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

On the proposal for a regulation of the European Parliament and of the Council introducing a screening of third-country nationals at the external borders and amending Regulations (EC) No 767/2008, (EU) 2017/2226, (EU) 2018/1240 and (EU) 2019/817

LIBE-PR-700425

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

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This is the rapporteur's draft report on the proposed regulation introducing a screening of third-country nationals at the external borders. It proposes amendments to the Commission proposal, including deleting the screening within the territory and the extension of the five-day deadline. The draft report makes health and vulnerability checks mandatory, adds special guarantees for unaccompanied minors, and requires that applicants for international protection be authorised to enter the territory. It strengthens the fundamental rights monitoring mechanism, requires Member States to penalise failures to respect fundamental rights, and provides that the person concerned receives a copy of the de-briefing form. It deletes provisions granting blanket access rights to databases other than the Common Identity Repository and the Schengen Information System.

Committee position. The rapporteur proposes to amend the Commission proposal to create an efficient, speedy procedure that fully respects fundamental rights, ensures legal certainty and strengthens the fundamental rights monitoring mechanism. She deletes the screening within the territory, the extension of the five-day deadline, and blanket access rights to databases other than the Common Identity Repository and the Schengen Information System.

Key points

  1. The screening applies to third-country nationals who cross the external border irregularly, who apply for international protection at border crossing points without fulfilling entry conditions, or who are disembarked after search and rescue operations.
  2. The screening may be conducted at any appropriate location within the territory of a Member State, including at or in proximity to the external borders, and must be completed within five days.
  3. The screening includes a preliminary health check, a vulnerability check, identification or verification of identity, registration of biometric data, a security check, and referral to the appropriate procedure or refusal of entry.
  4. Persons who have applied for international protection are authorised to enter the territory of a Member State, and the Reception Conditions Directive applies from the moment they make their application.
  5. Member States must ensure a standard of living that guarantees subsistence, protects physical and mental health, and respects rights under the Charter of Fundamental Rights.
  6. Special guarantees for unaccompanied minors include the appointment of a representative as soon as possible, who must have the necessary expertise and represent a proportionate and limited number of minors, normally no more than thirty.
  7. Member States must establish an independent monitoring mechanism for fundamental rights, involving national human rights institutions, ombudspersons, international organisations or non-governmental organisations, and must penalise failures to respect fundamental rights.
  8. The monitoring mechanism covers border surveillance, the screening, asylum and return procedures, and must have access to all relevant locations, individuals and documents.
  9. Information about the screening must be provided in a language the person understands, in writing in a concise and easily accessible form, and orally where necessary, taking into account age and gender.
  10. The de-briefing form must include information on vulnerability or special reception or procedural needs, whether the person applied for international protection, and family members or relatives in the Member States.
  11. The person concerned must receive a copy of the de-briefing form at the same time as it is transmitted to the relevant authorities.
  12. The Commission is empowered to adopt delegated acts to specify cooperation between authorities responsible for the screening and other competent authorities to determine a threat to internal security.

Who is affected

  • Third-country nationals and stateless persons who cross the external border irregularly, apply for international protection at border crossing points without fulfilling entry conditions, or are disembarked after search and rescue operations.
  • Applicants for international protection, who are authorised to enter the territory and to whom the Reception Conditions Directive applies from the moment of application.
  • Unaccompanied minors, who must be appointed a representative as soon as possible.
  • Member States, which must designate competent authorities, ensure appropriate training, and establish an independent fundamental rights monitoring mechanism.

Figures and deadlines

  • The screening must be completed within five days from apprehension, disembarkation or presentation at the border crossing point.
  • A representative must be in charge of no more than thirty unaccompanied minors at the same time under normal circumstances.
  • The power to adopt delegated acts is conferred for a period of three years from the date of entry into force of the Regulation.

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