Legal provisions of COM(2020)612 - Screening of third country nationals at the external borders - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2020)612 - Screening of third country nationals at the external borders. |
|---|---|
| document | COM(2020)612  |
| date | May 14, 2024 |
Article 1
Subject matter
This Regulation establishes:
| (a) | the screening at the external borders of the Member States of third-country nationals who, without fulfilling the entry conditions set out in Article 6 of Regulation (EU) 2016/399, have crossed the external border in an unauthorised manner, have applied for international protection during border checks, or have been disembarked after a search and rescue operation, before they are referred to the appropriate procedure; and |
| (b) | the screening of third-country nationals illegally staying within the territory of the Member States where there is no indication that those third-country nationals have been subject to controls at external borders, before they are referred to the appropriate procedure. |
The objective of the screening shall be to strengthen the control of third-country nationals crossing the external borders, to identify all third-country nationals subject to the screening and to check against the relevant databases whether the persons subject to the screening might pose a threat to internal security. The screening shall also entail preliminary health and vulnerability checks to identify persons in need of health care and persons that might pose a threat to public health, and to identify vulnerable persons. Such checks shall facilitate the referral of such persons to the appropriate procedure.
This Regulation also provides for an independent monitoring mechanism in each Member State to monitor compliance with Union and international law, including the Charter of Fundamental Rights of the European Union (the ‘Charter’), during the screening.
Article 2
Definitions
For the purposes of this Regulation, the following definitions apply:
| (1) | ‘threat to public health’ means ‘threat to public health’ as defined in Article 2, point (21), of Regulation (EU) 2016/399; |
| (2) | ‘verification’ means ‘verification’ as defined in Article 4, point (5), of Regulation (EU) 2019/817; |
| (3) | ‘identification’ means ‘identification’ as defined in Article 4, point (6), of Regulation (EU) 2019/817; |
| (4) | ‘third-country national’ means ‘third-country national’ as defined in Article 2, point (6), of Regulation (EU) 2016/399; |
| (5) | ‘stateless person’ means a person who is not considered as a national by any State under the operation of its law; |
| (6) | ‘Europol data’ means ‘Europol data’ as defined in Article 4, point (16), of Regulation (EU) 2019/817; |
| (7) | ‘representative’ means a natural person or an organisation, including a public authority, appointed by the competent authorities or bodies to represent, assist and act, as applicable, on behalf of an unaccompanied minor; |
| (8) | ‘biometric data’ means ‘biometric data’ as defined in Article 4, point (11), of Regulation (EU) 2019/817; |
| (9) | ‘minor’ means a third-country national or stateless person below the age of 18 years; |
| (10) | ‘screening authorities’ means all competent authorities designated by national law to carry out one or more of the tasks under this Regulation, except for the health checks referred to in Article 12(1); |
| (11) | ‘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 the law or practice of the Member State concerned, and for as long as such minor is not effectively taken into the care of such an adult, including a minor who is left unaccompanied after entering the territory of a Member State; |
| (12) | ‘detention’ means the confinement of a person by a Member State within a particular place, where such person is deprived of freedom of movement; |
| (13) | ‘Interpol databases’ means ‘Interpol databases’ as defined in Article 4, point (17), of Regulation (EU) 2019/817; |
| (14) | ‘search and rescue operation’ means an operation of search and rescue as referred to in the International Convention on Maritime Search and Rescue adopted in Hamburg, Germany, on 27 April 1979. |
Article 3
Fundamental rights
When applying this Regulation, Member States shall act in full compliance with relevant Union law, including the Charter, with relevant international law, including the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967, with the obligations related to access to international protection, in particular the principle of non-refoulement, and with fundamental rights.
Article 4
Relation with other legal instruments
1. For third-country nationals subject to the screening who have made an application for international protection:
| (a) | the registration of the application for international protection made in accordance with Regulation (EU) 2024/1348 shall be determined by Article 27 of that Regulation; and |
| (b) | the application of the common standards for the reception of applicants for international protection of Directive (EU) 2024/1346 shall be determined by Article 3 of that Directive. |
2. Without prejudice to Article 8(7) of this Regulation, Directive 2008/115/EC or national provisions respecting Directive 2008/115/EC shall apply only after the screening has ended, except for the screening referred to in Article 7 of this Regulation, where that Directive or national provisions respecting that Directive shall apply in parallel with the screening referred to in Article 7 of this Regulation.
Article 5
Screening at the external border
1. The screening provided for under this Regulation shall apply to all third-country nationals, regardless of whether they have made an application for international protection, who do not fulfil the entry conditions set out in Article 6 of Regulation (EU) 2016/399 and who:
| (a) | are apprehended in connection with an unauthorised crossing of the external border of a Member State by land, sea or air, except third-country nationals for whom the Member State concerned is not required to take the biometric data pursuant to Article 22(1) and (4) of Regulation (EU) 2024/1358 for reasons other than their age; or |
| (b) | are disembarked in the territory of a Member State following a search and rescue operation. |
2. The screening provided for under this Regulation shall apply to all third-country nationals who have made an application for international protection at external border crossing points or in transit zones and who do not fulfil the entry conditions set out in Article 6 of Regulation (EU) 2016/399.
3. Third-country nationals who have been authorised to enter pursuant to Article 6(5) of Regulation (EU) 2016/399 shall not be subject to the screening. However, third-country nationals who are authorised to enter pursuant to Article 6(5)(c) of that Regulation and who make an application for international protection shall be subject to the screening.
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 of that third-country national shall end.
The screening may be discontinued where the third-country nationals concerned leaves the territory of the Member States, for their country of origin or country of residence or for another third country to which the third-country nationals concerned voluntarily decide to return and where the return of those third-country nationals is accepted.
Article 6
Authorisation to enter the territory of a Member State
During the screening, the persons referred to in Article 5(1) and (2) shall not be authorised to enter the territory of a Member State. Member States shall lay down in their national law provisions to ensure that persons referred to in Article 5(1) and (2) remain available to the authorities responsible for carrying out the screening in the locations as referred to in Article 8, for the duration of the screening, to prevent any risk of absconding, potential threats to internal security resulting from such absconding or potential threats to public health resulting from such absconding.
Article 7
Screening within the territory
1. Member States shall carry out the screening of third-country nationals illegally staying within their territory only where such third-country nationals have crossed an external border to enter the territory of the Member States in an unauthorised manner and have not already been subjected to the screening in a Member State. Member States shall lay down in their national law provisions to ensure that those third-country nationals remain available to the authorities responsible for carrying out the screening for the duration of the screening, to prevent any risk of absconding and potential threats to internal security resulting from such absconding.
2. Member States may refrain from carrying out the screening in accordance with paragraph 1 if a third-country national staying illegally on their territory is sent back, immediately after apprehension, to another Member State under bilateral agreements or arrangements or under bilateral cooperation frameworks. In that case, the Member State to which the third-country national concerned has been sent back shall carry out the screening.
3. Article 5(3), second and third subparagraphs shall apply to the screening in accordance with paragraph 1 of this Article.
Article 8
Requirements concerning the screening
1. In the cases referred to in Article 5, the screening shall be conducted at any adequate and appropriate location designated by each Member State, generally situated at or in proximity to the external borders or, alternatively, in other locations within its territory.
2. In the cases referred to in Article 7, the screening shall be conducted at any adequate and appropriate location designated by each Member State within the territory of a Member State.
3. In the cases referred to in Article 5 of this Regulation, the screening shall be carried out without delay and in any case be completed within seven 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. With regard to persons referred to in Article 5(1), point (a), of this Regulation to whom Article 23(1) and (4) of Regulation (EU) 2024/1358 applies, where those persons remain physically at the external border for more than 72 hours, the screening of them shall be carried out thereafter and the period for the screening shall be reduced to four days.
4. The screening referred to in Article 7 shall be carried out without delay and be completed within three days from apprehension of the third-country national.
5. The screening shall comprise the following elements:
| (a) | a preliminary health check in accordance with Article 12; |
| (b) | a preliminary vulnerability check in accordance with Article 12; |
| (c) | identification or verification of identity in accordance with Article 14; |
| (d) | the registration of biometric data in accordance with Articles 15, 22 and 24 of Regulation (EU) 2024/1358, to the extent that it has not yet occurred; |
| (e) | a security check in accordance with Articles 15 and 16; |
| (f) | the filling out of a screening form in accordance with Article 17; |
| (g) | referral to the appropriate procedure in accordance with Article 18. |
6. Organisations and persons providing advice and counselling shall have effective access to third-country nationals during the screening. Member States may impose limits to such access by virtue of national law where such limits are objectively necessary for the security, public order or administrative management of a border crossing point or of a facility where the screening is carried out, provided that such access is not severely restricted or rendered impossible.
7. The relevant rules on detention set out in Directive 2008/115/EC shall apply during the screening in respect of third-country nationals who have not made an application for international protection.
8. Member States shall ensure 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.
9. Member States shall designate screening authorities and ensure that the staff of those authorities who carry out the screening have the appropriate knowledge and have received the necessary training in accordance with Article 16 of Regulation (EU) 2016/399.
Member States shall ensure that qualified medical personnel carry out the preliminary health check provided for in Article 12 and that specialised personnel of the screening authorities trained for that purpose carry out the preliminary vulnerability check provided for in that Article. National child protection authorities and national authorities in charge of detecting and identifying victims of trafficking in human beings or equivalent mechanisms shall also be involved in those checks, where appropriate.
Member States shall also ensure that only duly authorised staff of the screening authorities responsible for the identification or verification of identity and the security check have access to the data, systems and databases referred to in Articles 14 and 15.
Member States shall deploy appropriate staff and sufficient resources to carry out the screening in an efficient way.
The screening 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, provided that such experts or liaison officers and teams have the relevant training as referred to in the first and second subparagraphs.
Article 9
Obligations of third-country nationals subjected to the screening
1. During the screening, third-country nationals subject to the screening shall remain available to the screening authorities.
2. Third-country nationals shall:
| (a) | indicate their name, date of birth, gender and nationality, and provide documents and information, where available, that prove those data; |
| (b) | provide biometric data as referred to in Regulation (EU) 2024/1358. |
Article 10
Monitoring of fundamental rights
1. Member States shall adopt relevant provisions to investigate allegations of failure to respect fundamental rights in relation to the screening.
Member States shall ensure, where appropriate, referral for the initiation of civil or criminal justice proceedings in cases of failure to respect or to enforce fundamental rights, in accordance with national law.
2. Each Member State shall provide for an independent monitoring mechanism in accordance with the requirements set out in this Article, which shall:
| (a) | monitor compliance with Union and international law, including the Charter, in particular as regards access to the asylum procedure, the principle of non-refoulement, the best interest of the child and the relevant rules on detention, including relevant provisions on detention in national law, during the screening; and |
| (b) | ensure that substantiated allegations of failure to respect fundamental rights in all relevant activities in relation to the screening are dealt with effectively and without undue delay, trigger, where necessary, investigations into such allegations and monitor the progress of such investigations. |
The independent monitoring mechanism shall cover all activities undertaken by the Member States in implementing this Regulation.
The independent monitoring mechanism shall have the power to issue annual recommendations to Member States.
Member States shall put in place adequate safeguards to guarantee the independence of the independent monitoring mechanism. National Ombudspersons and national human rights institutions, including national preventive mechanisms established under the OPCAT, shall participate in the operation of the independent monitoring mechanism and may be appointed to carry out all or part of the tasks of the independent monitoring mechanism. The independent monitoring mechanism may also involve relevant international and non-governmental organisations and public bodies independent from the authorities carrying out the screening. Insofar as one or more of those institutions, organisations or bodies are not directly involved in the independent monitoring mechanism, the independent monitoring mechanism shall establish and maintain close links with them. The independent monitoring mechanism shall establish and maintain close links with the national data protection authorities and the European Data Protection Supervisor.
The independent monitoring mechanism shall carry out its tasks on the basis of on-the-spot checks and random and unannounced checks.
Member States shall provide the independent monitoring mechanism with access to all relevant locations, including reception and detention facilities, individuals and documents, insofar as such access is necessary to allow the independent monitoring mechanism to fulfil the obligations set out in this Article. Access to relevant locations or classified information shall be granted only to persons acting on behalf of the independent monitoring mechanism and having received the appropriate security clearance issued by a competent authority in accordance with national law.
The Fundamental Rights Agency shall issue general guidance for Member States on the establishment of a monitoring mechanism and its independent functioning. Member States may request the Fundamental Rights Agency to support them in developing their independent monitoring mechanism, including the safeguards for independence of such mechanisms, as well as the monitoring methodology and appropriate training schemes.
The Commission shall take into account the findings of the independent monitoring mechanisms in its assessment of the effective application and implementation of the Charter according to Article 15(1) and Annex III of Regulation (EU) 2021/1060 of the European Parliament and of the Council (36).
3. The independent monitoring mechanism referred to in paragraph 2 of this Article shall be without prejudice to the monitoring mechanism for the purpose of monitoring the operational and technical application of the Common European Asylum System as set out in Article 14 of Regulation (EU) 2021/2303 and to the role of the fundamental rights monitors in monitoring respect for fundamental rights in all activities of the European Border and Coast Guard Agency as set out in Article 80 of Regulation (EU) 2019/1896.
4. Member States shall equip the independent monitoring mechanism referred to in paragraph 2 with appropriate financial means.
Article 11
Provision of information
1. Member States shall ensure that third-country nationals subject to the screening are informed about:
| (a) | the purpose, duration and elements of the screening, as well as the manner in which it is carried out and its possible outcomes; |
| (b) | the right to apply for international protection and the applicable rules on making an application for international protection, where applicable in the circumstances specified in Article 30 of Regulation (EU) 2024/1348, and, for those third-country nationals having made an application for international protection, the obligations and the consequences of non-compliance laid down in Articles 17 and 18 of Regulation (EU) 2024/1351; |
| (c) | the rights and obligations of third -country nationals during the screening, including their obligations under Article 9 and the possibility to contact and be contacted by the organisations and persons referred to in Article 8(6); |
| (d) | the rights conferred on data subjects by the applicable Union data protection law, in particular Regulation (EU) 2016/679. |
2. Member States shall also ensure, where appropriate, that third-country nationals subject to the screening are informed about:
| (a) | the applicable rules on the conditions of entry for third-country nationals in accordance with Regulation (EU) 2016/399, as well as on other conditions of entry, stay and residence of the Member State concerned, to the extent that that information has not been given already; |
| (b) | the obligation to return in accordance with Directive 2008/115/EC and the possibilities to enrol in a programme providing logistical, financial and other material or in-kind assistance for the purpose of supporting voluntary departure; |
| (c) | the conditions of relocation in accordance with Article 67 of Regulation (EU) 2024/1351 or another existing solidarity mechanism. |
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 provided in writing, on paper or in electronic format, and, where necessary, orally using interpretation services. In the case of minors, the information shall be provided in a child-friendly and age-appropriate manner and with the involvement of the representative or person referred to in Article 13(2) and (3). The screening authorities may make the necessary arrangements for cultural mediation services to be available to facilitate access to the procedure for international protection.
4. Member States may authorise relevant and competent national, international and non-governmental organisations and bodies to provide third-country nationals with information referred to in this Article during the screening according to national law.
Article 12
Preliminary health checks and vulnerabilities
1. Third-country nationals subjected to the screening referred to in Articles 5 and 7 shall be subject to a preliminary health check to be carried out by qualified medical personnel with a view to identifying any needs for health care or isolation on public health grounds. Qualified medical personnel may decide, based on the medical circumstances concerning the general state of a individual third-country national, that no further health check during the screening is necessary. Third-country nationals subject to the screening referred to in Articles 5 and 7 shall have access to emergency health care and essential treatment of illness.
2. Without prejudice to the obligations on Member States laid down in Article 24 of Regulation (EU) 2024/1348, for third-country nationals that have made applications for international protection the health check referred to in paragraph 1 of this Article may form part of the medical examination referred to in Article 24 of that Regulation.
3. Third-country nationals subjected to the screening referred to in Articles 5 and 7 shall be subject to a preliminary vulnerability check by specialised personnel of the screening authorities trained for that purpose, with a view to identifying whether a third-country national might be a stateless person, vulnerable or a victim of torture or other inhuman or degrading treatment, or have special needs within the meaning of Directive 2008/115/EC, Article 25 of Directive (EU) 2024/1346 and Article 20 of Regulation (EU) 2024/1348. For the purpose of that vulnerability check, the screening authorities may be assisted by non-governmental organisations and, where relevant, by qualified medical personnel.
4. Where there are indications of vulnerabilities or special reception or procedural needs, the third-country national concerned shall receive timely and adequate support in adequate facilities in view of their physical and mental health. In the case of minors, support shall be given in a child-friendly and age-appropriate manner by personnel trained and qualified to deal with minors, and in cooperation with national child protection authorities.
5. Without prejudice to the assessment of special reception needs required under Directive (EU) 2024/1346, the assessment of special procedural needs required under Regulation (EU) 2024/1348 and the vulnerability check required under Directive 2008/115/EC, the preliminary vulnerability check referred to in paragraphs 3 and 4 of this Article may form part of the vulnerability and special procedural assessments laid down in that Regulation and those Directives.
Article 13
Guarantees for minors
1. During the screening, the best interests of the child shall always be a primary consideration in accordance with Article 24(2) of the Charter.
2. During the screening, the minor shall be accompanied by, where present, an adult family member.
3. Member States shall, as soon as possible, take measures to ensure that a representative or, where a representative has not been appointed, a person trained to safeguard the best interests and general wellbeing of the minor accompanies and assists the unaccompanied minor during the screening in a child-friendly and age-appropriate manner and in a language that he or she understands. That person shall be the person designated to provisionally act as a representative under Directive (EU) 2024/1346 where that person has been designated under that Directive.
The representative shall have the necessary skills and expertise, including regarding the treatment and specific needs of minors. The representative shall act in order to safeguard the best interests and general well-being of the minor and so that the unaccompanied minor can benefit from the rights and comply with the obligations under this Regulation.
4. The person in charge of accompanying and assisting an unaccompanied minor in accordance with paragraph 3 shall not be a person responsible for any elements of the screening, shall act independently and shall not receive orders either from persons responsible for the screening or from the screening authorities. Such persons shall perform their duties in accordance with the principle of the best interests of the child and shall have the necessary expertise and training to that end. In order to ensure the well-being and social development of the minor, that person shall be changed only when necessary.
5. Member States shall place a representative or person as referred to in paragraph 3 in charge of a proportionate and limited number of unaccompanied minors and, under normal circumstances, of no more than thirty unaccompanied minors at one time, to ensure that that representative or person is able to perform his or her tasks effectively.
6. The fact that a representative has not been appointed or a person provisionally acting as a representative has not been designated under Directive (EU) 2024/1346 shall not prevent an unaccompanied minor from exercising the right to apply for international protection.
Article 14
Identification or verification of identity
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 subjected to the screening pursuant to Article 5 or 7 of this Regulation shall be verified or established, by using, where applicable, the following:
| (a) | identity, travel or other documents; |
| (b) | data or information provided by or obtained from the third-country national concerned; and |
| (c) | biometric data. |
2. For the purpose of the identification and verification of identity referred to in paragraph 1 of this Article, the screening authorities shall, using the data or information referred to in that paragraph, query the Common Identity Repository established by Regulations (EU) 2019/817 and (EU) 2019/818 (CIR) pursuant to Article 20a of Regulation (EU) 2019/817 and pursuant to Article 20a of Regulation (EU) 2019/818, search the Schengen Information System established by Regulations (EU) 2018/1860, (EU) 2018/1861 and (EU) 2018/1862 (SIS) and, where relevant, search the national databases applicable in accordance with national law. The biometric data of a third-country national subject to the screening shall be taken once for the purpose of both the identification or verification of identity of that person and registration in Eurodac of that person in accordance with Articles 15(1)(b), 22, 23 and 24 of Regulation (EU) 2024/1358 as applicable.
3. The query of the CIR provided for in paragraph 2 of this Article shall be launched using the ESP in accordance with Chapter II of Regulation (EU) 2019/817 and Chapter II of Regulation (EU) 2019/818. Where it is technically impossible to use the ESP to query one or more EU information systems or the CIR, the first subparagraph of this paragraph shall not apply and the screening authorities shall access the EU information systems or the CIR directly. This paragraph is without prejudice to access by screening authorities to SIS, for which the use of the ESP shall remain optional.
4. Where the biometric data of the third-country national cannot be used or where the query using those data referred to in paragraph 2 fails or returns no hits, the query shall be carried out using the identity data of the third-country national, in combination with any identity, travel or other document data, or with any of the data or information referred to in paragraph 1, point (b).
5. Searches in SIS with biometric data shall be carried out in accordance with Article 33 of Regulation (EU) 2018/1861 and Article 43 of Regulation (EU) 2018/1862.
6. The checks, where possible, shall also include the verification of at least one of the biometric identifiers integrated into any identity, travel or other document.
Article 15
Security check
1. Third-country nationals subjected to the screening pursuant to Article 5 or 7 shall undergo a security check to verify whether they might pose a threat to internal security. That security check may cover both the third-country nationals and the objects in their possession. The law of the Member State concerned shall apply to any searches carried out.
2. For the purpose of conducting the security check referred to in paragraph 1 of this Article, and to the extent that it has not been already done during the checks referred to in Article 8(3) of Regulation (EU) 2016/399, the relevant Union databases, in particular SIS, the Entry/Exit System established by Regulation (EU) 2017/2226 (EES), the European Travel Information and Authorisation System established by Regulation (EU) 2018/1240 (ETIAS), including the ETIAS watchlist referred to in Article 34 of Regulation (EU) 2018/1240, the Visa Information System established by Decision 2004/512/EC (VIS) and the centralised system for the identification of Member States holding conviction information on third-country nationals and stateless persons established by Regulation (EU) 2019/816 (ECRIS-TCN), the Europol data processed for the purpose referred to in Article 18(2), point (a), of Regulation (EU) 2016/794, and the Interpol databases shall be consulted as provided for in Article 16 of this Regulation. Relevant national databases may also be consulted for that purpose.
3. As regards the consultation of the EES, ETIAS, with the exception of the ETIAS watchlist referred to in Article 34 of Regulation (EU) 2018/1240, and VIS pursuant to paragraph 2 of this Article, the retrieved data shall be limited to indicating refusals of entry, refusals, annulment or revocation of a travel authorisation, or decisions to refuse, annul or revoke a visa, a long-stay visa or a residence permit respectively, which are based on security grounds.
In the event of a hit in SIS, the screening authority carrying out the search shall have access to the data contained in the alert.
4. As regards the consultation of ECRIS-TCN, the data retrieved shall be limited to convictions related to terrorist offences and other forms of serious criminal offences referred to in Article 5(1), point (c), of Regulation (EU) 2019/816.
5. If necessary, the Commission shall adopt implementing acts setting out the detailed procedure and specifications for retrieving data. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19(2).
Article 16
Arrangements for identification and security checks
1. The queries provided for in Article 14(2) and in Article 15(2) may be launched using, for queries related to EU information systems, Europol data, Interpol Databases, the ESP in accordance with Chapter II of Regulation (EU) 2019/817 and with Chapter II of Regulation (EU) 2019/818.
2. Where a hit is obtained following a query as provided for in Article 15(2) against data in one of the EU information systems, the screening authorities shall have access to consult data corresponding to that hit in the respective EU information systems subject to the conditions laid down in the legal acts governing such access.
3. When a hit is obtained following a search in SIS, the screening authorities shall carry out the procedures set out in Regulations (EU) 2018/1860, (EU) 2018/1861 or (EU) 2018/1862, including the consultation of the alert issuing Member State through the SIRENE Bureaux referred to in Article 7(2) of Regulation (EU) 2018/1861 and in Article 7(2) of Regulation (EU) 2018/1862.
4. Where the personal data of a third-country national correspond to a person whose data is recorded in ECRIS-TCN and flagged in accordance with Article 5(1), point (c), of Regulation (EU) 2019/816, the data may only be used for the purpose of the security check referred to in Article 15 of this Regulation and for the purpose of consultation of the national criminal records which shall be in accordance with Article 7c of that Regulation. National criminal records shall be consulted prior to the delivery of an opinion pursuant to Article 7c of that Regulation.
5. Where a query as provided for in Article 15(2) reports a match against Europol data, an automated notification, containing the data used for the query, shall be sent to Europol in accordance with Regulation (EU) 2016/794 in order for Europol to take, if needed, any appropriate follow-up action, using the communication channels provided for in that Regulation.
6. Queries of Interpol databases as provided for in Article 15(2) of this Regulation shall be performed in accordance with Articles 9(5) and 72(1) of Regulation (EU) 2019/817. Where it is not possible to perform such queries in a way that no information is revealed to the owner of the Interpol alert, the screening shall not include the query of the Interpol databases.
7. When a hit is obtained in the ETIAS watchlist referred to in Article 34 of Regulation (EU) 2018/1240, Article 35a of that Regulation shall apply.
8. If necessary, 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 and Europol national units, respectively, to determine the threat to internal security. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19(2).
Article 17
Screening form
1. The screening authorities shall, with regard to the persons referred to in Articles 5 and 7, complete a form containing the following:
| (a) | name, date and place of birth and gender; |
| (b) | indication of nationalities or statelessness, countries of residence prior to arrival and languages spoken; |
| (c) | the reason for which the screening was performed; |
| (d) | information on the preliminary health check carried out in accordance with Article 12(1), including where, based on the circumstances concerning the general state of each individual third-country national, no further health check was necessary; |
| (e) | relevant information on the preliminary vulnerability check carried out in accordance with Article 12(3), in particular any vulnerability or special reception or procedural needs identified; |
| (f) | information as to whether the third-country national concerned has made an application for international protection; |
| (g) | information provided by the third-country national concerned as to whether he or she has family members located on the territory of any Member State; |
| (h) | whether the consultation of relevant databases in accordance with Article 15 resulted in a hit; |
| (i) | whether the third-country national concerned has complied with his or her obligation to cooperate in accordance with Article 9. |
2. Where available, the form referred to in paragraph 1 shall include:
| (a) | the reason for irregular arrival or entry; |
| (b) | information on routes travelled, including the point of departure, places of previous residence, third countries of transit, third countries where international protection may have been sought or granted, and intended destination within the Union; |
| (c) | travel or identity documents carried by the third-country nationals; |
| (d) | any comments and other relevant information, including any related information in cases of suspected smuggling or trafficking in human beings. |
3. The information in the form referred to in paragraph 1 shall be recorded in such a way that it is amenable to administrative and judicial review during any ensuing asylum or return procedure.
It shall be specified whether the information referred to in paragraph 1, points (a) and (b), is confirmed by the screening authorities or declared by the person concerned.
Information contained in the form shall be made available either on paper or in electronic format to the person concerned. Information referred to in point (h) of paragraph 1 of this Article shall be redacted. Before the form is transmitted to the relevant authorities as referred to in Article 18(1), (2), (3) and (4), the person subject to the screening shall have the possibility to indicate that the information contained in the form is incorrect. The screening authorities shall record any such indication under the relevant information as referred to in this Article.
Article 18
Completion of the screening
1. Once the screening is completed or, at the latest, when the time limits set in Article 8 of this Regulation expire, third-country nationals referred to in Article 5(1) of this Regulation who have not made an application for international protection shall be referred to the authorities competent for applying procedures respecting Directive 2008/115/EC, without prejudice to the application of Article 6(5) of Regulation (EU) 2016/399.
The form referred to in Article 17 shall be transmitted to the relevant authorities to whom the third-country national is being referred.
2. Third-country nationals referred to in Articles 5 and 7 who have made an application for international protection shall be referred to the authorities competent for registering the application for international protection.
3. Where the third-country national is to be relocated in accordance with Article 67 of Regulation (EU) 2024/1351 or with any other existing mechanism for solidarity, the third-country national concerned shall be referred to the relevant authorities of the Member States concerned together with the form referred to in Article 17 of this Regulation.
4. The third-country nationals referred to in Article 7 of this Regulation who have not made an application for international protection shall continue to be subject to return procedures respecting Directive 2008/115/EC.
5. Where third-country nationals referred to in Article 5(1) and (2) and in Article 7 of this Regulation are referred to the appropriate procedure regarding international protection, to a procedure respecting Directive 2008/115/EC or to the relevant authorities of another Member State concerning third-country nationals to be relocated, the screening ends. Where not all the checks have been completed within the deadlines referred to in Article 8 of this Regulation, the screening shall nevertheless end with regard to that person, who shall be referred to the appropriate procedure.
6. Where, in accordance with national criminal law, a third-country national referred to in Article 5 or 7 of this Regulation is subject to national criminal law procedures, or to an extradition procedure, Member States may decide not to apply the screening. If the screening had already started, the form referred to in Article 17 of this Regulation shall be sent, with an indication of circumstances that ended the screening, to the authorities competent for the procedures respecting Directive 2008/115/EC, or, if the third-country national has made an application for international protection, the authorities competent under national law for registering applications for international protection.
7. The personal data stored pursuant to this Regulation shall be deleted in accordance with the timelines set out in Regulation (EU) 2024/1358.
Article 19
Committee procedure
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act, and Article 5(4), third subparagraph, of Regulation (EU) No 182/2011 shall apply.
Article 20
Amendments to Regulation (EC) No 767/2008
Article 6 of Regulation (EC) No 767/2008 is amended as follows:
| (1) | paragraph 2 is replaced by the following: ‘2. Access to VIS for consulting the data shall be reserved exclusively for the duly authorised staff of:
Such access shall be limited according to the extent that the data are required for the performance of their tasks for those purposes, and proportionate to the objectives pursued. (*1) Regulation (EU) 2024/1356 of the European Parliament and of the Council of 14 May 2024 introducing the 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 (OJ L, 2024/1356, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1356/oj).’;" |
| (2) | the following paragraph is inserted: ‘2a. The screening authorities as defined in Article 2, point (10), of Regulation (EU) 2024/1356 shall also have access to VIS for consulting the data in order to perform a security check in accordance with Article 15(2) of that Regulation. A search in accordance with this paragraph shall be performed by using the data referred to in Article 14(1) of Regulation (EU) 2024/1356 and VIS shall return a hit where a decision to refuse, annul or revoke a visa, long-stay visa or residence permit based on the grounds provided for in Article 12(2)(a)(i),(v) and (vi) of this Regulation is recorded in a matching file. Where a hit is obtained, the screening authorities shall have access to all relevant data in the file.’. |
Article 21
Amendments to Regulation (EU) 2017/2226
Regulation (EU) 2017/2226 is amended as follows:
| (1) | in Article 6(1), the following point is added:
(*2) Regulation (EU) 2024/1356 of the European Parliament and of the Council of 14 May 2024 introducing the 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 (OJ L, 2024/1356, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1356/oj).’;" |
| (2) | Article 9 is amended as follows:
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| (3) | the following Article is inserted: ‘Article 24a Access to data for the security check for the purposes of the screening The screening authorities as defined in Article 2, point (10), of Regulation (EU) 2024/1356 shall have access to the EES to consult the data in order to perform a security check in accordance with Article 15(2) of that Regulation. A search in accordance with this Article shall be performed by using the data referred to in Article 14(1) of Regulation (EU) 2024/1356 and the EES shall return a hit where a refusal of entry record based on the grounds provided for in points B, D, H, I and J of Part B of Annex V to Regulation (EU) 2016/399 is linked to a matching individual file. Where a hit is obtained, the screening authorities shall have access to all relevant data in the file. If the individual file does not include any biometric data, the screening authorities may proceed to access the biometric data of the person concerned and verify correspondence in VIS in accordance with Article 6 of Regulation (EC) No 767/2008.’; |
| (4) | in Article 46(1), point (a) is replaced by the following:
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Article 22
Amendments to Regulation (EU) 2018/1240
Regulation (EU) 2018/1240 is amended as follows:
| (1) | in Article 4, the following point is inserted:
(*4) Regulation (EU) 2024/1356 of the European Parliament and of the Council of 14 May 2024 introducing the 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 (OJ L, 2024/1356, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1356/oj).’;" |
| (2) | in Article 8(2), the following point is added:
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| (3) | Article 13 is amended as follows:
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| (4) | the following Article is inserted: ‘Article 35a Tasks of the ETIAS National Unit and Europol regarding the ETIAS watchlist for the purpose of the screening 1. In cases referred to in Article 13(4b), fourth subparagraph, the ETIAS Central System shall send an automated notification to either the ETIAS National Unit or to Europol, depending on which of them entered the data into the ETIAS watchlist. Where the ETIAS National unit or Europol, as appropriate, considers that the third-country national undergoing the screening might pose a threat to internal security, it shall immediately notify the respective screening authorities and provide a reasoned opinion to the Member State performing the screening, within two days of the receipt of the notification, in the following manner:
2. The automated notification referred to in paragraph 1 of this Article shall contain the data referred to in Article 15(2) of Regulation (EU) 2024/1356 used for the query.’; |
| (5) | in Article 69(1), the following point is inserted:
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Article 23
Amendments to Regulation (EU) 2019/817
Regulation (EU) 2019/817 is amended as follows:
| (1) | in Article 7, paragraph 2 is replaced by the following: ‘2. The Member State authorities and Union agencies referred to in paragraph 1 of this Article shall use the ESP to search data related to persons or their travel documents in the central systems of the EES, VIS and ETIAS in accordance with their access rights as referred to in the legal instruments governing those EU information systems and in national law. They shall also use the ESP to query the CIR in accordance with their access rights under this Regulation for the purposes referred to in Articles 20, 20a, 21 and 22.’; |
| (2) | Article 17 is amended as follows:
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| (3) | in Article 18, paragraph 3 is replaced by the following: ‘3. The authorities accessing the CIR shall do so in accordance with their access rights under the legal instruments governing the EU information systems, and under national law and in accordance with their access rights under this Regulation for the purposes referred to in Articles 20, 20a, 21 and 22.’; |
| (4) | the following Article is inserted: ‘Article 20a Access to the common identity repository for identification or verification of identity according to Regulation (EU) 2024/1356 of the European Parliament and of the Council (*5) 1. Queries of the CIR shall be carried out by the screening authorities as defined in Article 2, point (10), of Regulation (EU) 2024/1356 (the “screening authorities”) solely for the purpose of identification or verification of identity of a person according to Article 14 of that Regulation, provided that the process was initiated in the presence of that person. 2. Where the query indicates that data on that person are stored in the CIR, the screening authorities shall have access to consult the data referred to in Article 18(1) of this Regulation as well as to the data referred to in Article 18(1) of Regulation (EU) 2019/818. (*5) Regulation (EU) 2024/1356 of the European Parliament and of the Council of 14 May 2024 introducing the 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 (OJ L, 2024/1356, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1356/oj).’;" |
| (5) | Article 24 is amended as follows:
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Article 24
Evaluation
By 12 June 2028, the Commission shall report on the implementation of the measures set out in this Regulation.
By 12 June 2031, and every five years thereafter, the Commission shall carry out an evaluation of this Regulation. The Commission shall present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. Member States shall provide the Commission all information necessary for the preparation of that report, by 12 December 2030, and every five years thereafter.
Article 25
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 12 June 2026.
The provisions laid down in Articles 14 to 16 related to queries to EU information systems, the CIR and the ESP shall start to apply only once the individual relevant information systems, the CIR and ESP enter into operation.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.