Sittings · Document

Draft report (COM(2020)0612 – C9-0307/2020 – 2020/0278(COD)) 2022-01-24

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

Committee on Civil Liberties, Justice and Home Affairs

AM_Com_LegReport

Amendment 145

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier, Malin Björk

on behalf of the The Left Group

Proposal for a regulation

–

Proposal for rejection

The European Parliament rejects the Commission proposal.

Or. en

Amendment 146

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Title 1

Text proposed by the Commission

Amendment

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

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 (EU) 2019/817

Or. en

Amendment 147

Tineke Strik

Proposal for a regulation

Citation 1

Text proposed by the Commission

Amendment

Having regard to the Treaty on the Functioning of the European Union, and in particular points (b) and (d) of Article 77(2) thereof,

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,

Or. en

Amendment 148

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Citation 1

Text proposed by the Commission

Amendment

Having regard to the Treaty on the Functioning of the European Union, and in particular points (b) and (d) of Article 77(2) thereof,

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,

Or. en

Amendment 149

Charlie Weimers, Laura Huhtasaari

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(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 and efficient management of the external border.

(1) The Schengen area was created to achieve an area without internal frontiers in which free movement is ensured. Public trust and the functioning of the Schengen area relies on mutual trust between the Member States and a secure and efficiently managed external border.

Or. en

Amendment 150

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

Or. en

Amendment 151

Tineke Strik

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 152

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Fabienne Keller, Michal Šimečka, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 153

Jean-Paul Garraud, Nicolas Bay

Proposal for a regulation

Recital 1 a (new)

Text proposed by the Commission

Amendment

(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.

Or. fr

Amendment 154

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(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, or where third-country nationals are disembarked following search and rescue operations as well as where third-country nationals request international protection at a border crossing point without fulfilling entry conditions. The present regulation complements and specifies Regulation (EU) 2016/399 with regard to those three sets of situations.

(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 to address situations where third-country nationals have not been subject to border checks at the external borders or where third-country nationals are disembarked following search and rescue operations as well as where third-country nationals request international protection at a border crossing point or at any other part of the external borders, without fulfilling entry conditions. The present regulation complements and specifies Regulation (EU) 2016/399 with regard to those situations.

_________________

21 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code), OJ L 77, 23.3.2016, p.1.

Or. en

Amendment 155

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(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 as well as where third-country nationals request international protection at a border crossing point without fulfilling entry conditions. The present regulation complements and specifies Regulation (EU) 2016/399 with regard to those sets of situations.

_________________

Or. en

Amendment 156

Tineke Strik

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(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 have not been subject to border checks at the external borders, or where third-country nationals are disembarked following search and rescue operations as well as where third-country nationals request international protection at a border crossing point without fulfilling entry conditions. The present regulation complements and specifies Regulation (EU) 2016/399 with regard to those three sets of situations.

_________________

Or. en

Amendment 157

Tomas Tobé, Lena Düpont, Karlo Ressler, Juan Ignacio Zoido Álvarez, Elissavet Vozemberg-Vrionidi, Jeroen Lenaers

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(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 circumvent border checks at the external borders, or where third-country nationals are disembarked following search and rescue operations as well as where third-country nationals request international protection at a border crossing point without fulfilling entry conditions. The present regulation complements and specifies Regulation (EU) 2016/399 with regard to those three sets of situations.

_________________

Or. en

Amendment 158

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Fabienne Keller, Michal Šimečka, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(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 do not undergo border checks at the external borders, or where third-country nationals are disembarked following search and rescue operations as well as where third-country nationals request international protection at a border crossing point without fulfilling entry conditions. The present regulation complements and specifies Regulation (EU) 2016/399 with regard to those three sets of situations.

_________________

Or. en

Amendment 159

Peter Kofod, Jaak Madison, Laura Huhtasaari, Tom Vandendriessche, Nicolaus Fest, Roman Haider, Nicolas Bay, Jean-Paul Garraud, Annalisa Tardino, Charlie Weimers

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(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, whether purposely or not, border checks at the external borders, or where third-country nationals are disembarked following search and rescue operations as well as where third-country nationals request international protection at a border crossing point without fulfilling entry conditions. The present regulation complements and specifies Regulation (EU) 2016/399 with regard to those three sets of situations.

_________________

Or. en

Amendment 160

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(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 procedures respecting Directive 2008/115/EC of the European Parliament and of the Council (the “Return Directive”)22 . The screening should seamlessly complement the checks carried out at the external border or compensate for the fact that those checks have been circumvented by the third country nationals when crossing the external border.

(3) It is essential to ensure that in those situations, the third country nationals are screened, in order to facilitate a proper identification to be referred to the relevant procedures which, depending on the circumstances, can be the common procedures for international protection as laid down in Regulation (EU) XXXX/202X of the European Parliament and of the Council [Asylum Procedures Regulation]. This is without prejudice to the protection of persons identified as stateless or at risk of statelessness, who should be referred to the competent authorities to determine whether the individual is stateless and offer adequate protection, in accordance with international and national law. Once the Screening is over and if a third-country national has clearly denied to apply for international protection and is 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, then the Member State competent authorities may decide that the person should be returned. In such cases Directive (EU)2008/115/EC (Return Directive) should apply. The screening should seamlessly complement the checks carried out at the external border.

_________________

22 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, OJ L 348, 24.12.2008, p. 98.

Or. en

Amendment 161

Tineke Strik

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(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 enable them to be referred efficiently to the correct procedure which, depending on the circumstances, can be the common procedure for international protection as laid down in Regulation (EU) XXXX/202X of the European Parliament and of the Council [Asylum Procedures Regulation], or procedures provided for in Directive 2008/115/EC of the European Parliament and of the Council (the “Return Directive”)22, without prejudice to the ability of a Member State to grant residence permits or other authorisations offering a right to stay for compassionate, humanitarian or other grounds under national law. The screening should seamlessly complement the checks carried out at the external border and be carried out in parallel to applications for international protection that have already been made.

_________________

Or. en

Amendment 162

Tomas Tobé, Lena Düpont, Karlo Ressler, Juan Ignacio Zoido Álvarez, Elissavet Vozemberg-Vrionidi, Jeroen Lenaers

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(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 the efficient referral to the relevant procedures which, depending on the circumstances, can be procedures for international protection or, refusal of entry in accordance with Regulation (EU) 2016/399 (the Schengen Border Code") and return procedures in accordance with Directive 2008/115/EC of the European Parliament and of the Council (the “Return Directive”)22. The screening should seamlessly complement the checks carried out at the external border or compensate for the fact that those checks have been circumvented by the third country nationals when crossing the external border.

_________________

Or. en

Amendment 163

Charlie Weimers, Laura Huhtasaari

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

_________________

Or. en

Amendment 164

Peter Kofod, Jaak Madison, Laura Huhtasaari, Tom Vandendriessche, Nicolaus Fest, Roman Haider, Nicolas Bay, Jean-Paul Garraud, Harald Vilimsky, Annalisa Tardino

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(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 efficiently and promptly refer them to the relevant procedures which, depending on the circumstances, can be procedures for international protection or procedures respecting Directive 2008/115/EC of the European Parliament and of the Council (the “Return Directive”)22 . The screening should seamlessly complement the checks carried out at the external border or compensate for the fact that those checks have been circumvented by the third country nationals when crossing the external border.

_________________

Or. en

Amendment 165

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Fabienne Keller, Michal Šimečka, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(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 as laid down in Regulation (EU) XXX/202X (Asylum Procedure Regulation), procedures respecting Directive 2008/115/EC of the European Parliament and of the Council (the “Return Directive”)22 or a refusal of entry in accordance with Regulation (EU) 2016/399 without prejudice to the Members States' discretion in accordance with Article 6(5) of Regulation (EU) 2016/399. The screening should seamlessly complement the checks carried out at the external border or compensate for the fact that those checks have been circumvented by the third country nationals when crossing the external border.

_________________

Or. en

Amendment 166

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) It is essential to ensure that in those 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 procedures respecting Directive 2008/115/EC of the European Parliament and of the Council (the “Return Directive”)22 . The screening should seamlessly complement the checks carried out at the external border or compensate for the fact that those checks have been circumvented by the third country nationals when crossing the external border.

_________________

Or. en

Amendment 167

Tineke Strik

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(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 combat illegal migration and trafficking of human beings and to prevent any threat to the Member States’ internal security, public policy, public health and international relations. As such, measures taken at the external borders are important elements of a comprehensive approach to migration, allowing to address the challenge of mixed flows of migrants and persons seeking international protection.

(4) Border control is not only in the interest 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 identify persons seeking international protection, protect victims of human trafficking and to prevent any threat to the Member States’ internal security. As such, measures taken at the external borders should be proportionate to the objectives pursued and enable decisions under this Regulation to be taken on an individual basis.

Or. en

Amendment 168

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(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 protect victims of trafficking of human beings and to prevent any threat to the Member States’ internal security, public health and international relations. As such, measures taken at the external borders should be proportionate to the objectives pursued and enable decisions under this Regulation to be taken on an individual basis.

Or. en

Amendment 169

Charlie Weimers, Laura Huhtasaari

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(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. Border control should help to combat illegal migration, amplify communication campaigns deterring migrants from illegally entering the EU and counteract the trafficking of human beings and to prevent any threat to the Member States’ internal security, public policy, public health and international relations. As such, measures taken at the external borders are important elements of migration mitigation, allowing to address the challenge posed by mass migratory flows to European culture, society and way of life.

Or. en

Amendment 170

Peter Kofod, Jaak Madison, Laura Huhtasaari, Tom Vandendriessche, Nicolaus Fest, Roman Haider, Nicolas Bay, Jean-Paul Garraud, Harald Vilimsky, Annalisa Tardino, Charlie Weimers

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(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 primarily combat illegal migration and trafficking of human beings and to prevent any threat to the Member States’ internal security, public policy, public health and international relations. As such, measures taken at the external borders are important elements of ensuring safety of the Member States.

Or. en

Amendment 171

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Fabienne Keller, Michal Šimečka, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(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 reduce illegal migration and trafficking of human beings and to prevent any threat to the Member States’ internal security, public health and international relations. As such, measures taken at the external borders are important elements of a comprehensive approach to migration.

Or. en

Amendment 172

Tomas Tobé, Lena Düpont, Karlo Ressler, Juan Ignacio Zoido Álvarez, Elissavet Vozemberg-Vrionidi, Jeroen Lenaers

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) Border control is not only in the interest 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 prevent illegal migration and combat trafficking of human beings and to prevent any threat to the internal security of the Union, the Member States’ national security, public policy, public health and international relations. As such, measures taken at the external borders are important elements of a comprehensive approach to asylum and migration, and vital to address the challenge of mixed flows of migrants and ensuring access to the relevant procedure for persons seeking international protection.

Or. en

Amendment 173

Tineke Strik

Proposal for a regulation

Recital 4 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 174

Tomas Tobé, Lena Düpont, Karlo Ressler, Juan Ignacio Zoido Álvarez, Elissavet Vozemberg-Vrionidi, Jeroen Lenaers

Proposal for a regulation

Recital 4 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 175

Charlie Weimers, Laura Huhtasaari

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(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. In accordance with Article 13 of Regulation (EU) 2016/399 a person who has crossed a border in an unauthorised manner and who has no right to stay on the territory of the Member State concerned shall be apprehended and made subject to procedures respecting Directive 2008/115/EC. In accordance with Article 3 of Regulation (EU) 2016/399, border control should be carried out without prejudice to the rights of refugees and persons requesting international protection, in particular as regards non-refoulement.

(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. A person who has crossed a border in an unauthorised manner shall not be allowed to request international protection and shall instead be returned to his or her port of origin, last safe transit country or country of origin.

Or. en

Amendment 176

Peter Kofod, Jaak Madison, Laura Huhtasaari, Tom Vandendriessche, Nicolaus Fest, Roman Haider, Nicolas Bay, Jean-Paul Garraud, Harald Vilimsky, Charlie Weimers

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 177

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(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 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. However, also in accordance with Article 3 of the same Regulation border control should be carried out without prejudice to the rights of refugees and persons requesting international protection, in particular as regards non-refoulement and, in accordance with Article 4, Member States shall, among others, 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’).

Or. en

Amendment 178

Tineke Strik

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(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 respond to third-country nationals crossing the borders. 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. That is, however, without prejudice to Article 3 of Regulation (EU) 2016/399, according to which border control should be carried out without prejudice to the rights of refugees and persons requesting international protection, in particular as regards non-refoulement.

Or. en

Amendment 179

Tomas Tobé, Lena Düpont, Karlo Ressler, Juan Ignacio Zoido Álvarez, Elissavet Vozemberg-Vrionidi, Jeroen Lenaers

Proposal for a regulation

Recital 5 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 180

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(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 asylum or return procedure.

(6) Border guards are often confronted with situations where third-country nationals, without travel documents, are requesting international protection, both following apprehension during border surveillance and during checks at the border crossing points. Moreover, at some border sections large numbers of arrivals can occur at the same time. In all circumstances, the relevant procedures should take place in compliance with all established safeguards.

Or. en

Amendment 181

Tineke Strik

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) Border guards are often faced with third-country nationals who are requesting international protection and who have no travel documents, both following apprehension during border surveillance and during checks at the border crossing points. Moreover, at some border sections the border guards can be faced with large numbers of arrivals at the same time. In such circumstances, it is particularly important to determine the correct procedure as soon as possible.

Or. en

Amendment 182

Charlie Weimers, Laura Huhtasaari

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(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 to determine the return procedure or procedure for processing their request for international protection in a third country partner state reception centre.

Or. en

Amendment 183

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Fabienne Keller, Michal Šimečka, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

Or. en

Amendment 184

Peter Kofod, Jaak Madison, Laura Huhtasaari, Tom Vandendriessche, Nicolaus Fest, Roman Haider, Nicolas Bay, Jean-Paul Garraud, Harald Vilimsky, Annalisa Tardino, Charlie Weimers

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 185

Tomas Tobé, Lena Düpont, Karlo Ressler, Juan Ignacio Zoido Álvarez, Elissavet Vozemberg-Vrionidi, Jeroen Lenaers

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(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 determine the appropriate asylum or return procedure.

Or. en

Amendment 186

Charlie Weimers, Laura Huhtasaari

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(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 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.

(7) In order to ensure a swift return of third-country nationals who entered illegally or try to avoid border checks or who request international protection at a border crossing point without fulfilling the entry conditions or who are not returned by the vessel to the port of origin following a search and rescue operation, it is necessary to provide a framework for cooperation between the different national authorities responsible for border control, the protection of public health and public safety enabling quick and efficient examination of the need for international protection in a third country partner state reception centre where international protection would be provided if the application is approved and if rejected ensuring swift returns to ports of origin, the last safe transit country or countries of origin.

Or. en

Amendment 187

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7) In order to improve procedures in regards to third country nationals who have not been subject to border checks or request international protection at a border crossing point or at any other part of the external borders, cooperation is needed between the different national authorities such as those responsible for border control, for the protection of individual and public health, for child protection and for the examination of the requests for international protection.

Or. en

Amendment 188

Tineke Strik

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7) In order to ensure a better handling of third-country nationals who have not been subject to border checks or who request international protection at a border crossing point without fulfilling the entry conditions or who are disembarked following a search and rescue operation, it is necessary to provide a stronger framework for cooperation between the different national authorities responsible for border control, the protection of individual and public health, the protection of children, the examination of the need for international protection and the application of return procedures.

Or. en

Amendment 189

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Fabienne Keller, Michal Šimečka, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7) In order to ensure a swift and better handling of third-country nationals who did not undergo 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 safeguarding of fundamental rights, the protection of public health, the management of vulnerable cases, the examination of the need for international protection and the application of return procedures.

Or. en

Amendment 190

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(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, 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.

Or. en

Amendment 191

Peter Kofod, Jaak Madison, Laura Huhtasaari, Tom Vandendriessche, Nicolaus Fest, Roman Haider, Nicolas Bay, Jean-Paul Garraud, Harald Vilimsky, Annalisa Tardino

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 192

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) In particular, the screening should help to ensure that the third-country nationals concerned are referred to the appropriate procedures at the earliest stage possible and that the procedures are continued without interruption and delay. At the same time, the screening should help to counter the practice whereby some applicants for international protection abscond after having been authorised to enter the territory of a Member State based on their request for international protection, in order to pursue such requests in another Member State or not at all.

deleted

Or. en

Amendment 193

Tineke Strik

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

Or. en

Amendment 194

Peter Kofod, Annalisa Tardino, Jaak Madison, Laura Huhtasaari, Tom Vandendriessche, Nicolaus Fest, Roman Haider, Nicolas Bay, Jean-Paul Garraud, Harald Vilimsky, Charlie Weimers

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) 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. In particular, the screening should help to counter the practice whereby some applicants for international protection abscond after having been authorised to enter the territory of a Member State based on their request for international protection, in order to pursue such requests in another Member State or not at all.

Or. en

Amendment 195

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9) With regard to those persons who apply for international protection, the screening should be followed by an examination of the need for international protection. It should allow to collect 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 persons with special needs are identified at an early stage, so that any special reception and procedural needs are fully taken into account in the determination of and the pursuit of the applicable procedure.

(9) With regard to those persons who apply for international protection, the screening should take place during the initial stage of the examination of the request for international protection. The screening authorities should provide all the information relating to the third country national to the authorities examining their application for international protection in a way that the third country national has also full knowledge of. The screening should also contribute to identifying vulnerabilities so that persons with special needs are identified at an early stage in order for any special reception and procedural needs to be fully taken into account. However, a third-country national may be identified as a person with special needs even after the screening process has ended and this should then be taken into account.

Or. en

Amendment 196

Charlie Weimers, Laura Huhtasaari

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(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 any information that is relevant to identify the appropriate procedure for the examination of the application, be it in a Member State or a third country partner state reception centre, thus speeding up that examination, and for the swift relocation of persons awaiting returns to their last safe transit country, port of origin, their country of origin or transfer to a third country partner state reception centre.

Or. en

Amendment 197

Tineke Strik

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9) With regard to those persons who apply for international protection, the screening should be followed by an examination of the need for international protection. It should enable the screening authorities to share with the authorities competent for that examination the relevant information. The screening should also contribute to identify persons in a vulnerable situation and persons with special needs at an early stage, so that any special reception and procedural needs are fully taken into account in the determination of and the pursuit of the applicable procedure.

Or. en

Amendment 198

Peter Kofod, Jaak Madison, Laura Huhtasaari, Tom Vandendriessche, Nicolaus Fest, Roman Haider, Nicolas Bay, Jean-Paul Garraud, Harald Vilimsky, Annalisa Tardino

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9) With regard to those persons who apply for international protection, the screening may be followed by an examination of the need for international protection. It may 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, if that would allow for speeding up that examination. The screening should also ensure that persons with special needs are identified at an early stage, so that any special reception and procedural needs are taken into account in the determination of and the pursuit of the applicable procedure.

Or. en

Amendment 199

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Fabienne Keller, Michal Šimečka, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(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 specific needs are identified at an early stage, so that any special reception and procedural needs are fully taken into account in the determination of and the pursuit of the applicable procedure.

Or. en

Amendment 200

Tomas Tobé, Lena Düpont, Karlo Ressler, Jeroen Lenaers

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9) With regard to those persons who apply for international protection, the screening should facilitate the 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 persons with special needs are identified at an early stage, so that any special reception and procedural needs are fully taken into account in the determination of and the pursuit of the applicable procedure.

Or. en

Amendment 201

Charlie Weimers, Laura Huhtasaari

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(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].

deleted

Or. en

Amendment 202

Peter Kofod, Laura Huhtasaari, Jaak Madison, Tom Vandendriessche, Nicolaus Fest, Roman Haider, Nicolas Bay, Jean-Paul Garraud, Harald Vilimsky, Charlie Weimers

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

Or. en

Amendment 203

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(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, as well as to persons who have been disembarked following search and rescue operations, regardless of whether they apply or not for international protection. This Regulation should also apply to those who seek international protection at the border crossing points or in transit zones without fulfilling the entry conditions

(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, regardless of whether they apply or not for international protection. This Regulation should also apply to those who seek international protection at the border crossing points or in transit zones without fulfilling the entry conditions

Or. en

Amendment 204

Peter Kofod, Jaak Madison, Laura Huhtasaari, Tom Vandendriessche, Nicolaus Fest, Roman Haider, Nicolas Bay, Jean-Paul Garraud, Harald Vilimsky, Annalisa Tardino

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(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 by land, sea or air, except third country nationals for whom the Member State is not required to take the biometric data pursuant to Article 14(1) and (3) of the Eurodac Regulation for reasons other than their age, as well as to persons who have been disembarked following search and rescue operations, regardless of whether they apply or not for international protection. This Regulation should also apply to those who seek international protection at the border crossing points or in transit zones without fulfilling the entry conditions

Or. en

Amendment 205

Tineke Strik

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11) This Regulation should apply to third-country nationals and stateless persons who are apprehended in connection with the irregular crossings of the external border of a Member State by land, sea or air, except third country nationals for whom the Member State is not required to take the biometric data pursuant to Article 14(1) and (3) of the Eurodac Regulation for reasons other than their age, as well as to persons who have been disembarked following search and rescue operations, regardless of whether they apply or not for international protection. This Regulation should also apply to those who seek international protection at the border crossing points or in transit zones without fulfilling the entry conditions

Or. en

Amendment 206

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11) This Regulation should apply to third-country nationals and stateless persons who are apprehended in connection with irregular crossings of the external border of a Member State by land, sea or air, except third country nationals for whom the Member State is not required to take the biometric data pursuant to Article 14(1) and (3) of the Eurodac Regulation for reasons other than their age, as well as to persons who have been disembarked following search and rescue operations, regardless of whether they apply or not for international protection. This Regulation should also apply to those who seek international protection at the border crossing points or in transit zones without fulfilling the entry conditions.

Or. en

Amendment 207

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12) The screening should be conducted at or in proximity to the external border, before the persons concerned are authorised to enter the territory. The Member States should apply measures pursuant to national law to prevent the persons concerned from entering the territory during the screening. In individual cases, where required, this may include detention, subject to the national law regulating that matter.

(12) The screening should be conducted within the territory of the Member State at any appropriate location that guarantees the proper implementation of Regulation(EU) XXXX/202X of the European Parliament and of the Council [Asylum Procedures Regulation] and of Directive 2013/33/EU of the European Parliament and of the Council [Reception Conditions Directive] and would ensure that third-country nationals may exercise their rights, including effective access to legal aid. Member States could decide that the third country nationals should reside in a specific place but this should not result in their detention, particularly when these are unaccompanied children or children in families who should never be detained as detention is never in the best interests of the child and should never be applied to them. Hence, the use of detention should only be as a last resort, when ordered in writing by judicial or administrative authorities and subject to the relevant Union and national law after an individual examination and vulnerability screening and unless other less coercive measures can be applied effectively in a specific case.

Or. en

Amendment 208

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Fabienne Keller, Michal Šimečka, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12) The screening should be conducted at any location within the territory of the Member State, including at locations situated at or in proximity to the external border, provided that the relevant provisions laid out in Directive (EU) XXX/XXX [Reception Conditions Directive recast] can be applied. The Member States should apply measures pursuant to Union law to prevent the persons concerned from entering the territory during the screening. In accordance with Directive (EU) XXX/XXX [Reception Conditions Directive recast], a Member State shall not decide to hold an applicant in detention until it has individually assessed that applicant’s case and effectively considered alternatives to detention or less coercive measures. Deprivation of liberty should always be a measure of last resort and in accordance with Article 5 of the European Convention on Human Rights (ECHR).

Or. en

Amendment 209

Tineke Strik

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12) The screening should be conducted in official and adequate facilities, which meet the standards of Directive (EU) xxxx/xxxx [Reception Conditions Directive], located within the territory of the Member State. The Member States should apply measures pursuant to international- and EU law to allow the persons concerned to enter the territory if they express the wish to apply for international protection.

Or. en

Amendment 210

Nadine Morano

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12) The screening should be conducted at or in proximity to the external border, before the persons concerned are authorised to enter the territory. The Member States should apply measures pursuant to national law to prevent the persons concerned from entering the territory during the screening. This includes detention, in accordance with the national law regulating that matter.

Or. fr

Amendment 211

Peter Kofod, Jaak Madison, Laura Huhtasaari, Tom Vandendriessche, Nicolaus Fest, Roman Haider, Nicolas Bay, Jean-Paul Garraud, Harald Vilimsky, Annalisa Tardino

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(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. Where required, this may include detention, subject to the national law regulating that matter.

Or. en

Amendment 212

Tomas Tobé, Lena Düpont, Karlo Ressler, Juan Ignacio Zoido Álvarez, Jeroen Lenaers

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12) The screening should be conducted at or in proximity to the external border, before the persons concerned are authorised to enter the territory. The Member States should apply measures pursuant to national law to prevent the persons concerned from entering the territory during the screening and prevent secondary movement. In individual cases, where required, this may include detention, or alternatives to detention, subject to the national law regulating that matter.

Or. en

Amendment 213

Tineke Strik

Proposal for a regulation

Recital 12 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 214

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 12 a (new)

Text proposed by the Commission

Amendment

Or. en

Amendment 215

Jean-Paul Garraud, Nicolas Bay

Proposal for a regulation

Recital 12 a (new)

Text proposed by the Commission

Amendment

(12a) Third-country nationals wanting to come to the European Union could also be screened in the Member States' representations abroad.

Or. fr

Amendment 216

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 12 b (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 217

Tineke Strik

Proposal for a regulation

Recital 12 b (new)

Text proposed by the Commission

Amendment

Or. en

Amendment 218

Charlie Weimers, Laura Huhtasaari

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(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 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.

deleted

Or. en

Amendment 219

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 220

Tineke Strik

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(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 did not yet enter the territory of the Member State, the third-country national concerned should be authorised to enter the territory.

Or. en

Amendment 221

Peter Kofod, Jaak Madison, Laura Huhtasaari, Tom Vandendriessche, Nicolaus Fest, Nicolas Bay, Jean-Paul Garraud, Harald Vilimsky, Annalisa Tardino, Charlie Weimers

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 222

Nadine Morano

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14) In view of the purpose of the derogation referred to in Article 6(5) of Regulation (EU) 2016/399, persons whose entry has been authorised by a Member State under that provision in an individual decision should not be submitted to the screening despite the fact that they do not fulfil all entry conditions.

(14) As the goal of screening is to increase security at external borders and in the area of free movement, all persons whose entry has been authorised by a Member State under the derogation referred to in Article 6(5) of Regulation (EU) 2016/399, as the persons covered by that provision do not fulfil all entry conditions.

Or. fr

Amendment 223

Tineke Strik

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

Or. en

Amendment 224

Tineke Strik

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(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 security or public health. In the case of persons requesting international protection at border crossing points, the identity and security checks carried out in the context of border checks should be taken into account to avoid duplication.

(15) All persons subject to the screening should be submitted to checks in order to verify their identity, identify any situation of vulnerability or special needs and to ascertain that they do not pose a threat to internal security or public health. In the case of persons requesting international protection at border crossing points, the identity and security checks carried out in the context of border checks in accordance with the provisions of Regulation (EU) 2016/399 should not be duplicated.

Or. en

Amendment 225

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(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 public health. In the case of persons requesting international protection at border crossing points, the identity checks carried out in the context of border checks according Regulation (EU) 2016/399 should not be duplicated.

Or. en

Amendment 226

Tomas Tobé, Lena Düpont, Karlo Ressler, Juan Ignacio Zoido Álvarez, Elissavet Vozemberg-Vrionidi, Jeroen Lenaers

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(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 or national security, public order or policy or public health. In the case of persons requesting international protection at border crossing points, the identity and security checks carried out in the context of border checks should be taken into account to avoid duplication.

Or. en

Amendment 227

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 15 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 228

Tomas Tobé, Lena Düpont, Karlo Ressler, Juan Ignacio Zoido Álvarez, Elissavet Vozemberg-Vrionidi, Jeroen Lenaers

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(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. 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.

Or. en

Amendment 229

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16) The 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 refusal of entry, as defined in Regulation(EU) No 2016/399, should apply only for persons not having entered yet the territory of the Member States, such as transit areas, and only at official land and air border crossing points. In compliance with the principle of non-refoulement, upon a third-country national’s wish to make an application for international protection, whether this happens at the moment of apprehension, in the course of border control at the border crossing point or at any part of the external borders or during the screening, the person should be considered applicant therefore, from that moment, Regulation(EU) xxxx/xxxx [Asylum Procedure Regulation] and Directive 2013/33/EU [Reception Conditions Directive] apply. Where applicable, persons identified as stateless or at risk of statelessness should also be referred to the competent authorities to determine whether the individual is stateless and offer adequate protection, in accordance with international and national law.

Or. en

Amendment 230

Tineke Strik

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16) On completion of the screening, the third-country nationals concerned should be referred to the procedure to establish responsibility for examining an application for and to assess the need for international protection, to apply the procedures provided for in Directive 2008/115 (return directive), as appropriate and without prejudice to the ability of a Member State to grant residence permits or other authorisations offering a right to stay for compassionate, humanitarian or other grounds under national law. The relevant information provided during the screening should be transmitted to the relevant competent authorities to support the further assessment of each individual case, in full respect of fundamental rights. The procedures established by Directive 2008/115 should start applying only after the screening has ended. 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) xxxx/xxxx [Asylum Procedure Regulation] and Directive (EU) xxxx/xxxx [Reception Conditions Directive] apply from the moment of their request.

Or. en

Amendment 231

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Fabienne Keller, Michal Šimečka, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 232

Tomas Tobé, Lena Düpont, Karlo Ressler, Juan Ignacio Zoido Álvarez, Elissavet Vozemberg-Vrionidi, Jeroen Lenaers

Proposal for a regulation

Recital 16 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 233

Peter Kofod, Jaak Madison, Laura Huhtasaari, Tom Vandendriessche, Nicolaus Fest, Roman Haider, Nicolas Bay, Jean-Paul Garraud, Harald Vilimsky, Charlie Weimers

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(17) The screening could also be followed by relocation 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].

deleted

Or. en

Amendment 234

Tineke Strik

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(17) The screening should also be followed by relocation under the mechanisms for relocation established by Regulation (EU) XXX/XXX [Asylum and Migration Management] and Regulation (EU) XXX/XXX [Regulation on situations of crisis]. Relocation should be mandatory following disembarkation after search and rescue operations as well as the arrival of applicants in a vulnerable situation, and automatic where no other Member State can be determined responsible for an applicant’s claim. Any meaningful links to a given Member State, or the applicant’s preferences when there are no such links, should be taken into account before relocating an applicant. The right to family reunification should always be respected.

Or. en

Amendment 235

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(17) Member States should relocate applicants for international protection swiftly and without undue delay after the screening, including persons disembarked after search and rescue operations, under the automatic distribution mechanism established by Regulation (EU) XXX/XXX[Asylum and Migration Management], or under the mechanism addressing situations of crisis established by Regulation (EU) XXX/XXX [Regulation on situations of crisis]. Unaccompanied minors and families with minors, as well as vulnerable applicants should have their transfers prioritised. The right to family reunification should always be respected.

Or. en

Amendment 236

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Fabienne Keller, Michal Šimečka, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(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].

Or. en

Amendment 237

Tineke Strik

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(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 presumably managed to evade entry checks upon arrival in the Schengen area and therefore could have not been either refused entry or referred to the appropriate procedure following screening. Applying the screening could also help in ascertaining, through the consultation of the databases referred to in this Regulation, that the persons concerned do not pose a threat to internal security. By the end of the screening within the territory, the third-country nationals concerned should be subject to a return procedure or, where they apply for international protection, to the appropriate asylum procedure. Submitting the same third-country national to repeated screenings should be avoided to the utmost extent possible.

deleted

Or. en

Amendment 238

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 239

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 240

Peter Kofod, Jaak Madison, Laura Huhtasaari, Tom Vandendriessche, Nicolaus Fest, Roman Haider, Nicolas Bay, Jean-Paul Garraud, Harald Vilimsky, Annalisa Tardino, Charlie Weimers

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(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 should 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 even 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 clearly necessary in order to compensate for the fact that they presumably managed to evade entry checks upon arrival in the Schengen area and therefore could have not been either refused entry or referred to the appropriate procedure following screening. Applying the screening could also help in ascertaining, through the consultation of the databases referred to in this Regulation, that the persons concerned do not pose a threat to internal security. By the end of the screening within the territory, the third-country nationals concerned should be subject to a return procedure or, where they apply for international protection, to the appropriate asylum procedure. Submitting the same third-country national to repeated screenings should be avoided to the utmost extent possible.

Or. en

Amendment 241

Tomas Tobé, Lena Düpont, Karlo Ressler, Juan Ignacio Zoido Álvarez, Elissavet Vozemberg-Vrionidi, Jeroen Lenaers

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(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 should 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 presumably managed to evade entry checks upon arrival in the Schengen area and therefore could have not been either refused entry or referred to the appropriate procedure following screening. Applying the screening could also help in ascertaining, through the consultation of the databases referred to in this Regulation, that the persons concerned do not pose a threat to internal or national security or to public order or policy. By the end of the screening within the territory, the third-country nationals concerned should be subject to a return procedure or, where they apply for international protection, to the appropriate asylum procedure. Submitting the same third-country national to repeated screenings should be avoided to the utmost extent possible.

Or. en

Amendment 242

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(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 presumably managed to evade entry checks upon arrival in the Schengen area and therefore could have not been either refused entry or referred to the appropriate procedure following screening. Applying the screening could also help in ascertaining, through the consultation of the databases referred to in this Regulation, that the persons concerned do not pose a threat to internal security. Throughout the screening, these persons should be regarded as if they had not entered the territory of the Member State similarily to those persons under the screening procedure at the external borders. By the end of the screening within the territory, the third-country nationals concerned should be subject to a return procedure or, where they apply for international protection, to the appropriate asylum procedure. Submitting the same third-country national to repeated screenings should be avoided to the utmost extent possible.

Or. en

Amendment 243

Tineke Strik

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(19) The screening should be completed as soon as possible, and should not exceed 5 days where it is conducted at the external border and 3 days where it is conducted within the territory of a Member State. Any extension of the 5 days’ time limit should be reserved for exceptional situations at the external borders, where the capacities of the Member State to handle screenings are exceeded for reasons beyond its control such as crisis situations referred to in Article 1 of Regulation XXX/XXX [crisis proposal].

(19) The screening should be completed as soon as possible, and should not exceed 5 days.

Or. en

Amendment 244

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(19) The screening should be completed as soon as possible, and should not exceed 5 days.

Or. en

Amendment 245

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(19) The screening should be completed as soon as possible, and should not exceed 5 days.

Or. en

Amendment 246

Peter Kofod, Jaak Madison, Laura Huhtasaari, Tom Vandendriessche, Nicolaus Fest, Roman Haider, Nicolas Bay, Jean-Paul Garraud, Harald Vilimsky, Charlie Weimers

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(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. In exceptional situations, the limit can be extended if it is necessary for the proper conducting of the screening procedure.

Or. en

Amendment 247

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(19) The screening should be completed as soon as possible, and should not exceed 14 days. Any extension of the 14 days’ time limit should be reserved for exceptional situations at the external borders, such as where the capacities of the Member State to handle screenings are exceeded for reasons beyond its control such as crisis situations referred to in Article 1 of Regulation XXX/XXX [crisis proposal] or if it is impossible to conclude the screening or the security, vulnerability and the age determination procedure within that time-limit.

Or. en

Amendment 248

Tineke Strik

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20) The Member States should determine appropriate locations for the screening at or in 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. 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 .

deleted

_________________

23 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard, OJ L 295, 14.11.2019, p. 1.

Or. en

Amendment 249

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

deleted

_________________

23 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard, OJ L 295, 14.11.2019, p. 1.

Or. en

Amendment 250

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Fabienne Keller, Michal Šimečka, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(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 apprehended third-country nationals as well as those who present themselves at a border crossing point can be swiftly submitted to the screening. The Member States shall guarantee that the relevant reception conditions established by Directive (EU)XXX/XXX [Reception Conditions Directive recast] apply during the screening. Children, families and other vulnerable groups should be prioritised and referred to adequate accommodation immediately after arrival.

_________________

23 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard, OJ L 295, 14.11.2019, p. 1.

Or. en

Amendment 251

Peter Kofod, Jaak Madison, Laura Huhtasaari, Tom Vandendriessche, Nicolaus Fest, Roman Haider, Nicolas Bay, Jean-Paul Garraud, Harald Vilimsky, Annalisa Tardino, Charlie Weimers

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(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 .

_________________

23 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard, OJ L 295, 14.11.2019, p. 1.

Or. en

Amendment 252

Charlie Weimers, Laura Huhtasaari

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(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 carrying out return procedures respecting Directive 2008/115. Child protection authorities should also be closely involved in the screening wherever necessary to ensure that the best interests of the child are duly taken into account throughout the screening. Member States should be allowed to avail themselves of the support of the relevant agencies, in particular the European Border and Coast Guard Agency and the [European Union Agency for Asylum], within the limits of their mandates. Member States should involve the national Rapporteurs for Anti-trafficking wherever the screening reveals facts relevant for trafficking in line with Directive 2011/36/EU of the European Parliament and of the Council24 .

deleted

_________________

24 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1.

Or. en

Amendment 253

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(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 and those referred to in Article 5 of the [Asylum Procedures Regulation]. Child protection authorities should also be closely involved in the screening to ensure that the best interests of the child are duly taken into account throughout the screening. A representative should be appointed to represent and assist the unaccompanied minor during the screening. Where applicable, this representative should be the same as the representative to be appointed in accordance with Article 23 of Directive 2013/33/EU [Reception Conditions Directive]. Member States should seek the cooperation with the monitoring mechanism as established in Article 7 to ensure that all actions and procedures are in compliance with the respect of fundamental rights. In addition to the monitoring mechanism, NGOs and Civil Society Organisations specialised in child protection should be granted access to monitor procedures of identification, verification and age assessment. Member States should be allowed to avail themselves of the support of the relevant agencies, in particular the European Border and Coast Guard Agency and the [European Union Agency for Asylum], within the limits of their mandates. The tasks, functions and activities performed by the relevant EU Agencies in support of Member States pursuant to this Regulation should fall under the scope of the independent monitoring mechanism to be established by each Member State in accordance with this Regulation. Member States should also put in place measures to identify potential victims of trafficking of human beings as early as possible to prevent further trafficking, provide them with protection and involve the national Rapporteurs for Anti-trafficking wherever the screening reveals facts relevant for trafficking in line with Directive 2011/36/EU of the European Parliament and of the Council24 .

_________________

24 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1.

Or. en

Amendment 254

Tineke Strik

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(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 Regulation (EU) xxxx/xxxx [Asylum Procedures Regulation] as well as those responsible for carrying out return procedures respecting Directive 2008/115/EC. Child protection authorities should also be closely involved in the screening wherever necessary to ensure that the best interests of the child are duly taken into account throughout the screening. Member States should be allowed to avail themselves of the support of the relevant agencies, in particular the European Border and Coast Guard Agency and the [European Union Agency for Asylum], within the limits of their mandates. The tasks, functions and activities performed by the relevant EU Agencies in support of Member States pursuant to this Regulation should fall under the scope of the independent monitoring mechanism to be established by each Member State in accordance with this Regulation. Member States should involve the national Rapporteurs for Anti-trafficking wherever the screening reveals facts relevant for trafficking in line with Directive 2011/36/EU of the European Parliament and of the Council24 .

_________________

24 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1.

Or. en

Amendment 255

Peter Kofod, Jaak Madison, Laura Huhtasaari, Tom Vandendriessche, Harald Vilimsky, Charlie Weimers, Nicolaus Fest

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

_________________

24 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1.

Or. en

Amendment 256

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Fabienne Keller, Michal Šimečka, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(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 carrying out return procedures respecting Directive 2008/115. Child protection authorities should also be closely involved in the screening when dealing with minors or person claiming to be minors to ensure that the best interests of the child are duly taken into account throughout the screening. Member States should be allowed to avail themselves of the support of the relevant agencies, in particular the European Border and Coast Guard Agency and the [European Union Agency for Asylum], within the limits of their mandates. Member States should involve the national Rapporteurs for Anti-trafficking wherever the screening reveals facts relevant for trafficking in line with Directive 2011/36/EU of the European Parliament and of the Council24 .

_________________

24 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1.

Or. en

Amendment 257

Peter Kofod, Jaak Madison, Laura Huhtasaari, Tom Vandendriessche, Nicolaus Fest, Roman Haider, Nicolas Bay, Jean-Paul Garraud, Harald Vilimsky

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 258

Charlie Weimers, Laura Huhtasaari

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(22) When conducting the screening, the competent authorities are expected to comply with national law and any relevant provision in bilateral, multilateral, or EU-agreements with third country partner states hosting reception centres, as well as to ensure the procedure respects human dignity.

Or. en

Amendment 259

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Michal Šimečka, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(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 or gender identity. The best interests of the child should always be the primary consideration in any decision affecting children. Since the administrative detention of children for migration purposes is never in the best interests of the child, unaccompanied children and children with families shall never be detained.

Or. en

Amendment 260

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(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. The best interests of the child should be the primary consideration in the implementation of this Regulation.

Or. en

Amendment 261

Tineke Strik

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(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. The best interests of the child should be a primary consideration when implementing this Regulation.

Or. en

Amendment 262

Nadine Morano

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

Or. fr

Amendment 263

Jean-Paul Garraud, Nicolas Bay

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(23) In order to ensure compliance with EU and international law, including the Charter of Fundamental Rights, during the screening, each Member State should establish a monitoring mechanism and put in place adequate safeguards for the independence thereof. The monitoring mechanism should cover in particular the respect for fundamental rights in relation to the screening, as well as the respect for the applicable national rules regarding detention and compliance with the principle of non-refoulement as referred to in Article 3(b) of Regulation (EU) 2016/399. The Fundamental Rights Agency should establish general guidance as to the establishment and the independent functioning of such monitoring mechanism. Member States should furthermore be allowed to request the support of the Fundamental Rights Agency for developing their national monitoring mechanism. Member States should also be allowed to seek advice from the Fundamental Rights Agency with regard to establishing the methodology for this monitoring mechanism and with regard to appropriate training measures. Member States should also be allowed to invite relevant and competent national, international and non-governmental organisations and bodies to participate in the monitoring. The independent monitoring mechanism should be without prejudice to the monitoring of fundamental rights provided by the European Border and Coast Guard Agency’s fundamental rights monitors provided for in Regulation (EU) 2019/1896. The Member States should investigate allegations of the breach of the fundamental rights during the screening, including by ensuring that complaints are dealt with expeditiously and in an appropriate way.

deleted

Or. fr

Amendment 264

Peter Kofod, Jaak Madison, Laura Huhtasaari, Tom Vandendriessche, Nicolaus Fest, Roman Haider, Nicolas Bay, Jean-Paul Garraud, Harald Vilimsky, Annalisa Tardino

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 265

Charlie Weimers, Laura Huhtasaari

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

Or. en

Amendment 266

Charlie Weimers, Laura Huhtasaari

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(23) In order to ensure compliance with national law and agreements with third country partner states, during the screening, each Member State should put in place a mechanism monitoring the efficiency of returns and transfers to third country partner state reception centres and adequate safeguards for the independence thereof. The monitoring mechanism should cover in particular the efficiency of checks, transfers to third country partner state reception centres and returns to the last safe transit country, countries of origin or ports of origin following sea-rescue, as well as the respect for the applicable national rules and agreements with third country partner states. The Fundamental Rights Agency shall never act in a manner that interferes with national authorities during the process of screening, transfers to third country partner states or the escorting of vessels carrying migrants, instead of to Europe, to the port of origin for disembarkation.

Or. en

Amendment 267

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(23) In order to ensure compliance with EU and international law, including the Charter of Fundamental Rights, the Member States should investigate allegations of the breach of the fundamental rights during the screening, including by ensuring that complaints are dealt with expeditiously and in an appropriate way.

Or. en

Amendment 268

Tineke Strik

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(23) In order to ensure compliance with EU and international law, including the Charter of Fundamental Rights, each Member State should establish a monitoring mechanism and put in place adequate safeguards for the independence thereof. The monitoring mechanism should in particular monitor on an on-going basis all border management and border surveillance activities performed by national authorities or relevant EU agencies in its territories, compliance with the principle of non-refoulement and respect for fundamental rights in relation to the screening, asylum and return procedures. The independent monitoring mechanism shall issue recommendations to Member States and EU agencies and report annually and publicly on its findings, recommendations and measures taken to implement its recommendations. To perform its tasks in an effective manner, the monitoring mechanism should be granted unhindered access to any location or documents, which it considers relevant for fulfilling its mandate, and be able to perform periodic announced and unannounced visits. Member States should put in place adequate safeguards to guarantee the independence of the mechanism, including by ensuring that national human rights organisations, ombudspersons, independent non-governmental and civil society organisations and international organisations are part of the monitoring system. The Fundamental Rights Agency should establish guidance as to the implementation of the framework provided for in Article 7, which includes safeguards to ensure the independent functioning of such monitoring mechanism. Member States should furthermore be allowed to request the support of the Fundamental Rights Agency for developing their national monitoring mechanism. Member States should also be allowed to seek advice from the Fundamental Rights Agency with regard to establishing the methodology for this monitoring mechanism and with regard to appropriate training measures. Member States should also be allowed to invite relevant and competent national, international and non-governmental organisations and bodies to participate in the monitoring. The independent monitoring mechanism should act in synergy with and operate without prejudice to 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 the Regulation (EU) xxxx/xxxx [Schengen evaluation and monitoring mechanism Regulation]. The Member States should investigate all allegations of breaches of the fundamental rights during the screening, asylum and return procedures, including by ensuring that complaints are dealt with promptly, effectively and capable of leading to the identification and sanction of those responsible in an appropriate manner.

Or. en

Amendment 269

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(23) In order to ensure compliance with EU and international law, including the Charter of Fundamental Rights, in all operations taking place at the external borders and all procedures taking place in the context of migration, 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 border surveillance, the screening, the asylum and return procedures, 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 encouraged to request the support of the Fundamental Rights Agency for developing their national independent 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. Independent national, international and non-governmental organisations and bodies, civil society organisations and human rights defenders should participate in the creation, management and operation of the monitoring mechanism and shall be ensured adequate protection when carrying out their work. The independent monitoring mechanism should be without prejudice to the monitoring of fundamental rights provided by the European Border and Coast Guard Agency’s fundamental rights monitors provided for in Regulation (EU) 2019/1896, the 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 in addition to the possible monitoring carried out by existing national or international monitoring bodies. The Member States should ensure that national independent authorities involved in the monitoring mechanism and the mechanism itself can properly conduct their work, including by providing access to sites or documents, and by conducting investigations and providing reporting. Member States should investigate allegations of the breach of the fundamental rights, including by ensuring that complaints are dealt with expeditiously and in an appropriate way, including by the establishment of effective, proportionate and dissuasive penalties and by procedures that, in cases of breaches of the law, will lead to the identification and sanctioning of those responsible.

Or. en

Amendment 270

Tomas Tobé, Lena Düpont, Karlo Ressler, Juan Ignacio Zoido Álvarez, Elissavet Vozemberg-Vrionidi, Jeroen Lenaers

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(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 functioning of such monitoring mechanism. Member States should furthermore be allowed to request the support of the Fundamental Rights Agency for developing their national monitoring mechanism. Member States should also be allowed to seek advice from the Fundamental Rights Agency with regard to establishing the methodology for this monitoring mechanism and with regard to appropriate training measures. Member States should also be allowed to invite relevant and competent national, international and non-governmental organisations and bodies to participate in the monitoring. The independent monitoring mechanism should be without prejudice to the monitoring of fundamental rights provided by the European Border and Coast Guard Agency’s fundamental rights monitors provided for in Regulation (EU) 2019/1896. The Member States should investigate allegations of the breach of the fundamental rights during the screening, including by ensuring that complaints are dealt with expeditiously and in an appropriate way.

Or. en

Amendment 271

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Fabienne Keller, Michal Šimečka, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(23) In order to ensure compliance with EU and international law, including the Charter of Fundamental Rights, each Member State shall establish a monitoring mechanism during border surveillance, screening, all asylum and return procedures as well as in situations of crisis in the field of migration and asylum. It shall put in place adequate safeguards for the independence and effectiveness thereof, launch investigations where necessary and draw up disciplinary and dissuasive measures. The monitoring mechanism should cover in particular the respect for fundamental rights including the use of 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 shall establish general guidance as to the establishment and the independent functioning of such monitoring mechanism. Member States shall 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. Relevant and competent national, international and non-governmental organisations and bodies to participate in the monitoring. The independent monitoring mechanism should be without prejudice to the monitoring of fundamental rights provided by the European Border and Coast Guard Agency’s fundamental rights monitors provided for in Regulation (EU) 2019/1896. The Member States should investigate allegations of the breach of the fundamental rights, including by ensuring that complaints are dealt with expeditiously and independently.

Or. en

Amendment 272

Nadine Morano

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(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 assist with the monitoring. The independent monitoring mechanism should be without prejudice to the monitoring of fundamental rights provided by the European Border and Coast Guard Agency’s fundamental rights monitors provided for in Regulation (EU) 2019/1896. The Member States should investigate allegations of the breach of the fundamental rights during the screening, including by ensuring that complaints are dealt with expeditiously and in an appropriate way.

Or. fr

Amendment 273

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 23 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 274

Tineke Strik

Proposal for a regulation

Recital 23 a (new)

Text proposed by the Commission

Amendment

Or. en

Amendment 275

Jean-Paul Garraud, Nicolas Bay

Proposal for a regulation

Recital 23 a (new)

Text proposed by the Commission

Amendment

(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.

Or. fr

Amendment 276

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(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. The form, including the Annex, should have a limited retention period clearly defined and based on the principle that the data should be erased when they are no longer necessary in relation to the purposes for which they are collected or otherwise processed. The third-country national concerned, should, obtain a copy of the de-briefing form and all information relating to him or her, before this is transmitted to the relevant authorities. The copy should be also in a language that the third-country national understands and should contain all relevant information for the person to exercise their rights to rectify or supplement data or information provided during the screening procedure.

Or. en

Amendment 277

Peter Kofod, Jaak Madison, Laura Huhtasaari, Tom Vandendriessche, Nicolaus Fest, Roman Haider, Nicolas Bay, Jean-Paul Garraud, Harald Vilimsky

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

Or. en

Amendment 278

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Fabienne Keller, Michal Šimečka, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(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 the authorities competent for refusal of entry – depending on whom the individual is referred to. This should be without prejudice to the possibility of Member States to authorise third country nationals to enter and or remain on the territory for other grounds under national, Union or international law. Member States shall ensure that all third country nationals subject to the screening are duly informed by qualified and trained staff about their rights and the possibility to apply for international protection.

Or. en

Amendment 279

Tineke Strik

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(24) By the end of the screening, the authorities responsible for the screening should fill in a de-briefing form. The form should be transmitted to the authorities examining applications for international protection or to the authorities competent for return – depending on whom the individual is referred to. In order to ensure compliance, in particular, with the rights to information, access to personal data and rectification and to effective remedy, the de-briefing form should be handed over to the third-country national concerned before being transmitted to the authorities examining applications for international protection or to the authorities competent for return, and should include any possible remarks or objections raised by the person concerned as well as the reasons in law and fact explaining the choice of the authorities responsible for the screening for referring that person to the specific procedure.

Or. en

Amendment 280

Juan Ignacio Zoido Álvarez, Jeroen Lenaers

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(24) By the end of the screening, the authorities responsible for the screening should fill in a screening form. The form should be transmitted to the authorities examining applications for international protection or to the authorities competent for return – depending on whom the individual is referred to. In the former case, the authorities responsible for the screening should also indicate any elements which may seem to be relevant for determining whether the competent authorities should submit the application of the third-country national concerned to an accelerated examination procedure or to the border procedure.

Or. en

Amendment 281

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 24 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 282

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Michal Šimečka, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Recital 24 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 283

Tineke Strik

Proposal for a regulation

Recital 24 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 284

Tineke Strik

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25) The biometric data taken during the screening should, together with the data referred to in Articles [12, 13, 14 and 14a] of the Eurodac Regulation be transmitted to Eurodac by the competent authorities in accordance with the deadlines provided for in that Regulation.

deleted

Or. en

Amendment 285

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 286

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(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. 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. The preliminary health examination should be carried out by the health authorities of the Member State concerned. With regard to third-country nationals apprehended within the territory, the preliminary medical examination should be carried out where it is deemed necessary at first sight.

(26) Preliminary health examination and vulnerability checks should be carried out on all persons subject to the screening with a view to identifying persons in a vulnerable situation with special reception needs, including in need of health 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 primary consideration. The preliminary health examination should be carried out by the health authorities of the Member State concerned, by qualified medical personnel. Member States should ensure the adequate staffing both in terms of numbers of medical professionals and their specific training, in particular as they may be dealing with children and persons having suffered various traumatic events. Preliminary health and vulnerability checks that have not been completed during the screening should be promptly resumed in the subsequent appropriate procedure in which the third-country national concerned will be referred, without prejudice to the mandatory vulnerability checks to be carried out in the those procedures under Regulation (EU) No XX/XXX [Asylum and Migration Management Regulation] or Directive 2008/115 (return directive).

Or. en

Amendment 287

Peter Kofod, Jaak Madison, Laura Huhtasaari, Tom Vandendriessche, Nicolaus Fest, Roman Haider, Nicolas Bay, Jean-Paul Garraud, Harald Vilimsky, Annalisa Tardino

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

Or. en

Amendment 288

Tineke Strik

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(26) Preliminary health and vulnerability checks should be carried out on all persons subject to the screening with a view to identifying persons in a vulnerable situation, in need of health care, with special reception or procedural needs or requiring other measures to be taken, for instance isolation on public health grounds. The specific needs of minors and vulnerable persons should be a primary consideration. The preliminary health examination should be carried out by qualified medical professionals of the health authorities of the Member State concerned. Preliminary health and vulnerability checks that have not been completed during the screening should be promptly resumed in the subsequent appropriate procedure in which the third-country national concerned will be referred, without prejudice to the mandatory vulnerability checks to be carried out in the procedures under Regulation (EU) No XX/XXX [Asylum and Migration Management Regulation] or Directive 2008/115 (return directive).

Or. en

Amendment 289

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Fabienne Keller, Michal Šimečka, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(26) A preliminary health examination should be carried out on all persons submitted to the screening 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. The preliminary health examination should be carried out by the qualified health authorities of the Member State concerned.

Or. en

Amendment 290

Tomas Tobé, Lena Düpont, Karlo Ressler, Juan Ignacio Zoido Álvarez, Elissavet Vozemberg-Vrionidi, Jeroen Lenaers

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(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. With regard to third-country nationals apprehended within the territory, the preliminary medical examination should be carried out where it is deemed necessary at first sight.

Or. en

Amendment 291

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Fabienne Keller, Michal Šimečka, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Recital 26 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 292

Tomas Tobé, Lena Düpont, Karlo Ressler, Juan Ignacio Zoido Álvarez, Elissavet Vozemberg-Vrionidi, Jeroen Lenaers

Proposal for a regulation

Recital 26 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 293

Nadine Morano

Proposal for a regulation

Recital 26 a (new)

Text proposed by the Commission

Amendment

(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;

Or. fr

Justification

The recognition or rejection of minor status at the earliest stage, the screening stage, would make all subsequent procedures (asylum, return, etc.) more fluid

Amendment 294

Peter Kofod, Jaak Madison, Laura Huhtasaari, Tom Vandendriessche, Nicolaus Fest, Roman Haider, Nicolas Bay, Jean-Paul Garraud, Harald Vilimsky, Charlie Weimers

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(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 should respect human dignity, privacy, and refrain from any discriminating actions or behaviour.

deleted

Or. en

Amendment 295

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(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 should respect human dignity, privacy, and refrain from any discriminating actions or behaviour.

(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. Without prejudice to Article 14 on refusal of entry, as defined in Regulation(EU) No 2016/399, during the screening all relevant provisions of Regulation(EU) xxxx/xxxx [Asylum Procedure Regulation] and Directive 2013/33/EU [Reception Conditions Directive] apply. Particular attention should be paid to vulnerable persons, such as children, unaccompanied children, pregnant women, elderly persons, single parent families, persons with physical or mental disability, victims of trafficking in human beings, victims of torture and inhumane and degrading treatment, victims of sexual and gender-based violence, persons having suffered psychological or physical trauma persons with PTSD symptoms and stateless persons. In particular, in case of children information should be provided in a child-friendly and age appropriate manner and a, where appropriate, a representative should be appointed. All the authorities involved in the performance of the tasks related to the screening should respect human dignity, privacy, and refrain from any discriminating actions or behaviour. The “benefit of the doubt” principle in favour of the minor should always apply when a person’s age is unclear or contested, and no supporting documentation exists that proves his/her age. Age assessment procedures should only be initiated when there is a reasonable doubt that the person is not a minor and should foreground a presumption of minority, respect the best interests of the child and primarily use non-medical procedures. Under no circumstances should age assessment procedures use forced undressing or genitalia examination.

Or. en

Amendment 296

Tineke Strik

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(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 should respect human dignity, privacy, and refrain from any discriminating actions or behaviour.

(27) During the screening, all persons concerned should be guaranteed a standard of living complying with the standards and provisions of Directive (EU) xxxx/xxxx [Reception Conditions Directive] and with the Charter of Fundamental Rights of the European Union, and have access to emergency health care and essential treatment of illnesses. Particular attention should be paid to individuals in a vulnerable situation, such as minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children, victims of human trafficking, persons with serious illnesses, persons with mental disorders and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence, such as victims of female genital mutilation. In particular, in case of a minor, information should be provided in a child-friendly and age appropriate manner by properly trained personnel. The “benefit of the doubt” principle in favour of the minor should always apply when a person’s age is unclear or contested, and no supporting documentation exists that proves his/her age. All the authorities involved in the performance of the tasks related to the screening should respect human dignity, privacy, and refrain from any discriminating actions or behaviour.

Or. en

Amendment 297

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Fabienne Keller, Michal Šimečka, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(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 should respect human dignity, privacy, and refrain from any discriminating actions or behaviour.

(27) During the screening, all persons concerned shall be guaranteed a standard of living complying with the Charter of Fundamental Rights of the European Union and the same reception conditions apply during the screening as those established by Directive XXX/XXX/EU [Reception Conditions Directive recast] , including access to emergency health care and essential treatment of illnesses. Particular attention should be paid to individuals with vulnerabilities, such as listed in Article 20 of Directive(EU) XXX/XXX (Reception Conditions Directive). 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 should respect human dignity, privacy, and refrain from any discriminating actions or behaviour.

Or. en

Amendment 298

Abir Al-Sahlani, Jan-Christoph Oetjen, Dragoş Tudorache, Hilde Vautmans

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(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 should respect human dignity, privacy, and refrain from any discriminating actions or behaviour.

(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 shall respect human dignity, privacy, and refrain from any discriminating actions or behaviour.

Or. en

Amendment 299

Tomas Tobé, Lena Düpont, Karlo Ressler, Juan Ignacio Zoido Álvarez, Elissavet Vozemberg-Vrionidi, Jeroen Lenaers

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

(28) Since third-country nationals subject to the screening may not carry the necessary identity and travel documents required for the legal crossing of the external border, an identification procedure should be provided for as part of the screening.

(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 carried out for as part of the screening.

Or. en

Amendment 300

Tineke Strik

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

Or. en

Amendment 301

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

Or. en

Amendment 302

Peter Kofod, Jaak Madison, Laura Huhtasaari, Tom Vandendriessche, Nicolaus Fest, Roman Haider, Nicolas Bay, Jean-Paul Garraud, Harald Vilimsky, Annalisa Tardino, Charlie Weimers

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 303

Tineke Strik

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

(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.

_________________

25 Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA, OJ L 135, 22.5.2019, p. 27.

Or. en

Amendment 304

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

_________________

Or. en

Amendment 305

Peter Kofod, Jaak Madison, Laura Huhtasaari, Tom Vandendriessche, Nicolaus Fest, Roman Haider, Nicolas Bay, Jean-Paul Garraud, Harald Vilimsky, Annalisa Tardino

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

(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 as long as it is 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.

_________________

Or. en

Amendment 306

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Fabienne Keller, Michal Šimečka, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

(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 shall 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.

_________________

Or. en

Amendment 307

Nadine Morano

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

(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 State authorities should have access to the CIR to consult the identity data, travel document data and biometric data of that person, without the CIR providing any indication as to which EU information system the data belong to.

Or. fr

Justification

Taking into account that one of the purposes of screening is to determine whether the entry of the person poses a threat to the EU or not, knowledge of the source of the identity data may constitute relevant information

Amendment 308

Tineke Strik

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

(30) In order to verify the identity of the persons subject to the screening, a consultation of the CIR should be initiated in the presence of the person during the screening. During that consultation, the biometric data of the person should be checked against the data contained in the CIR. Where the biometric data of a person cannot be used or if a query with that data fails, the query could be carried out with identity data of the person in combination with travel document data, where such data are available. In accordance with the principles of necessity and proportionality, and where the query indicates that data on that person are stored in the CIR, Member State authorities should have access to the CIR to consult the identity data, travel document data and biometric data of that person, without the CIR providing any indication as to which EU information system the data belong to. Access to CIR by competent Member States authorities should be limited to the extent that the data are required for the performance of their tasks in accordance with those purposes, and should be proportionate to the objectives pursued.

Or. en

Amendment 309

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

Or. en

Amendment 310

Tineke Strik

Proposal for a regulation

Recital 31

Text proposed by the Commission

Amendment

(31) Since the use of the CIR for identification purposes has been limited by Regulation (EU) 2019/817 to facilitating and assisting in the correct identification of persons registered in the EES, VIS, ETIAS, Eurodac and ECRIS-TCN in situations of police checks within the territory of the Member States, that Regulation needs to be amended to provide for the additional purpose of using the CIR to identify persons during the screening established by this Regulation.

(31) Regulation 2019/817 needs to be amended to provide for the additional use of the CIR to identify persons during the screening established by this Regulation.

Or. en

Amendment 311

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 31

Text proposed by the Commission

Amendment

(31) Regulation (EU) 2019/817 needs to be amended to provide for the additional purpose of using the CIR to identify persons during the screening as established by this Regulation.

Or. en

Amendment 312

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Fabienne Keller, Michal Šimečka, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Recital 32

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 313

Peter Kofod, Jaak Madison, Laura Huhtasaari, Tom Vandendriessche, Nicolaus Fest, Roman Haider, Nicolas Bay, Jean-Paul Garraud, Harald Vilimsky, Annalisa Tardino, Charlie Weimers

Proposal for a regulation

Recital 32

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 314

Tomas Tobé, Lena Düpont, Karlo Ressler, Jeroen Lenaers

Proposal for a regulation

Recital 32 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 315

Peter Kofod, Jaak Madison, Laura Huhtasaari, Tom Vandendriessche, Nicolaus Fest, Roman Haider, Nicolas Bay, Jean-Paul Garraud, Harald Vilimsky, Annalisa Tardino, Charlie Weimers

Proposal for a regulation

Recital 33

Text proposed by the Commission

Amendment

(33) The identification of persons during border checks at the border crossing point and any consultation of the databases in the context of border surveillance or police checks in the external border area by the authorities who referred the person concerned to the screening should be considered as part of the screening and should not be repeated, unless there are special circumstances justifying such repetition.

Or. en

Amendment 316

Tineke Strik

Proposal for a regulation

Recital 33

Text proposed by the Commission

Amendment

(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. The collection of personal data, and in particular the taking of biometric data in accordance with Articles 10, 13 and 14a of Regulation (EU) xxxx/xxxx [Eurodac Regulation], should take place only once as part of the screening.

Or. en

Amendment 317

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 33

Text proposed by the Commission

Amendment

(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. The collection of personal data, and in particular the taking of biometric data in accordance with Articles 10, 13 and 14a of Regulation (EU) xxxx/xxxx [Eurodac Regulation], should take place only once as part of the screening.

Or. en

Amendment 318

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Fabienne Keller, Michal Šimečka, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Recital 33

Text proposed by the Commission

Amendment

Or. en

Amendment 319

Tineke Strik

Proposal for a regulation

Recital 34

Text proposed by the Commission

Amendment

(34) In order to ensure uniform conditions for the implementation of Articles 11(5) and 12(5) of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council26 . For the adoption of relevant implementing acts, the examination procedure should be used.

deleted

_________________

26 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing power (OJ L 55, 28.2.2011, p. 13).

Or. en

Amendment 320

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 34

Text proposed by the Commission

Amendment

deleted

_________________

Or. en

Amendment 321

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Fabienne Keller, Michal Šimečka, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Recital 34

Text proposed by the Commission

Amendment

(34) In order to ensure uniform conditions for the implementation of Articles 11(5) and 12(5) of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) should be delegated to the Commission in respect of:

- the procedure and specifications for retrieving data, processing and using data according to Article 11(5), - the procedure for cooperation between the authorities responsible for carrying out the screening, Interpol National Central Bureaux, Europol national unit, and ECRIS-TCN central authorities, respectively, to determine the risk to internal security according to Articles 12(5). It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member State' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

_________________

Or. en

Amendment 322

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

(35) The screening should also assess whether the entry of the third-country nationals into the Union could pose a threat to internal security or to public policy.

deleted

Or. en

Amendment 323

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Michal Šimečka, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

(35) The screening should also assess whether the entry of the third-country nationals into the Union could pose a threat to internal security or to public policy.

(35) The screening should also assess whether the entry of the third-country nationals into the Union could pose a threat to internal security.

Or. en

Amendment 324

Peter Kofod, Jaak Madison, Laura Huhtasaari, Tom Vandendriessche, Nicolaus Fest, Roman Haider, Nicolas Bay, Jean-Paul Garraud, Harald Vilimsky, Annalisa Tardino, Charlie Weimers

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

(35) The screening should also assess whether the entry of the third-country nationals into the Union could pose a threat to internal security or to public policy.

(35) The screening should primarily assess whether the entry of the third-country nationals into the Union could pose a threat to internal security or to public policy.

Or. en

Amendment 325

Charlie Weimers, Laura Huhtasaari

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

(35) The screening should also assess whether the entry of the third-country nationals into the Union could pose a threat to internal security or to public policy.

(35) The screening shall also assess whether the entry of the third-country nationals into the Union could pose a threat to internal security or to public policy.

Or. en

Amendment 326

Tomas Tobé, Lena Düpont, Karlo Ressler, Juan Ignacio Zoido Álvarez, Elissavet Vozemberg-Vrionidi, Jeroen Lenaers

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

(35) The screening should also assess whether the entry of the third-country nationals into the Union could pose a threat to internal security or to public policy.

(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.

Or. en

Amendment 327

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 36

Text proposed by the Commission

Amendment

(36) As the screening concerns persons present at the external border without fulfilling entry conditions, or disembarked after a search and rescue operation, the security checks as part of the screening should be at least of a similar level as the checks performed in respect of third country nationals that apply on beforehand for an authorisation to enter the Union for a short stay, whether they are under a visa obligation or not.

(36) As the screening concerns persons present at the external border who may not fulfil entry conditions, without prejudice to the right to seek international protection, the security checks as part of the screening should be, as long as they comply with the principles of necessity and proportionality, of a similar level as the checks performed in respect of third country nationals that apply on beforehand for an authorisation to enter the Union for a short stay, whether they are under a visa obligation or not. In this regard, the persons subject to screening should also have the same rights in relation to their data protection as those third-country nationals applying beforehand for an authorisation to enter the Union.

Or. en

Amendment 328

Tineke Strik

Proposal for a regulation

Recital 36

Text proposed by the Commission

Amendment

(36) The security checks as part of the screening should not go beyond the level of the checks performed in respect of third country nationals who apply beforehand for an authorisation to enter the Union for a short stay, whether they are under a visa obligation or not.

Or. en

Amendment 329

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Recital 36

Text proposed by the Commission

Amendment

(36) As the screening concerns persons present at the external border without fulfilling entry conditions, the security checks as part of the screening should be at least of a similar level as the checks performed in respect of third country nationals that apply on beforehand for an authorisation to enter the Union for a short stay, whether they are under a visa obligation or not.

Or. en

Amendment 330

Tineke Strik

Proposal for a regulation

Recital 37

Text proposed by the Commission

Amendment

(37) For third-country nationals who are on the basis of their nationality exempt from the visa requirement under Regulation (EU) 2018/1806 of the European Parliament and the Council27 , Regulation (EU) 2018/1240 of the European Parliament and of the Council28 (ETIAS Regulation) provides that they have to apply for a travel authorisation to come to the EU for short stay. Before receiving that travel authorisation, the persons concerned are submitted to security checks of the personal data they submit against a number of EU databases – the Visa Information System (VIS), the Schengen Information System (SIS), the Entry/Exit System (EES), the European Travel Information and Authorisation System (ETIAS), the Europol data processed for the purpose referred to in Article 18(2)(a) of Regulation (EU) 2016/79429 , ECRIS-TCN30 – as well as Interpol’s Stolen and Lost Travel Document database (SLTD) and Travel Documents Associated with Notices database (Interpol TDAWN).

_________________

27 Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 303, 28.11.2018, p. 39).

28 Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226 (OJ L 236, 19.9.2018, p. 1).

29 Regulation (EU) 2016/794 of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53–114)

30 Regulation (EC) 2019/816 of the European Parliament and of the Council of 17 April 2019 establishing a centralised system for the identification of Member States holding conviction information on third-country nationals and stateless persons (ECRIS-TCN) to supplement the European Criminal Records Information System and amending Regulation (EU) 2018/1726 (OJ L 135, 22.5.2019, p. 1–26)

Or. en

Amendment 331

Tineke Strik

Proposal for a regulation

Recital 38

Text proposed by the Commission

Amendment

(38) As to third-country nationals who are subject to the visa requirement under Regulation (EU) 2018/1806, they are submitted to security checks against the same databases as visa-free third country nationals, pursuant to Regulation (EU) 810/2009 and Regulation (EU) 767/2008 before a visa is issued.

(38) As to third-country nationals who are subject to the visa requirement under Regulation (EU) 2018/1806, they are submitted to security checks pursuant to Regulation (EU) 810/2009 and Regulation (EU) 767/2008 before a visa is issued.

Or. en

Amendment 332

Tineke Strik

Proposal for a regulation

Recital 39

Text proposed by the Commission

Amendment

(39) It follows from the reasoning developed in recital (36) that as regards persons subject to the screening, automated verifications for security purposes should be carried out against the same systems as is provided for applicants for a visa or for a travel authorisation under the European Travel Information and Authorisation System: the VIS, EES, ETIAS, SIS, ECRIS-TCN, Europol and Interpol’s SLTD and TDAWN. Persons submitted to the screening should also be checked against ECRIS-TCN as regards persons convicted in relation to terrorist offences and other forms of serious criminal offences, Europol data referred to in the preceding recital 38, the Interpol’s Lost and Stolen Travel Documents database and Travel Documents Associated with Notices databases (TDAWN).

deleted

Or. en

Amendment 333

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 39

Text proposed by the Commission

Amendment

(39) As regards persons subject to the screening, automated verifications for security purposes should be carried out against the VIS, EES, SIS, Europol and Interpol’s SLTD.

Or. en

Amendment 334

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 40

Text proposed by the Commission

Amendment

(40) Those checks should be conducted in a manner that ensures that only data necessary for carrying out the security checks is retrieved from those databases. With regard to persons who have requested international protection at a border crossing point, the consultation of databases for the security check as part of the screening should focus on the databases that were not consulted during the border checks at the external border, thus avoiding repeated consultations.

(40) Those checks should be conducted in a manner that ensures that only data necessary for carrying out the security checks are consulted and that does not allow for repeated consultations.

Or. en

Amendment 335

Tineke Strik

Proposal for a regulation

Recital 40

Text proposed by the Commission

Amendment

(40) Those checks should be conducted in a manner that ensures that only data necessary for carrying out the security checks are consulted and that prevents and avoids repeated consultations.

Or. en

Amendment 336

Peter Kofod, Jaak Madison, Laura Huhtasaari, Tom Vandendriessche, Nicolaus Fest, Roman Haider, Nicolas Bay, Jean-Paul Garraud, Harald Vilimsky, Charlie Weimers

Proposal for a regulation

Recital 41

Text proposed by the Commission

Amendment

(41) Where justified for the purpose of the security check, the screening could also include verification of objects in the possession of third-country nationals, in accordance with national law. Any measures applied in this context should be proportionate and should respect the human dignity of the persons subject to the screening. The authorities involved should ensure that the fundamental rights of the individuals concerned are respected, including the right to protection of personal data and freedom of expression.

(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.

Or. en

Amendment 337

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 41

Text proposed by the Commission

Amendment

(41) Where justified for the purpose of the security check, the screening could also include verification of objects in the possession of third-country nationals, in accordance with national law. Any measures applied in this context should be proportionate and should respect the human dignity of the persons subject to the screening. The authorities involved should ensure that the fundamental rights of the individuals concerned are respected, including the right to protection of personal data and freedom of expression.

(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.

Or. en

Amendment 338

Tineke Strik

Proposal for a regulation

Recital 41

Text proposed by the Commission

Amendment

(41) Where justified for the purpose of the security check, the screening could also include verification of objects in the possession of third-country nationals, in accordance with national law. Any measures applied in this context should be proportionate and should respect the human dignity of the persons subject to the screening. The authorities involved should ensure that the fundamental rights of the individuals concerned are respected, including the right to protection of personal data and freedom of expression.

Or. en

Amendment 339

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Fabienne Keller, Michal Šimečka, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Recital 41

Text proposed by the Commission

Amendment

(41) Where justified for the purpose of the security check, the screening could also include verification of objects in the possession of third-country nationals, in accordance with national law. Any measures applied in this context should be proportionate and should respect the human dignity of the persons subject to the screening. The authorities involved should ensure that the fundamental rights of the individuals concerned are respected, including the right to protection of personal data and freedom of expression.

(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.

Or. en

Amendment 340

Tineke Strik

Proposal for a regulation

Recital 42

Text proposed by the Commission

Amendment

(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 or to public 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.

deleted

Or. en

Amendment 341

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 42

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 342

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Fabienne Keller, Michal Šimečka, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Recital 42

Text proposed by the Commission

Amendment

(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, 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.

Or. en

Amendment 343

Tomas Tobé, Lena Düpont, Karlo Ressler, Juan Ignacio Zoido Álvarez, Elissavet Vozemberg-Vrionidi, Jeroen Lenaers

Proposal for a regulation

Recital 42

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 344

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 43

Text proposed by the Commission

Amendment

(43) The European search portal (ESP) established by Regulation (EU) 2019/817 should be used to carry out the searches against the European databases, EES, ETIAS, VIS and ECRIS-TCN, for identification or for the purpose of security checks, as applicable.

(43) The European search portal (ESP) established by Regulation (EU) 2019/817 should be used to carry out the searches against the EES and the VIS for identification or for the purpose of security checks, as applicable.

Or. en

Amendment 345

Tineke Strik

Proposal for a regulation

Recital 43

Text proposed by the Commission

Amendment

(43) The European search portal (ESP) established by Regulation (EU) 2019/817 should be used to carry out the searches for identification or for the purpose of security checks, as applicable.

Or. en

Amendment 346

Tineke Strik

Proposal for a regulation

Recital 44

Text proposed by the Commission

Amendment

(44) Since the effective implementation of the screening is dependent upon correct identification of the individuals concerned and of their security background, the consultation of European databases for that purpose is justified by the same objectives for which each of those databases has been established, that is to say, the effective management of the Union's external borders, the internal security of the Union and the effective implementation of the Union's asylum and return policies.

(44) The consultation of European databases for the purpose of identification and security checks should be limited to the extent strictly necessary to achieve that purpose.

Or. en

Amendment 347

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 44

Text proposed by the Commission

Amendment

(44) The consultation of European databases for the purpose of identification and security checks during the screening can be justified to the extent that it is strictly necessary for achieving that purpose and in accordance with the objectives for which each of those databases has been established.

Or. en

Amendment 348

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Fabienne Keller, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Recital 45

Text proposed by the Commission

Amendment

(45) Since the objectives of this Regulation, namely the strengthening of the control of persons who are about to enter the Schengen area and their referral to the appropriate procedures, cannot be achieved by Member States acting alone, it is necessary to establish common rules at Union level. Thus, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

(45) Since the objectives of this Regulation, namely the referral of persons who are about to enter the Schengen area to the appropriate procedures, the preliminary identification of individuals in situations of vulnerability and in need of health care, as well as those posing a threat to internal security. As this cannot be achieved by Member States acting alone, it is necessary to establish common rules at Union level. Thus, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

Or. en

Amendment 349

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Recital 45

Text proposed by the Commission

Amendment

(45) Since the objectives of this Regulation, namely the identification of persons who enter the Schengen area cannot be achieved by Member States acting alone, it is necessary to establish common rules at Union level. Thus, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

Or. en

Amendment 350

Tineke Strik

Proposal for a regulation

Recital 45

Text proposed by the Commission

Amendment

(45) Since the objectives of this Regulation, namely the identification of persons entering the Schengen area and their referral to the appropriate procedures, cannot be achieved by Member States acting alone, it is necessary to establish common rules at Union level. Thus, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

Or. en

Amendment 351

Tomas Tobé, Lena Düpont, Karlo Ressler, Jeroen Lenaers

Proposal for a regulation

Recital 45

Text proposed by the Commission

Amendment

(45) Since the objectives of this Regulation, namely the strengthening of the control of persons who seek entry to the Schengen area and their referral to the appropriate procedures, cannot be achieved by Member States acting alone, it is necessary to establish common rules at Union level. Thus, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

Or. en

Amendment 352

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 1 – title

Text proposed by the Commission

Amendment

Subject matter and scope

Subject matter

Or. it

Amendment 353

Tineke Strik

Proposal for a regulation

Article 1 – title

Text proposed by the Commission

Amendment

Subject matter and scope

Subject matter

Or. en

Amendment 354

Juan Ignacio Zoido Álvarez, Elissavet Vozemberg-Vrionidi, Loucas Fourlas

Proposal for a regulation

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

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, of those who have applied for international protection during border checks without fulfilling entry conditions, as well as those disembarked after a search and rescue operation, before they are referred to the appropriate procedure.

deleted

Or. en

Amendment 355

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

This Regulation establishes a procedure for the screening at the external borders of the Member States of all third-country nationals who are present on the territory of Member States and were not subject to checks at the Member States' external border.

Or. it

Amendment 356

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

This Regulation establishes a procedure for the screening of third-country nationals who have crossed the external border in an irregular manner, for those who have applied for international protection during border checks without fulfilling entry conditions, as well as for those disembarked after a search and rescue operation.

Or. en

Amendment 357

Tineke Strik

Proposal for a regulation

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

This Regulation establishes a screening procedure of all third-country nationals who have crossed the external border in an irregular manner, of those who have applied for international protection during border checks without fulfilling entry conditions, as well as those disembarked after a search and rescue operation, in order to refer them to the appropriate procedure.

Or. en

Amendment 358

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

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 and of those who have applied for international protection during border checks without fulfilling entry conditions before they are referred to the appropriate procedure.

Or. en

Amendment 359

Peter Kofod, Jaak Madison, Laura Huhtasaari, Tom Vandendriessche, Nicolaus Fest, Roman Haider, Nicolas Bay, Jean-Paul Garraud, Harald Vilimsky, Annalisa Tardino, Charlie Weimers

Proposal for a regulation

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

This Regulation establishes the screening at the external borders of the Member States of all third-country nationals who have crossed the external border illegally in an unauthorised manner, of those who have applied for international protection during border checks without fulfilling entry conditions, as well as those disembarked after a search and rescue operation, before they are referred to the appropriate procedure.

Or. en

Amendment 360

Juan Ignacio Zoido Álvarez, Elissavet Vozemberg-Vrionidi, Loucas Fourlas

Proposal for a regulation

Article 1 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

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.

Or. en

Justification

This amendment complements the Schengen Border Code concerning the border control, with regards to the cases of unauthorised crossings of the external borders.

Amendment 361

Jean-Paul Garraud, Nicolas Bay

Proposal for a regulation

Article premier – paragraph 1 a (new)

Text proposed by the Commission

Amendment

The purpose of this regulation should be to prevent Europe from being flooded with migrants.

Or. fr

Amendment 362

Juan Ignacio Zoido Álvarez, Elissavet Vozemberg-Vrionidi, Loucas Fourlas

Proposal for a regulation

Article 1 – paragraph 2

Text proposed by the Commission

Amendment

The purpose of the screening shall be the strengthening of the control of persons who are about to enter the Schengen area and their referral to the appropriate procedures.

deleted

Or. en

Amendment 363

Tineke Strik

Proposal for a regulation

Article 1 – paragraph 2

Text proposed by the Commission

Amendment

The purpose of the screening shall be the strengthening of the control of persons who are about to enter the Schengen area and their referral to the appropriate procedures.

deleted

Or. en

Amendment 364

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Article 1 – paragraph 2

Text proposed by the Commission

Amendment

The purpose of the screening shall be the strengthening of the control of persons who are about to enter the Schengen area and their referral to the appropriate procedures.

deleted

Or. en

Amendment 365

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Fabienne Keller, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Article 1 – paragraph 2

Text proposed by the Commission

Amendment

The purpose of the screening shall be the strengthening of the control of persons who are about to enter the Schengen area and their referral to the appropriate procedures.

The purpose of the screening shall be the referral of persons who are about to enter the Schengen area to the appropriate procedures, the preliminary identification of individuals in situations of vulnerability and in need of health care, as well as those posing a threat to internal security.

Or. en

Amendment 366

Tomas Tobé, Lena Düpont, Karlo Ressler, Juan Ignacio Zoido Álvarez, Elissavet Vozemberg-Vrionidi, Jeroen Lenaers

Proposal for a regulation

Article 1 – paragraph 2

Text proposed by the Commission

Amendment

The purpose of the screening shall be the strengthening of the control of persons who are about to enter the Schengen area and their referral to the appropriate procedures.

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.

Or. en

Amendment 367

Juan Ignacio Zoido Álvarez, Elissavet Vozemberg-Vrionidi, Loucas Fourlas

Proposal for a regulation

Article 1 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

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

Or. en

Justification

Screening applies to persons who are already within the territory.

Amendment 368

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Article 1 – paragraph 3

Text proposed by the Commission

Amendment

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, where appropriate, to identify persons vulnerable and in the need of health care as well the ones posing a threat to public health. Those checks shall contribute to referring such persons to the appropriate procedure.

The purpose of the screening shall be to seek to identify all third-country nationals subject to it and to verify whether the persons subject to it are registered in any of the relevant databases. The screening shall also include mandatory health and vulnerability checks to begin the process of identifying vulnerable persons, those with special reception or procedural needs, and those in need of health care, as well as persons possibly posing a threat to public health.

Or. en

Amendment 369

Tineke Strik

Proposal for a regulation

Article 1 – paragraph 3

Text proposed by the Commission

Amendment

The purpose of the screening shall be to identify all third-country nationals subject to it, and to verify whether the persons subject to it pose a threat to internal security. The screening shall also entail mandatory health checks to identify persons in a vulnerable situation, those with special reception or procedural needs, and those in need of health care, as well the ones posing a threat to public health.

Or. en

Amendment 370

Juan Ignacio Zoido Álvarez, Elissavet Vozemberg-Vrionidi, Loucas Fourlas

Proposal for a regulation

Article 1 – paragraph 3

Text proposed by the Commission

Amendment

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 do not pose a security risk. The screening shall also entail health checks, where appropriate, to identify persons in the need of immediate health care and the ones posing a threat to public health, as well as vulnerability checks to identify vulnerable persons. Those checks shall contribute to referring such persons to the appropriate procedure.

Or. en

Amendment 371

Peter Kofod, Jaak Madison, Laura Huhtasaari, Tom Vandendriessche, Nicolaus Fest, Roman Haider, Nicolas Bay, Jean-Paul Garraud, Harald Vilimsky, Annalisa Tardino, Charlie Weimers

Proposal for a regulation

Article 1 – paragraph 3

Text proposed by the Commission

Amendment

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 include health checks, to identify persons posing a threat to public health, and where appropriate, persons vulnerable and in the need of health care. Those checks shall contribute to referring such persons to the appropriate procedure.

Or. en

Amendment 372

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 1 – paragraph 3

Text proposed by the Commission

Amendment

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 risk to security. The screening shall also entail health checks, where appropriate, to identify persons and in the need of health care and the ones posing a threat to public health, along with checks to identify vulnerable persons. Those checks shall contribute to referring such persons to the appropriate procedure.

Or. it

Amendment 373

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Fabienne Keller, Michal Šimečka, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Article 1 – paragraph 3

Text proposed by the Commission

Amendment

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, to identify persons vulnerable and those with specific reception or procedural needs, and in the need of health care as well the ones posing a threat to public health. Those checks shall contribute to referring such persons to the appropriate procedure.

Or. en

Amendment 374

Tomas Tobé, Lena Düpont, Karlo Ressler, Juan Ignacio Zoido Álvarez, Elissavet Vozemberg-Vrionidi, Jeroen Lenaers

Proposal for a regulation

Article 1 – paragraph 3

Text proposed by the Commission

Amendment

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 or national security or public order or policy. The screening shall also entail health checks, where appropriate, to identify persons vulnerable and in the need of health care as well the ones posing a threat to public health. Those checks shall contribute to referring such persons to the appropriate procedure.

Or. en

Amendment 375

Nadine Morano

Proposal for a regulation

Article premier – paragraph 3

Text proposed by the Commission

Amendment

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 in the need of health care as well the ones posing a threat to public health. Those checks shall contribute to referring such persons to the appropriate procedure.

Or. fr

Amendment 376

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Michal Šimečka, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Article 1 – paragraph 4

Text proposed by the Commission

Amendment

The screening shall also be carried out within the territory of the Member States where there is no indication that third-country nationals have been subject to controls at external borders.

deleted

Or. en

Amendment 377

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Article 1 – paragraph 4

Text proposed by the Commission

Amendment

The screening shall also be carried out within the territory of the Member States where there is no indication that third-country nationals have been subject to controls at external borders.

deleted

Or. en

Amendment 378

Tineke Strik

Proposal for a regulation

Article 1 – paragraph 4

Text proposed by the Commission

Amendment

The screening shall also be carried out within the territory of the Member States where there is no indication that third-country nationals have been subject to controls at external borders.

deleted

Or. en

Amendment 379

Jean-Paul Garraud, Nicolas Bay

Proposal for a regulation

Article premier – paragraph 4

Text proposed by the Commission

Amendment

The screening shall also be carried out within the territory of the Member States where there is no indication that third-country nationals have been subject to controls at external borders.

Screening may also be carried out within the territory of the Member States even when third-country nationals have already been subject to controls.

Or. fr

Amendment 380

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Article 1 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 381

Tineke Strik

Proposal for a regulation

Article 1 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

Or. en

Amendment 382

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Article 2 – paragraph 1 – point 1

Text proposed by the Commission

Amendment

1. ‘unauthorised crossing of the external border’ means crossing of an external border of a Member State by land, sea or air, at places other than border crossing points or at times other than the fixed opening hours, as referred to in Article 5(3) of Regulation (EU) 2016/399;

deleted

Or. en

Amendment 383

Tineke Strik

Proposal for a regulation

Article 2 – paragraph 1 – point 1

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 384

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Article 2 – paragraph 1 – point 2 a (new)

Text proposed by the Commission

Amendment

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;

Or. en

Amendment 385

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Article 2 – paragraph 1 – point 4 a (new)

Text proposed by the Commission

Amendment

4 a. ‘biometric data’ means fingerprint data for the purposes of this Regulation;

Or. en

Amendment 386

Tineke Strik

Proposal for a regulation

Article 2 – paragraph 1 – point 5 a (new)

Text proposed by the Commission

Amendment

5 a. ‘biometric data’ means fingerprint data for the purposes of this Regulation;

Or. en

Amendment 387

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 2 – paragraph 1 – point 5 a (new)

Text proposed by the Commission

Amendment

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;

Or. en

Amendment 388

Nadine Morano

Proposal for a regulation

Article 2 – paragraph 1 – point 5 a (new)

Text proposed by the Commission

Amendment

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;

Or. fr

Amendment 389

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Fabienne Keller, Michal Šimečka, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Article 2 – paragraph 1 – point 5 a (new)

Text proposed by the Commission

Amendment

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;

Or. en

Amendment 390

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Article 2 – paragraph 1 – point 5 a (new)

Text proposed by the Commission

Amendment

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;

Or. en

Amendment 391

Tineke Strik

Proposal for a regulation

Article 2 – paragraph 1 – point 5 b (new)

Text proposed by the Commission

Amendment

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;

Or. en

Amendment 392

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Article 2 – paragraph 1 – point 5 b (new)

Text proposed by the Commission

Amendment

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;

Or. en

Amendment 393

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Fabienne Keller, Michal Šimečka, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Article 2 – paragraph 1 – point 5 b (new)

Text proposed by the Commission

Amendment

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];

Or. en

Amendment 394

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Fabienne Keller, Michal Šimečka, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Article 2 – paragraph 1 – point 5 c (new)

Text proposed by the Commission

Amendment

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);

Or. en

Amendment 395

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Article 2 – paragraph 1 – point 5 c (new)

Text proposed by the Commission

Amendment

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;

Or. en

Amendment 396

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Article 2 – paragraph 1 – point 5 d (new)

Text proposed by the Commission

Amendment

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;

Or. en

Amendment 397

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Article 2 – paragraph 1 – point 5 e (new)

Text proposed by the Commission

Amendment

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;

Or. en

Amendment 398

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Article 3 – title

Text proposed by the Commission

Amendment

Screening at the external border

Scope

Or. en

Amendment 399

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 3 – title

Text proposed by the Commission

Amendment

Screening at the external border

Area of Application

Or. it

Amendment 400

Tineke Strik

Proposal for a regulation

Article 3 – title

Text proposed by the Commission

Amendment

Screening at the external border

Screening

Or. en

Amendment 401

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Fabienne Keller, Michal Šimečka, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Article 3 – title

Text proposed by the Commission

Amendment

Screening at the external border

Screening

Or. en

Amendment 402

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 3 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. This Regulation shall apply to all third-country nationals who:

1. This Regulation shall apply to all third-country nationals, irrespective of whether they have applied for international protection, who:

Or. it

Amendment 403

Juan Ignacio Zoido Álvarez, Elissavet Vozemberg-Vrionidi, Loucas Fourlas

Proposal for a regulation

Article 3 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. This Regulation shall apply to all third-country nationals who:

1. This Regulation shall apply to all third-country nationals, regardless of whether they have made an application for international protection, who:

Or. en

Amendment 404

Charlie Weimers, Laura Huhtasaari

Proposal for a regulation

Article 3 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(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 is not required to take the biometric data pursuant to Article 14(1) and (3) of Regulation (EU) 603/2013 for reasons other than their age, or

(a) are apprehended in connection with an unauthorised crossing of the external border of a Member State by land, sea or air

Or. en

Amendment 405

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Article 3 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) are apprehended in connection with an irregular crossing of the external borders of a Member State by land, sea or air, except third country nationals for whom, for reasons other than their age, the Member State is not required to take the biometric data pursuant to Article 14(1) and (3) of Regulation (EU) 603/2013, or

Or. en

Amendment 406

Tineke Strik

Proposal for a regulation

Article 3 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) are apprehended in connection with an irregular crossing of the external border of a Member State by land, sea or air, except third country nationals for whom the Member State is not required to take the biometric data pursuant to Article 14(1) and (3) of Regulation (EU) 603/2013 for reasons other than their age, or

Or. en

Amendment 407

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 3 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) are disembarked in the territory of a Member State following a search and rescue operation.

deleted

Or. en

Amendment 408

Jean-Paul Garraud, Nicolas Bay

Proposal for a regulation

Article 3 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) are disembarked in the territory of a Member State following a search and rescue operation.

(b) are disembarked in the territory of a Member State by NGOs.

Or. fr

Amendment 409

Charlie Weimers, Laura Huhtasaari

Proposal for a regulation

Article 3 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) are disembarked in the territory of a Member State following a search and rescue operation.

(b) should be returned to the port of origin but are instead disembarked in the territory of a Member State following a search and rescue operation.

Or. en

Amendment 410

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 3 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) are disembarked in the territory of a Member State following a search and rescue operation.

(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.

Or. it

Amendment 411

Juan Ignacio Zoido Álvarez, Elissavet Vozemberg-Vrionidi, Loucas Fourlas

Proposal for a regulation

Article 3 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) are disembarked in the territory of a Member State following a search and rescue operation.

(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.

Or. en

Amendment 412

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 3 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

The screening shall apply to those persons regardless of whether they have applied for international protection.

deleted

Or. it

Amendment 413

Juan Ignacio Zoido Álvarez, Elissavet Vozemberg-Vrionidi, Loucas Fourlas

Proposal for a regulation

Article 3 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

The screening shall apply to those persons regardless of whether they have applied for international protection.

deleted

Or. en

Amendment 414

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 3 – paragraph 2

Text proposed by the Commission

Amendment

2. The screening shall also apply to all third-country nationals who apply 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.

deleted

Or. it

Amendment 415

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Article 3 – paragraph 2

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 416

Nadine Morano

Proposal for a regulation

Article 3 – paragraph 3

Text proposed by the Commission

Amendment

3. The screening is without prejudice to the application of Article 6(5) of Regulation (EU) 2016/399, except the situation where the beneficiary of an individual decision issued by the Member State based on Article 6(5)(c) of that Regulation is seeking international protection.

3. The screening shall also apply to persons covered by Article 6(5) of Regulation (EU) 2016/399.

Or. fr

Amendment 417

Tineke Strik

Proposal for a regulation

Article 3 – paragraph 3

Text proposed by the Commission

Amendment

3. The screening is without prejudice to the application of Article 6(5) of Regulation (EU) 2016/399.

Or. en

Amendment 418

Juan Ignacio Zoido Álvarez, Elissavet Vozemberg-Vrionidi, Loucas Fourlas

Proposal for a regulation

Article 3 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3 a. This regulation shall also apply to third-country nationals illegally staying 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 and that they have already been subjected to screening in a Member State.

Or. en

Amendment 419

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Article 3 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 420

Juan Ignacio Zoido Álvarez, Jeroen Lenaers

Proposal for a regulation

Article 3 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

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.

Or. en

Justification

EES Regulation provide for access by the immigration authorities to check whether the Third Country National fulfills the conditions for entry to and stay on the territory of the Member State.

Amendment 421

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Article 4

Text proposed by the Commission

Amendment

Article 4

deleted

Authorisation to enter the territory of a Member State

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.

2. Where it becomes apparent during the screening that the third-country national concerned fulfils the entry conditions set out in Article 6 of Regulation (EU) 2016/399, the screening shall be discontinued and the third-country national concerned shall be authorised to enter the territory, without prejudice to the application of penalties as referred to in Article 5(3) of that Regulation.

Or. en

Amendment 422

Juan Ignacio Zoido Álvarez, Elissavet Vozemberg-Vrionidi, Loucas Fourlas

Proposal for a regulation

Article 4 – title

Text proposed by the Commission

Amendment

4 Authorisation to enter the territory of a Member State

4 Obligations of third country nationals subject to screening

Or. en

Amendment 423

Tineke Strik

Proposal for a regulation

Article 4 – title

Text proposed by the Commission

Amendment

Authorisation to enter the territory of a Member State

Authorisation to enter and remain in the territory of a Member State

Or. en

Amendment 424

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

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.

deleted

Or. en

Amendment 425

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

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.

1. Third-country citizens subject to screening shall, for the duration of the procedure, remain at the disposal of the determining authorities in the places referred to in Article 6(1). Member States shall lay down provisions to this effect in their national legislation with a view to completing the necessary checks.

Or. it

Amendment 426

Nadine Morano

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

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.

1. During the screening, the persons referred to in Article 3 shall not be authorised to enter the territory of a Member State.

Or. fr

Amendment 427

Tineke Strik

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

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.

1. During the screening, the persons referred to in Article 3, paragraphs 1 and 2 shall be provided with adequate accommodation and access to appropriate services and be authorised to remain in the territory of a Member State.

Or. en

Amendment 428

Peter Kofod, Jaak Madison, Laura Huhtasaari, Tom Vandendriessche, Nicolaus Fest, Roman Haider, Nicolas Bay, Jean-Paul Garraud, Harald Vilimsky, Annalisa Tardino, Charlie Weimers

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

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.

1. During the screening, the persons referred to in Article 3, paragraphs 1 and 2 shall in no circumstances be authorised to enter the territory of a Member State.

Or. en

Amendment 429

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Fabienne Keller, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

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.

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).

Or. en

Amendment 430

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

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.

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. This should apply accordingly to persons referred to in Article 5.

Or. en

Amendment 431

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Abir Al-Sahlani, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Article 4 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1 a. While the persons referred to in Article 3 must remain available to the authorities carrying out the screening, they shall not be detained for the sole reason of undergoing screening. Member States should first consider measures to restrict the freedom of movement of those persons as provided in Article 7 of Directive XXX/XXX/EU [Reception Conditions Directive recast], or should have recourse to other alternatives to detention. Such alternatives should be available both in law and in fact at national level and may be provided, in particular, for applicants with special reception needs, in particular for families with children or other vulnerable persons. Member State can only decide to hold an applicant in detention until it has individually assessed that applicant’s case and effectively considered alternatives to detention or less coercive measures, and on no other grounds than in accordance with Directive (EU) XXX/XXX [Reception Conditions Directive recast]. Such decisions should be subject to judicial oversight. The responsible authorities should consider alternatives to detention, in particular for minors and applicants with specific vulnerabilities. Where possible, minors should be accommodated in non-custodial community-based placements while their immigration status is being resolved. Unaccompanied minors and children with families shall never be detained and shall be placed in appropriate alternative care settings in the national child protection system in line with their best interests and taking into account their views.

Or. en

Amendment 432

Juan Ignacio Zoido Álvarez, Elissavet Vozemberg-Vrionidi, Loucas Fourlas

Proposal for a regulation

Article 4 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 433

Tineke Strik

Proposal for a regulation

Article 4 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 434

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 4 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1 a. Persons referred to in paragraph 1 may be detained for the purpose of preventing entry into the territory of the Member State.

Or. en

Amendment 435

Laura Ferrara, Sabrina Pignedoli

Proposal for a regulation

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

deleted

Or. it

Amendment 436

Tineke Strik

Proposal for a regulation

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

Or. en

Amendment 437

Juan Ignacio Zoido Álvarez, Elissavet Vozemberg-Vrionidi, Loucas Fourlas

Proposal for a regulation

Article 4 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 438

Juan Ignacio Zoido Álvarez, Elissavet Vozemberg-Vrionidi, Loucas Fourlas

Proposal for a regulation

Article 4 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

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)

Or. en

Amendment 439

Pernando Barrena Arza, Konstantinos Arvanitis, Cornelia Ernst, Sira Rego, Miguel Urbán Crespo, Anne-Sophie Pelletier

on behalf of the The Left Group

Proposal for a regulation

Article 5

Text proposed by the Commission

Amendment

Article 5

deleted

Screening within the territory

Or. en

Amendment 440

Tineke Strik

Proposal for a regulation

Article 5

Text proposed by the Commission

Amendment

Article 5

deleted

Screening within the territory

Or. en

Amendment 441

Jan-Christoph Oetjen, Moritz Körner, Dragoş Tudorache, Hilde Vautmans, Malik Azmani, Sophia in 't Veld

Proposal for a regulation

Article 5

Text proposed by the Commission

Amendment

Article 5

deleted

Screening within the territory

Or. en

Amendment 442

Juan Ignacio Zoido Álvarez, Elissavet Vozemberg-Vrionidi, Loucas Fourlas

Proposal for a regulation

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

deleted

Or. en

Justification

Inserted in art. 3.

Amendment 443

Balázs Hidvéghi, Loránt Vincze

Proposal for a regulation

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 444

Tomas Tobé, Lena Düpont, Karlo Ressler, Juan Ignacio Zoido Álvarez, Elissavet Vozemberg-Vrionidi, Jeroen Lenaers

Proposal for a regulation

Article 5 – paragraph 1 – subparagraph 1 (new)

Text proposed by the Commission

Amendment

The third-country national are required to carry a travel document with an entry stamp in accordance with Article 12 of Regulation (EU) 2016/399. The absence of such entry stamp shall be indicative with the third-country national having entered the European Union in an unauthorised manner, for whom the screening applies.

Or. en