### (55) this regulation respects fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union. ### (55) this regulation respects fundamental rights including the right of sovereign states to erect border barriers and conduct border controls in line with national legal provisions.


### 1. grants the director of the european union agency for fundamental rights discharge in respect of the implementation of the agency’s budget for the financial year 2020 / postpones its decision on granting the director of the european union agency for fundamental rights discharge in respect of the implementation of the agency’s budget for the financial year 2020; ### 1. postpones its decision on granting the director of the european union agency for fundamental rights discharge in respect of the implementation of the agency’s budget for the financial year 2020;


### 3. underlines the important role of fra in helping to ensure that the fundamental rights of people living in the union are promoted and protected; recalls the importance of fra in promoting a reflection on security and fundamental rights; highlights , in particular , the value of fra’s studies and opinions for the development and implementation of union law; ### deleted


### 3. underlines the important role of fra in helping to ensure that the fundamental rights of people living in the union are promoted and protected; recalls the importance of fra in promoting a reflection on security and fundamental rights; highlights , in particular , the value of fra’s studies and opinions for the development and implementation of union law; ### 3. calls into question the role of fra and disputes the added value of fra’s studies and opinions;


### 5. welcomes the extension of fra’s fundamental rights advice to other union agencies , especially in assisting the european border and coast guard agency (‘frontex’) with the deployment of 40 fundamental rights monitors across its operations. ### 5. regrets the extension of fra’s fundamental rights advice to other union agencies , especially the deployment of fundamental rights monitors to impede and hamper pushback and migration mitigation efforts; rejects this politically motivated effort to turn the european border and coast guard agency (‘frontex’) into a welcoming bed and blankets operation;


### 1. grants the executive director of the european union agency for asylum discharge in respect of the implementation of the budget of the european asylum support office for the financial year 2020 / postpones its decision on granting the executive director of the european union agency for asylum discharge in respect of the implementation of the budget of the european asylum support office for the financial year 2020; ### 1. postpones its decision on granting the executive director of the european union agency for asylum discharge in respect of the implementation of the budget of the european asylum support office for the financial year 2020;


### 3. recalls that in carrying out its operations , the office is relatively dependent on member states’ cooperation; calls on member states to comply with their obligations as regards national experts in order to avoid the need for the office to rely on external contractors; ### 3. recalls that in carrying out its operations , the office is dependent on external consultants as member states’ are not prioritizing the secondment of national experts; calls on the legislators to consider whether an agency member states are not interested in is really worth it;


### 4. recalls the important role that easo fulfils in the eu asylum policy framework , assisting requesting member states with valuable expertise and resources on the matter; welcomes the signature of a new operational support plan with spain in 2020 , bringing the total number of countries assisted by the office to eight; ### 4. rejects the ambition to have the office fulfil an important role in the eu asylum policy framework , questions the added value of the office for member states; considers an exchange of best practices between member states preferable over the establishment of new union agencies;


### member states and europol shall observe common technical specifications in connection with all requests and answers related to searches and comparisons of dna profiles , dactyloscopic data , vehicle registration data , facial images and police records. the commission shall adopt implementing acts to specify these technical specifications in accordance with the procedure referred to in article 76(2). ### member states and europol shall observe common technical specifications in connection with all requests and answers related to searches and comparisons of dna profiles , dactyloscopic data , vehicle registration data and police records. the commission shall adopt implementing acts to specify these technical specifications in accordance with the procedure referred to in article 76(2).


### 1. member states shall take all necessary measures to ensure that automated searching or comparison of dna profiles , dactyloscopic data , vehicle registration data , facial images and police records is possible 24 hours a day and seven days a week. ### 1. member states shall take all necessary measures to ensure that automated searching or comparison of dna profiles , dactyloscopic data , vehicle registration data and police records is possible 24 hours a day and seven days a week.


### the use of the router shall be reserved to the member states’ authorities that have access to the exchange of dna profiles , dactyloscopic data and facial images , and europol in accordance with this regulation and regulation (eu) 2016/794. ### the use of the router shall be reserved to the member states’ authorities that have access to the exchange of dna profiles and dactyloscopic data , and europol in accordance with this regulation and regulation (eu) 2016/794.


### establish whether the compared dna profiles , dactyloscopic data , vehicle registration data , facial images and police records match; ### establish whether the compared dna profiles , dactyloscopic data , vehicle registration data and police records match;


### 2. costs incurred in connection with the integration of the existing national infrastructures and their connections to the router and epris as well as costs incurred in connection with the establishment of national facial images databases and police national indexes for the prevention , detection and investigation of criminal offences shall be borne by the general budget of the union. ### 2. costs incurred in connection with the integration of the existing national infrastructures and their connections to the router and epris as well as costs incurred in connection with the establishment of police national indexes for the prevention , detection and investigation of criminal offences shall be borne by the general budget of the union.


### (5) this regulation should lay down the conditions and procedures for the automated transfer of dna profiles , dactyloscopic data , vehicle registration data , facial images and police records. this should be without prejudice to the processing of any of these data in the schengen information system (sis) or the exchange of supplementary information related to them via the sirene bureaux or to the rights of individuals whose data is processed therein. ### (5) this regulation should lay down the conditions and procedures for the automated transfer of dna profiles , dactyloscopic data , vehicle registration data and police records. this should be without prejudice to the processing of any of these data in the schengen information system (sis) or the exchange of supplementary information related to them via the sirene bureaux or to the rights of individuals whose data is processed therein.


### (7) by providing for the automated search or comparison of dna profiles , dactyloscopic data , vehicle registration data , facial images and police records , the purpose of this regulation is also to allow for the search of missing persons and unidentified human remains. this should be without prejudice to the entry of sis alerts on missing persons and the exchange of supplementary information on such alerts under regulation (eu) 2018/1862 of the european parliament and of the council.33 ### (7) by providing for the automated search or comparison of dna profiles , dactyloscopic data , vehicle registration data and police records , the purpose of this regulation is also to allow for the search of missing persons and unidentified human remains. this should be without prejudice to the entry of sis alerts on missing persons and the exchange of supplementary information on such alerts under regulation (eu) 2018/1862 of the european parliament and of the council33.


### (10) the identification of a criminal is essential for a successful criminal investigation and prosecution. the automated searching of facial images of suspects and convicted criminals should provide for additional information for successfully identifying criminals and fighting crime. ### (10) the identification of a criminal is essential for a successful criminal investigation and prosecution.


### (11) the automated search or comparison of biometric data (dna profiles , dactyloscopic data and facial images) between authorities responsible for the prevention , detection and investigation of criminal offences under this regulation should only concern data contained in databases established for the prevention , detection and investigation of criminal offences. ### (11) the automated search or comparison of biometric data (dna profiles and dactyloscopic data) between authorities responsible for the prevention , detection and investigation of criminal offences under this regulation should only concern data contained in databases established for the prevention , detection and investigation of criminal offences.


### this regulation lays down the conditions and procedures for the automated searching of dna profiles , dactyloscopic data , facial images , police records and certain vehicle registration data and the rules regarding the exchange of core data following a match. ### this regulation lays down the conditions and procedures for the searching of dna profiles , dactyloscopic data , police records and certain vehicle registration data and the rules regarding the exchange of core data following a match.


### this regulation applies to the national databases used for the automated transfer of the categories of dna profiles , dactyloscopic data , facial images , police records and certain vehicle registration data. ### this regulation applies to the national databases used for the transfer of the categories of dna profiles , dactyloscopic data , police records and certain vehicle registration data.


### (10) ‘facial image’ means digital image of the face; ### deleted


### (11) ‘biometric data’ means dna profiles , dactyloscopic data or facial images; ### (11) 'biometric data' means dna profiles and dactyloscopic data;


### [...] ### deleted


### article 21 ### deleted


### article 22 ### deleted


### article 23 ### deleted


### article 24 ### deleted


### 1. this regulation addresses situations of crisis and force majeure in the field of migration and asylum within the union and provides for specific rules derogating from those set out in regulations (eu) xxx/xxx [asylum and migration management] and (eu) xxx/xxx [asylum procedures regulation] and in directive xxx [recast return directive]. ### 1. this regulation addresses the extraordinary regulation of situations of crisis and force majeure in the field of immigration and asylum within the union and provides for specific rules derogating from those set out in regulations (eu) xxx/xxx [asylum and migration management] and (eu) xxx/xxx [asylum procedures regulation] and in directive xxx [recast return directive].


### an exceptional situation of mass influx of third-country nationals or stateless persons arriving irregularly in a member state or disembarked on its territory following search and rescue operations , being of such a scale , in proportion to the population and gdp of the member state concerned , and nature , that it renders the member state’s asylum , reception or return system non-functional and can have serious consequences for the functioning the common european asylum system or the common framework as set out in regulation (eu) xxx/xxx [asylum and migration management] , or ### an exceptional situation of mass influx of third-country nationals or stateless persons arriving in or disembarking on the territory of a member state illegally , being of such a scale , in proportion to the population and gdp of the member state concerned and the number of registered illegal arrivals in the year immediately prior to that one , and nature , that it renders the member state’s regular asylum , reception or return system at local , regional and/or national level non-functional and can have serious consequences for the functioning of the common european asylum system or the common framework as set out in regulation (eu) xxx/xxx [asylum and migration management] , or


### an exceptional situation of mass influx of third-country nationals or stateless persons arriving irregularly in a member state or disembarked on its territory following search and rescue operations , being of such a scale , in proportion to the population and gdp of the member state concerned , and nature , that it renders the member state’s asylum , reception or return system non-functional and can have serious consequences for the functioning the common european asylum system or the common framework as set out in regulation (eu) xxx/xxx [asylum and migration management] , or ### an exceptional situation of mass influx of third-country nationals or stateless persons arriving irregularly in a member state , being of such a scale , in proportion to the population and gdp of the member state concerned , and nature , that it renders the member state’s asylum , reception or return system non-functional and can have serious consequences for the functioning the common european asylum system or the common framework as set out in regulation (eu) xxx/xxx [asylum and migration management] , or


### an imminent risk of such a situation. ### deleted


### ii solidarity mechanism ### ii voluntary contribution mechanism


### solidarity in situations of crisis ### voluntary contributions in situations of crisis


### 1. for the purpose of providing solidarity contributions for the benefit of a member state in situations of crisis as set out in article 1(2)(a) , part iv of regulation (eu) xxx/xxx [asylum and migration management] shall apply mutatis mutandis , with the exception of article 45(1) , point (d) , article 47 , article 48 , article 49 , article 51(3)(b)(iii) and (4) , article 52(2) and (5) and article 53(2) , second and third subparagraphs. ### 1. for the purpose of providing voluntary contributions for the benefit of a member state in situations of crisis as set out in article 1(2)(a) , part iv of regulation (eu) xxx/xxx [asylum and migration management] shall apply mutatis mutandis , with the exception of article 45(1) , point (d) , article 47 , article 48 , article 49 , article 51(3)(b)(iii) and (4) , article 52(2) and (5) and article 53(2) , second and third subparagraphs.


### 5. by way of derogation from article 51(3)(b)(ii) , article 52(1) and 52(3) first sub-paragraph and article 53(3)(a) of regulation (eu) xxx/xxx [asylum and migration management] , relocation shall include not only persons referred to in points (a) and (c) of article 45(1) of that regulation , but also persons referred to in points (a) and (b) of article 45(2). ### deleted


### 6. by way of derogation from article 54 of regulation (eu) xxx/xxx [asylum and migration management] , the share calculated in accordance with the formula set out in that article shall also apply to measures set out in article 45(2) , points (a) and (b) of that regulation. ### deleted


### 7. by way of derogation from article 55(2) of regulation (eu) xxx/xxx [asylum and migration management] , the deadline set therein shall be set at four months. ### deleted


### 2. where , on the basis of the examination carried out in accordance with paragraph 8 , the commission considers such a request justified , it shall , by means of an implementing decision , authorise the member state concerned to apply the derogatory rules laid down in articles 4 , 5 or 6. ### 2. once the member state’s request has been received , and unless the commission provides sufficient evidence to indicate that the request is unjustified , the member state concerned shall be authorised , by means of a commission implementing decision , to apply the derogatory rules laid down in articles 4 , 5 or 6.


### 3. the implementing decision referred to in paragraph 2 shall be adopted within ten days from the request and shall set the date from which the rules laid down in articles 4 , 5 or 6 may be applied , as well as the time period for their application. ### 3. the implementing decision referred to in paragraph 2 shall be duly adopted and notified within ten days from the request and shall set the date from which the rules laid down in articles 4 , 5 or 6 may be applied , as well as the time period for their application.


### 4. the commission may authorise the application of the rules laid down in articles 4 and 5 for six months. that period may be extended for a period not exceeding one year. ### 4. the commission may authorise the application of the rules laid down in articles 4 and 5 for one year. that period may be extended if the crisis situation persists , upon a reasoned request by the member state concerned.


### 5. the commission may authorise the application of the rules laid down in article 6 for a maximum period of four weeks. if a member state considers it necessary to further extend the application of the rules laid down in article 6 , it shall submit a reasoned request to the commission at the latest five days before the expiry of the four-week period. the commission may authorise the prolongation of the application of the rules laid down in article 6 for an additional maximum period of four weeks , which shall be renewable once. the period of application shall not exceed twelve weeks in total , including , where paragraph 8 is applied , the period preceding the adoption of the implementing decision referred to in paragraph 2. ### 5. the commission may authorise the application of the rules laid down in article 6 for a maximum period of eight weeks. if a member state considers it necessary to further extend the application of the rules laid down in article 6 , it shall submit a reasoned request to the commission at the latest five days before the expiry of the eight-week period. the commission may authorise the application of the rules laid down in article 6 for as long as the initial crisis situation persists.


### 7. when submitting the request referred to in paragraph 1 , a member state may notify the commission that it considers necessary to apply the rules laid down in article 6 before the examination of this request by the commission is concluded. in such a case , by way of derogation from paragraph 3 of this article , the member state concerned may apply the rules laid down in article 6 from the day following the request and for a period not exceeding 15 days. the member state shall indicate in the request the reasons for which an immediate action is required. ### 7. when submitting the request referred to in paragraph 1 , a member state may notify the commission that it considers necessary to apply the rules laid down in article 6 before the examination of this request by the commission is concluded. in such a case , by way of derogation from paragraph 3 of this article , the member state concerned may apply the rules laid down in article 6 from the day following the request and for a period not exceeding one month. the member state shall indicate in the request the reasons for which an immediate action is required.


### 8. the commission shall examine the reasoned request pursuant to paragraph 1 , or the notification pursuant to paragraph 7 on the basis of substantiated information , in particular the information gathered by the commission pursuant to the eu mechanism for preparedness and management of crises related to migration (migration preparedness and crisis blueprint) and by the european asylum support office (easo) pursuant to regulation (eu) no 439/201031 , the european border and coast guard agency pursuant to regulation (eu) 2019/1896 and the migration management report referred to article 6 of regulation (eu) xxx/xxx [asylum and migration management]. ### 8. the commission shall examine the reasoned request pursuant to paragraph 1 , or the notification pursuant to paragraph 7 on the basis of substantiated information , in particular the information gathered by the commission pursuant to the eu mechanism for preparedness and management of crises related to migration (migration preparedness and crisis blueprint) and by the european asylum support office (easo) pursuant to regulation (eu) no 439/201031 , the european border and coast guard agency pursuant to regulation (eu) 2019/1896 and the migration management report referred to article 6 of regulation (eu) xxx/xxx [asylum and migration management] , paying particular attention to the reports of the member state’s police or military services responsible for border defence or protection.


### by way of derogation from article 41(2)(b) of regulation (eu) xxx/xxx [asylum procedures regulation] , member states may in a border procedure take decisions on the merits of an application in cases where the applicant is of a nationality , or , in the case of stateless persons , a former habitual resident of a third country , for which the proportion of decisions granting international protection by the determining authority is , according to the latest available yearly union-wide average eurostat data , 75% or lower , in addition to the cases referred to in article 40(1) of regulation (eu) xxx/xxx [asylum procedures regulation]; ### by way of derogation from article 41(2)(b) of regulation (eu) xxx/xxx [asylum procedures regulation] , member states may in a border procedure take decisions on the merits of an application in cases where the applicant is of a nationality , or , in the case of stateless persons , a former habitual resident of a third country , for which the proportion of decisions granting international protection by the determining authority is , according to the latest available yearly union-wide average eurostat data , 90% or lower , in addition to the cases referred to in article 40(1) of regulation (eu) xxx/xxx [asylum procedures regulation];


### by way of derogation from article 41(11) and (13) of regulation (eu) xxx/xxx [asylum procedures regulation] , the maximum duration of the border procedure for the examination of applications set out in that article may be prolonged by an additional period of maximum eight weeks. following this period , the applicant shall be authorised to enter the member state’s territory for the completion of the procedure for international protection. ### by way of derogation from article 41(11) and (13) of regulation (eu) xxx/xxx [asylum procedures regulation] , the duration of the border procedure for the examination of applications set out in that article may be prolonged by an additional period of eight weeks.


### by way of derogation from article 41(11) and (13) of regulation (eu) xxx/xxx [asylum procedures regulation] , the maximum duration of the border procedure for the examination of applications set out in that article may be prolonged by an additional period of maximum eight weeks. following this period , the applicant shall be authorised to enter the member state’s territory for the completion of the procedure for international protection. ### by way of derogation from article 41(11) and (13) of regulation (eu) xxx/xxx [asylum procedures regulation] , the maximum duration of the border procedure for the examination of applications set out in that article may be prolonged by an additional period of maximum 16 weeks. following this period , the applicant shall be authorised to enter the member state’s territory for the completion of the procedure for international protection , unless the member state duly proves that this would pose a serious risk to internal or external security , public order or public health.


### by way of derogation from article 41a(2) of regulation (eu) xxx/xxx [asylum procedures regulation] , the maximum period during which third-country nationals or stateless persons shall be kept at the locations referred to in that article may be prolonged by an additional period of maximum eight weeks; ### by way of derogation from article 41a(2) of regulation (eu) xxx/xxx [asylum procedures regulation] , the maximum period during which third-country nationals or stateless persons shall be kept at the locations referred to in that article may be prolonged by an additional period of maximum 16 weeks;


### in addition to the cases provided for by article 6(2) of directive xxx [recast return directive] , member states shall establish that a risk of absconding is presumed in an individual case , unless proven otherwise , when the criterion referred to in article 6(1) , point (f) of directive xxx [recast return directive] is fulfilled or when the applicant , third-country national or stateless person concerned is manifestly and persistently not fulfilling the obligation to cooperate established by article 7 of that directive. ### in addition to the cases provided for by article 6(2) of directive xxx [recast return directive] , member states shall establish that a risk of absconding is presumed in an individual case , unless proven otherwise , when the criterion referred to in article 6(1) , point (f) of directive xxx [recast return directive] is fulfilled , when the applicant , third-country national or stateless person concerned is manifestly and persistently not fulfilling the obligation to cooperate established by article 7 of that directive , or when it can be demonstrated that there is a serious risk to internal or external security , public order or public health.


### in a crisis situation as referred to in article 1(2)(a) and in accordance with the procedure laid down in article 3 , applications made within the period during which this article is applied shall be registered no later than within four weeks from when they are made by way of derogation from article 27 of regulation (eu) xxx/xxx [asylum procedures regulation]. ### in a crisis situation as referred to in article 1(2)(a) and in accordance with the procedure laid down in article 3 , applications made within the period during which this article is applied shall be registered no later than within eight weeks from when they are made by way of derogation from article 27 of regulation (eu) xxx/xxx [asylum procedures regulation].


### 1. where a member state is facing a situation of force majeure which renders it impossible to comply with the time limits set out in article 27 of regulation (eu) xxx/xxx [asylum procedures regulation] , that member state shall notify the commission. after such notification , by way of derogation from article 27 of regulation (eu) xxx/xxx [asylum procedures regulation] , applications may be registered by that member state no later than four weeks from when they are made. in the notification , the member state concerned shall indicate the precise reasons for which it considers that this paragraph has to be applied and indicate the period of time during which it will be applied. ### 1. where a member state is facing a situation of force majeure which renders it impossible to comply with the time limits set out in article 27 of regulation (eu) xxx/xxx [asylum procedures regulation] , that member state shall notify the commission. after such notification , by way of derogation from article 27 of regulation (eu) xxx/xxx [asylum procedures regulation] , applications may be registered by that member state no later than eight weeks from when they are made. in the notification , the member state concerned shall indicate the precise reasons for which it considers that this paragraph has to be applied and indicate the period of time during which it will be applied.


### submit a take charge request as referred to in article 29 within four months of the date on which the application was registered; ### submit a take charge request as referred to in article 29 within six months of the date on which the application was registered;


### reply to a take charge request as referred to in article 30 within two months of receipt of the request; ### reply to a take charge request as referred to in article 30 within three months of receipt of the request;


### submit a take back notification as referred to in article 31 within one month of receiving the eurodac hit or confirm the receipt within one month of such notification; ### submit a take back notification as referred to in article 31 within two months of receiving the eurodac hit or confirm the receipt within two months of such notification;


### 1. where a member state is facing a situation of force majeure which renders it impossible to comply with the obligation to undertake solidarity measures within the timeframes established in articles 47 and 53(1) of regulation (eu) xxx/xxx [asylum and migration management] and article 2 of this regulation , it shall notify the commission and the other member states without delay. the member state concerned shall indicate the precise reasons for which it considers that it is facing a situation of force majeure and provide all necessary information for that effect. after such notification , by way of derogation from the timeframes established by those articles , the timeframe for undertaking solidarity measures established in those articles shall be suspended for a maximum period of six months. ### 1. where a member state is facing a situation of force majeure which renders it impossible to comply with the obligation to undertake solidarity measures within the timeframes established in articles 47 and 53(1) of regulation (eu) xxx/xxx [asylum and migration management] and article 2 of this regulation , it shall notify the commission and the other member states without delay. the member state concerned shall indicate the precise reasons for which it considers that it is facing a situation of force majeure and provide all necessary information for that effect. after such notification , by way of derogation from the timeframes established by those articles , the timeframe for undertaking solidarity measures established in those articles shall be suspended for a period of up to 12 months , which may be extended if the situation of force majeure persists , upon a reasoned request by the member state.


### 1. where a member state is facing a situation of force majeure which renders it impossible to comply with the obligation to undertake solidarity measures within the timeframes established in articles 47 and 53(1) of regulation (eu) xxx/xxx [asylum and migration management] and article 2 of this regulation , it shall notify the commission and the other member states without delay. the member state concerned shall indicate the precise reasons for which it considers that it is facing a situation of force majeure and provide all necessary information for that effect. after such notification , by way of derogation from the timeframes established by those articles , the timeframe for undertaking solidarity measures established in those articles shall be suspended for a maximum period of six months. ### 1. where a member state is facing a situation of force majeure which renders it impossible to comply with the obligation to undertake voluntary contribution measures within the timeframes established in articles 47 and 53(1) of regulation (eu) xxx/xxx [asylum and migration management] and article 2 of this regulation , it shall notify the commission and the other member states without delay. the member state concerned shall indicate the precise reasons for which it considers that it is facing a situation of force majeure and provide all necessary information for that effect. after such notification , by way of derogation from the timeframes established by those articles , the timeframe for undertaking solidarity measures established in those articles shall be suspended for a maximum period of six months.


### article 10 ### deleted


### 1. in a crisis situation as referred to in article 1(2)(a) , and on the basis of an implementing act adopted by the commission in accordance with paragraph 4 of this article , member states may suspend the examination of applications for international protection in accordance with regulation (eu) xxx/xxx [asylum procedures regulation] and regulation (eu) xxx/xxx [qualification regulation] in respect of displaced persons from third countries who are facing a high degree of risk of being subject to indiscriminate violence , in exceptional situations of armed conflict , and who are unable to return to their country of origin. in such a case , member states shall grant immediate protection status to the persons concerned , unless they represent a danger to the national security or public order of the member state. such status shall be without prejudice to their ongoing application for international protection in the relevant member state. ### 1. member states may suspend the examination of applications for international protection.


### 1. in a crisis situation as referred to in article 1(2)(a) , and on the basis of an implementing act adopted by the commission in accordance with paragraph 4 of this article , member states may suspend the examination of applications for international protection in accordance with regulation (eu) xxx/xxx [asylum procedures regulation] and regulation (eu) xxx/xxx [qualification regulation] in respect of displaced persons from third countries who are facing a high degree of risk of being subject to indiscriminate violence , in exceptional situations of armed conflict , and who are unable to return to their country of origin. in such a case , member states shall grant immediate protection status to the persons concerned , unless they represent a danger to the national security or public order of the member state. such status shall be without prejudice to their ongoing application for international protection in the relevant member state. ### 1. in a crisis situation as referred to in article 1(2)(a) , and on the basis of an implementing act adopted by the commission in accordance with paragraph 4 of this article , member states may suspend the examination of applications for international protection in accordance with regulation (eu) xxx/xxx [asylum procedures regulation] and regulation (eu) xxx/xxx [qualification regulation] in respect of displaced persons from third countries who are facing a high degree of risk of being subject to indiscriminate violence , in exceptional situations of armed conflict , and who are unable to return to their country of origin. in such a case , member states shall grant immediate protection status to the persons concerned , unless they represent a danger to the national security or public order of the member state , which may also revoke immediate protection in other justified cases , where return is considered viable. such status shall be without prejudice to their ongoing application for international protection in the relevant member state.


### 2. member states shall ensure that beneficiaries of immediate protection have effective access to all the rights laid down in regulation (eu) xxx/xxx [qualification regulation] applicable to beneficiaries of subsidiary protection. ### deleted


### 3. member states shall resume the examination of the applications for international protection that have been suspended pursuant to paragraph 1 after a maximum of one year. ### 3. member states shall resume the examination of the applications for international protection that have been suspended pursuant to paragraph 1 at a time of their choosing.


### 4. the commission shall , by means of an implementing decision: ### 4. the council shall by unanimity:


### 4. the commission shall , by means of an implementing decision: ### 4. the council shall , by means of unanimity , decide:


### establish that there is a situation of crisis on the basis of the elements referred to in article 3; ### establish whether there is a situation of crisis on the basis of the elements referred to in article 3;


### establish that there is a need to suspend the examination of applications for international protection; ### establish that there is a need to suspend the examination of applications for international protection , while fully respecting that declaring the existence of such need is not a prerequisite for member states to suspend the examination of applications;


### define the specific country of origin , or a part of a specific country of origin , in respect of the persons referred to in paragraph 1; ### deleted


### establish the date from which this article shall be applied and set out the time period during which applications for international protection of displaced person as referred to in point (a) may be suspended and immediate protection status shall be granted. ### deleted


### article 11 ### deleted


### 1. the commission shall adopt implementing acts in respect of authorising the application of the derogatory procedural rules referred to in articles 4 , 5 and 6 , and triggering the granting of immediate protection status in accordance with article 10. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 12(2). ### deleted


### 1. the commission shall adopt implementing acts in respect of authorising the application of the derogatory procedural rules referred to in articles 4 , 5 and 6 , and triggering the granting of immediate protection status in accordance with article 10. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 12(2). ### 1. the commission shall adopt implementing acts in respect of authorising the application of the derogatory procedural rules referred to in articles 4 , 5 and 6 , in accordance with the reasoned requests submitted by the member state or member states concerned. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 12(2).


### 2. on duly justified imperative grounds of urgency , due to the situation of crisis as defined in article 1(2) in a member state , the commission shall adopt immediately applicable implementing acts in respect of authorising the application of the derogatory procedural rules referred to in articles 4 , 5 and 6 , and triggering the granting of immediate protection status in accordance with article 10. those implementing acts shall be adopted in accordance with the procedure referred to in article 12(3). ### deleted


### 2. on duly justified imperative grounds of urgency , due to the situation of crisis as defined in article 1(2) in a member state , the commission shall adopt immediately applicable implementing acts in respect of authorising the application of the derogatory procedural rules referred to in articles 4 , 5 and 6 , and triggering the granting of immediate protection status in accordance with article 10. those implementing acts shall be adopted in accordance with the procedure referred to in article 12(3). ### 2. on duly justified imperative grounds of urgency , due to the situation of crisis as defined in article 1(2) in a member state , the commission shall adopt immediately applicable implementing acts in respect of authorising the application of the derogatory procedural rules referred to in articles 4 , 5 and 6 , in accordance with the reasoned requests submitted by the member state or member states concerned. those implementing acts shall be adopted in accordance with the procedure referred to in article 12(3).


### 3. the implementing acts shall remain in force for a period not exceeding one year. ### deleted


### 3. the implementing acts shall remain in force for a period not exceeding one year. ### 3. the implementing acts shall remain in force for a period not exceeding one year , which may be extended if the situations that gave rise to those acts persist , upon a reasoned request by the member state concerned.


### 5. welcomes the organisation of the 2020 european drugs summer school in a fully digital format , attracting 49 participants from 30 countries; ### 5. takes note of the organisation of the 2020 european drugs summer school in a fully digital format , attracting 49 participants from 30 countries;


### 1. urges the eu institutions to address intersectional forms of discrimination in eu anti-discrimination and gender equality legislation and policies; ### 1. urges the eu institutions , within the limits conferred by the treaties , to address intersectional forms of discrimination in eu anti-discrimination and gender equality legislation and policies;


### — having regard to the un sustainable development goals , and , in particular , goal 5 , ### deleted


### — having regard to the beijing declaration and platform of action of 15 september 1995 and the outcomes of its review conferences , ### deleted


### — having regard to the joint communication from the commission and the high representative of the union for foreign affairs and security policy of 25 november 2020 entitled ‘eu gender action plan (gap) iii – an ambitious agenda for gender equality and women’s empowerment in eu external action 2021-2025’ (join(2020)0017) , and to the accompanying joint staff working document entitled ‘objectives and indicators to frame the implementation of the gender action plan iii (2021-25)’ (swd(2020)0284) , ### deleted


### — having regard to the commission communication of 3 march 2021 entitled ‘a union of equality: strategy for the rights of persons with disabilities 2021-2030’ (com(2021)0101) , ### deleted


### — having regard to the commission communication of 05 march 2020 entitled ‘a union of equality: gender equality strategy 2020-2025’ (com(2020)0152) , ### deleted


### — having regard to the commission communication of 18 september 2020 entitled ‘a union of equality: eu anti-racism action plan 2020-2025’ (com(2020)0565) , ### deleted


### — having regard to the commission communication of 7 october 2020 entitled ‘a union of equality: eu roma strategic framework for equality , inclusion and participation’ (com(2020)0620) , ### deleted


### — having regard to the commission communication of 12 october 2020 entitled ‘a union of equality: lgbtiq equality strategy 2020-2025’ (com(2020)0698) , ### deleted


### — having regard to council directive 2000/43/ec of 29 june 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin1 (‘racial equality directive’) , ### deleted


### — having regard to the generation equality forum held from 29 to 31 march 2021 in mexico city , and from 30 june to 2 july 2021 in paris , ### deleted


### — having regard to its resolution of 21 january 2021 on the gender perspective in the covid-19 crisis and post-crisis period3 , ### deleted


### — having regard to its resolution of 24 june 2021 on the situation of sexual and reproductive health and rights in the eu , in the frame of women’s health4 , ### deleted


### — having regard to the european institute for gender equality (eige) report entitled ‘intersecting inequalities: gender equality index 2019’ , ### deleted


### — having regard to the eurocentralasian lesbian* community (el*c) report of 29 june 2021 entitled ‘resistance as a way of living: lesbian lives through the covid-19 pandemic’ , ### deleted


### — having regard to the el*c report of 1 october 2021 entitled ‘lesbophobia: an intersectional form of violence’ , ### deleted


### — having regard to the european union agency for fundamental rights (fra) report of 14 may 2020 entitled ‘a long way to go for lgbti equality’ (fra lgbti survey ii) , ### deleted


### — having regard to the el*c report of 7 february 2022 entitled ‘a bitter pill to swallow: gaps and discriminations in access to healthcare for lesbians’ , ### deleted


### — having regard to the european network against racism (enar) report of 14 september 2020 entitled ‘intersectional discrimination in europe: relevance , challenges and ways forward’ , ### deleted


### — having regard to the european network of equality bodies report entitled ‘collection and use of complaints data by equality bodies’7 , ### deleted


### — having regard to the enar shadow report entitled ‘racism & discrimination in employment in europe 2013-2017’8 , ### deleted


### — having regard to the fra report of 4 april 2019 entitled ‘second european union minorities and discrimination survey – roma women in nine eu member states’9 , ### deleted


### — having regard to the fra report of 15 november 2019 entitled ‘second european union minorities and discrimination survey – being black in the eu10 , ### deleted


### — having regard to the center for intersectional justice fact sheet of april 2020 entitled ‘intersectionality at a glance in europe’11 , ### deleted


### — having regard to un women and un partnership on the rights of persons with disabilities resource kit published in 2021 , entitled ‘intersectionality resources and toolkit: an intersectional approach to leave no one behind’12 , ### deleted


### — having regard to the report of the committee on women’s rights and gender equality (a9-0000/2022) , ### deleted


### 3. welcomes the increase in its budget in 2020 from eur 44 million to eur 51 million (+15.9%) and its staff from 239 to 242 (+1.3%) while noting the 13% increase of eurojust’s casework; in 2020 , 8 799 cross-border criminal investigations were handled , 4 200 of them were newly opened; welcomes that eurojust provided legal , financial and/or operational support to 268 joint investigation teams in 2020 and facilitated the execution of 1284 european arrest warrants; ### 3. welcomes the increase in its budget in 2020 from eur 44 million to eur 51 million (+15.9%) and its staff from 239 to 242 (+1.3%) while noting the 13% increase of eurojust’s casework; in 2020 , 8 799 cross-border criminal investigations were handled , 4 200 of them were newly opened; welcomes that eurojust provided legal , financial and/or operational support to 268 joint investigation teams in 2020 and facilitated the execution of 1284 european arrest warrants; notes that jit expenditure amounts to less than three percent of eurojust's budget;


### 4. welcomes the close cooperation with union and international partners , including the commission and olaf; highlights the progress in the collaboration between eurojust and the eppo and welcomes the negotiation of the working agreement to govern their future relations; welcomes the participation of eurojust in the eu victims’ rights platform; ### 4. welcomes the close cooperation with union and international partners , including the commission and olaf; highlights that collaboration between eurojust and the eppo must fully respect member states who chose to not join the eppo; welcomes the participation of eurojust in the eu victims’ rights platform;


### (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.


### (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 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.


### (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 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 member state procedures enabling returns. the screening should 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.


### (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 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.


### (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 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.


### (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.


### (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 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.


### (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 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.


### (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 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.


### (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.


### (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. ### (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.


### (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 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.


### (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


### (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]. ### (10) the obligations stemming from this regulation should be without prejudice to the provisions concerning responsibility for examining an application for international protection regulated in regulation (eu) no xx/xxx [asylum and migration management regulation] if it is not hampering the security of the external borders.


### (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


### (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. ### (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.


### (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


### (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. ### (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.


### (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 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.


### (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 . ### (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 .


### (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


### (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 . ### (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 may also be involved in the screening wherever necessary. 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 .


### (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. particular attention should be paid to the best interests of the child. ### (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.


### (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. ### (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.


### (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. ### (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.


### (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


### (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 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.


### (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. ### (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.


### (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. ### (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.


### (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.


### (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.


### (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.


### 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. ### 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.


### 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 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.


### 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 ### are apprehended in connection with an unauthorised crossing of the external border of a member state by land , sea or air


### are disembarked in the territory of a member state following a search and rescue operation. ### 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.


### 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.


### 1. in the cases referred to in article 3 , the screening shall be conducted at locations situated at or in proximity to the external borders. ### 1. in the cases referred to in article 3 , the screening shall be conducted at locations situated at or in proximity to the external borders. however , in any case the persons under the screening procedure shall not be deemed to be on the territory of a member state.


### 4. member states shall notify the commission without delay about the exceptional circumstances referred to in paragraph 3. they shall also inform the commission as soon as the reasons for extending the screening period have ceased to exist. ### 4. member states may notify the commission about the exceptional circumstances referred to in paragraph 3.


### registration of biometric data in the appropriate databases as referred to in article 14(6) , to the extent it has not occurred yet; ### registration of biometric and dna data in the appropriate databases as referred to in article 14(6) , to the extent it has not occurred yet;


### the competent authorities may be assisted or supported in the performance of the screening by experts or liaison officers and teams deployed by the european border and coast guard agency and the [european union agency for asylum] within the limits of their mandates. ### the competent authorities may be assisted or supported in the performance of the screening by experts or liaison officers and teams deployed upon request by the member state concerned by the european border and coast guard agency and the [european union agency for asylum] within the limits of their mandates.


### 1. member states shall adopt relevant provisions to investigate allegations of non-respect for fundamental rights in relation to the screening. ### 1. member states can adopt relevant provisions to investigate allegations of non-respect for fundamental rights in relation to the screening.


### 2. each member state shall establish an independent monitoring mechanism ### deleted


### — to ensure compliance with eu and international law , including the charter of fundamental rights , during the screening; ### deleted


### — where applicable , to ensure compliance with national rules on detention of the person concerned , in particular concerning the grounds and the duration of the detention; ### deleted


### — to ensure that allegations of non-respect for fundamental rights in relation to the screening , including in relation to access to the asylum procedure and non-compliance with the principle of non-refoulement , are dealt with effectively and without undue delay. ### deleted


### the fundamental rights agency shall issue general guidance for member states on the setting up of such mechanism and its independent functioning. furthermore , member states may request the fundamental rights agency to support them in developing their national monitoring mechanism , including the safeguards for independence of such mechanisms , as well as the monitoring methodology and appropriate training schemes. ### deleted


### the applicable rules on the conditions of entry for third-country nationals in accordance with regulation (no) 2016/399 [schengen border code] , as well as on other conditions of entry , stay and residence of the member state concerned , to the extent this information has not been given already; ### the applicable rules on the conditions of entry for third-country nationals in accordance with regulation (no) 2016/399 [schengen border code] , as well as on other conditions of entry of the member state concerned , to the extent this information has not been given already;


### the conditions of participation in relocation in accordance with article xx of regulation (eu) no xxx/xxx [ex-dublin regulation]; ### deleted


### 3. the information provided during the screening shall be given in a language which the third-country national understands or is reasonably supposed to understand. the information shall be given in writing and , in exceptional circumstances , where necessary , orally using interpretation services. it shall be provided in an appropriate manner taking into account the age and the gender of the person. ### 3. the information provided during the screening shall be given in a language which the third-country national understands or is reasonably supposed to understand. the information shall be given in writing or where necessary , orally using interpretation services. it shall be provided in an appropriate manner taking into account the age and the gender of the person.


### 4. member states may authorise relevant and competent national , international and non-governmental organisations and bodies to provide third country nationals with information under this article during the screening according to the provisions established by national law. ### 4. member states may authorise relevant and competent national and international bodies to provide third country nationals with information under this article during the screening according to the provisions established by national law.


### 2. where relevant , it shall be checked whether persons referred to in paragraph 1 are in a vulnerable situation , victims of torture or have special reception or procedural needs within the meaning of article 20 of the [recast] reception conditions directive. ### 2. where relevant , it shall be checked whether persons referred to in paragraph 1 are in a vulnerable situation , victims of torture or have special reception or procedural needs.


### 3. where there are indications of vulnerabilities or special reception or procedural needs , the third-country national concerned shall receive timely and adequate support in view of their physical and mental health. in the case of minors , support shall be given by personnel trained and qualified to deal with minors , and in cooperation with child protection authorities. ### 3. where there are indications of vulnerabilities or special reception or procedural needs , the third-country national concerned may receive support in view of their physical and mental health.


### biometric data; ### biometric and dna data;


### 1. third country nationals submitted to the screening pursuant to article 3 or article 5 shall undergo a security check to verify that they do not constitute a threat to internal security. the security check may cover both the third-country nationals and the objects in their possession. the law of the member state concerned shall apply to any searches carried out. ### 1. third country nationals submitted to the screening pursuant to article 3 or article 5 shall undergo a security check to verify that they do not constitute a threat to internal security or social cohesion. the security check may cover both the third-country nationals , objects in their possession , electronic devices which must be unlocked upon request by authorities , including providing access to any messaging applications , online presence as well as any publication , media or recordings. the law of the member state concerned shall apply to any searches carried out.


### in cases not related to search and rescue operations , entry may be refused in accordance with article 14 of regulation 2016/399. ### in cases related to search and rescue operations , entry can be refused in accordance with article 14 of regulation 2016/399.


### [three years after entry into force , the commission shall report on the implementation of the measures set out in this regulation.] ### [after entry into force , the commission shall report on the implementation of the measures set out in this regulation annually.]


### a. whereas the union is founded on the values of respect for human dignity , freedom , democracy , equality , the rule of law and respect for human rights , including the rights of persons belonging to minorities , as set out in article 2 of the teu; whereas the right to equal treatment and non-discrimination is a fundamental right enshrined in the charter and must be fully respected; ### a. whereas the union is founded on the values of respect for human dignity , freedom , democracy , equality , the principles of conferral , proportionality and subsidiarity , the rule of law and respect for human rights , including the rights of persons belonging to minorities , as set out in article 2 of the teu; whereas the right to equal treatment and non-discrimination is a fundamental right enshrined in the charter and must be fully respected;


### b. whereas the eu action plan is the first eu policy instrument to recognise the structural dimension of racism , which has historical roots dating back to colonialism and slavery; ### b. whereas the eu action plan is the first eu policy instrument to recognise all forms of racism , which is a necessary step towards tackling racism and racial discrimination across society;


### c. whereas according to the fra , racial discrimination and harassment remain normalised throughout the eu10 ; whereas racism and extreme right-wing sentiments and ideology continue to pose serious challenges in our union; ### c. whereas according to the fra , anti-semitism is widespread and normalised in the eu and racial discrimination and harassment remain a problem10 ; whereas extremism and extremist ideology on all sides of the political spectrum continue to pose serious challenges in our union;


### c. whereas according to the fra , racial discrimination and harassment remain normalised throughout the eu10 ; whereas racism and extreme right-wing sentiments and ideology continue to pose serious challenges in our union; ### c. whereas a demographic revolution is underway and is normalised throughout the eu; whereas racism , anti-semitism , and extreme sentiments and ideology such as islamism will continues to pose increasingly serious challenges as long as migration policy is not changed drastically;


### c. whereas according to the fra , racial discrimination and harassment remain normalised throughout the eu10 ; whereas racism and extreme right-wing sentiments and ideology continue to pose serious challenges in our union; ### c. whereas according to the fra , racial discrimination and harassment remain normalised throughout the eu10 ; whereas racism and extreme sentiments and ideology continue to pose serious challenges in our union;


### d. whereas structural and institutionalised racism is also mirrored in socioeconomic inequality and poverty , and whereas these factors interact and reinforce each other; ### deleted


### d. whereas structural and institutionalised racism is also mirrored in socioeconomic inequality and poverty , and whereas these factors interact and reinforce each other; ### d. whereas racism and discrimination may also be mirrored in socioeconomic inequality and poverty , and whereas these factors may interact and reinforce each other;


### e. whereas there are barriers to access justice for victims of racial discrimination; whereas equality bodies in the member states lack the human and financial resources and/or political will and independence to bridge this gap; ### e. whereas barriers to access justice are a reality;


### e. whereas there are barriers to access justice for victims of racial discrimination; whereas equality bodies in the member states lack the human and financial resources and/or political will and independence to bridge this gap; ### e. whereas in certain instances there may be barriers to access justice for victims of racial discrimination; whereas at times equality bodies in the member states may lack the resources or ability to bridge this gap;


### g. whereas the racial equality directive has been insufficiently implemented by the member states; ### g. whereas member states are best suited to decide over sensitive matters such as racial equality; recognizes the cultural , moral and religious diversity in the eu and emphasizes that the eu lacks expertise and competence to regulate this policy area;


### g. whereas the racial equality directive has been insufficiently implemented by the member states; ### g. whereas the racial equality directive has been insufficiently implemented by certain member states;