are consulted and to immediately determine the appropriate asylum important to determine the cor recturn procedure as soon as possible.
Amendment 188 #
Proposal for a regulation
Recital 7
Recital 7
(7) In order to ensure a swiftbetter handling of 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 operation, it is necessary to provide a stronger framework for cooperation between the different national authorities responsible for border control, the protection of public healthindividual and public health, the protection of children, the examination of the need for international protection and the application of return procedures.
Amendment 193 #
Proposal for a regulation
Recital 8
Recital 8
(8) In particular, the screening should help to ensure that the third-country nationals concerned are referred to the appropriate procedures at the earliest stage possible and that the procedures are continued without interruption and delay. At the same time, the screening should help to counter the practice whereby some applicants for international protection abscond after having been authorised to enter the territory of a Member State based on their request for international protection, in order to pursue such requests in another Member State or not at all.
Amendment 197 #
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 an examination of the need for international protection. It should allow to collect andenable the screening authorities to share with the authorities competent for that examination the relevanyt information that is relevant for the lat. The screening should also contributer to identify the appropriate procedure for the examination of the application, thus speeding up that examination. The screening should also ensure thatpersons in a vulnerable situation and persons with special needs are identified at an early stage, so that any special reception and procedural needs are fully taken into account in the determination of and the pursuit of the applicable procedure.
Amendment 205 #
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 209 #
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 territoryin official and adequate facilities, which meet the standards of Directive (EU) xxxx/xxxx [Reception Conditions Directive], located within the territory of the Member State. The Member States should apply measures pursuant to international- and EU law to preventallow the persons concerned fromto entering the territory during the screening. In individual cases, where required, this may include detention, subject to the national law regulating that matterif they express the wish to apply for international protection.
Amendment 213 #
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 217 #
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 220 #
Proposal for a regulation
Recital 13
Recital 13
(13) Wherever it becomes clear during the screening that a third-country national subject to it fulfils the conditions of Article 6 of Regulation (EU) 2016/399, the screening should end and, in case the third-country national concerned should be authorised to enter the territory, without prejudice to the application of penalties as referred to in Article 5(3) of that regulationdid not yet enter the territory of the Member State, the third-country national concerned should be authorised to enter the territory.
Amendment 223 #
Proposal for a regulation
Recital 14
Recital 14
(14) In view of the purpose of the derogation referred to in Article 6(5) of Regulation (EU) 2016/399, persons whose entry has been authorised by a Member State under that provision in an individual decision should not be submitted to the screening despite the fact that they do not fulfil all entry conditions.
Amendment 224 #
Proposal for a regulation
Recital 15
Recital 15
(15) All persons subject to the screening should be submitted to checks in order to establishverify their identity, identify any situation of vulnerability or special needs and to ascertain that they do not pose a threat to internal security or public health. In the case of persons requesting international protection at border crossing points, the identity and security checks carried out in the context of border checks should be taken into account to avoidin accordance with the provisions of Regulation (EU) 2016/399 should not be duplicationed.
Amendment 230 #
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 respectto apply the procedures provided for ing Directive 2008/115 (return directive), as appropriate and without prejudice to the ability of a Member State to grant residence permits or other authorisations offering a right to stay for compassionate, humanitarian or other grounds under national law. The relevant information obtainprovided during the screening should be provided to thetransmitted to the relevant competent authorities to support the further assessment of each individual case, in full respect of fundamental rights. The procedures established by Directive 2008/115 should start applying only after the screening has ended. Article 26 and 27 of the Asylum Procedures Regulation should apply only after the screening has ended. This should be without prejudice to the fact that the pPersons applying for international protection at the moment of apprehension, in the course of border control at the border crossing point or during the screening, should be considered applicants. for international protection to whom Regulation (EU) xxxx/xxxx [Asylum Procedure Regulation] and Directive (EU) xxxx/xxxx [Reception Conditions Directive] apply from the moment of their request.
Amendment 234 #
Proposal for a regulation
Recital 17
Recital 17
(17) The screening cshould also be followed by relocation under the mechanisms for solidarityrelocation established by Regulation (EU) XXX/XXX [Asylum and Migration Management] where a Member State is contributing to solidarity on a voluntary basis or the applicants for international protection are not subject to the border procedure pursuant to Regulation (EU) No. XXX/XXX (Asylum Procedures Regulation), or under the mechanism addressing situations of crisis established by Regulation (EU) XXX/XXX [Regulation on situations of crisis]and Regulation (EU) XXX/XXX [Regulation on situations of crisis]. Relocation should be mandatory following disembarkation after search and rescue operations as well as the arrival of applicants in a vulnerable situation, and automatic where no other Member State can be determined responsible for an applicant’s claim. Any meaningful links to a given Member State, or the applicant’s preferences when there are no such links, should be taken into account before relocating an applicant. The right to family reunification should always be respected.
Amendment 237 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 243 #
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 248 #
Proposal for a regulation
Recital 20
Recital 20
Amendment 254 #
Proposal for a regulation
Recital 21
Recital 21
(21) In order to achieve the objectives of the screening, close cooperation should be ensured between the competent national authorities referred to in Article 16 of Regulation (EU) 2016/399, those referred to in Article 5 of theRegulation (EU) xxxx/xxxx [Asylum Procedures Regulation] as well as those responsible for carrying out return procedures respecting Directive 2008/115/EC. Child protection authorities should also be closely involved in the screening wherever necessary to ensure that the best interests of the child are duly taken into account throughout the screening. Member States should be allowed to avail themselves of the support of the relevant agencies, in particular the European Border and Coast Guard Agency and the [European Union Agency for Asylum], within the limits of their mandates. 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 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 261 #
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 a primary consideration when implementing this Regulation.
Amendment 268 #
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure compliance with EU and international law, including the Charter of Fundamental Rights, during the screening, each Member State 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 screening, 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) 2016/399in particular monitor on an on-going basis all border management and border surveillance activities performed by national authorities or relevant EU agencies in its territories, compliance with the principle of non-refoulement and respect for fundamental rights in relation to the screening, asylum and return procedures. The independent monitoring mechanism shall issue recommendations to Member States and EU agencies and report annually and publicly on its findings, recommendations and measures taken to implement its recommendations. To perform its tasks in an effective manner, the monitoring mechanism should be granted unhindered access to any location or documents, which it considers relevant for fulfilling its mandate, and be able to perform periodic announced and unannounced visits. Member States should put in place adequate safeguards to guarantee the independence of the mechanism, including by ensuring that national human rights organisations, ombudspersons, independent non- governmental and civil society organisations and international organisations are part of the monitoring system. The Fundamental Rights Agency should establish general guidance as to the establishment andimplementation of the framework provided for in Article 7, which includes safeguards to ensure the independent functioning of such monitoring mechanism. Member States should furthermore be allowed to request the support of the Fundamental Rights Agency for developing their national monitoring mechanism. Member States should also be allowed to seek advice from the Fundamental Rights Agency with regard to establishing the methodology for this monitoring mechanism and with regard to appropriate training measures. Member States should also be allowed to invite relevant and competent national, international and non-governmental organisations and bodies to participate in the monitoring. The independent monitoring mechanism should bact in synergy with and operate without prejudice to othe monitoring of fundamental rights provided by the European Border and Coast Guard Agency’s fundamental rights monitors provided for in Regulation (EU) 2019/1896r EU fundamental rights’ monitoring instruments such as, in particular, those provided by Articles 109, 110 and 111 of Regulation (EU) 2019/1896 (European Border and Coast Guard Regulation), the monitoring 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 the Regulation (EU) xxxx/xxxx [Schengen evaluation and monitoring mechanism Regulation]. The Member States should investigate all allegations of the breaches of the fundamental rights during the screening, asylum and return procedures, including by ensuring that complaints are dealt with expeditiously andpromptly, effectively and capable of leading to the identification and sanction of those responsible in an appropriate way. manner.
Amendment 274 #
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.
Amendment 279 #
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 for the screening should also indicate any elements which may seem to be relevantorder to ensure compliance, in particular, with the rights to information, access to personal data and rectification and to effective remedy, the de-briefing form should be handed over to the third-country national concerned before being transmitted to the authorities examining applications for deintermining whether the competent authorities should submit the application of the third-country national concerned to an accelerated examination procedure or to the bordernational protection or to the authorities competent for return, and should include any possible remarks or objections raised by the person concerned as well as the reasons in law and fact explaining the choice of the authorities responsible for the screening for referring that person to the specific procedure.
Amendment 283 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24 a) With a view to ensure fair proceedings, third-country nationals subject to the screening should have the right to know exactly which information is being recorded about them. They should also have the right to rectify or supplement data or information provided during the screening procedure.
Amendment 284 #
Proposal for a regulation
Recital 25
Recital 25
Amendment 288 #
Proposal for a regulation
Recital 26
Recital 26
(26) A pPreliminary health examinationand 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 immediate carea vulnerable situation, in need of health care, with special reception or procedural needs 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 particulara primary consideration. The preliminary health examination should be cause the overall condition of the person appears to be very good, the examination should not take place and the person concerned should be informed of that fact. The preliminary health examination should be carried out by the health authorities of the Member State concerned. With regard torried out by qualified medical professionals of the health authorities of the Member State concerned. 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 procedures under Regulation (EU) No XX/XXX [Asylum and Migration Management Regulation] or Directive 2008/115 (return directive).
Amendment 296 #
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 standards and provisions of Directive (EU) xxxx/xxxx [Reception Conditions Directive] and 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 within a vulnerabilities, such as pregnant women, elderly persons, single parent families, persons with an immediately identifiable physical or mental disability, persons visibly having sufferedle situation, such as minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children, victims of human trafficking, persons with serious illnesses, persons with mental disorders and persons who have been subjected to torture, rape or other serious forms of psychological or, physical trauma and unaccompanied minorsor sexual violence, such as victims of female genital mutilation. In particular, in case of a minor, information should be provided in a child-friendly and age appropriate manner by properly trained personnel. 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. All the authorities involved in the performance of the tasks related to the screening should respect human dignity, privacy, and refrain from any discriminating actions or behaviour.
Amendment 300 #
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 forcarried out as part of the screening.
Amendment 303 #
Proposal for a regulation
Recital 29
Recital 29
(29) The Common Identity Repository (“CIR”) was established by Regulation (EU) 2019/817 of the European Parliament and of the Council (Interoperability Regulation)25 to facilitate and assist in the correct identification of persons registered in the Entry/Exit System (“EES”), the Visa Information System (“VIS”), the European Travel Information and Authorisation System (“ETIAS”), Eurodac and in the European Criminal Records Information System for third country nationals (“ECRIS-TCN”), including of unknown persons who are unable to identify themselves. For that purpose, the CIR contains only the identity, travel document and biometric data recorded in EES, VIS, ETIAS, Eurodac and ECRIS-TCN, logically separated. Only the personal data strictly necessary to perform an accurate identity check is stored in the CIR. The personal data recorded in the CIR isare kept for no longer than strictly necessary for the purposes of the underlying systems and shouldare automatically be deleted where the data are deleted from the underlying systems. Consultation of the CIR enables a reliable and exhaustive identification of persons, by making it possible to consult all identity data present in the EES, VIS, ETIAS, Eurodac and ECRIS-TCN in one go, in a fast and reliable manner, while ensuring a maximum protection of the data and avoiding unnecessary processing or duplication of data. _________________ 25 Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA, OJ L 135, 22.5.2019, p. 27.
Amendment 308 #
Proposal for a regulation
Recital 30
Recital 30
(30) In order to establishverify the identity of the persons subject to the screening, a verificationconsultation of the CIR should be initiated in the CIR in the presence of the person during the screening. During that verificconsultation, 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 the data are required for the performance of their tasks in accordance with those purposes, and should be proportionate to the objectives pursued.
Amendment 310 #
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 Regulation needs to be amended to provide for the additional purpose of usinguse of the CIR to identify persons during the screening established by this Regulation.
Amendment 316 #
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 319 #
Proposal for a regulation
Recital 34
Recital 34
Amendment 328 #
Proposal for a regulation
Recital 36
Recital 36
(36) As the screening concerns persons present at the external border without fulfilling entry conditions, or disembarked after a search and rescue operation, tThe security checks as part of the screening should be at least of a similarnot go beyond the level asof the checks performed in respect of third country nationals thatwho apply on beforehand for an authorisation to enter the Union for a short stay, whether they are under a visa obligation or not.
Amendment 330 #
Proposal for a regulation
Recital 37
Recital 37
(37) For third-country nationals who are on the basis of their nationality exempt from the visa requirement under Regulation (EU) 2018/1806 of the European Parliament and the Council27 , Regulation (EU) 2018/1240 of the European Parliament and of the Council28 (ETIAS Regulation) provides that they have to apply for a travel authorisation to come to the EU for short stay. Before receiving that travel authorisation, the persons concerned are submitted to security checks of the personal data they submit against a number of EU databases – the Visa Information System (VIS), the Schengen Information System (SIS), the Entry/Exit System (EES), the European Travel Information and Authorisation System (ETIAS), the Europol data processed for the purpose referred to in Article 18(2)(a) of Regulation (EU) 2016/79429 , ECRIS-TCN30 – as well as Interpol’s Stolen and Lost Travel Document database (SLTD) and Travel Documents Associated with Notices database (Interpol TDAWN)according to that Regulation. _________________ 27 Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 303, 28.11.2018, p. 39). 28 Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226 (OJ L 236, 19.9.2018, p. 1). 29 Regulation (EU) 2016/794 of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53–114) 30 Regulation (EC) 2019/816 of the European Parliament and of the Council of 17 April 2019 establishing a centralised system for the identification of Member States holding conviction information on third-country nationals and stateless persons (ECRIS-TCN) to supplement the European Criminal Records Information System and amending Regulation (EU) 2018/1726 (OJ L 135, 22.5.2019, p. 1–26)
Amendment 331 #
Proposal for a regulation
Recital 38
Recital 38
(38) As to third-country nationals who are subject to the visa requirement under Regulation (EU) 2018/1806, they are submitted to security checks against the same databases as visa-free third country nationals, pursuant to Regulation (EU) 810/2009 and Regulation (EU) 767/2008 before a visa is issued.
Amendment 332 #
Proposal for a regulation
Recital 39
Recital 39
Amendment 335 #
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, thusare consulted and that prevents and avoidings repeated consultations.
Amendment 338 #
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. 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. 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.
Amendment 340 #
Proposal for a regulation
Recital 42
Recital 42
Amendment 345 #
(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, for identification or for the purpose of security checks, as applicable.
Amendment 346 #
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, tThe consultation of European databases for thate 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 and the effective implementation of the Union's asylum and return policiesof identification and security checks should be limited to the extent strictly necessary to achieve that purpose.
Amendment 350 #
Proposal for a regulation
Recital 45
Recital 45
(45) Since the objectives of this Regulation, namely the strengthening of the control of persons who are about toidentification of persons entering 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 353 #
Proposal for a regulation
Article 1 – title
Article 1 – title
Subject matter and scope
Amendment 357 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes thea screening at the external borders of the Member Statesprocedure of all third-country nationals who have crossed the external border in an unauthorisedirregular manner, of those who have applied for international protection during border checks without fulfilling entry conditions, as well as those disembarked after a search and rescue operation, before they arein order to referred them to the appropriate procedure.
Amendment 363 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 369 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
The objectpurpose of the screening shall be theo identification ofy all third-country nationals subject to it, and theo verification against relevant databases thaty whether the persons subject to it do not pose a threat to internal security. The screening shall also entail mandatory health checks, where appropriate, to identify persons in a vulnerable and in thesituation, those with special reception or procedural needs, and those in need of health care, as well the ones posing a threat to public health. Those checks shall contribute to referring such persons to the appropriate procedure.
Amendment 378 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 381 #
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.
Amendment 383 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Amendment 386 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
5 a. ‘biometric data’ means fingerprint data for the purposes of this Regulation;
Amendment 391 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 b (new)
Article 2 – paragraph 1 – point 5 b (new)
5 b. 'stateless person’ means a stateless person as laid down in Article 1 of the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954, in its original version;
Amendment 400 #
Proposal for a regulation
Article 3 – title
Article 3 – title
Screening at the external border
Amendment 406 #
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 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 Regulation (EU) 603/2013 for reasons other than their age, or
Amendment 417 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The screening is without prejudice to the application of Article 6(5) of Regulation (EU) 2016/399, except the situation where the beneficiary of an individual decision issued by the Member State based on Article 6(5)(c) of that Regulation is seeking international protection.
Amendment 423 #
Proposal for a regulation
Article 4 – title
Article 4 – title
Authorisation to enter and remain in the territory of a Member State
Amendment 427 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. During the screening, the persons referred to in Article 3, paragraphs 1 and 2 shall notbe provided with adequate accommodation and access to appropriate services and be authorised to enterremain in the territory of a Member State.
Amendment 433 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. The provisions of Directive (EU) xxxx/xxxx [Reception Conditions Directive] shall apply to persons who apply for international protection, in accordance with Article 16 of that Directive, from the moment they make their application for international protection.
Amendment 436 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. 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 be discontinued and the third- country national concerned shall be authorised to enter the territory, without prejudice to the application of penalties as referred to in Article 5(3) of that Regulation.
Amendment 440 #
Proposal for a regulation
Article 5
Article 5
Amendment 448 #
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 The screening shall be conducted in official adequate facilities located within the territory of the Member State that provide access to appropriate services, including legal and linguistic assistance. Third country nationals subject to the screening should have access to appeal procedure, legal advice and free legal aid. 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 proximity to theoints, including transit zones, at external borders.
Amendment 451 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. Persons shall be accommodated in accordance with the standards and provisions of Directive (EU) xxxx/xxxx [Reception Conditions Directive]. During the screening, detention must be a measure of last resort, must be as short as possible 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. Detention should be based on a detention order, translated to the person to a language the person can understand. Minors and other individuals in a situation of vulnerability should never be detained.
Amendment 454 #
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 lie detection systems or long-range acoustic devices shall be prohibited.
Amendment 458 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 462 #
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
3. In the cases referred to in Article 3, the screening shall be carried out without delay and shall in any case be completed within 5 days from the apprehension in the external border area, the disembarkation in the territory of the Member State concerned or the presentation at the border crossing point. In exceptional circumstances, where a disproportionate number of third-country nationals needs to be subject to the screening at the same time, making it impossible in practice to conclude the screening within that time- limit, the period of 5 days may be extended by a maximum of an additional 5 daysUpon the expiry of the five- day period, the person is to be referred without further delay to the relevant procedure pursuant to Article 14, even if the screening has not been completed, without prejudice to medical and vulnerability checks, which shall be continued in the regular procedure.
Amendment 468 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 473 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 478 #
Proposal for a regulation
Article 6 – paragraph 6 – point a
Article 6 – paragraph 6 – point a
(a) preliminary health and vulnerability checks as referred to in Article 9;
Amendment 481 #
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 Articles 10, 13 and 14a of Regulation (EU) xxxx/xxxx [Eurodac Regulation];
Amendment 485 #
Proposal for a regulation
Article 6 – paragraph 6 – point d
Article 6 – paragraph 6 – point d
(d) a security check as referred to in Article 11;
Amendment 491 #
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. Member States shall ensure that competent authorities have been provided with adequate training, including in European migration and asylum law and international human rights and refugee law. Competent authorities shall also be adequately trained to properly identify persons in vulnerable situations and refer them to the appropriate procedure and targeted support.
Amendment 494 #
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. National child protection authorities and national anti- trafficking rapporteurs shall also be involved, where appropriate.
Amendment 497 #
Proposal for a regulation
Article 6 – paragraph 7 – subparagraph 1 a (new)
Article 6 – paragraph 7 – subparagraph 1 a (new)
The best interests of the child shall be a primary consideration when implementing this Regulation. The “benefit of the doubt” principle in favour of the minor always applies when a person’s age is unclear or contested and no supporting documentation exists that proves his/her age.
Amendment 501 #
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. The tasks and activities performed within the framework of this Regulation by the relevant staff of EU agencies shall also be subject to the monitoring referred to in Article 7.
Amendment 507 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall adopt relevant provisions toand measures to constantly monitor and assess fundamental rights compliance of border management activities in their territories or by their authorities, to promptly and effectively investigate all allegations of non-respect for fundamental rights in relation to the screenand to prosecute all instances in which such allegations are substantiated by independent fact-finding.
Amendment 517 #
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. EIn this context, each Member State shall establish an independent monitoring mechanism which will perform the following tasks:
Amendment 518 #
Proposal for a regulation
Article 7 – paragraph 2 – indent -1 (new)
Article 7 – paragraph 2 – indent -1 (new)
-1 monitor, in coordination with the Fundamental Rights Officer where relevant, on an on-going basis border control and border surveillance activities performed by national authorities or relevant EU agencies in its territories, as well as all such activities performed by national authorities outside its territories and assess if the activities observed are compliant with applicable national law, EU law and international law;
Amendment 523 #
Proposal for a regulation
Article 7 – paragraph 2 – indent 1
Article 7 – paragraph 2 – indent 1
— to ensure compliance with EU and international law, including the Charter of Fundamental Rights, during the screeningmonitor and assess compliance of the screening, asylum and return procedures with EU and international law;
Amendment 531 #
Proposal for a regulation
Article 7 – paragraph 2 – indent 2
Article 7 – paragraph 2 – indent 2
Amendment 537 #
Proposal for a regulation
Article 7 – paragraph 2 – indent 3
Article 7 – paragraph 2 – indent 3
Amendment 542 #
Proposal for a regulation
Article 7 – paragraph 2 – indent 3 b (new)
Article 7 – paragraph 2 – indent 3 b (new)
- reporting publicly on all cases of non-compliance it may find;
Amendment 544 #
Proposal for a regulation
Article 7 – paragraph 2 – indent 3 d (new)
Article 7 – paragraph 2 – indent 3 d (new)
Amendment 546 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph -1 (new)
Article 7 – paragraph 2 – subparagraph -1 (new)
-1 The independent monitoring mechanism shall issue recommendations to Member States and EU agencies as referred to in paragraph 2, and report annually and publicly on its findings and recommendations. The findings of the independent monitoring mechanism shall be made available to the relevant Member State authorities for subsequent investigations and prosecution of human rights’ violations. Member State authorities shall ensure prompt and effective follow-up to the recommendations, and inform the monitoring mechanism accordingly.
Amendment 551 #
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, including by ensuring that national human rights organisations, ombudspersons, independent non- governmental or civil society organisations and international organisations are part of the monitoring system. Where independent national human rights bodies with legal or constitutional mandates that cover border management activities exist, such as national Ombudsman institutions, National Human Rights Institutions or National Preventive Mechanisms against torture set up pursuant to the Optional Protocol to the UN Convention Against Torture, these bodies could already be designated as the independent monitoring mechanism for the purposes of paragraph 2.They should invite relevant national, international, and non-governmental organisations and bodies to participate in the monitoring. Where no such bodies exist, Member States shall set them up, taking fully into account the international instruments that govern those institutions and safeguard their independence, namely the Paris Principles 1, the Venice Principles 2, the UN General Assembly Resolution of 2020 on the role of Ombudsman 3, and the OPCAT 4, with the support of the Fundamental Rights Agency.
Amendment 559 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Amendment 563 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2 a (new)
Article 7 – paragraph 2 – subparagraph 2 a (new)
The work of the independent monitoring mechanisms shall contribute to the assessment of the effective application and implementation of the Charter of Fundamental Rights according to Article 15(1) and Annex III of Regulation (EU) 2021/1060 (Common provisions Regulation).
Amendment 564 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2 b (new)
Article 7 – paragraph 2 – subparagraph 2 b (new)
Once the independence and effective functioning of the mechanism has been verified according to guidance developed by the Fundamental Rights Agency, the mechanism should receive adequate funding from the Integrated Border Management Fund’s Instrument for Financial Support for Border Management and Visa Policy (BMVI) and other EU funding sources. In this case, the functioning and effectiveness of the monitoring mechanism, including the fulfilment of the criteria on independence of the mechanism, shall be included in the national programming criteria and the mid-term review of these funds.
Amendment 565 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2 c (new)
Article 7 – paragraph 2 – subparagraph 2 c (new)
The independent monitoring mechanism shall, in particular: - receive and act upon information available in the public domain and/or information from international organisations, non-governmental organisations, journalists, EU agencies and institutions and affected individuals, even if these individuals are not present in the respective Member State; - be granted unhindered access to any location, including blue and green borders as well as detention and reception facilities, which it considers relevant for fulfilling its mandate, and be able to perform periodic announced and unannounced visits; - be granted access to all documents and records of relevance to its mission and be allowed to make or receive copies of which they have to ensure due confidentiality; - be able to receive complaints from victims of potential fundamental rights’ violations, or their representatives, to be addressed to the competent national judicial authority; - have the power to hear witnesses and alleged victims of fundamental rights’ violations, in full respect of confidentiality.
Amendment 574 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3 a (new)
Article 7 – paragraph 2 – subparagraph 3 a (new)
The Member States shall develop an effective and accessible complaint procedure available at borders, the existence of which is widely known, including in their neighbouring countries. They shall ensure the investigation of all allegations of breaches of fundamental rights during border surveillance, the screening, asylum and return procedures, in compliance with the requirements of the right to good administration, as general principle of EU law, and Article 47 of the Charter. Complaints have to be dealt with promptly, impartially, effectively, by independently acting persons, where victims are heard and sufficiently involved. The investigation must be capable of leading to rectification and compensation, as well as to the identification and prosecution of those responsible in an appropriate manner.
Amendment 577 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3 b (new)
Article 7 – paragraph 2 – subparagraph 3 b (new)
The independent monitoring mechanism shall act in synergy with other EU fundamental rights’ monitoring instruments such as, in particular, those provided by Articles 109, 110 and 111 of Regulation (EU) 2019/1896 (European Border and Coast Guard Regulation), the monitoring 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 by Regulation (EU) xxxx/xxxx [Schengen evaluation and monitoring mechanism Regulation].Observations, recommendations or opinions by the Frontex fundamental rights monitors and reports of serious incidents related to non- compliance with fundamental rights shall be shared between the independent monitoring mechanism and monitoring bodies of EU agencies. The independent monitoring mechanism is without prejudice to the mandates of existing monitoring bodies operating at the EU and international level.
Amendment 581 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7 a Data Protection 1. Regulation (EU) 2016/679, Regulation 2018/1725 and, where relevant, Directive 2018/680 shall apply to the processing of personal data carried out when implementing this Regulation. 2. Member States shall consult the national supervisory authority established pursuant to Article 51 of Regulation 2016/679 on the protection of the rights to data protection and privacy concerning their border management activities and the implementation of the screening under this Regulation annually. The national supervisory authority will publish their assessments annually. 3. The EDPB and EDPS may issue guidelines on the collection and processing of data for the purpose of this Regulation. 4. Member States will annually publish the number of data subject requests received and data notices provided under Regulation (EU) 2016/679 in the context of screening, asylum and return procedures.
Amendment 583 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. TCompetent authorities shall inform third-country nationals subject to the screening shall be succinctly informed about the purpose and the, modalities and duration of the screening and on the right to seek asylum, in particular:
Amendment 586 #
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the steps and, purpose, modalities and duration of the screening as well as possible outcomes of the screening;
Amendment 588 #
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 592 #
Proposal for a regulation
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
(b a) the possibility and modalities to apply for international protection, or other forms of protection as applicable in national law, as well as the procedures that follow the making of an application for international protection;
Amendment 593 #
Proposal for a regulation
Article 8 – paragraph 1 – point b b (new)
Article 8 – paragraph 1 – point b b (new)
(b b) 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;
Amendment 596 #
Proposal for a regulation
Article 8 – paragraph 1 – point b c (new)
Article 8 – paragraph 1 – point b c (new)
(b c) the obligation for irregularly staying third-country nationals to return in accordance with Directive XXXXX [Return Directive];
Amendment 597 #
Proposal for a regulation
Article 8 – paragraph 1 – point b d (new)
Article 8 – paragraph 1 – point b d (new)
(b d) the possibilities to enrol in a programme providing logistical, financial and other material or in-kind assistance for the purpose of supporting voluntary departure;
Amendment 598 #
Proposal for a regulation
Article 8 – paragraph 1 – point b e (new)
Article 8 – paragraph 1 – point b e (new)
(b e) the conditions of participation in relocation in accordance with Article XX of Regulation (EU) No XXX/XXX [ex- Dublin Regulation];
Amendment 599 #
Proposal for a regulation
Article 8 – paragraph 1 – point b f (new)
Article 8 – paragraph 1 – point b f (new)
(b f) the information referred to in Article 13 of Regulation (EU) 2016/679 [GDPR];
Amendment 600 #
Proposal for a regulation
Article 8 – paragraph 1 – point b g (new)
Article 8 – paragraph 1 – point b g (new)
(b g) the purposes for taking biometric data, and the complete list of relevant national and Union databases that the competent authority will query in accordance with Articles 10 and 11;
Amendment 601 #
Proposal for a regulation
Article 8 – paragraph 1 – point b h (new)
Article 8 – paragraph 1 – point b h (new)
(b h) information on the right to rectify and supplement information;
Amendment 602 #
Proposal for a regulation
Article 8 – paragraph 1 – point b i (new)
Article 8 – paragraph 1 – point b i (new)
(b i) the possibility to contact and be visited by organisations, bodies, and individuals, as referred to in Articles 6(1) and 8(4) which provide information and legal assistance;
Amendment 603 #
Proposal for a regulation
Article 8 – paragraph 1 – point b j (new)
Article 8 – paragraph 1 – point b j (new)
(b j) the applicable rules on the conditions of stay for third-country nationals in accordance with national law and the related residence procedures of the Member State.
Amendment 604 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 617 #
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 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 orally using interpretation services, including by relying on cultural mediators adequately trained. It shall be provided in an appropriate manner taking into account the age and the gender of the person.
Amendment 620 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 (new)
Article 8 – paragraph 3 – subparagraph 1 (new)
Information to children shall be provided in a child-friendly manner, in both written and oral forms by appropriately trained staff, and at the presence of the representative appointed pursuant to Article 9a in case of unaccompanied minors.
Amendment 624 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States mayshall authorise relevant and competent national, international and non-governmental organisations and bodies to provide third country nationals with information uander this articl assistance during the screening according to the provisions established by national law.
Amendment 630 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Amendment 635 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Third-country nationals submitted to the screening referred to in Article 3 shall be subject to a preliminary medical examination by qualified medical professionals 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 accordingly.
Amendment 640 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where relevant, it shall be checked whether persons referred to in paragraph 1Member States shall assess whether persons undergoing the screening are in a vulnerable situation, are victims of torture, are stateless or at risk of statelessness, or have special reception or procedural needs within the meaning of Article 201 of the [recast] Reception Conditions Directive and Article 20 of Regulation (EU) xxxx/xxxx [Asylum Procedure Regulation].
Amendment 646 #
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 the case of minors, support shall be given by personnel trained and qualified to deal with minors, and in cooperation with child protection authorities. The vulnerability assessments during the screening procedure are without prejudice to the mandatory vulnerability checks in subsequent asylum and return procedures.
Amendment 648 #
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3 a. Member States shall make sure that all applicants in a vulnerable situation are immediately channelled into the regular asylum or regular return procedure and that all applicants in need are provided quick access to international protection.
Amendment 649 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 655 #
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Article 9 a Representative for unaccompanied minors Member States shall as soon as possible, and before the screenings starts, appoint a representative for unaccompanied minors. The minor shall be informed immediately of their right to have a representative. The representative shall perform his or her duties in accordance with the principle of the best interests of the child. The representative shall have the resources, qualifications, training and expertise to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this Regulation. Such representative shall have access to the content of the relevant documents in the applicant’s file including the specific information material for unaccompanied minors, and shall inform the child accordingly about the procedure.
Amendment 658 #
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 databases:
Amendment 662 #
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 667 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. For the purpose of the identification referred to in paragraph 1, the 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 identitshall be taken only once for the purposes of this Regulation and of Regulation xxxx/xxxx [Eurodac Regulation]. 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 677 #
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, within the meaning of paragraph 2, to verify that they do not constitute a threat to internal security. The security check may cover both the third-country nationals and the objects in their possession. The law of the Member State concerned shall apply to any searches carried out. The 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.
Amendment 680 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. For the purpose of conducting the security check referred to in paragraph 1, and to the extent that they have not yet done so in accordance with Article 8(3), point (a)(vi), of Regulation (EU) 2016/399, the competent authorities shall query relevant national and Union databases, in particular the Schengen Information System (SIS)launch a query in accordance with article 12.
Amendment 684 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 686 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 688 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 690 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The queries provided for in Article 10(2) and in Article 11(2) mayof this Regulation shall be launched using, for queries related to EU information systems and the CIR, the European Search Portal in accordance with Chapter II of Regulation (EU) 2019/817 and with Chapter II of Regulation (EU) 2019/81836 . Access to CIR and use of ESP by competent authorities shall be limited to the extent that the data are required for the performance of their tasks in accordance with those purposes, and shall be proportionate to the objectives pursued. No force or coercion shall be used to ensure the taking of third-country nationals’ personal data, including biometric data. _________________ 36 Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration, OJ L 135, 22.5.2019, p. 85.
Amendment 692 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 696 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 697 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 700 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The Commission shall adopt implementingdelegated acts to specify the procedure for cooperation between the authorities responsible for carrying out the screening, Interpol National Central Bureaux, Europol national unit, and ECRIS-TCN central authorities, respectively, to determine the risk to internal security. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2) to determine the threat to internal security.
Amendment 704 #
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 the following information:
Amendment 708 #
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 713 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) initial indication of nationalities or statelessness, countries of residence prior to arrival and languages spoken;
Amendment 717 #
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) reasons for unauthorised arrival, entry, and, where appropriate illegal stay or residence, including information on whether the person made an application for international protectionarrival;
Amendment 721 #
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 applied for international protection;
Amendment 722 #
Proposal for a regulation
Article 13 – paragraph 1 – point c b (new)
Article 13 – paragraph 1 – point c b (new)
Amendment 723 #
Proposal for a regulation
Article 13 – paragraph 1 – point c c (new)
Article 13 – paragraph 1 – point c c (new)
(c c) information as to whether the third-country national has family ties in the territory of any of the Member States.
Amendment 724 #
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
Amendment 726 #
Proposal for a regulation
Article 13 – paragraph 1 – point e
Article 13 – paragraph 1 – point e
Amendment 731 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
The form shall be drafted in a language which the third-country national understands and be handed 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 Article 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.
Amendment 736 #
Proposal for a regulation
Article 13 – paragraph 1 b (new)
Article 13 – paragraph 1 b (new)
Information included in the form shall be also be 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 9a.
Amendment 745 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – indent 1
Article 14 – paragraph 1 – subparagraph 1 – indent 1
— have not applied for international protection andeleted
Amendment 748 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – indent 1 a (new)
Article 14 – paragraph 1 – subparagraph 1 – indent 1 a (new)
- do not fall under the scope of paragraphs 2 and 3 of this Article, and
Amendment 751 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – indent 2
Article 14 – paragraph 1 – subparagraph 1 – indent 2
— with regard to whom the screening has not revealed that they fulfil entry conditions set out in Article 6 of Regulation (EU) 2016/399, and
Amendment 752 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – indent 2 a (new)
Article 14 – paragraph 1 – subparagraph 1 – indent 2 a (new)
- are not eligible to 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,
Amendment 754 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1 – subparagraph 1
shall be referred to the competent authorities to apply the procedures respectprovided for ing Directive (EU) 2008/115/EC (Return Directive), without prejudice to the application of Article 6(5) of Regulation (EU) 2016/399.
Amendment 763 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
In cases not related to search and rescue operations, entry may be refused in accordance with the procedure laid down in Article 14 of Regulation 2016/399.
Amendment 764 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 3
Article 14 – paragraph 1 – subparagraph 3
The form referred to in Article 13 shall be transmitted to the relevant authorities to whom the third country national is being referred, together with the reasons in law and fact explaining the choice for the referral to the specific procedure. Both the information included in the form and the reasons accompanying the transmission of the form to the relevant authorities can constitute grounds of appeals and be challenged in the appropriate procedure regarding asylum or return.
Amendment 766 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Third-country nationals who madke, have made or have expressed the wish to make an application for international protection shall be referred to the authoriticompetent authorities to apply asylum procedures referred to in Article XY of Regulation (EU) No XXX/XXX [Asylum Procedure Regulation], together with the form referred to in Article 13 of this Regulation. On that occasion, the authorities conducting the screening shall point in the de-briefing form to any elements which seem at first sight to be relevant to refer the third-country nationals concerned into the accelerated examination procedure or the border procedure.
Amendment 771 #
Amendment 776 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
Amendment 780 #
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
Amendment 784 #
Proposal for a regulation
Article 14 – paragraph 7
Article 14 – paragraph 7
7. Where the third country nationals referred to in Article(s) 3(1) and Article 5 are referred to an appropriate procedure regarding asylum or return, the screening ends. 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. 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 health and vulnerability checks under Article 9 of this Regulation have not been completed during the screening, border procedures shall not be applied and the checks shall be promptly resumed in the regular asylum or the regular return procedure. Where the outcome of health and vulnerability checks under Article 9 of this Regulation indicates that the third- country national is in vulnerable situation, is a victim of torture or has special reception or procedural needs, that person shall be immediately channelled in the regular asylum or the regular return procedure if it is not already the case.
Amendment 793 #
Proposal for a regulation
Article 16
Article 16
Regulation (EC) 767/2008
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendments to Regulation (EC) No Regulation (EC) No 767/2008 is amended as follows: (1) In Article 6, paragraph 2 is replaced by the following: ‘‘2. Access to the VIS for the purposes of consulting the data shall be reserved exclusively for the duly authorised staff of the ETIAS Central Unit, of the national authorities of each Member State, including to duly authorised staff of the ETIAS National Units, designated pursuant to Article 8 of Regulation (EU) 2018/1240 of the European Parliament and of the Council, which are competent for the purposes laid down in Articles 15 to 22, for the duly authorised staff of the national authorities of each Member States and of the Union agencies, which are competent for the purposes laid down in Articles 20 and 21 of Regulation 2019/817, and for the competent authorities provided under Article 6(6) of Regulation (EU) 2020/XXX of the European Parliament and of the Council37 . 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.; _________________ 37 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 16 deleted 767/2008
Amendment 795 #
Proposal for a regulation
Article 17
Article 17
Regulation (EU) 2017/2226
Article 6 – paragraph 1 – point l, Article 9 – paragraphs 1 and 4
Article 6 – paragraph 1 – point l, Article 9 – paragraphs 1 and 4
Amendment 796 #
Proposal for a regulation
Article 18
Article 18
Regulation (EU) 2018/1240
Article 4 – point a, Article 13 – paragraph 5
Article 4 – point a, Article 13 – paragraph 5
Amendments to Regulation (EU) Regulation (EU) 2018/1240 is amended as follows: (1) In Article 4, point (a) is replaced by the following: ‘‘(a) contribute to a high level of security by providing for a thorough assessment of applicants as regards the risk they may pose to internal security, prior to their arrival at external border crossing points, and of persons subject to the screening referred to in Regulation (EU) 2020/XXX of the European Parliament and of the Council39 [Screening Regulation], in order to determine whether there are factual indications or reasonable grounds based on factual indications to conclude that the presence of the person on the territory of the Member States poses a security risk; ‘5. Each Member State shall designate the competent national authorities referred to in paragraphs 1, 2 and 4 of this Article, and the competent authority referred to in Article 5(6) of Regulation (EU) 2020/XXX, and shall communicate a list of those authorities to eu-LISA without delay, in accordance with Article 87(2) of this Regulation. That list shall specify for which purpose the duly authorised staff of each authority shall have access to the data in the ETIAS Information System in accordance with paragraphs 1, 2 and 4 of this Article. _________________ 39 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 18 deleted 2018/1240
Amendment 799 #
Proposal for a regulation
Article 19 – paragraph 1 – point 2
Article 19 – paragraph 1 – point 2
Regulation (EU) 2019/817
Article 20a – introductory part
Article 20a – introductory part
Access to the common identity repository for identification according to Regulation (EU) 2020/XXX [Regulation on Screening]
Amendment 800 #
Proposal for a regulation
Article 19 – paragraph 1 – point 2
Article 19 – paragraph 1 – point 2
Regulation (EU) 2019/817
Article 20a – paragraph 1
Article 20a – paragraph 1
1. Queries of the CIR shall be carried out by the designated competent authority as defined in Article 6(7) of Regulation (EU) 2020/XXX [Regulation on Screening], solely for the purpose of identifying a person according to Article 10 of that Regulation, provided that the procedure was initiated in the presence of that person.
Amendment 802 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
[ThreOne years after entry into force, the Commission shall report on the implementation of the measures set out in this Regulation.]
Amendment 805 #
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 [five] years’ time limit expires.
Amendment 808 #
Proposal for a regulation
Annex 1 – point 2
Annex 1 – point 2
2.Sex/gender:
Amendment 809 #
Proposal for a regulation
Annex 1 – point 5
Annex 1 – point 5
5.Nationality/ies or statelessness (initial indication):
Amendment 811 #
Proposal for a regulation
Annex 1 – point 7
Annex 1 – point 7
7.Reason to perform screening: A. Irregular entry Please specify also, as appropriate: no/forged/ falsified travel document, no/forged/ falsified visa or travel authorisation, other B. Arrival via search and rescue C. Application for international protection at a Border Crossing Point D. no indication of a border check at an external border: □ no stamp in a travel document/no entry in the Entry Exit System □ no travel documentDeleted Deleted Deleted Deleted B. Arrival via search and rescue C. Application for international protection at a Border Crossing Point Deleted Deleted Deleted
Amendment 813 #
Proposal for a regulation
Annex 1 – point 7a (new)
Annex 1 – point 7a (new)
7a. Has an application for international protection been made? □ Yes □ No
Amendment 818 #
Proposal for a regulation
Annex 1 – point 10
Annex 1 – point 10
Amendment 820 #
Proposal for a regulation
Annex 1 – point 11
Annex 1 – point 11
Amendment 822 #
Proposal for a regulation
Annex 1 – point 11a (new)
Annex 1 – point 11a (new)
11a. Vulnerability checks carried out? □ Yes □ No If yes, please provide details of the outcome, indicating whether the third- country national is in a vulnerable situation, is a victim of torture or has special reception or procedural needs. If not, please indicate the reasons why those checks have not been completed.
Amendment 823 #
Proposal for a regulation
Annex 1 – point 11b (new)
Annex 1 – point 11b (new)
Amendment 824 #
Proposal for a regulation
Annex 1 – point 12
Annex 1 – point 12
12. Itinerary: a) places/countries of previous residence: b) point of departure: c) third countries and places (e.g. city, province) of transit and the duration of stay: d) modalities of transit (e.g. means of transportation, with a group, individual), assistance received (e.g. facilitators, modes of communication used), payments made/to be made, etc.: e) third countries where protection was sought: f) third countries where protection was granDeleted Deleted Deleted Deleted Deleted Deleted: g) intended destination within the Union:
Amendment 825 #
Proposal for a regulation
Annex 1 – point 13
Annex 1 – point 13