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REPORT (COM(2020)0612 – C90307/2020 – 2020/0278(COD))

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

A-9-2023-0149

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Birgit Sippel

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Parliament's amended version of the Commission proposal for a regulation introducing a screening of third-country nationals at the external borders. It sets out when the screening applies, what checks it includes, how long it may last, and how people are referred to asylum or return procedures. The screening covers identity verification, security checks against databases, a mandatory preliminary health check and a mandatory vulnerability check, and ends with a screening form given to the person concerned. Each Member State must set up an independent monitoring mechanism for fundamental rights during border surveillance and the screening, with penalties for failures to respect fundamental rights. The text deletes the screening of third-country nationals found within the territory and the rule that people are not authorised to enter during the screening, and adds guarantees for minors and rules on detention and data protection.

Committee position. The rapporteur proposes amendments to create an efficient, speedy screening procedure that fully respects fundamental rights, makes health and vulnerability checks mandatory, strengthens the fundamental rights monitoring mechanism, deletes the screening within the territory and the legal fiction of non-entry, and adds guarantees for unaccompanied minors.

Key points

  1. The screening applies to third-country nationals apprehended in connection with an irregular crossing of the external border, those disembarked after a search and rescue operation who do not fulfil entry conditions, and those applying for international protection at border crossing points without fulfilling entry conditions.
  2. The screening must be completed within five days from apprehension, disembarkation or presentation at the border crossing point; for persons who remain physically at the external border for more than 72 hours the period is reduced to two days.
  3. In a crisis situation the five-day period may be extended by a maximum of five additional days.
  4. The screening includes a preliminary health check by qualified medical professionals and a preliminary vulnerability check by qualified professionals, both mandatory for all persons screened.
  5. Identity is verified or established by consulting the Common Identity Repository and the Schengen Information System, with biometric data taken once for both identification and registration in Eurodac.
  6. A security check verifies whether the person might pose a threat to internal security, consulting the Schengen Information System and relevant national databases.
  7. Member States may detain a person subject to the screening only when necessary and on the basis of an individual assessment, if less coercive alternatives cannot be applied effectively; the Reception Conditions Directive rules on detention apply mutatis mutandis.
  8. Intrusive biometric surveillance technologies, predictive analytics, biometric categorisation, lie detection systems and long-range listening devices are prohibited in or around screening facilities and during the screening.
  9. The best interests of the child must be a primary consideration; a representative must be appointed for unaccompanied minors, responsible for no more than thirty minors at the same time under normal circumstances.
  10. Each Member State must establish or designate an independent monitoring mechanism covering border surveillance and the screening, including access to asylum, non-refoulement, the best interests of the child, health care, reception conditions, detention rules and procedural safeguards.
  11. Member States must investigate all allegations of non-respect for fundamental rights during border surveillance and the screening and adopt national penalties that are effective, proportionate and dissuasive.
  12. On completion, the competent authorities fill in a screening form; the person concerned receives a copy before transmission and may indicate that information is incorrect.

Who is affected

  • Third-country nationals and stateless persons apprehended at the external border, disembarked after search and rescue, or applying for protection at border crossing points.
  • Unaccompanied minors, who must have a representative during the screening.
  • Member States, which must designate competent authorities, provide trained staff and resources, and set up an independent monitoring mechanism.
  • National human rights institutions, ombudspersons and non-governmental organisations, which Member States must involve in the monitoring mechanism.

Figures and deadlines

  • Five days: maximum duration of the screening from apprehension, disembarkation or presentation at the border crossing point.
  • 72 hours: if persons remain physically at the external border longer, the screening period is reduced to two days.
  • Five additional days: maximum extension of the screening period during a crisis situation.
  • Thirty: maximum number of unaccompanied minors a representative should be in charge of at the same time under normal circumstances.
  • Three years: period for which the power to adopt delegated acts is conferred on the Commission from the date of entry into force.
  • Nine months: deadline before the end of the three-year period for the Commission to draw up a report on the delegation of power.
  • Three months: period before the end of each extension period for Parliament or the Council to oppose extension of the delegation.
  • Four days: deadline for authorities to provide detailed information on the grounds of a hit in the Visa Information System, the Entry/Exit System or ETIAS.

Legal basis: Article 294(2) and Article 77(2) points (b) and (d) of the Treaty on the Functioning of the European Union.