17 Amendments of Nadine MORANO related to 2020/0278(COD)
Amendment 210 #
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. The Member States should apply measures pursuant to national law to prevent the persons concerned from entering the territory during the screening. In individual cases, where required, this mayThis includes detention, subject toin accordance with the national law regulating that matter.
Amendment 222 #
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 theyAs the goal of screening is to increase security at external borders and in the area of free movement, all persons whose entry has been authorised by a Member State under the derogation referred to in Article 6(5) of Regulation (EU) 2016/399, as the persons covered by that provision do not fulfil all entry conditions.
Amendment 262 #
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 tThe best interests of the child should be taken into account.
Amendment 272 #
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) 2016/399. 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 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 inassist with the monitoring. The independent monitoring mechanism should be without prejudice to the monitoring of fundamental rights provided by the European Border and Coast Guard Agency’s fundamental rights monitors provided for in Regulation (EU) 2019/1896. The Member States should investigate allegations of the breach of the fundamental rights during the screening, including by ensuring that complaints are dealt with expeditiously and in an appropriate way.
Amendment 293 #
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) Bone testing should be offered to those screened who claim to be minors, with a view to confirming their minor status and ruling out the most obviously unfounded applications for recognition as a minor;
Amendment 307 #
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 wWhere 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, along without the CIR providing any indication as to which EU information system the data belong tosource of that data.
Amendment 375 #
Proposal for a regulation
Article premier – paragraph 3
Article premier – paragraph 3
The object of the screening shall be the identification of all third-country nationals subject to it and the verification against relevant databases that the persons subject to it do not pose a threat to internal security. The screening shall also entail health checks and medical examinations, where appropriate, to identify persons vulnerable and in the need of health care as well the ones posing a threat to public health. Those checks shall contribute to referring such persons to the appropriate procedure.
Amendment 388 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
5a. 'bone testing': the performance of a medical examination, including the taking of X-rays and their comparison with an atlas, with the aim of determining, subject to a margin of error, whether a person is an adult or a minor;
Amendment 416 #
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 onshall also apply to persons covered by Article 6(5)(c) of that Regulation is seeking international protection(EU) 2016/399.
Amendment 426 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. During the screening, the persons referred to in Article 3, paragraphs 1 and 2 shall not be authorised to enter the territory of a Member State.
Amendment 488 #
Proposal for a regulation
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
6a. The screening of third-country nationals who claim to be minors may also include bone testing with a view to confirming their status as minors and dismissing the most obviously unfounded applications for minor status.
Amendment 495 #
Proposal for a regulation
Article 6 – paragraph 7 – subparagraph 1
Article 6 – paragraph 7 – subparagraph 1
Member States shall designate qualified medical staff to carry out the health check provided for in Article 9 and the bone testing provided for in Article 6. National child protection authorities and national anti- trafficking rapporteurs shall also be involved, where appropriate.
Amendment 572 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3
Article 7 – paragraph 2 – subparagraph 3
Member States may invite relevant national, international and non- governmental organisations and bodies to participate inassist with the monitoring.
Amendment 613 #
Proposal for a regulation
Article 8 – paragraph 2 – point f a (new)
Article 8 – paragraph 2 – point f a (new)
(fa) bone testing to confirm or annul minor status.
Amendment 659 #
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) identity, travel or any other documents;
Amendment 709 #
Proposal for a regulation
Article 13 – paragraph 1 – point a a (new)
Article 13 – paragraph 1 – point a a (new)
(aa) where relevant, the performance of a bone test and the conclusions of that test;
Amendment 819 #
Proposal for a regulation
Annex 1 – point 10a (new)
Annex 1 – point 10a (new)
10a. Performance of bone testing: □ Yes □ No If testing was performed, conclusions of the test: