2020/0278(COD) Screening Regulation
Lead committee dossier:
Progress: Awaiting Parliament's position in 1st reading
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE |
SIPPEL Birgit ( S&D)
|
ZOIDO ÁLVAREZ Juan Ignacio ( EPP),
OETJEN Jan-Christoph ( Renew),
STRIK Tineke ( Verts/ALE),
VANDENDRIESSCHE Tom ( ID),
WEIMERS Charlie ( ECR),
ERNST Cornelia ( GUE/NGL)
|
| Committee Opinion | AFET | ||
| Committee Opinion | BUDG |
Lead committee dossier:
Legal Basis:
TFEU 077-p2
Legal Basis:
TFEU 077-p2Subjects
Events
2023/04/20
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71 - vote)
2023/04/17
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2023/04/14
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Birgit SIPPEL (S&D, DE) 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.
The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Subject matter
The purpose of the screening should be to strengthen border checks at the external borders, to identify all third-country nationals subject to it and to verify against the relevant databases whether the persons subject to it might pose a threat to internal security. The screening should also include a mandatory preliminary health check and a mandatory preliminary vulnerability check, which seek to identify vulnerable persons, persons with special reception or procedural needs, and persons in need of health care. The screening should also seek to identify persons that possibly pose a threat to public health.
Requirements concerning the screening
The screening may be conducted at any appropriate and adequate location within the territory of a Member State to be designated by that Member State, including at or in proximity to the external borders. The screening should be completed as soon as possible and should not exceed five days . In a situation of crisis, the screening should be carried out at the latest within ten days. Member States should still always carry out the screening without delay and as quickly as possible.
Member States should ensure that all persons subject to the screening are accorded a standard of living which guarantees their subsistence, protects their physical and mental health.
Biometric surveillance technologies
Third-country nationals should not be subject to any intrusive biometric surveillance technologies nor predictive analytics and biometric categorisation in or around the reception or screening facilities or during the screening. The use of lie detection systems or long-range listening devices shall be prohibited.
Independent monitoring mechanism
The report stressed that each Member State should establish an independent monitoring mechanism to monitor compliance with Union and international law, during border surveillance and the screening procedure, including in relation to: (a) access to the asylum procedure; (b) the principle of non-refoulement; (c) the best interest of the child; (d) the right to health care; (e) reception conditions; (f) the relevant rules on detention of the person concerned; (g) the procedural safeguards applicable to the person concerned.
The Fundamental Rights Agency (FRA) should establish general guidance as to the establishment and the independent functioning of such monitoring mechanism.
Guarantees for minors
During the screening procedure, the best interests of the child should always be a primary consideration. Member States should, as soon as possible, take measures to ensure that a representative represents and assists the unaccompanied minor during the screening.
Documents
2023/03/28
EP - Vote in committee, 1st reading
2023/03/28
EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2022/01/24
EP - Amendments tabled in committee
Documents
2022/01/24
EP - Amendments tabled in committee
Documents
2022/01/24
EP - Amendments tabled in committee
Documents
2021/11/16
EP - Committee draft report
Documents
2021/04/16
EL_PARLIAMENT - Contribution
Documents
2021/03/30
RO_SENATE - Contribution
Documents
2021/01/21
PT_PARLIAMENT - Contribution
Documents
2020/12/15
ES_PARLIAMENT - Contribution
Documents
2020/11/11
EP - Committee referral announced in Parliament, 1st reading
2020/11/09
EP - SIPPEL Birgit (S&D) appointed as rapporteur in LIBE
2020/09/23
EC - Legislative proposal published
Details
PURPOSE: to establish a seamless pre-entry screening procedure at the external borders of the Member States applicable to all non-EU citizens crossing without authorisation.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: the New Pact on Migration and Asylum advocates integrated policy-making bringing together policies in the areas of asylum, migration, return, external border protection, fight against migrants’ smuggling and relations with key third countries reflecting a whole of government approach. It recognises that a comprehensive approach also means a stronger, more sustainable and tangible expression of the principle of solidarity and fair sharing of responsibility.
The challenges of migration management, related in particular to ensuring a quick identification of those in need of international protection or effective returns (for those who are not in need of protection), should be dealt with in an uniform manner by the entire EU as a whole. The available data demonstrate that the arrival of third-country nationals with clear international protection needs as observed in 2015-2016 has been partly replaced by mixed arrivals of persons. It is therefore important to develop a new effective process allowing for better management of mixed migration flows.
It is also important to create a tool allowing for the identification, at the earliest stage possible, of persons who are unlikely to receive protection in the EU. Such a tool should be built in the process of controls at the external borders, with a swift outcome as well as clear and fair rules, and should result in accessing the appropriate procedure (asylum or the procedure respecting the Return Directive).
CONTENT: given that the external border is where the EU needs to close the gaps between external border controls and asylum and return procedures, the Commission is proposing to establish a seamless procedure at the border applicable to all non-EU citizens crossing without authorisation, comprising pre-entry screening, an asylum procedure and where applicable a swift return procedure – thereby integrating processes which are currently separate.
This proposal seeks to put in place a pre-entry screening that should be applicable to all third-country nationals who are present at the external border without fulfilling the entry conditions or after disembarkation, following a search and rescue operation.
Objectives and main elements of the screening
The objective of the screening is to contribute to the new comprehensive approach to migration and mixed flows by ensuring that the identity of the persons but also any health and security risks are quickly established.
The screening shall include:
- a preliminary health and vulnerability check;
- an identity check against information in European databases;
- registration of biometric data (i.e. fingerprint data and facial image data) in the appropriate databases, to the extent it has not occurred yet; and
- a security check through a query of relevant national and Union databases, in particular the Schengen Information System (SIS), to verify that the person does not constitute a threat to internal security.
Scope
The proposed Regulation shall apply to:
- all third-country nationals who are present at the external border without fulfilling the entry conditions and for whom Member States are required to collect fingerprints under the Eurodac Regulation;
- persons who, although not eligible for entry to the EU, request international protection at border checks;
- people brought ashore following search and rescue operations at sea;
- persons apprehended on the territory if they first evaded external border checks on entering the Schengen area.
Location and duration of the screening
The location shall be at the external borders, except in certain cases. The proposed duration of the screening process is five days, unless the person concerned has already been kept at the border for 72 hours, in relation to unauthorised crossing of the external border. In such a case, the screening should not exceed 2 days. In case of the screening of persons apprehended within the territory the screening should not exceed three days. The proposal also stressed the need for the Member States to involve child protection authorities and the national Anti-trafficking rapporteurs in cases of vulnerable persons or minors.
Identification and security checks
Specific rules are proposed concerning the identification of third-country nationals by means of consulting the Common Identity Repository (CIR) established by the Interoperability Regulation. Consultation of the CIR allows consulting 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 of or duplication of data.
Competent authorities should also consult the Interpol Travel Documents Associated with Notices (TDAWN) database in order to verify whether the third country nationals do not present a security threat. All such checks should be carried out, to the extent possible, on the basis of biometric data, in order to minimise the risk of false identification, and the results of the searches should be restricted to reliable data only.
Role of EU agencies
Lastly, the proposal recognises the role of the EU agencies – Frontex and the European Union Agency for Asylum, which may accompany and support the competent authorities in all their tasks related to the screening. It also gives an important role to the Fundamental Rights Agency in supporting Member States in development of the independent monitoring mechanisms of fundamental rights in relation to the screening.
Budgetary implications
The proposed Regulation has implications for the EU budget. The total financial resources necessary to support the implementation of this proposal is estimated at an amount of EUR 417.626 million, for the period 2021-2027.
The following elements of the screening will potentially require financial support: (i) infrastructure for the screening: creation and use/upgrade of the existing premises at the Border Crossing Points, reception centres etc.; (ii) access to the relevant databases at new locations; (iii) hiring of additional staff to carry out the screening; (iv) training of border guards and other staff to carry out the screening; (v) recruitment of medical staff; (vi) medical equipment and premises for the preliminary health checks, where appropriate; (vii) setting up the independent monitoring mechanism of fundamental rights during the screening.
The expenses related to these new tasks can be covered by the resources available to the Member States under the new Multiannual Financial Framework 2021-2027.
Documents
Documents
- Committee report tabled for plenary, 1st reading: A9-0149/2023
- Amendments tabled in committee: PE703.278
- Amendments tabled in committee: PE703.276
- Amendments tabled in committee: PE703.277
- Committee draft report: PE700.425
- Contribution: COM(2020)0612
- Contribution: COM(2020)0612
- Contribution: COM(2020)0612
- Contribution: COM(2020)0612
- Legislative proposal published: COM(2020)0612
- Legislative proposal published: EUR-Lex
- Committee draft report: PE700.425
- Amendments tabled in committee: PE703.278
- Amendments tabled in committee: PE703.276
- Amendments tabled in committee: PE703.277
- Contribution: COM(2020)0612
- Contribution: COM(2020)0612
- Contribution: COM(2020)0612
- Contribution: COM(2020)0612
Activities
Votes
Filtrage des ressortissants de pays tiers aux frontières extérieures - Screening of third country nationals at the external borders - Screening von Drittstaatsangehörigen an den Außengrenzen - A9-0149/2023 - Birgit Sippel - Décision d'engager des négociations interinstitutionnelles (article 71 du règlement) #
2023/04/20 Outcome: +: 419, -: 126, 0: 30
PPE
The Left
NI| Amendments | Dossier |
| 683 |
2020/0278(COD)
2022/01/24
LIBE
20 amendments...
Amendment 809 #
Proposal for a regulation Annex 1 – point 5 5.Nationality/ies or statelessness (initial indication):
Amendment 810 #
Proposal for a regulation Annex 1 – point 5 5.Nationality/ies or statelessness (initial indication):
Amendment 811 #
Proposal for a regulation Annex 1 – point 7 7.Reason to perform screening: A. Irregular entry
Amendment 812 #
Proposal for a regulation Annex 1 – point 7 7.Reason
Amendment 813 #
Proposal for a regulation Annex 1 – point 7a (new) 7a. Has an application for international protection been made? □ Yes □ No
Amendment 814 #
Proposal for a regulation Annex 1 – point 8a (new) Amendment 815 #
Proposal for a regulation Annex 1 – point 8b (new) 8b. Preliminary vulnerabilities check carried out □ Yes □ No If yes, specific reception or procedural needs identified and /or the checks that were not completed during the screening procedure:
Amendment 816 #
Proposal for a regulation Annex 1 – point 8c (new) 8c. Family members or close relatives present in the EU: □ Yes □ No If yes, please provide details of the relevant family members or close relatives and the relevant Member State.
Amendment 817 #
Proposal for a regulation Annex 1 – point 10 Amendment 818 #
Proposal for a regulation Annex 1 – point 10 Amendment 819 #
Proposal for a regulation Annex 1 – point 10a (new) 10a. Performance of bone testing: □ Yes □ No If testing was performed, conclusions of the test:
Amendment 820 #
Proposal for a regulation Annex 1 – point 11 Amendment 821 #
Proposal for a regulation Annex 1 – point 11 Amendment 822 #
Proposal for a regulation 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) Amendment 824 #
Proposal for a regulation Annex 1 – point 12 12. Itinerary:
Amendment 825 #
Proposal for a regulation Annex 1 – point 13 Amendment 826 #
Proposal for a regulation Annex 1 – point 13 Amendment 827 #
Proposal for a regulation Annex 1 – point 16a (new) 16a. Comments and approval by designated interpretation services: Signature/s of official interpreter/s (name + service):
source: 703.278
2022/01/26
LIBE
300 amendments...
Amendment 146 #
Proposal for a regulation Title 1 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL introducing a screening of third country nationals at the external borders and amending Regulation
Amendment 147 #
Proposal for a regulation Citation 1 Having regard to the Treaty on the
Amendment 148 #
Proposal for a regulation 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 149 #
Proposal for a regulation Recital 1 (1) The Schengen area was created to achieve
Amendment 150 #
Proposal for a regulation Recital 1 (1) The Schengen area was created to achieve the Union’s objective of establishing an area without internal frontiers in which the free movement of persons is ensured, as set out in Article 3(2) of the Treaty on European Union (TEU). The good functioning of this area relies on mutual trust between the Member States
Amendment 151 #
Proposal for a regulation 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 152 #
Proposal for a regulation Recital 1 (1) The Schengen area was created to achieve the Union’s objective of establishing an area without internal frontiers in which the free movement of persons, goods and services is ensured, as set out in Article 3(2) of the Treaty on European Union (TEU). The good functioning of this area relies on mutual trust between the Member States and efficient management of the external border.
Amendment 153 #
Proposal for a regulation Recital 1 a (new) (1a) However, it must be noted that there are no effective external borders, which are a prerequisite to the establishment and proper functioning of the Schengen area, and that migrant routes are used by terrorists.
Amendment 154 #
Proposal for a regulation 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
Amendment 155 #
Proposal for a regulation 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 avoid border checks at the external borders
Amendment 156 #
Proposal for a regulation Recital 2 (2) The rules governing border control of persons crossing the external borders of
Amendment 157 #
Proposal for a regulation 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
Amendment 158 #
Proposal for a regulation 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
Amendment 159 #
Proposal for a regulation 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
Amendment 160 #
Proposal for a regulation Recital 3 (3) It is essential to ensure that in those
Amendment 161 #
Proposal for a regulation 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
Amendment 162 #
Proposal for a regulation 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 t
Amendment 163 #
Proposal for a regulation Recital 3 (3) It is essential to ensure that in those three sets of situations, the third country nationals are screened, in order to facilitate a proper identification and to allow for them being referred efficiently to the relevant procedures which, depending on the circumstances, can be procedures for international protection or
Amendment 164 #
Proposal for a regulation 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
Amendment 165 #
Proposal for a regulation Recital 3 (3) It is essential to ensure that in those three sets of situations, the third country nationals are screened, in order to facilitate a proper identification and to allow for them being referred efficiently to the relevant procedures which, depending on the circumstances, can be procedures for international protection
Amendment 166 #
Proposal for a regulation Recital 3 (3) It is essential to ensure that in those
Amendment 167 #
Proposal for a regulation Recital 4 (4) Border control is not only in the interest
Amendment 168 #
Proposal for a regulation Recital 4 (4) Border control is in the interest not only of the Member States at whose external borders it is carried out but of all Member States which have abolished internal border control. Border control should help to
Amendment 169 #
Proposal for a regulation Recital 4 (4) Border control is in the interest not only of the Member States at whose external borders it is carried out but of all Member States
Amendment 170 #
Proposal for a regulation Recital 4 (4) Border control is in the interest not only of the Member States at whose external borders it is carried out but of all Member States which have abolished internal border control. Border control should
Amendment 171 #
Proposal for a regulation Recital 4 (4) Border control is in the interest not only of the Member States at whose external borders it is carried out but of all Member States which have abolished internal border control. Border control should help to
Amendment 172 #
Proposal for a regulation Recital 4 (4) Border control is not only in the interest
Amendment 173 #
Proposal for a regulation 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 174 #
Proposal for a regulation Recital 4 a (new) (4 a) An effective border management is an integrated part in the European approach to asylum and migration, which builds on the principle of solidarity and fair sharing of responsibility.
Amendment 175 #
Proposal for a regulation Recital 5 (5) In accordance with Article 2 of Regulation (EU) 2016/399, border control consists of border checks carried out at the border crossing points and border surveillance, which is carried out between the border crossing points, in order to prevent third-country nationals from circumventing border checks.
Amendment 176 #
Proposal for a regulation Recital 5 (5) In accordance with Article 2 of Regulation (EU) 2016/399, border control consists of border checks carried out at the border crossing points and border surveillance, which is carried out between the border crossing points, in order to prevent third-country nationals from illegally circumventing border checks. In accordance with Article 13 of Regulation (EU) 2016/399 a person who has crossed a border in an unauthorised manner and who has no right to stay on the territory of the Member State concerned shall be apprehended and made subject to procedures respecting Directive 2008/115/EC.
Amendment 177 #
Proposal for a regulation 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
Amendment 178 #
Proposal for a regulation 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
Amendment 179 #
Proposal for a regulation Recital 5 a (new) (5 a) In order to prevent and detect unauthorised migration and third-country nationals circumventing the border checks at the external border, the Union and Member States should take actions for an effective management of the Union's external borders, based on the European integrated border management. In accordance with Article 3(2)(a) of Regulation 2021/1148, this should include the funding of infrastructure, buildings, systems and services required at border crossing points and for border surveillance between border crossing points.
Amendment 180 #
Proposal for a regulation Recital 6 (6) Border guards are often confronted with situations where third-country nationals, w
Amendment 181 #
Proposal for a regulation Recital 6 (6) Border guards are often
Amendment 182 #
Proposal for a regulation Recital 6 (6) Border guards are often confronted with third-country nationals who are requesting international protection without travel documents, both following apprehension during border surveillance and during checks at the border crossing points. Moreover, at some border sections the border guards are confronted with large numbers of arrivals at the same time. In such circumstances, it is particularly difficult to ensure that all relevant databases are consulted
Amendment 183 #
Proposal for a regulation Recital 6 (6) Border guards are often confronted with third-country nationals who are requesting international protection without travel documents, both following apprehension during border surveillance and during checks at the border crossing points. Moreover, at some border sections the border guards are confronted with large numbers of arrivals at the same time. In such circumstances, it is particularly difficult to ensure that all relevant databases are consulted and to immediately determine the appropriate
Amendment 184 #
Proposal for a regulation Recital 6 (6) Border guards are often confronted with third-country nationals who are requesting international protection without travel documents or any other documents supporting their claims, both following apprehension during border surveillance and during checks at the border crossing points. Moreover, at some border sections the border guards are confronted with large numbers of arrivals at the same time. In such circumstances, it is particularly difficult to ensure that all relevant databases are consulted and to immediately determine the appropriate asylum or return procedure.
Amendment 185 #
Proposal for a regulation Recital 6 (6) Border guards are often confronted with third-country nationals who are requesting international protection without the necessary identification and/or travel documents, both following apprehension during border surveillance and during checks at the border crossing points. Moreover, at some border sections the border guards are confronted with large numbers of arrivals at the same time. In such circumstances, it is particularly difficult to ensure that all relevant databases are consulted and to immediately
Amendment 186 #
Proposal for a regulation Recital 7 (7) In order to ensure a swift
Amendment 187 #
Proposal for a regulation Recital 7 (7) In order to
Amendment 188 #
Proposal for a regulation Recital 7 (7) In order to ensure a
Amendment 189 #
Proposal for a regulation Recital 7 (7) In order to ensure a swift and better handling of third-country nationals who
Amendment 190 #
Proposal for a regulation Recital 7 (7) In order to ensure a swift handling of third-country nationals who try to avoid border checks or who request international protection at a border crossing point without fulfilling the entry conditions
Amendment 191 #
Proposal for a regulation Recital 7 (7) In order to ensure a swift and efficient handling of third-country nationals who try to avoid 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 health, the examination of the need for international protection and the application of return procedures.
Amendment 192 #
Proposal for a regulation Recital 8 Amendment 193 #
Proposal for a regulation 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.
Amendment 194 #
Proposal for a regulation Recital 8 (8)
Amendment 195 #
Proposal for a regulation Recital 9 (9) With regard to those persons who apply for international protection, the screening should
Amendment 196 #
Proposal for a regulation 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 in a third country partner state reception centre. It should allow to collect and share with the authorities competent
Amendment 197 #
Proposal for a regulation 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
Amendment 198 #
Proposal for a regulation Recital 9 (9) With regard to those persons who apply for international protection, the screening
Amendment 199 #
Proposal for a regulation Recital 9 (9) With regard to those persons who apply for international protection, the screening should be immediately followed by an examination of the need for international protection. It should allow to collect and share with the authorities competent for that examination any information that is relevant for the latter to identify the appropriate procedure for the examination of the application, thus speeding up that examination. The screening should also ensure that vulnerable persons and persons with speci
Amendment 200 #
Proposal for a regulation Recital 9 (9) With regard to those persons who apply for international protection, the screening should
Amendment 201 #
Proposal for a regulation Recital 10 Amendment 202 #
Proposal for a regulation Recital 10 (10) The obligations stemming from this Regulation should be without prejudice to the provisions concerning responsibility for examining an application for international protection regulated in Regulation (EU) No XX/XXX [Asylum and Migration Management Regulation] if it is not hampering the security of the external borders.
Amendment 203 #
Proposal for a regulation Recital 11 (11) This Regulation should apply to third-country nationals and stateless persons who are apprehended in connection with the unauthorised 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,
Amendment 204 #
Proposal for a regulation Recital 11 (11) This Regulation should apply to third-country nationals and stateless persons who are apprehended in connection with the unauthorised or illegal crossings of the external border of a Member State
Amendment 205 #
Proposal for a regulation Recital 11 (11) This Regulation should apply to third-country nationals and stateless persons who are apprehended in connection with the
Amendment 206 #
Proposal for a regulation Recital 11 (11) This Regulation should apply to third-country nationals and stateless persons who are apprehended in connection with
Amendment 207 #
Proposal for a regulation Recital 12 (12) The screening should be conducted
Amendment 208 #
Proposal for a regulation Recital 12 (12) The screening should be conducted at
Amendment 209 #
Proposal for a regulation Recital 12 (12) The screening should be conducted
Amendment 210 #
Proposal for a regulation Recital 12 (12) The screening should be conducted at or in proximity to the external border,
Amendment 211 #
Proposal for a regulation Recital 12 (12) The screening should always 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.
Amendment 212 #
Proposal for a regulation Recital 12 (12) The screening should be conducted at or in proximity to the external border, before the persons concerned are
Amendment 213 #
Proposal for a regulation 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 214 #
Proposal for a regulation 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 215 #
Proposal for a regulation Recital 12 a (new) (12a) Third-country nationals wanting to come to the European Union could also be screened in the Member States' representations abroad.
Amendment 216 #
Proposal for a regulation 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 217 #
Proposal for a regulation 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 218 #
Proposal for a regulation Recital 13 Amendment 219 #
Proposal for a regulation Recital 13 Amendment 220 #
Proposal for a regulation 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
Amendment 221 #
Proposal for a regulation Recital 13 (13) Wherever it becomes clear beyond any doubt 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 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 regulation.
Amendment 222 #
Proposal for a regulation Recital 14 (14)
Amendment 223 #
Proposal for a regulation 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
Amendment 224 #
Proposal for a regulation Recital 15 (15) All persons subject to the screening should be submitted to checks in order to
Amendment 225 #
Proposal for a regulation Recital 15 (15) All persons subject to the screening should be submitted to checks in order to establish their identity and to ascertain that they do not pose a threat to
Amendment 226 #
Proposal for a regulation Recital 15 (15) All persons subject to the screening should be submitted to checks in order to establish their identity and to ascertain that they do not pose a threat to internal
Amendment 227 #
Proposal for a regulation Recital 15 a (new) (15 a) Where there are indications that third-country nationals or stateless persons held in detention facilities or present at border crossing points, including transit zones, at external borders, may wish to make an application for international protection, Member States should provide them with information on the possibility to do so. In those detention facilities and crossing points, Member States shall make arrangements for interpretation to the extent necessary to facilitate access to the asylum procedure.
Amendment 228 #
Proposal for a regulation Recital 16 (16) On completion of the screening, the third-country nationals concerned should be referred to the relevant procedure to establish responsibility for examining an application for and to assess the need for international protection, or be made subject to procedures respecting Directive 2008/115 (return directive), as appropriate.
Amendment 229 #
Proposal for a regulation Recital 16 (16)
Amendment 230 #
Proposal for a regulation Recital 16 (16) On completion of the screening, the third-country nationals concerned should be referred to the
Amendment 231 #
Proposal for a regulation Recital 16 (16) On completion of the screening, the third-country nationals concerned should be referred to the relevant procedure to establish responsibility for examining an application for and to assess the need for international protection, or be made subject to procedures respecting Directive 2008/115 (return directive), or be refused entry in accordance with Regulation (EU) 2016/399 without prejudice to Article 6(5) of Regulation(EU) 2016/399 as appropriate. The relevant information obtained during the screening should be provided to the competent authorities to support the further assessment of each individual case, in full respect of fundamental rights. The procedures established by Directive 2008/115 should start applying only after the screening has ended. Article 26 and 27 of the Asylum Procedures Regulation should apply only after the screening has ended. This should be without prejudice to the fact that the persons applying for international protection at the moment of apprehension, in the course of border control at the border crossing point or during the screening, should be considered applicants for international protection to whom Regulation (EU) XXX/XXX [Asylum Procedure Regulation] and Directive (EU) XXX/XXX [Reception Conditions Directive recast] apply.
Amendment 232 #
Proposal for a regulation Recital 16 a (new) (16 a) The relevant information obtained during the screening should be provided to the competent authorities to support the further assessment of each individual case, in full respect of fundamental rights. The procedures established by Directive 2008/115 should start applying only after the screening has ended. Article 26 and 27 of the Asylum Procedures Regulation should apply only after the screening has ended. This should be without prejudice to the fact that the persons applying for international protection at the moment of apprehension, in the course of border control at the border crossing point or during the screening, should be considered applicants.
Amendment 233 #
Proposal for a regulation Recital 17 Amendment 234 #
Proposal for a regulation Recital 17 (17) The screening
Amendment 235 #
Proposal for a regulation Recital 17 (17)
Amendment 236 #
Proposal for a regulation Recital 17 (17) The screening could also be followed by relocation, including under the mechanism for solidarity established by Regulation (EU) XXX/XXX [Asylum and Migration Management] where a Member State is contributing to solidarity on a voluntary basis or the applicants for international protection are not subject to the border procedure pursuant to Regulation (EU) No. XXX/XXX (Asylum Procedures Regulation), or under the mechanism addressing situations of crisis established by Regulation (EU) XXX/XXX [Regulation on situations of crisis].
Amendment 237 #
Proposal for a regulation Recital 18 Amendment 238 #
Proposal for a regulation Recital 18 Amendment 239 #
Proposal for a regulation Recital 18 Amendment 240 #
Proposal for a regulation Recital 18 (18) In accordance with Article 12 of Regulation (EU) 2016/399, the fulfilment of entry conditions and the authorisation of entry are expressed in an entry stamp in a travel document. The absence of such entry stamp or the absence of a travel document
Amendment 241 #
Proposal for a regulation Recital 18 (18) In accordance with Article 12 of Regulation (EU) 2016/399, the fulfilment of entry conditions and the authorisation of entry are expressed in an entry stamp in a travel document. The absence of such entry stamp or the absence of a travel document
Amendment 242 #
Proposal for a regulation Recital 18 (18) In accordance with Article 12 of Regulation (EU) 2016/399, the fulfilment of entry conditions and the authorisation of entry are expressed in an entry stamp in a travel document. The absence of such entry stamp or the absence of a travel document may therefore be considered as an indication that the holder does not fulfil the entry conditions. With the start of the operation of the Entry/Exit System leading to substitution of the stamps with an entry in the electronic system, that presumption will become more reliable. Member States should therefore apply the screening to third-country nationals who are already within the territory and who are unable to prove that they fulfilled the conditions of entry into the territory of the Member States. The screening of such third-country nationals is necessary in order to compensate for the fact that they
Amendment 243 #
Proposal for a regulation Recital 19 (19) The screening should be completed as soon as possible, and should not exceed 5 days
Amendment 244 #
Proposal for a regulation Recital 19 (19) The screening should be completed as soon as possible, and should not exceed 5 days
Amendment 245 #
Proposal for a regulation Recital 19 (19) The screening should be completed as soon as possible, and should not exceed 5 days
Amendment 246 #
Proposal for a regulation 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.
Amendment 247 #
Proposal for a regulation Recital 19 (19) The screening should be completed as soon as possible, and should not exceed
Amendment 248 #
Proposal for a regulation Recital 20 Amendment 249 #
Proposal for a regulation Recital 20 Amendment 250 #
Proposal for a regulation Recital 20 (20) The Member States should determine appropriate locations for the screening, including at or in proximity to the external border taking into account geography and existing infrastructures, ensuring that
Amendment 251 #
Proposal for a regulation Recital 20 (20) The Member States should determine appropriate locations for the screening at or in close proximity to the external border taking into account geography and existing infrastructures, ensuring that apprehended third-country nationals as well as those who present themselves at a border crossing point can be swiftly submitted to the screening. In any case, the persons under the screening procedure shall not be deemed to be on the territory of a Member State. The tasks related to the screening may be carried out in hotspot areas as referred to in point (23) of Article 2 of Regulation (EU) 2019/1896 of the European Parliament and of the Council23 .
Amendment 252 #
Proposal for a regulation Recital 21 Amendment 253 #
Proposal for a regulation Recital 21 (21) In order to achieve the objectives of the screening, notably the recognition of vulnerabilities, close cooperation should be ensured between the competent national authorities referred to in Article 16 of Regulation 2016/399
Amendment 254 #
Proposal for a regulation 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
Amendment 255 #
Proposal for a regulation Recital 21 (21) In order to achieve the objectives of the screening, close cooperation should be ensured between the competent national
Amendment 256 #
Proposal for a regulation Recital 21 (21) In order to achieve the objectives of the screening, close cooperation should be ensured between the competent national authorities referred to in Article 16 of Regulation 2016/399, those referred to in Article 5 of the [Asylum Procedures Regulation] as well as those responsible for
Amendment 257 #
Proposal for a regulation Recital 22 Amendment 258 #
Proposal for a regulation Recital 22 (22) When conducting the screening, the competent authorities
Amendment 259 #
Proposal for a regulation 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
Amendment 260 #
Proposal for a regulation 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.
Amendment 261 #
Proposal for a regulation 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.
Amendment 262 #
Proposal for a regulation 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.
Amendment 263 #
Proposal for a regulation Recital 23 Amendment 264 #
Proposal for a regulation Recital 23 Amendment 265 #
Proposal for a regulation 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.
Amendment 266 #
Proposal for a regulation Recital 23 (23) In order to ensure compliance with
Amendment 267 #
Proposal for a regulation Recital 23 (23) In order to ensure compliance with EU and international law, including the Charter of Fundamental Rights,
Amendment 268 #
Proposal for a regulation Recital 23 (23) In order to ensure compliance with
Amendment 269 #
Proposal for a regulation Recital 23 (23) In order to ensure compliance with EU and international law, including the Charter of Fundamental Rights,
Amendment 270 #
Proposal for a regulation 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, or designate an existing, monitoring mechanism and put in place adequate safeguards for the independence thereof. The monitoring mechanism should, complement the monitoring conducted by the European Union Agency for Asylum and 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
Amendment 271 #
Proposal for a regulation Recital 23 (23) In order to ensure compliance with EU and international law, including the Charter of Fundamental Rights,
Amendment 272 #
Proposal for a regulation 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
Amendment 273 #
Proposal for a regulation Recital 23 a (new) (23 a) Third-country nationals should be able to enjoy the highest standards of data protection, particularly given their potential vulnerabilities, the sensitivity of the data collected during the screening and the potential consequences of the information provided during the screening for their following procedures. The screening procedure should always be in line with Regulation (EU) 2016/679, Regulation 2018/1725 and, where relevant, Directive 2018/680, including the general principles of data minimisation and purpose limitation. National data protection authorities and the EDPB-EDPS should therefore be closely involved in the implementation of the screening procedures and in the monitoring mechanism foreseen in Article 7.
Amendment 274 #
Proposal for a regulation 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 275 #
Proposal for a regulation Recital 23 a (new) (23a) Member States should be authorised to prevent non-governmental organisations from participating in the screening procedure for illegal migrants trying to enter the European Union.
Amendment 276 #
Proposal for a regulation 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
Amendment 277 #
Proposal for a regulation 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.
Amendment 278 #
Proposal for a regulation Recital 24 (24) By the end of the screening, the authorities responsible for the screening should fill in a de-briefing form. The form should be transmitted to the authorities examining applications for international protection, to the authorities competent for return or
Amendment 279 #
Proposal for a regulation 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
Amendment 280 #
Proposal for a regulation Recital 24 (24) By the end of the screening, the authorities responsible for the screening should fill in a
Amendment 281 #
Proposal for a regulation Recital 24 a (new) (24 a) This Regulation should not prevent Member States from the possibility to, at any moment, decide to grant an autonomous residence permit or other authorisation offering a right to stay for compassionate, humanitarian or other reasons to a third-country national entering or staying irregularly on their territory. In that event, no return decision should be issued. Where a return decision has already been issued, it shall be withdrawn or suspended for the duration of validity of the residence permit or other authorisation offering a right to stay.
Amendment 282 #
Proposal for a regulation Recital 24 a (new) (24 a) Member States should ensure that the procedure of the de-briefing is accompanied by formal procedural safeguards. All third country nationals should have the possibility to challenge the information recorded in the de- briefing form and have access to an effective legal remedy regarding the outcome of the screening.
Amendment 283 #
Proposal for a regulation 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 Amendment 285 #
Proposal for a regulation Recital 25 Amendment 286 #
Proposal for a regulation Recital 26 (26)
Amendment 287 #
Proposal for a regulation Recital 26 (26) A preliminary health examination should be carried out on all persons submitted to the screening at the external borders with a view to identifying persons in need of immediate care or requiring other measures to be taken, for instance isolation on public health grounds. The specific needs of minors and vulnerable persons should be taken into account.
Amendment 288 #
Proposal for a regulation Recital 26 (26)
Amendment 289 #
Proposal for a regulation Recital 26 (26) A preliminary health examination should be carried out on all persons
Amendment 290 #
Proposal for a regulation Recital 26 (26) A preliminary health examination should be carried out by the competent authorities of the Member States on all persons submitted to the screening at the external borders with a view to identifying persons in need of immediate care or requiring other measures to be taken, for instance isolation on public health grounds. The specific needs of minors and vulnerable persons should be taken into account. If it is clear from the circumstances that such examination is not needed, in particular because the overall condition of the person appears to be very good, the examination should not take place and the person concerned should be informed of that fact.
Amendment 291 #
Proposal for a regulation Recital 26 a (new) (26 a) Third country nationals submitted to the screening shall be subject to a preliminary vulnerability check with a view to identifying any vulnerabilities or specific procedural and reception needs within the meaning of point 13 of Article 2(1) of Directive (EU) XXX/XXX [Reception Conditions Directive]. This preliminary vulnerability check should be without prejudice to a full vulnerability assessment in the next procedure as referred to in Article 21 of that Directive.
Amendment 292 #
Proposal for a regulation Recital 26 a (new) (26 a) Where it is deemed necessary based on the preliminary health examination and individual circumstances, third-country nationals should have the right to a preliminary medical examination. The preliminary medical examination should be carried out by the health authorities of the Member State concerned.
Amendment 293 #
Proposal for a regulation 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 294 #
Proposal for a regulation Recital 27 Amendment 295 #
Proposal for a regulation Recital 27 (27) During the screening, all persons concerned should be guaranteed a standard of living complying with the Charter of Fundamental Rights of the European Union and have access to emergency health care and essential treatment of illnesses.
Amendment 296 #
Proposal for a regulation 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
Amendment 297 #
Proposal for a regulation Recital 27 (27) During the screening, all persons concerned sh
Amendment 298 #
Proposal for a regulation Recital 27 (27) During the screening, all persons concerned should be guaranteed a standard of living complying with the Charter of Fundamental Rights of the European Union and have access to emergency health care and essential treatment of illnesses. Particular attention should be paid to individuals with vulnerabilities, such as pregnant women, elderly persons, single parent families, persons with an immediately identifiable physical or mental disability, persons visibly having suffered psychological or physical trauma and unaccompanied minors. In particular, in case of a minor, information should be provided in a child-friendly and age appropriate manner. All the authorities involved in the performance of the tasks related to the screening sh
Amendment 299 #
Proposal for a regulation Recital 28 (28) Since third-country nationals subject to the screening may not have or carry the necessary identity and travel documents required for the legal crossing of the external border, an identification procedure should be
Amendment 300 #
Proposal for a regulation 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
Amendment 301 #
Proposal for a regulation 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
Amendment 302 #
Proposal for a regulation Recital 28 (28) Since third-country nationals subject to the screening may not carry or disclose the necessary identity and travel documents required for the legal crossing of the external border, an identification procedure should be provided for as part of the screening.
Amendment 303 #
Proposal for a regulation 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
Amendment 304 #
Proposal for a regulation Recital 29 (29) The Common Identity Repository (“CIR”) was established by Regulation (EU) 2019/817 of the European Parliament and of the Council (Interoperability Regulation)25 to facilitate and assist in the correct identification of persons registered in the Entry/Exit System (“EES”), the Visa Information System (“VIS”), the European Travel Information and Authorisation System (“ETIAS”), Eurodac and in the European Criminal Records Information System for third country nationals (“ECRIS-TCN”), including of unknown persons who are unable to identify themselves. For that purpose, the CIR contains only the identity, travel document and biometric data recorded in EES, VIS, ETIAS, Eurodac and ECRIS-TCN, logically separated. Only the personal data strictly necessary to perform an accurate identity check is stored in the CIR. The personal data recorded in the CIR is kept for no longer than strictly necessary for the purposes of the underlying systems and should 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. For the purposes of screening and in line with the principles of necessity and proportionality, when querying the CIR only the EES, VIS and Eurodac should be checked. _________________ 25 Regulation (EU) 2019/817 of the
Amendment 305 #
Proposal for a regulation Recital 29 (29) The Common Identity Repository (“CIR”) was established by Regulation (EU) 2019/817 of the European Parliament and of the Council (Interoperability Regulation)25 to facilitate and assist in the correct identification of persons registered in the Entry/Exit System (“EES”), the Visa Information System (“VIS”), the European Travel Information and Authorisation System (“ETIAS”), Eurodac and in the European Criminal Records Information System for third country nationals (“ECRIS-TCN”), including of unknown persons who are unable to identify themselves. For that purpose, the CIR contains only the identity, travel document and biometric data recorded in EES, VIS, ETIAS, Eurodac and ECRIS-TCN, logically separated. Only the personal data strictly necessary to perform an accurate identity check is stored in the CIR. The personal data recorded in the CIR is kept for
Amendment 306 #
Proposal for a regulation 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
Amendment 307 #
Proposal for a regulation 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.
Amendment 308 #
Proposal for a regulation Recital 30 (30) In order to
Amendment 309 #
Proposal for a regulation Recital 30 (30) In order to establish the identity of the persons subject to the screening, a verification should be initiated in the CIR in the presence of the person during the screening. During that verification, the biometric data of the person should be checked against the data contained in the CIR. Where the biometric data of a person cannot be used or if a query with that data fails, the query could be carried out with identity data of the person in combination with travel document data, where such data are available. In accordance with the principles of necessity and proportionality, and where the query indicates that data on that person are stored in the CIR, Member
Amendment 310 #
Proposal for a regulation Recital 31 (31)
Amendment 311 #
Proposal for a regulation Recital 31 (31)
Amendment 312 #
Proposal for a regulation Recital 32 (32) Given that many persons submitted to the screening may not carry any travel documents, the authorities conducting the screening should have access to any other relevant documents held by the persons concerned in cases where the biometric data of such persons are not usable or yield no result in the CIR. The authorities should also be allowed to use data from those documents, other than biometric data, to carry out checks against the relevant databases, albeit in full compliance with GDPR.
Amendment 313 #
Proposal for a regulation Recital 32 (32) Given that many persons submitted to the screening may not carry or disclose any travel documents, the authorities conducting the screening should have access to any other relevant documents held by the persons concerned in cases where the biometric data of such persons are not usable or yield no result in the CIR. The authorities should also be allowed to use data from those documents, other than biometric data, to carry out checks against the relevant databases.
Amendment 314 #
Proposal for a regulation Recital 32 a (new) (32 a) The competent authorities should, in accordance with provision in national legislation, be able to carry out searches of private property, personal belonging and electronic devices for identification or travel documents, in order to establish the identity of a third-country national.
Amendment 315 #
Proposal for a regulation 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
Amendment 316 #
Proposal for a regulation 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
Amendment 317 #
Proposal for a regulation 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
Amendment 318 #
Proposal for a regulation 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
Amendment 319 #
Proposal for a regulation Recital 34 Amendment 320 #
Proposal for a regulation Recital 34 Amendment 321 #
Proposal for a regulation Recital 34 (34) In order to ensure uniform conditions for the implementation of Articles 11(5) and 12(5) of this Regulation,
Amendment 322 #
Proposal for a regulation Recital 35 Amendment 323 #
Proposal for a regulation Recital 35 (35) The screening should also assess whether the entry of the third-country nationals into the Union could pose a threat to internal security
Amendment 324 #
Proposal for a regulation Recital 35 (35) The screening should
Amendment 325 #
Proposal for a regulation Recital 35 (35) The screening sh
Amendment 326 #
Proposal for a regulation Recital 35 (35) The screening should also assess whether the entry of the third-country nationals into the Union could pose a threat to internal or national security or to public order or policy.
Amendment 327 #
Proposal for a regulation Recital 36 (36) As the screening concerns persons present at the external border w
Amendment 328 #
Proposal for a regulation Recital 36 (36)
Amendment 329 #
Proposal for a regulation Recital 36 (36) As the screening concerns persons present at the external border without fulfilling entry conditions,
Amendment 330 #
Proposal for a regulation 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
Amendment 331 #
Proposal for a regulation 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
Amendment 332 #
Proposal for a regulation Recital 39 Amendment 333 #
Proposal for a regulation Recital 39 (39)
Amendment 334 #
Proposal for a regulation Recital 40 (40) Those checks should be conducted in a manner that ensures that only data necessary for carrying out the security checks
Amendment 335 #
Proposal for a regulation Recital 40 (40) Those checks should be conducted in a manner that ensures that only data necessary for carrying out the security checks
Amendment 336 #
Proposal for a regulation 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.
Amendment 337 #
Proposal for a regulation Recital 41 (41) Where justified for the purpose of the security check, the screening could also include verification of objects in the possession of third-country nationals, in accordance with national law. In any case, verification of objects and, more in general, the screening should not include the accessing of electronic devices in the possession of third-country nationals nor access to their private communications or social media accounts. Any measures applied in this context should be proportionate and should respect the human dignity of the persons subject to the screening. The authorities involved should ensure that the fundamental rights of the individuals concerned are respected, including the right to protection of personal data and freedom of expression.
Amendment 338 #
Proposal for a regulation 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
Amendment 339 #
Proposal for a regulation Recital 41 (41) Where justified for the purpose of the security check, the screening could also include verification of objects in the possession of third-country nationals, in accordance with national law and GDPR. Any measures applied in this context should be proportionate and should respect the human dignity of the persons subject to the screening. The authorities involved should ensure that the fundamental rights of the individuals concerned are respected, including the right to protection of personal data and freedom of expression as well as child-specific safeguards whenever children are involved.
Amendment 340 #
Proposal for a regulation Recital 42 Amendment 341 #
Proposal for a regulation Recital 42 Amendment 342 #
Proposal for a regulation Recital 42 (42) Since access to EES, ETIAS, VIS and ECRIS-TCN is necessary for the authorities designated to carry out the screening in order to establish whether the person could pose a threat to the internal security
Amendment 343 #
Proposal for a regulation Recital 42 (42) Since access to EES, ETIAS, VIS and ECRIS-TCN is necessary for the authorities designated to carry out the screening in order to establish whether the person could pose a threat to the internal or national security or to public order or policy, Regulation (EC) No 767/2008, Regulation (EU) 2017/2226, Regulation (EU) 2018/1240 and Regulation (EC) No 2019/816, respectively, should be amended to provide for this additional access right which is currently not provided by those Regulations. In the case of Regulation (EU) No 2019/816, this amendment should for reasons of variable geometry take place through a different regulation than the present one.
Amendment 344 #
Proposal for a regulation Recital 43 (43) The European search portal (ESP) established by Regulation (EU) 2019/817 should be used to carry out the searches against the E
Amendment 345 #
(43) The European search portal (ESP) established by Regulation (EU) 2019/817 should be used to carry out the searches
Amendment 346 #
Proposal for a regulation Recital 44 (44)
Amendment 347 #
Proposal for a regulation Recital 44 (44)
Amendment 348 #
Proposal for a regulation Recital 45 (45) Since the objectives of this Regulation, namely the
Amendment 349 #
Proposal for a regulation Recital 45 (45) Since the objectives of this Regulation, namely the
Amendment 350 #
Proposal for a regulation Recital 45 (45) Since the objectives of this Regulation, namely the
Amendment 351 #
Proposal for a regulation Recital 45 (45) Since the objectives of this Regulation, namely the strengthening of the control of persons who
Amendment 354 #
Proposal for a regulation Article 1 – paragraph 1 Amendment 355 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation establishes a procedure for the screening at the external borders of the Member States of all third-country nationals who
Amendment 356 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation establishes
Amendment 357 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation establishes
Amendment 358 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation establishes the screening at the external borders of the Member States of all third-country nationals who have crossed the external border in an unauthorised manner
Amendment 359 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation establishes the screening at the external borders of the Member States of all third-country nationals who
Amendment 360 #
Proposal for a regulation Article 1 – paragraph 1 a (new) The purpose of this Regulation is to enhance the control of the external borders in cases that despite the applied border surveillance measures, unauthorised border crossings by third country nationals who do not fulfil the entry conditions set out in Art. 6 of Regulation (EU) 2016/399) occur.
Amendment 361 #
Proposal for a regulation Article premier – paragraph 1 a (new) The purpose of this regulation should be to prevent Europe from being flooded with migrants.
Amendment 362 #
Proposal for a regulation Article 1 – paragraph 2 Amendment 363 #
Proposal for a regulation Article 1 – paragraph 2 Amendment 364 #
Proposal for a regulation Article 1 – paragraph 2 Amendment 365 #
Proposal for a regulation Article 1 – paragraph 2 The purpose of the screening shall be the
Amendment 366 #
Proposal for a regulation Article 1 – paragraph 2 The purpose of the screening shall be the strengthening of the external border and the control of persons who are about to enter the Schengen area and their referral to the appropriate procedures.
Amendment 367 #
Proposal for a regulation Article 1 – paragraph 2 a (new) This Regulation establishes the screening of third country nationals, who are present within the territory of the Member States and have not been subject to border checks at the external borders of the Member States
Amendment 368 #
Proposal for a regulation Article 1 – paragraph 3 The
Amendment 369 #
Proposal for a regulation Article 1 – paragraph 3 The
Amendment 370 #
Proposal for a regulation Article 1 – paragraph 3 The objective of the screening shall be the identification of all third-country nationals subject to it and the verification against relevant databases that those persons
Amendment 371 #
Proposal for a regulation Article 1 – paragraph 3 The object of the screening shall be the identification of all third-country nationals subject to it and the verification against relevant databases that the persons subject to it do not pose a threat to internal security. The screening shall also
Amendment 372 #
Proposal for a regulation Article 1 – paragraph 3 The object of the screening shall be the identification of all third-country nationals subject to it and the verification against relevant databases that the persons subject to it do not pose a
Amendment 373 #
Proposal for a regulation Article 1 – paragraph 3 The object of the screening shall be the identification of all third-country nationals subject to it and the verification against relevant databases that the persons subject to it do not pose a threat to internal security. The screening shall also entail preliminary health checks,
Amendment 374 #
Proposal for a regulation Article 1 – paragraph 3 The object of the screening shall be the identification of all third-country nationals subject to it and the verification against relevant databases that the persons subject to it do not pose a threat to internal
Amendment 375 #
Proposal for a regulation 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
Amendment 376 #
Proposal for a regulation Article 1 – paragraph 4 Amendment 377 #
Proposal for a regulation Article 1 – paragraph 4 Amendment 378 #
Proposal for a regulation Article 1 – paragraph 4 Amendment 379 #
Proposal for a regulation Article premier – paragraph 4 Amendment 380 #
Proposal for a regulation Article 1 – paragraph 4 a (new) When applying this Regulation, Member States shall act in full compliance with relevant Union law, including the Charter of Fundamental Rights of the European Union (‘the Charter’), relevant international law, including the Convention Relating to the Status of Refugees done at Geneva on 28 July 1951 (‘the Geneva Convention’), obligations related to access to international protection, in particular the principle of non-refoulement, and fundamental rights. In accordance with the general principles of Union law, decisions under this Regulation shall be taken on an individual basis and be subject to effective remedies. The best interests of the child shall be a primary consideration when implementing this Regulation.
Amendment 381 #
Proposal for a regulation 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 382 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 Amendment 383 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 Amendment 384 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 a (new) 2 a. 'refusal of entry' has the meaning of the term and entails the obligations as defined in Article 14 of Regulation (EU) 2016/399 and, for the purposes of this Regulation it shall only apply to third- country nationals who have not yet entered the territory of the Member States and are at an official land or air border crossing point;
Amendment 385 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 a (new) 4 a. ‘biometric data’ means fingerprint data for the purposes of this Regulation;
Amendment 386 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 a (new) 5 a. ‘biometric data’ means fingerprint data for the purposes of this Regulation;
Amendment 387 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 a (new) 5 a. ‘vulnerable persons’ means minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence as referred to in Article 3(9) of Directive ((EU) 2008/115;
Amendment 388 #
Proposal for a regulation 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 389 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 a (new) 5 a. ‘stateless person’ means a stateless person as laid down in Article 1 of the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954;
Amendment 390 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 a (new) 5 a. ‘stateless person’ shall have the meaning assigned to it in Article 1 of the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954;
Amendment 391 #
Proposal for a regulation 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 392 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 b (new) 5 b. 'representative' means a person or an organisation, including a public authority designated by the competent authorities or bodies, with the necessary skills and expertise, including regarding the treatment and specific needs of minors, to represent, assist and act on behalf of an unaccompanied minor, as applicable, in order to safeguard his or her best interests and general well-being and so that the unaccompanied minor can benefit from the rights and comply with the obligations under this Regulation;
Amendment 393 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 b (new) 5 b. ‘unaccompanied minor’ means a minor who arrives on the territory of the Member State unaccompanied by an adult responsible for him or her, whether by law or by the practice of the Member State concerned, and for as long as he or she is not effectively taken into the care of such an adult; it includes a minor who is left unaccompanied after he or she has entered the territory of a Member State, as defined in the Directive (EU) XXX/XXX [Reception Conditions Directive recast];
Amendment 394 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 c (new) 5 c. ‘guardian’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to safeguarding the best interest of the child, and his or her well-being, and exercising legal capacity for the minor where necessary, as defined in Article 4(2)(f) of Regulation (EU) XXX/XXX (Asylum Procedures Regulation);
Amendment 395 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 c (new) 5 c. 'person with special needs': means a person who is in need of special conditions or guarantees in order to benefit from the rights and comply with the obligations provided for in this Regulation;
Amendment 396 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 d (new) 5 d. 'child' means every human being below the age of eighteen years as defined in the Convention on the Rights of the Child as adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November1989 and entered into force 2 September 1990;
Amendment 397 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 e (new) 5 e. ‘persons in a vulnerable situation” means persons facing a diminished capacity to resist, cope with, or recover from violence, exploitation, abuse or violations of their rights due to the presence of individual, community, household, structural or situational factors and circumstances that increase the risk of, and exposure to, such violence, exploitation, abuse, or rights violations, or due to the absence of factors that protect against such violence, exploitation, abuse and rights violations, such as minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children, lesbian, gay, bisexual, trans and intersex persons, persons belonging to religious minorities, non-believers, and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual and gender based violence;
Amendment 399 #
Proposal for a regulation Article 3 – title Amendment 402 #
Proposal for a regulation Article 3 – paragraph 1 – introductory part 1. This Regulation shall apply to all third-country nationals, irrespective of whether they have applied for international protection, who:
Amendment 403 #
Proposal for a regulation Article 3 – paragraph 1 – introductory part 1. This Regulation shall apply to all third-country nationals, regardless of whether they have made an application for international protection, who:
Amendment 404 #
Proposal for a regulation Article 3 – paragraph 1 – point a (a) are apprehended in connection with an unauthorised crossing of the external border of a Member State by land, sea or air
Amendment 405 #
Proposal for a regulation Article 3 – paragraph 1 – point a (a) are apprehended in connection with an
Amendment 406 #
Proposal for a regulation Article 3 – paragraph 1 – point a (a) are apprehended in connection with an
Amendment 407 #
Proposal for a regulation Article 3 – paragraph 1 – point b Amendment 408 #
Proposal for a regulation Article 3 – paragraph 1 – point b (b) are disembarked in the territory of a Member State
Amendment 409 #
Proposal for a regulation Article 3 – paragraph 1 – point b (b)
Amendment 410 #
Proposal for a regulation Article 3 – paragraph 1 – point b (b) are disembarked in the territory of a Member State following a search and rescue operation and do not meet the entry conditions laid down in Article 6 of Regulation (EU) 2016/399.
Amendment 411 #
Proposal for a regulation Article 3 – paragraph 1 – point b (b) are disembarked in the territory of a Member State following a search and rescue operation and do not fulfil the entry conditions set out in Article 6 of Regulation (EU) 2016/399.
Amendment 412 #
Proposal for a regulation Article 3 – paragraph 1 – subparagraph 1 Amendment 413 #
Proposal for a regulation Article 3 – paragraph 1 – subparagraph 1 Amendment 414 #
Proposal for a regulation Article 3 – paragraph 2 Amendment 415 #
Proposal for a regulation Article 3 – paragraph 2 2. The screening shall also apply to all third-country nationals who apply for international protection at external border crossing points or at any other part of the external borders or in transit zones and who do not fulfil the entry conditions set out in Article 6 of Regulation (EU) 2016/399.
Amendment 416 #
Proposal for a regulation Article 3 – paragraph 3 3. The screening
Amendment 417 #
Proposal for a regulation Article 3 – paragraph 3 3. The screening is without prejudice to the application of Article 6(5) of Regulation (EU) 2016/399
Amendment 418 #
Proposal for a regulation Article 3 – paragraph 3 a (new) Amendment 419 #
Proposal for a regulation Article 3 – paragraph 3 a (new) 3 a. During the screening the provisions of Regulation (EU) xxxx/202x [Asylum Procedure Regulation] and of Directive 2013/33/EU [Reception Conditions Directive] shall apply for all third-country nationals from the moment that they express their wish to apply for international protection.
Amendment 420 #
Proposal for a regulation Article 3 – paragraph 3 b (new) 3 b. The immigration authorities shall perform a search in the EES according to Article 26 (1) of Regulation (EU) 2017/2226 (EES Regulation) in order to check whether the third country national has crossed the external border through an official border crossing point.
Amendment 421 #
Proposal for a regulation Article 4 Amendment 422 #
Proposal for a regulation Article 4 – title 4
Amendment 423 #
Proposal for a regulation Article 4 – title Authorisation to enter and remain in the territory of a Member State
Amendment 424 #
Proposal for a regulation Article 4 – paragraph 1 Amendment 425 #
Proposal for a regulation Article 4 – paragraph 1 1.
Amendment 426 #
Proposal for a regulation Article 4 – paragraph 1 1. During the screening, the persons referred to in Article 3
Amendment 427 #
Proposal for a regulation Article 4 – paragraph 1 1. During the screening, the persons referred to in Article 3, paragraphs 1 and 2 shall
Amendment 428 #
Proposal for a regulation Article 4 – paragraph 1 1. During the screening, the persons referred to in Article 3, paragraphs 1 and 2 shall
Amendment 429 #
Proposal for a regulation Article 4 – paragraph 1 1. During the screening, the persons referred to in Article 3, paragraphs 1 and 2 shall not be authorised to enter the territory of a Member State. However, those persons should always be granted the right to remain on the territory of a Member State during the screening procedure and to be treated in accordance with recognised basic human standards in accordance with Article 31 of the Geneva Convention (1951).
Amendment 430 #
Proposal for a regulation Article 4 – paragraph 1 1. During the screening, the persons
Amendment 431 #
Proposal for a regulation Article 4 – paragraph 1 a (new) Amendment 432 #
Proposal for a regulation Article 4 – paragraph 1 a (new) 1 a. The third country nationals subject to screening shall remain, for its duration, at the disposal of the screening authorities in locations as referred to in Article 6(1). Member States shall lay down in their national law provisions to that effect with the aim to complete the necessary checks.
Amendment 433 #
Proposal for a regulation 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 434 #
Proposal for a regulation Article 4 – paragraph 1 a (new) 1 a. Persons referred to in paragraph 1 may be detained for the purpose of preventing entry into the territory of the Member State.
Amendment 435 #
Proposal for a regulation Article 4 – paragraph 2 Amendment 436 #
Proposal for a regulation 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
Amendment 437 #
Proposal for a regulation Article 4 – paragraph 2 a (new) 2 a. The screening may be discontinued when the third country national leaves the territory of the Member States, for the country of origin, residence or another third country to which the third-country national concerned voluntarily decides to return and where he or she is accepted.
Amendment 438 #
Proposal for a regulation Article 4 – paragraph 2 b (new) 2 b. The third country nationals shall cooperate with the screening authorities in all elements of the screening as set in Article 6 (6), in particular, by providing: a) name, date of birth, gender and nationality as well as documents and information that can prove this data; b) fingerprints and facial image as referred to in Regulation (EU) XXX/XXX (EURODAC Regulation)
Amendment 439 #
Proposal for a regulation Article 5 Amendment 440 #
Proposal for a regulation Article 5 Amendment 441 #
Proposal for a regulation Article 5 Amendment 442 #
Proposal for a regulation Article 5 – paragraph 1 Amendment 443 #
Proposal for a regulation Article 5 – paragraph 1 Member States shall apply the screening to third-country nationals found within their territory where there is no indication that they have crossed an external border to enter the territory of the Member States in an authorised manner. These third-country nationals shall be regarded as if they had not entered the territory of the Member State, and Article 4 shall apply accordingly.
Amendment 444 #
Proposal for a regulation Article 5 – paragraph 1 – subparagraph 1 (new) source: 703.276
2022/01/27
LIBE
363 amendments...
Amendment 445 #
Proposal for a regulation Article 6 – paragraph 1 1.
Amendment 446 #
Proposal for a regulation Article 6 – paragraph 1 1.
Amendment 447 #
Proposal for a regulation Article 6 – paragraph 1 1.
Amendment 448 #
Proposal for a regulation Article 6 – paragraph 1 1.
Amendment 449 #
Proposal for a regulation Article 6 – paragraph 1 1. In the cases referred to in Article 3, the screening shall be conducted at a location
Amendment 450 #
Proposal for a regulation Article 6 – paragraph 1 1. In the cases referred to in Article 3, the screening shall be conducted at locations situated at or in proximity to the external borders. However, in any case the persons under the screening procedure shall not be deemed to be on the territory of a Member State.
Amendment 451 #
Proposal for a regulation 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 452 #
1 a. In order to comply with the provisions of paragraph 1 of this Article, and in addition to representatives of the independent monitoring mechanism foreseen in Article 7, Member States shall ensure that organisations and persons providing advice and counselling, including free legal aid, shall have effective access to third-country nationals, in particular to those held in detention facilities or present at the border crossing points, including transit zones, at external borders.
Amendment 453 #
Proposal for a regulation Article 6 – paragraph 1 b (new) 1 b. Third-country nationals shall not be subject to intrusive biometric surveillance technologies, such as facial recognition, emotional recognition and behavioural recognition software nor predictive analytics, risk assessments and biometric categorisation in the context of border management activities, in or around the reception or screening facilities or during the screening. The use of language recognition software, lie detection systems or long-range acoustic devices shall be prohibited.
Amendment 454 #
Proposal for a regulation 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 455 #
Proposal for a regulation Article 6 – paragraph 2 Amendment 456 #
Proposal for a regulation Article 6 – paragraph 2 Amendment 457 #
Proposal for a regulation Article 6 – paragraph 2 Amendment 458 #
Proposal for a regulation Article 6 – paragraph 2 Amendment 459 #
Amendment 460 #
Proposal for a regulation 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.
Amendment 461 #
Proposal for a regulation 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
Amendment 462 #
Proposal for a regulation 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.
Amendment 463 #
Proposal for a regulation 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
Amendment 464 #
Proposal for a regulation Article 6 – paragraph 3 – introductory part 3. In the cases referred to in Article 3 and 5, the screening shall be carried out without delay and shall in any case be completed within
Amendment 465 #
Proposal for a regulation Article 6 – paragraph 3 – introductory part 3.
Amendment 466 #
Proposal for a regulation Article 6 – paragraph 3 – introductory part 3.
Amendment 467 #
Proposal for a regulation Article 6 – paragraph 3 – subparagraph 1 With regard to persons referred to in Article 3(1)(a) to whom Article 14 (1) and (3) of Regulation (EU) 603/2013 apply, where they subsequently remain physically at the external border for more than 72 hours, the screening shall apply and the period for the screening shall be reduced to two days.
Amendment 468 #
Proposal for a regulation Article 6 – paragraph 4 Amendment 469 #
Proposal for a regulation Article 6 – paragraph 4 Amendment 470 #
Proposal for a regulation Article 6 – paragraph 4 Amendment 471 #
Proposal for a regulation Article 6 – paragraph 4 4. Member States
Amendment 472 #
Proposal for a regulation Article 6 – paragraph 5 Amendment 473 #
Proposal for a regulation Article 6 – paragraph 5 Amendment 474 #
Proposal for a regulation Article 6 – paragraph 5 Amendment 475 #
Proposal for a regulation Article 6 – paragraph 5 Amendment 476 #
Proposal for a regulation Article 6 – paragraph 5 5. The screening referred to in Article 5 shall be carried out without delay and in any case shall be completed within 3 days from apprehension. This limit can be extended, if the screening procedure requires it.
Amendment 477 #
Proposal for a regulation Article 6 – paragraph 5 a (new) 5 a. Member States shall ensure, at all times even during exceptional circumstances, including in emergency situations, that all persons subject to the screening are accorded a standard of living which guarantees their subsistence, protects their physical and mental health and respects their rights under the Charter of Fundamental Rights of the European Union. Persons shall be accommodated with the standards and provisions of Directive (EU) xxx/xxx (Receptions Conditions Directive).
Amendment 478 #
Proposal for a regulation Article 6 – paragraph 6 – point a (a) preliminary health and vulnerability checks as referred to in Article 9;
Amendment 479 #
Proposal for a regulation Article 6 – paragraph 6 – point b (b) identification as referred to in Article 10; where an individual claims not to have any nationality or when there are reasonable grounds to believe an individual may be stateless, this should be clearly registered pending a full determination of whether the individual is stateless in a separate procedure;
Amendment 480 #
Proposal for a regulation Article 6 – paragraph 6 – point b a (new) (b a) a preliminary vulnerability check as referred to in Article 9a;
Amendment 481 #
Proposal for a regulation Article 6 – paragraph 6 – point c (c) registration of biometric data in
Amendment 482 #
Proposal for a regulation Article 6 – paragraph 6 – point c (c) registration of biometric data in
Amendment 483 #
Proposal for a regulation Article 6 – paragraph 6 – point c (c) registration of bone data in the event of any doubt over whether an illegal immigrant is in fact a minor and biometric data in the appropriate databases as referred to in Article 14(6), to the extent it has not occurred yet;
Amendment 484 #
Proposal for a regulation Article 6 – paragraph 6 – point c (c) registration of biometric and DNA data in the appropriate databases as referred to in Article 14(6), to the extent it has not occurred yet;
Amendment 485 #
Proposal for a regulation Article 6 – paragraph 6 – point d (d) a security check as referred to in Article 11;
Amendment 486 #
Proposal for a regulation Article 6 – paragraph 6 – point e (e) the filling out of a
Amendment 487 #
Proposal for a regulation Article 6 – paragraph 6 – point f (f) referral to the appropriate procedure or refusal of entry as referred to in Article 14.
Amendment 488 #
Proposal for a regulation 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 489 #
Proposal for a regulation Article 6 – paragraph 7 – introductory part 7. Member States shall designate qualified and competent border authorities
Amendment 490 #
Proposal for a regulation Article 6 – paragraph 7 – introductory part 7. Member States shall designate competent authorities to carry out the screening. They shall deploy appropriate staff and sufficient resources to carry out the screening in an efficient way. All the staff of the authorities carrying out the screening shall have the adequate training in order to be fully aware of international human rights and refugee law and the CEAS, to be able to comply with the Fundamental Rights Charter in all proceedings and to be able to identify and treat accordingly persons with special needs. Member States must ensure that staff of the Asylum authorities is involved in the screening so that, even in cases where a third-country national has not submitted an official application for international protection, this need can be recognised and that there can be an adequate assessment of the applicability of the concepts of first country of asylum and safe third country.
Amendment 491 #
Proposal for a regulation 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 492 #
Proposal for a regulation Article 6 – paragraph 7 – subparagraph 1 Member States shall designate qualified and appropriately trained medical staff to carry out the health check
Amendment 493 #
Proposal for a regulation Article 6 – paragraph 7 – subparagraph 1 Member States shall designate qualified medical
Amendment 494 #
Proposal for a regulation Article 6 – paragraph 7 – subparagraph 1 Member States shall designate qualified medical
Amendment 495 #
Proposal for a regulation 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-
Amendment 496 #
Proposal for a regulation Article 6 – paragraph 7 – subparagraph 1 a (new) Amendment 497 #
Proposal for a regulation 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 498 #
Proposal for a regulation Article 6 – paragraph 7 – subparagraph 2 The competent authorities
Amendment 499 #
Proposal for a regulation Article 6 – paragraph 7 – subparagraph 2 The proper functionning of screening and its compliance with the Charter of Fundamental Rights inherently depends on the availability of adequate and qualified staff at all stages of the procedure. The competent authorities
Amendment 500 #
Proposal for a regulation Article 6 – paragraph 7 – subparagraph 2 The competent authorities may be assisted or supported in the performance of the screening by experts or liaison officers and teams deployed by the European Border and Coast Guard Agency and the [European Union Agency for Asylum] within the limits of their mandates, insofar as the specific staff has the training and qualifications as set out in the above two subparagraphs. The role, powers, tasks, responsibilities and activities, including the processing of personal data, of the two Agencies shall be clearly defined, confined to support tasks, and open to external scrutiny, including via an effective complaints mechanisms and by the independent monitoring mechanism foreseen in Article 7.
Amendment 501 #
Proposal for a regulation 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
Amendment 502 #
Proposal for a regulation 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 upon request by the Member State concerned by the European Border and Coast Guard Agency and the [European Union Agency for Asylum] within the limits of their mandates.
Amendment 503 #
Proposal for a regulation Article 6 – paragraph 7 a (new) 7 a. Member states shall put in place specific safeguards, such as: (a) appoint as soon as possible and before the screening starts, a representative when an unaccompanied minor, or a person declaring to be an unaccompanied minor, is concerned; (b) always apply the “benefit of the doubt” principle in favour of the minor when a person’s age is unclear or contested and no supporting documentation exists that proves his/her age.Hence, treat as a minor any person regarding whom there are reasons to believe that they are a minor as well as any person declaring to be a minor, unless and until an age assessment or documentation proves otherwise.Age assessment procedures shall take place only when there is a reasonable doubt that the person is not a minor, they shall respect the best interests of the child and primarily use non-medical procedures and, under no circumstances, shall they use forced undressing or genitalia examination; (c) ensuring that, in addition to the monitoring mechanism referred to Article 7, non-governmental and civil society organisations specialised in child protection shall access to monitor procedures of identification, verification and age assessment; (d) screenings of unaccompanied children and children with their families are carried out in appropriate facilities for the reception of unaccompanied minors or of families on the territory of Member States, within the mainstream system of protection for minors; (e) ensure that the statements of minors only form the basis of the de-briefing form if they are assisted by their parent(s) or a representative; (f) ensure the third-country national concerned can have access to and correct information included in the de-briefing form; (g) ensure that all third country nationals concerned have access to free legal aid.
Amendment 504 #
Proposal for a regulation Article 6 – paragraph 7 a (new) 7 a. Third country nationals shall be informed of their right to access free legal advice or counselling during the screening and Member States shall enable such access if the third country nationals request so orally or in writing.
Amendment 505 #
Proposal for a regulation Article 7 Amendment 506 #
Proposal for a regulation Article 7 – paragraph 1 1. Member States shall adopt relevant provisions
Amendment 507 #
Proposal for a regulation Article 7 – paragraph 1 1. Member States shall adopt relevant provisions
Amendment 508 #
Proposal for a regulation Article 7 – paragraph 1 1. Member States shall adopt relevant provisions to investigate allegations of
Amendment 509 #
Proposal for a regulation Article 7 – paragraph 1 1. Member States shall, without undue delay, adopt relevant provisions to investigate allegations of non-respect for fundamental rights in relation to the screening.
Amendment 510 #
Proposal for a regulation Article 7 – paragraph 1 1. Member States
Amendment 511 #
Proposal for a regulation Article 7 – paragraph 2 Amendment 512 #
Proposal for a regulation Article 7 – paragraph 2 Amendment 513 #
Proposal for a regulation Article 7 – paragraph 2 – introductory part 2.
Amendment 514 #
Proposal for a regulation Article 7 – paragraph 2 – introductory part 2. Each Member State shall
Amendment 515 #
Proposal for a regulation Article 7 – paragraph 2 – introductory part 2.
Amendment 516 #
Proposal for a regulation Article 7 – paragraph 2 – introductory part 2. Each Member State shall
Amendment 517 #
Proposal for a regulation Article 7 – paragraph 2 – introductory part 2.
Amendment 518 #
Proposal for a regulation 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 519 #
Proposal for a regulation Article 7 – paragraph 2 – indent -1 (new) -1 monitoring on an on-going basis, including during emergency situations, all border management activities in its territories; whether performed by national authorities or relevant EU agencies, as well as any such activities performed by national authorities outside its territories,
Amendment 520 #
Proposal for a regulation Article 7 – paragraph 2 – indent -1 (new) -1 assessing if the activities observed are compliant with applicable national, Union and international law,
Amendment 521 #
Proposal for a regulation Article 7 – paragraph 2 – indent 1 Amendment 522 #
Proposal for a regulation Article 7 – paragraph 2 – indent 1 Amendment 523 #
Proposal for a regulation Article 7 – paragraph 2 – indent 1 —
Amendment 524 #
Proposal for a regulation Article 7 – paragraph 2 – indent 1 —
Amendment 525 #
Proposal for a regulation Article 7 – paragraph 2 – indent 1 — to ensure compliance with EU and international law
Amendment 526 #
Proposal for a regulation Article 7 – paragraph 2 – indent 1 — to ensure compliance with EU and international law, including the Charter of Fundamental Rights
Amendment 527 #
Proposal for a regulation Article 7 – paragraph 2 – indent 1 a (new) - ensuring that allegations of non- respect for fundamental rights, including in relation to access to the asylum procedure and non-compliance with the principle of non-refoulement, are dealt with effectively and without undue delay.
Amendment 528 #
Proposal for a regulation Article 7 – paragraph 2 – indent 2 Amendment 529 #
Proposal for a regulation Article 7 – paragraph 2 – indent 2 Amendment 530 #
Proposal for a regulation Article 7 – paragraph 2 – indent 2 Amendment 531 #
Proposal for a regulation Article 7 – paragraph 2 – indent 2 Amendment 532 #
Proposal for a regulation Article 7 – paragraph 2 – indent 2 — where applicable,
Amendment 533 #
Proposal for a regulation Article 7 – paragraph 2 – indent 2 — where applicable, to ensure compliance with Union and national rules on detention of the person concerned, in particular concerning the grounds, conditions and the duration of the detention;
Amendment 534 #
- reporting publicly on all cases of non-compliance it may find,
Amendment 535 #
Proposal for a regulation Article 7 – paragraph 2 – indent 3 Amendment 536 #
Proposal for a regulation Article 7 – paragraph 2 – indent 3 Amendment 537 #
Proposal for a regulation Article 7 – paragraph 2 – indent 3 Amendment 538 #
Proposal for a regulation Article 7 – paragraph 2 – indent 3 Amendment 539 #
Proposal for a regulation Article 7 – paragraph 2 – indent 3 — t
Amendment 540 #
Proposal for a regulation Article 7 – paragraph 2 – indent 3 — to ensure that allegations of non- respect for fundamental rights
Amendment 541 #
Proposal for a regulation Article 7 – paragraph 2 – indent 3 — to ensure that allegations of non- respect for fundamental rights in relation to the screening, including in relation to access to the asylum procedure and non- compliance with the principle of non- refoulement, are properly investigated, and where applicable, dealt with
Amendment 542 #
Proposal for a regulation Article 7 – paragraph 2 – indent 3 b (new) - reporting publicly on all cases of non-compliance it may find;
Amendment 543 #
Proposal for a regulation Article 7 – paragraph 2 – indent 3 a (new) - handing over to the national prosecuting authorities all evidence it has been able to gather on individual cases of fundamental rights breaches,
Amendment 544 #
Proposal for a regulation Article 7 – paragraph 2 – indent 3 d (new) Amendment 545 #
Proposal for a regulation Article 7 – paragraph 2 – indent 3 c (new) - monitoring the effectiveness of prosecutions into and, if appropriate, the sanctioning of violations of fundamental rights of migrants.
Amendment 546 #
Proposal for a regulation 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 547 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph -1 (new) -1 Monitoring shall apply to national authorities as well as any EU agencies and bodies involved in the above mentionned procedures. Member States shall invite relevant and independent national, international and non- governmental organisations and bodies, including data protection authorities, to actively participate in the monitoring. Member States shall give the monitoring authorities unhindered access to relevant documents and facilities.
Amendment 548 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph -1 (new) -1 The independent monitoring mechanisms shall issue recommendations to Member States and EU agencies as referred to in paragraph 1 of this Article, and shall report annually and publicly to the national parliaments on their findings and recommendations and on the measures taken to implement their recommendations.
Amendment 549 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 Amendment 550 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 Member States shall
Amendment 551 #
Proposal for a regulation 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 552 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 Member States shall put in place adequate safeguards to guarantee the independence of the mechanism, in line with criteria recognised under relevant international human rights law and standards. These safeguards shall include selecting independent relevant national and international actors, including at least one representative from the Fundamental Rights Agency (FRA) and one representative from the EU Ombudsman or national ombudspersons, to review the independence of the mechanism on an annual basis and report back to the Commission, the Council and the European Parliament.
Amendment 553 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 Member States shall establish a monitoring mechanism or designate an existing mechanism and put in place adequate safeguards to guarantee the independence of the mechanism.
Amendment 554 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 2 Amendment 555 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 2 Amendment 556 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 2 Amendment 557 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 2 The Fundamental Rights Agency
Amendment 558 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 2 The Fundamental Rights Agency shall issue general guidance for Member States on the setting up of such mechanism and its independent functioning.
Amendment 559 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 2 Amendment 560 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 2 The Fundamental Rights Agency shall issue general guidance for Member States on the setting up of such mechanism and its independent functioning. Furthermore, Member States
Amendment 561 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 2 Amendment 562 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 2 a (new) Amendment 563 #
Proposal for a regulation 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) 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) 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 566 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 3 Amendment 567 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 3 Amendment 568 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 3 Amendment 569 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 3 Amendment 570 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 3 Amendment 571 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 3 Member States may
Amendment 572 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 3 Member States may invite relevant national, international and non- governmental organisations and bodies to
Amendment 573 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 3 a (new) In order to monitor compliance with fundamental rights a specific independent complaint mechanism shall be set up by the involved national and international authorities and bodies, for third-country nationals, including the ones who have not been granted the right to enter the territory, are at risk of being returned and/or have been returned to a third country. Such a mechanism shall include a 24/7 hotline that can be accessed by persons in order to prevent further fundamental rights abuses, notably in case a person would be at risk of being arbitrarily returned to a third country. In Member States where such a complaint mechanism already exists within independent national human rights mechanisms then they could be used instead of setting up a new one. The staff of this mechanism, including those operating the hotline, shall not be criminalised by Member States on the grounds of their work therein.
Amendment 574 #
Proposal for a regulation 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 575 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 3 a (new) Member States shall, on an annual basis, report back to the Commission, the Council and the European Parliament on potential allegations of non-respect for fundamental rights in relation to the screening process, if any.
Amendment 576 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 3 a (new) If needed, the mechanism should be able to receive funding via the Integrated Border Management Fund (IBMF) or any other relevant EU fund.
Amendment 577 #
Proposal for a regulation 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 578 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 3 b (new) Member States shall provide information, in writing and orally, about the mechanism to potentially affected individuals in a concise, transparent, intelligible and easily accessible form, using clear and plain language that the affected individual understands.
Amendment 579 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 3 c (new) Once the independence and appropriate powers of the mechanism verified by the Fundamental Rights Agency, the mechanism shall receive funding from the Integrated Border Management Fund: Instrument for financial support for border management and visa (BMVI) and other EU funding sources and shall be financially independent from the member State in which it operates.
Amendment 580 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 3 d (new) The mechanism shall, every year, publicly report on its findings and recommendations, including on steps taken to hold those responsible of violations of fundamental rights to account. These reports shall contribute to the assessment of compliance with the EU Charter of Fundamental Rights as per Regulation (EU) 2018/0196 (Common Provisions Regulation) Article 11(1) and Annex III.
Amendment 581 #
Proposal for a regulation 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 582 #
Proposal for a regulation Article 8 – paragraph 1 – introductory part 1.
Amendment 583 #
Proposal for a regulation Article 8 – paragraph 1 – introductory part 1.
Amendment 584 #
Proposal for a regulation Article 8 – paragraph 1 – introductory part 1. Third-country nationals subject to the screening shall be succinctly and adequately informed about the purpose and the modalities of the screening:
Amendment 585 #
Proposal for a regulation Article 8 – paragraph 1 – point a (a) the steps
Amendment 586 #
Proposal for a regulation Article 8 – paragraph 1 – point a (a) the steps
Amendment 587 #
Proposal for a regulation Article 8 – paragraph 1 – point a (a) the steps and modalities of the screening as well as possible outcomes of the screening
Amendment 588 #
Proposal for a regulation Article 8 – paragraph 1 – point b (b) the rights and obligations of third country nationals during the screening
Amendment 589 #
Proposal for a regulation Article 8 – paragraph 1 – point b (b) the rights and obligations of third country nationals during the
Amendment 590 #
Proposal for a regulation Article 8 – paragraph 1 – point b (b) the rights and obligations of third country nationals during the screening, including the possibility to contact and be contacted by organisations which provide information and legal assistance as referred to in Article 8(4) as well as the obligation on them to remain in the designated facilities during the screening.
Amendment 591 #
Proposal for a regulation Article 8 – paragraph 1 – point b a (new) (b a) on their right to contact and be visited by organisations, bodies, and individuals, as referred to in Article 8 which provide information and legal assistance and on their right to contact the monitoring mechanism foreseen in Article 7;
Amendment 592 #
Proposal for a regulation 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) (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 594 #
Proposal for a regulation Article 8 – paragraph 1 – point b b (new) Amendment 595 #
Proposal for a regulation Article 8 – paragraph 1 – point b c (new) (b c) their right and the modalities to apply for international protection or other forms of protection according to national law as well as the relocation procedure under the automatic distribution mechanism established by Regulation (EU) XXX/XXX[Asylum and Migration Management];
Amendment 596 #
Proposal for a regulation 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) (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) (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) (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) (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) (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) (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) (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 Amendment 605 #
Proposal for a regulation Article 8 – paragraph 2 – introductory part 2.
Amendment 606 #
Proposal for a regulation Article 8 – paragraph 2 – point a (a) the applicable rules on the conditions of entry for third-country nationals in accordance with Regulation (No) 2016/399 [Schengen Border Code], as well as on other conditions of entry, stay and residence of the Member State concerned
Amendment 607 #
Proposal for a regulation Article 8 – paragraph 2 – point a (a) the applicable rules on the conditions of entry for third-country nationals in accordance with Regulation (No) 2016/399 [Schengen Border Code], as well as on other conditions of entry, stay and residence of the Member State concerned
Amendment 608 #
Proposal for a regulation Article 8 – paragraph 2 – point a (a) the applicable rules on the conditions of entry for third-country nationals in accordance with Regulation (No) 2016/399 [Schengen Border Code], as well as on other conditions of entry
Amendment 609 #
Proposal for a regulation Article 8 – paragraph 2 – point b (b)
Amendment 610 #
Proposal for a regulation Article 8 – paragraph 2 – point c (c) the obligation for
Amendment 611 #
Proposal for a regulation Article 8 – paragraph 2 – point e Amendment 612 #
Proposal for a regulation Article 8 – paragraph 2 – point f (f) the
Amendment 613 #
Proposal for a regulation Article 8 – paragraph 2 – point f a (new) (fa) bone testing to confirm or annul minor status.
Amendment 614 #
Proposal for a regulation 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.
Amendment 615 #
Proposal for a regulation Article 8 – paragraph 3 3. The information provided during the screening shall be given in a language and a format which the third-country national understands
Amendment 616 #
Proposal for a regulation Article 8 – paragraph 3 3. The information provided during the screening shall be given in a language and format which the third-country national
Amendment 617 #
Proposal for a regulation Article 8 – paragraph 3 3. The information provided during the screening shall be given in a language which the third-country national understands
Amendment 618 #
Proposal for a regulation 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
Amendment 619 #
Proposal for a regulation 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. It shall be provided in an appropriate manner taking into account the age
Amendment 620 #
Proposal for a regulation 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 621 #
Proposal for a regulation Article 8 – paragraph 3 a (new) 3 a. For those third-country nationals seeking international protection, this information may be provided at the same time as the information as laid down in Article 8(2) of Regulation (EU) xxxx/xxxx [Asylum Procedure Regulation]. The responsible authorities shall make the necessary arrangements for interpretation services and, where necessary and appropriate, for cultural mediation services to be available to facilitate access to the procedure for international protection.
Amendment 622 #
Proposal for a regulation Article 8 – paragraph 4 Amendment 623 #
Proposal for a regulation Article 8 – paragraph 4 Amendment 624 #
Proposal for a regulation Article 8 – paragraph 4 4. Member States
Amendment 625 #
4. Member States
Amendment 626 #
Proposal for a regulation Article 8 – paragraph 4 4. Member States
Amendment 627 #
Proposal for a regulation Article 8 – paragraph 4 4. Member States may authorise relevant and competent national
Amendment 628 #
Proposal for a regulation Article 8 – paragraph 4 4. Member States may authorise relevant and competent national
Amendment 629 #
Proposal for a regulation Article 8 a (new) Article 8 a Right to information and rectification 1. Third-country nationals subject to the screening will receive a copy of all personal data processed and information registered about them under this Regulation in electronic form and on paper directly after the screening procedure. Third-country nationals will have the right to obtain another copy of all personal data processed and information registered about them under this Regulation for as long as the information is stored. 2. Third-country nationals subject to the screening shall have the right to know the exact retention period of all their stored and processed data, included in the form or its Annex. In addition, they shall have the right to rectify or supplement the personal data collected during the screening procedure or any information they have supplied during the screening procedure, particularly those referred to in Articles 10 and in the debriefing form in Article 13 of this Regulation.
Amendment 630 #
Proposal for a regulation Article 8 a (new) Amendment 631 #
Proposal for a regulation Article 9 – title Amendment 632 #
Proposal for a regulation Article 9 – paragraph 1 1.
Amendment 633 #
Proposal for a regulation Article 9 – paragraph 1 1. Third-country nationals submitted to the screening referred to in Article 3 shall be subject to a preliminary medical examination by qualified medical staff with a view to identifying any needs for immediate
Amendment 634 #
Proposal for a regulation Article 9 – paragraph 1 1. Third-country nationals submitted to the screening referred to in Article 3 shall be always subject to a preliminary medical examination with a view to identifying any needs for immediate care or isolation on public health grounds
Amendment 635 #
Proposal for a regulation 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
Amendment 636 #
Proposal for a regulation Article 9 – paragraph 1 1. Third-country nationals submitted to the screening referred to in Article 3 and 5 shall be subject to a preliminary
Amendment 637 #
Proposal for a regulation Article 9 – paragraph 1 a (new) 1 a. For those third-country nationals seeking international protection, the health check referred to in the first subparagraph may form part of the medical examination as laid down in Article 23 of Regulation (EU) xxxx/xxxx [Asylum Procedure Regulation].
Amendment 638 #
2. Where relevant, it shall be checked whether persons referred to in paragraph 1 are in a vulnerable situation, victims of torture or have special reception or procedural needs
Amendment 639 #
Proposal for a regulation Article 9 – paragraph 2 2.
Amendment 640 #
Proposal for a regulation Article 9 – paragraph 2 2.
Amendment 641 #
Proposal for a regulation Article 9 – paragraph 2 2.
Amendment 642 #
Proposal for a regulation Article 9 – paragraph 2 a (new) 2 a. Where a person claims not to have any nationality or when there are reasonable grounds to believe a person may be stateless, this should be clearly registered pending a full determination of whether the person is stateless in a separate procedure.
Amendment 643 #
Proposal for a regulation Article 9 – paragraph 3 Amendment 644 #
Proposal for a regulation Article 9 – paragraph 3 3. Where there are indications of vulnerabilities or special reception or procedural needs, the third-country national concerned
Amendment 645 #
Proposal for a regulation Article 9 – paragraph 3 3. Where there are indications of vulnerabilities or special reception or procedural needs, the third-country national concerned shall receive timely and adequate support in view of their physical and mental health in adequate facilities within the territory of the Member State. Minors and persons identified as vulnerable or with special needs shall have access to the same level of support as applicants for international protection have under Chapter IV of the Reception Conditions Directive and, if they apply for international protection, they should be referred to the normal asylum procedure.They shall not be subject to detention. In the case of minors, support shall be given in a child-friendly manner by personnel adequately trained and qualified to deal with minors, and in cooperation with child protection authorities.
Amendment 646 #
Proposal for a regulation 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 647 #
Proposal for a regulation Article 9 – paragraph 3 a (new) 3 a. In the case of unaccompanied minors Member States shall appoint a representative to assist and represent the minor and he or she shall be informed thereof.Where applicable, this representative shall be the same as the representative to be appointed in accordance with Article 23 of Directive (EU) XXX/XXX [Reception Conditions Directive].The unaccompanied minor shall be informed immediately of the appointment of the representative. The representative shall perform his or her duties in accordance with the principle of the best interests of the child and shall have the necessary expertise to that end. In order to ensure the minor’s well-being and social development the person acting as representative shall be changed only when necessary.Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minors hall not be eligible to become representatives. Member States shall place a natural person who is designated as representative or the person referred to in Article 23, paragraph 1, first subparagraph, point (a), of Directive (EU) XXX/XXX [Reception Conditions Directive] in charge of a proportionate and limited number of unaccompanied minors at the same time to ensure that he or she is able to perform his or her tasks effectively.
Amendment 648 #
Proposal for a regulation 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 Amendment 650 #
Proposal for a regulation Article 9 – paragraph 4 Amendment 651 #
Proposal for a regulation Article 9 – paragraph 4 Amendment 652 #
Proposal for a regulation Article 9 – paragraph 4 4. Where it is deemed necessary based on
Amendment 653 #
Proposal for a regulation Article 9 – paragraph 4 4. Where it is deemed necessary based on the circumstances, third-country nationals submitted to the screening referred to in Article 5 shall be subject to a preliminary medical examination, notably to identify any medical condition requiring immediate care, special assistance or isolation. Such examination shall be carried out by the competent health authorities in the Member States.
Amendment 654 #
Proposal for a regulation Article 9 a (new) Amendment 655 #
Proposal for a regulation 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 656 #
Article 9 b Special guarantees for unaccompanied minors 1. The best interest of the child shall be the primary concern at every step of the screening, in line with the safeguards provided for in Directive (EU) XXX/XXX [Reception Conditions Directive recast], in particular Articles 11, 12, 13, 14, 20, 21, 22 and 23. 2. Minors, whether accompanied or unaccompanied, shall be considered applicants in need of specific procedural guarantees. 3. The appointed guardians of non- accompanied minors as referred to in Article 6 of this Regulation shall have the necessary qualifications and expertise and receive continuous and appropriate training to that end, and shall not have a verified criminal record, with particular regard to any of child-related crimes or offences. After his or her appointment, the guardian’s criminal record shall be regularly reviewed by the competent authorities to identify potential incompatibilities with his or her role. 4. Screening shall not entail an age assessment procedure.
Amendment 657 #
Proposal for a regulation 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
Amendment 658 #
Proposal for a regulation 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
Amendment 659 #
Proposal for a regulation Article 10 – paragraph 1 – point a (a) identity, travel or any other document
Amendment 660 #
Proposal for a regulation Article 10 – paragraph 1 – point b (b) data or information provided by
Amendment 661 #
Proposal for a regulation Article 10 – paragraph 1 – point b (b) data or information provided by
Amendment 662 #
Proposal for a regulation Article 10 – paragraph 1 – point b (b) data or information provided by
Amendment 663 #
Proposal for a regulation Article 10 – paragraph 1 – point c (c) biometric data, as defined in Regulation (EU) XXX/XXX [Eurodac Regulation];
Amendment 664 #
Proposal for a regulation Article 10 – paragraph 1 – point c (c) biometric data, including DNA testing for age;
Amendment 665 #
Proposal for a regulation Article 10 – paragraph 1 – point c (c) biometric and DNA data;
Amendment 666 #
Proposal for a regulation Article 10 – paragraph 1 – point c a (new) (ca) bone testing in the event of any doubt over a migrant's minor status.
Amendment 667 #
Proposal for a regulation Article 10 – paragraph 2 2. For the purpose of the identification referred to in paragraph 1, the competent authorities shall query
Amendment 668 #
2. For the purpose of verification or the identification referred to in paragraph 1, the competent authorities shall query
Amendment 669 #
Proposal for a regulation Article 10 – paragraph 2 2. For the purpose of the identification referred to in paragraph 1, the competent authorities shall
Amendment 670 #
Proposal for a regulation 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 and bone testing data of a third-country national taken live during the screening, as well as the identity data and, where available, travel document data shall be used to that end.
Amendment 671 #
Proposal for a regulation Article 10 – paragraph 2 2. For the purpose of the identification referred to in paragraph 1, the designated competent authorities shall query any relevant national databases as well as the common identity repository (CIR) referred to in Article 17 of Regulation (EU) 2019/817. The biometric data of a third- country national taken live during the screening, as well as the identity data and, where available, travel document data shall be used to that end.
Amendment 672 #
Proposal for a regulation Article 10 – paragraph 4 a (new) 4 a. For the purposes of paragraph 1, point (a), Member States may, in accordance with provisions in national legislation, search the property, belongings and electronic devices of third- country nationals. The independent monitoring mechanism shall ensure that the national legislation and the application of such provisions are compatible with Union law, in particular the Charter of Fundamental Rights.
Amendment 673 #
Proposal for a regulation Article 10 – paragraph 4 a (new) 4 a. The competent authorities shall be supported by the European Border and Coast Guard Standing Corps for the identification of third-country nationals submitted to the screening in accordance with Article 40 (4) (a) and Article 55 (7) (a) of Regulation (EU) 2019/1896.
Amendment 674 #
Proposal for a regulation Article 10 – paragraph 4 a (new) 4 a. Querying the CIR shall be limited to pure consultation. Storage or use of data for other purposes than identifying the individual shall be strictly prohibited.
Amendment 675 #
Proposal for a regulation Article 11 – paragraph 1 1. Third
Amendment 676 #
Proposal for a regulation Article 11 – paragraph 1 1. Third country nationals submitted to the screening pursuant to Article 3 or Article 5 shall undergo a security check to verify that they do not constitute a threat to internal security or social cohesion. The security check may cover both the third- country nationals
Amendment 677 #
Proposal for a regulation Article 11 – paragraph 1 1. Third country nationals submitted to the screening pursuant to Article 3
Amendment 678 #
Proposal for a regulation Article 11 – paragraph 1 1. Third country nationals submitted to the screening pursuant to Article 3
Amendment 679 #
Proposal for a regulation Article 11 – paragraph 1 1. Third country nationals submitted to the screening pursuant to Article 3 or Article 5 shall undergo a security check to verify that they do not constitute a threat to internal
Amendment 680 #
Proposal for a regulation 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
Amendment 681 #
Proposal for a regulation Article 11 – paragraph 2 2. For the purpose of conducting the security check referred to in paragraph 1, and to the extent that the
Amendment 682 #
Proposal for a regulation Article 11 – paragraph 2 2. For the purpose of conducting the security check referred to in paragraph 1, and to the extent that they have not yet done so in accordance with Article 8(3), point (a)(vi), of Regulation (EU) 2016/399, the competent authorities designated to carry out the screening shall query relevant national and Union databases, in particular the Schengen Information System (SIS).
Amendment 683 #
Proposal for a regulation Article 11 – paragraph 3 Amendment 684 #
Proposal for a regulation Article 11 – paragraph 3 Amendment 685 #
Proposal for a regulation Article 11 – paragraph 3 3. To the extent it has not been already done during the checks referred to in Article 8 of Regulation (EU) 2016/399, the designated competent authority shall query the Entry/Exit System (EES), the European Travel Information and Authorisation System (ETIAS), including the ETIAS watch list referred to in Article 29 of Regulation (EU) 2018/1240, the Visa Information System (VIS), the ECRIS- TCN system as far as convictions related to terrorist offences and other forms of serious criminal offences are concerned, the Europol data processed for the purpose referred to in Article 18(2), point (a), of Regulation (EU) 2016/794, and the Interpol Travel Documents Associated with Notices database (Interpol TDAWN) with the data referred to in Article 10(1) and using at least the data referred to under point (c) thereof.
Amendment 686 #
Proposal for a regulation Article 11 – paragraph 4 Amendment 687 #
Proposal for a regulation Article 11 – paragraph 4 4. As regards the consultation of EES
Amendment 688 #
Proposal for a regulation Article 11 – paragraph 5 Amendment 689 #
Proposal for a regulation Article 11 – paragraph 5 5. The Commission shall adopt
Amendment 690 #
Proposal for a regulation Article 12 – paragraph 1 1. The queries provided for in Article 10(2) and in Article 11(2)
Amendment 691 #
Proposal for a regulation Article 12 – paragraph 1 1. The queries provided for in Article 10(2) and in Article 11(2)
Amendment 692 #
Proposal for a regulation Article 12 – paragraph 2 Amendment 693 #
Proposal for a regulation Article 12 – paragraph 2 Amendment 694 #
Proposal for a regulation Article 12 – paragraph 2 2. Where a match is obtained following a query as provided for in Article 11(3) against data in one of the information
Amendment 695 #
Proposal for a regulation Article 12 – paragraph 3 Amendment 696 #
Proposal for a regulation Article 12 – paragraph 3 Amendment 697 #
Proposal for a regulation Article 12 – paragraph 4 Amendment 698 #
Proposal for a regulation Article 12 – paragraph 4 Amendment 699 #
Proposal for a regulation Article 12 – paragraph 5 Amendment 700 #
Proposal for a regulation Article 12 – paragraph 5 5. The Commission shall adopt
Amendment 701 #
Proposal for a regulation Article 12 – paragraph 5 5. The Commission shall adopt
Amendment 702 #
Proposal for a regulation Article 12 – paragraph 5 5. The Commission shall adopt implementing 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
Amendment 704 #
Proposal for a regulation Article 13 – paragraph 1 – introductory part On completion of the screening, the competent authorities shall
Amendment 705 #
Proposal for a regulation 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
Amendment 706 #
Proposal for a regulation 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
Amendment 707 #
Proposal for a regulation Article 13 – paragraph 1 – point a (a) name, date and place of birth and sex/gender;
Amendment 708 #
Proposal for a regulation Article 13 – paragraph 1 – point a (a) name, date and place of birth and sex/gender;
Amendment 709 #
Proposal for a regulation Article 13 – paragraph 1 – point a a (new) (aa) where relevant, the performance of a bone test and the conclusions of that test;
Amendment 710 #
Proposal for a regulation Article 13 – paragraph 1 – point a a (new) (a a) the result of the age determination procedure;
Amendment 711 #
Proposal for a regulation Article 13 – paragraph 1 – point b (b) their initial indication of nationalities or statelesness, countries of residence prior to arrival and
Amendment 712 #
Proposal for a regulation Article 13 – paragraph 1 – point b (b) initial indication of nationalities or statelessness, countries of residence prior to arrival and languages spoken;
Amendment 713 #
Proposal for a regulation Article 13 – paragraph 1 – point b (b) initial indication of nationalities or statelessness, countries of residence prior to arrival and languages spoken;
Amendment 714 #
Proposal for a regulation Article 13 – paragraph 1 – point b a (new) (b a) information on the health and vulnerability checks performed in accordance with Article 9 and if they entail special reception or procedural needs and, where appropriate, the fact that those checks have not been completed during the screening procedure;
Amendment 715 #
Proposal for a regulation Article 13 – paragraph 1 – point b a (new) (b a) relevant information on the preliminary health checks, in accordance with GDPR;
Amendment 716 #
Proposal for a regulation Article 13 – paragraph 1 – point b b (new) (b b) relevant information of the preliminary vulnerabilities check as well as specific reception or procedural needs identified and /or the checks that were not completed during the screening procedure;
Amendment 717 #
Proposal for a regulation Article 13 – paragraph 1 – point c (c) reasons for
Amendment 718 #
Proposal for a regulation Article 13 – paragraph 1 – point c (c) reason for
Amendment 719 #
Proposal for a regulation Article 13 – paragraph 1 – point c (c)
Amendment 720 #
Proposal for a regulation Article 13 – paragraph 1 – point c a (new) (c a) information as to whether the third-country national has family members or relatives located on the territory of any of the Member States;
Amendment 721 #
Proposal for a regulation 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) Amendment 723 #
Proposal for a regulation 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 Amendment 725 #
Proposal for a regulation Article 13 – paragraph 1 – point d Amendment 726 #
Proposal for a regulation Article 13 – paragraph 1 – point e Amendment 727 #
Proposal for a regulation Article 13 – paragraph 1 – point e Amendment 728 #
Proposal for a regulation Article 13 – paragraph 1 – point e Amendment 729 #
Proposal for a regulation Article 13 – paragraph 1 – point e (e) information on assistance provided by a person or a
Amendment 730 #
Proposal for a regulation Article 13 – paragraph 1 – point e a (new) (e a) information on family members or close adult relatives present in the EU as defined in Directive (EU) XXX/XXX [Reception Conditions Directive recast];
Amendment 731 #
Proposal for a regulation 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 732 #
Proposal for a regulation Article 13 – paragraph 1 a (new) The procedure should ensure that the person exercises his or her right to be heard and to an adequate remedy. The de- briefing form should be an administrative decision amenable to appeal. The person should receive a copy of the de-briefing form in a language that they understand and be able to comment on the information contained therein. The person should be assisted by an interpreter. The person should also have access to an appeal procedure to contest any information provided in the form and should be advised about appeal channels.
Amendment 733 #
Proposal for a regulation Article 13 – paragraph 1 a (new) The de-briefing form is an administrative decision amenable to appeal. The person shall be advised about appeal channels and receive a copy of the de-briefing form before the form is transmitted to the authorities and be able to review, rectify and challenge the information provided in the de-briefing form.
Amendment 734 #
Proposal for a regulation Article 13 – paragraph 1 a (new) The competent authorities shall transmit electronically the non-personal data collected in the form in Annex I to Frontex in order to produce the situational picture as referred to in Article 24 (1) (a) of Regulation (EU) 2019/1896.
Amendment 735 #
Proposal for a regulation Article 13 – paragraph 1 b (new) The form shall be drafted in a language which the third-country national understands and behanded over to the person concerned before transmitting it to the relevant authorities referred to in Article 14, in order to allow the third- country national to rebut the representation of the facts included in the form and effectively exercise the rights enshrined in Articles 15, 16, 22 and 77 of GDPR.Competent authorities shall record in the form any remark or objection from the third-country national concerning the accuracy of data and information included therein. Information included in the form shall be also provided orally, with the support of an interpreter where necessary. In case of unaccompanied minors, information shall be provided and the form shall be handed over at the presence of the representative appointed pursuant to Article 9.
Amendment 736 #
Proposal for a regulation 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 737 #
Proposal for a regulation Article 14 – title 14
Amendment 738 #
Proposal for a regulation Article 14 – title 14
Amendment 739 #
Proposal for a regulation Article 14 – paragraph -1 (new) -1. Upon completion of the screening or, at the latest, upon expiry of the time limits referred to in Article 6, the following rules shall apply.
Amendment 740 #
Proposal for a regulation Article 14 – paragraph -1 (new) -1. Once the screening is completed or, at the latest, when the time limits set in Article 6 expire, the following rules apply:
Amendment 741 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 1 Amendment 742 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 1 – introductory part The third country nationals referred to in Article 3(1)
Amendment 743 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 1 – introductory part The third country nationals referred to in Article 3(1)
Amendment 744 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 1 – introductory part The third country nationals referred to in Article 3(1) point (a) and (b) and Article 5 of this Regulation who
Amendment 745 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 1 – indent 1 —
Amendment 746 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 1 – indent 1 — have not
Amendment 747 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 1 – indent 1 — have not expressed their wish to appl
Amendment 748 #
Proposal for a regulation 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 749 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 1 – indent 2 Amendment 750 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 1 – indent 2 Amendment 751 #
Proposal for a regulation 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) - 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 753 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 1 – indent 2 a (new) - are not eligible to enter or remain on the territory for any other ground under Member State legislation, Union or internation |