### (19) the proliferation of communication channels used for the transmission of law enforcement information between member states and of communications relating thereto should be remedied , as it hinders the adequate and rapid exchange of such information. therefore , the use of the secure information exchange network application called siena , managed by europol in accordance with regulation (eu) 2016/794 , should be made mandatory for all such transmissions and communications under this directive , including the sending of requests for information submitted to single points of contact and directly to law enforcement authorities , the provision of information upon such requests and on their own initiative , communications on refusals and clarifications , as well as copies to single points of contact and europol. to that aim , all single points of contact , as well as all law enforcement authorities that may be involved in such exchanges , should be directly connected to siena. in this regard , a transition period should be provided for , however , in order to allow for the full roll-out of siena. ### (19) the proliferation of communication channels used for the transmission of law enforcement information between member states and of communications relating thereto should be remedied , as it hinders the adequate and rapid exchange of such information. therefore , it is justified to make the use of the secure information exchange network application called siena , managed by europol in accordance with regulation (eu) 2016/794 , the main channel for exchange of information and mandatory for all such transmissions and communications under this directive , including the sending of requests for information submitted to single points of contact and directly to law enforcement authorities , the provision of information upon such requests and on their own initiative , communications on refusals and clarifications , as well as copies to single points of contact and europol. to that aim , all single points of contact , as well as all law enforcement authorities that may be involved in such exchanges , should be directly connected to siena. in this regard , a transition period should be provided for , however , in order to allow for the full roll-out of siena as the full roll-out of siena entails a significant change in current practices in some member states and requires extensive national information system reforms and training of personnel , which in turn requires additional resources.


### (20) in order to simplify , facilitate and better manage information flows , member states should each establish or designate one single point of contact competent for coordinating information exchanges under this directive. the single points of contact should , in particular , contribute to mitigating the fragmentation of the law enforcement authorities' landscape , specifically in relation to information flows , in response to the growing need to jointly tackle cross-border crime , such as drug trafficking and terrorism. for the single points of contact to be able to effectively fulfil their coordinating functions in respect of the cross-border exchange of information for law enforcement purposes under this directive , they should be assigned a number of specific , minimum tasks and also have certain minimum capabilities. ### (20) in order to simplify , facilitate and better manage information flows , member states should each establish or designate one single point of contact competent for coordinating information exchanges under this directive. the single points of contact should , in particular , contribute to mitigating the fragmentation of the law enforcement authorities' landscape , specifically in relation to information flows , in response to the growing need to jointly tackle cross-border crime , such as drug trafficking and terrorism. for the single points of contact to be able to effectively fulfil their coordinating functions in respect of the cross-border exchange of information for law enforcement purposes under this directive , they should be assigned a number of specific , minimum tasks and also have certain minimum capabilities. it is important to produce an assessment of the costs of the single points of contact at an early stage , with the greatest possible accuracy , in order to be able to prepare comprehensively for the impacts and implementation of the proposed reforms. in that respect it is appropriate that the financing of needed ict-reforms be fully secured from the internal security fund while respecting sound financial management and safeguarding the economic interests of the union.


### 1. welcomes that the court of auditors (the 'court') has declared the transactions underlying the annual accounts of the european union agency for criminal justice cooperation (eurojust) for the financial year 2020 to be legal and regular in all material respects; ### 1. welcomes that the court of auditors (the 'court') has declared the transactions underlying the annual accounts of the european union agency for criminal justice cooperation (eurojust) for the financial year 2020 to be legal and regular in all material respects and that its financial position at 31 december 2020 is fairly presented;


### 2. stresses the essential role that eurojust plays in supporting and coordinating the work of national judicial authorities in investigating and prosecuting transnational crime; expresses its satisfaction that eurojust maintained full operational continuity during the covid-19 crisis; highlights the coordinating role that eurojust has played in compiling and disseminating information on the main practical and legal issues arising from the covid-19 pandemic in the field of judicial cooperation in criminal matters , as well as providing information about the impact of national measures taken in this context; ### 2. stresses the essential role that eurojust plays in supporting and coordinating the work of national judicial authorities in investigating and prosecuting cross-border and organised crime; expresses its satisfaction that eurojust maintained full operational continuity during the covid-19 crisis; highlights the coordinating role that eurojust has played in compiling and disseminating information on the main practical and legal issues arising from the covid-19 pandemic in the field of judicial cooperation in criminal matters , as well as providing information about the impact of national measures taken in this context;


### 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 , olaf and other justice and home affairs agencies; 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;


### 9. notes that the reported figures for gender balance within the agency for 2020 are 5 men and 5 women in senior and middle management , 17 men (65 ,4 %) and 9 women (34 ,6 %) in the agency’s management board , and that the staff overall is composed of 71 men (32%) and 152 women (68%); ### 9. welcomes the achieved gender balance within the agency for 2020 with 5 men and 5 women in senior and middle management , and notes with concern the uneven gender distribution with 17 men (65 ,4 %) and 9 women (34 ,6 %) in the agency’s management board , and that the staff overall is composed of 71 men (32%) and 152 women (68%); asks the agency to ensure gender balance at the staff level in the future; asks the commission and the member states to take into account the importance of ensuring gender balance when nominating their members to the agency’s management board;


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


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


### (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 the efficient referral to the relevant procedures which , depending on the circumstances , can be procedures for international protection or , refusal of entry in accordance with regulation (eu) 2016/399 (the schengen border code") and return procedures in accordance with directive 2008/115/ec of the european parliament and of the council (the “return directive”)22. the screening should seamlessly complement the checks carried out at the external border or compensate for the fact that those checks have been circumvented by the third country nationals when crossing the external border.


### (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 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.


### (4) border control is in the interest not only of the member states at whose external borders it is carried out but of all member states which have abolished internal border control. border control should help to combat illegal migration and trafficking of human beings and to prevent any threat to the member states’ internal security , public policy , public health and international relations. as such , measures taken at the external borders are important elements of a comprehensive approach to migration , allowing to address the challenge of mixed flows of migrants and persons seeking international protection. ### (4) border control is not only in the interest of the member states at whose external borders it is carried out but of all member states which have abolished internal border control. border control should help to prevent illegal migration and combat trafficking of human beings and to prevent any threat to the internal security of the union , the member states’ national security , public policy , public health and international relations. as such , measures taken at the external borders are important elements of a comprehensive approach to asylum and migration , and vital to address the challenge of mixed flows of migrants and ensuring access to the relevant procedure for persons seeking international protection.


### (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 the necessary identification and/or travel documents , both following apprehension during border surveillance and during checks at the border crossing points. moreover , at some border sections the border guards are confronted with large numbers of arrivals at the same time. in such circumstances , it is particularly difficult to ensure that all relevant databases are consulted and to immediately determine the appropriate asylum or return procedure.


### (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 handling of third-country nationals who try to avoid border checks or who request international protection at a border crossing point without fulfilling the entry conditions , it is necessary to provide a stronger framework for cooperation between the different national authorities responsible for border control , the protection of public health , the examination of the need for international protection and the application of return procedures.


### (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 facilitate the examination of the need for international protection. it should allow to collect and share with the authorities competent for that examination any information that is relevant for the latter to identify the appropriate procedure for the examination of the application , thus speeding up that examination. the screening should also ensure that persons with special needs are identified at an early stage , so that any special reception and procedural needs are fully taken into account in the determination of and the pursuit of the applicable procedure.


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


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


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


### (14) in view of the purpose of the derogation referred to in article 6(5) of regulation (eu) 2016/399 , persons whose entry has been authorised by a member state under that provision in an individual decision should not be submitted to the screening despite the fact that they do not fulfil all entry conditions. ### (14) as the goal of screening is to increase security at external borders and in the area of free movement , all persons whose entry has been authorised by a member state under the derogation referred to in article 6(5) of regulation (eu) 2016/399 , as the persons covered by that provision do not fulfil all entry conditions.


### (15) all persons subject to the screening should be submitted to checks in order to establish their identity and to ascertain that they do not pose a threat to internal security or public health. in the case of persons requesting international protection at border crossing points , the identity and security checks carried out in the context of border checks should be taken into account to avoid duplication. ### (15) all persons subject to the screening should be submitted to checks in order to establish their identity and to ascertain that they do not pose a threat to internal or national security , public order or policy or public health. in the case of persons requesting international protection at border crossing points , the identity and security checks carried out in the context of border checks should be taken into account to avoid duplication.


### (16) on completion of the screening , the third-country nationals concerned should be referred to the relevant procedure to establish responsibility for examining an application for and to assess the need for international protection , or be made subject to procedures respecting directive 2008/115 (return directive) , as appropriate. the relevant information obtained during the screening should be provided to the competent authorities to support the further assessment of each individual case , in full respect of fundamental rights. the procedures established by directive 2008/115 should start applying only after the screening has ended. article 26 and 27 of the asylum procedures regulation should apply only after the screening has ended. this should be without prejudice to the fact that the persons applying for international protection at the moment of apprehension , in the course of border control at the border crossing point or during the screening , should be considered applicants. ### (16) on completion of the screening , the third-country nationals concerned should be referred to the relevant procedure to establish responsibility for examining an application for and to assess the need for international protection , or be made subject to procedures respecting directive 2008/115 (return directive) , as appropriate. as this referral is of an administrative nature to establish the relevant procedure on an individual basis , the right to an effective remedy shall be reserved for the relevant procedures in accordance with the provisions in regulation (eu) xxx/xxx [asylum procedure regulation] or directive 2008/115.


### (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 more reliable. member states should therefore apply the screening to third-country nationals who are already within the territory and who are unable to prove that they fulfilled the conditions of entry into the territory of the member states. the screening of such third-country nationals is necessary in order to compensate for the fact that they presumably managed to evade entry checks upon arrival in the schengen area and therefore could have not been either refused entry or referred to the appropriate procedure following screening. applying the screening could also help in ascertaining , through the consultation of the databases referred to in this regulation , that the persons concerned do not pose a threat to internal or national security or to public order or policy. by the end of the screening within the territory , the third-country nationals concerned should be subject to a return procedure or , where they apply for international protection , to the appropriate asylum procedure. submitting the same third-country national to repeated screenings should be avoided to the utmost extent possible.


### (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 may therefore be considered as an indication that the holder does not fulfil the entry conditions. with the start of the operation of the entry/exit system leading to substitution of the stamps with an entry in the electronic system , that presumption will become more reliable. member states should therefore apply the screening to third-country nationals who are already within the territory and who are unable to prove that they fulfilled the conditions of entry into the territory of the member states. the screening of such third-country nationals is necessary in order to compensate for the fact that they presumably managed to evade entry checks upon arrival in the schengen area and therefore could have not been either refused entry or referred to the appropriate procedure following screening. applying the screening could also help in ascertaining , through the consultation of the databases referred to in this regulation , that the persons concerned do not pose a threat to internal security. throughout the screening , these persons should be regarded as if they had not entered the territory of the member state similarily to those persons under the screening procedure at the external borders. by the end of the screening within the territory , the third-country nationals concerned should be subject to a return procedure or , where they apply for international protection , to the appropriate asylum procedure. submitting the same third-country national to repeated screenings should be avoided to the utmost extent possible.


### (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 14 days. any extension of the 14 days’ time limit should be reserved for exceptional situations at the external borders , such as where the capacities of the member state to handle screenings are exceeded for reasons beyond its control such as crisis situations referred to in article 1 of regulation xxx/xxx [crisis proposal] or if it is impossible to conclude the screening or the security , vulnerability and the age determination procedure within that time-limit.


### (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 should comply with the charter of fundamental rights of the european union and ensure the respect for human dignity and should not discriminate against persons on grounds of sex , racial , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinions , membership of a national minority , disability , age or sexual orientation. the best interests of the child should be taken into account.


### (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 , 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. 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 , or designate an existing , monitoring mechanism and put in place adequate safeguards for the independence thereof. the monitoring mechanism should , complement the monitoring conducted by the european union agency for asylum and cover in particular the respect for fundamental rights in relation to the screening , as well as the respect for the applicable national rules regarding detention and compliance with the principle of non-refoulement as referred to in article 3(b) of regulation (eu) 2016/399. the fundamental rights agency should establish general guidance as to the establishment and the independent functioning of such monitoring mechanism. member states should furthermore be allowed to request the support of the fundamental rights agency for developing their national monitoring mechanism. member states should also be allowed to seek advice from the fundamental rights agency with regard to establishing the methodology for this monitoring mechanism and with regard to appropriate training measures. member states should also be allowed to invite relevant and competent national , international and non-governmental organisations and bodies to participate in the monitoring. the independent monitoring mechanism should be without prejudice to the monitoring of fundamental rights provided by the european border and coast guard agency’s fundamental rights monitors provided for in regulation (eu) 2019/1896. the member states should investigate allegations of the breach of the fundamental rights during the screening , including by ensuring that complaints are dealt with expeditiously and in an appropriate way.


### (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. the fundamental rights agency should establish general guidance as to the establishment and the independent functioning of such monitoring mechanism. member states should furthermore be allowed to request the support of the fundamental rights agency for developing their national monitoring mechanism. member states should also be allowed to seek advice from the fundamental rights agency with regard to establishing the methodology for this monitoring mechanism and with regard to appropriate training measures. member states should also be allowed to invite relevant and competent national , international and non-governmental organisations and bodies to assist with the monitoring. the independent monitoring mechanism should be without prejudice to the monitoring of fundamental rights provided by the european border and coast guard agency’s fundamental rights monitors provided for in regulation (eu) 2019/1896. the member states should investigate allegations of the breach of the fundamental rights during the screening , including by ensuring that complaints are dealt with expeditiously and in an appropriate way.


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


### (26) a preliminary health examination should be carried out on all persons submitted to the screening at the external borders with a view to identifying persons in need of immediate care or requiring other measures to be taken , for instance isolation on public health grounds. the specific needs of minors and vulnerable persons should be taken into account. if it is clear from the circumstances that such examination is not needed , in particular because the overall condition of the person appears to be very good , the examination should not take place and the person concerned should be informed of that fact. the preliminary health examination should be carried out by the health authorities of the member state concerned. with regard to third-country nationals apprehended within the territory , the preliminary medical examination should be carried out where it is deemed necessary at first sight. ### (26) a preliminary health examination should be carried out by the competent authorities of the member states on all persons submitted to the screening at the external borders with a view to identifying persons in need of immediate care or requiring other measures to be taken , for instance isolation on public health grounds. the specific needs of minors and vulnerable persons should be taken into account. if it is clear from the circumstances that such examination is not needed , in particular because the overall condition of the person appears to be very good , the examination should not take place and the person concerned should be informed of that fact. with regard to third-country nationals apprehended within the territory , the preliminary medical examination should be carried out where it is deemed necessary at first sight.


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


### (30) in order to establish the identity of the persons subject to the screening , a verification should be initiated in the cir in the presence of the person during the screening. during that verification , the biometric data of the person should be checked against the data contained in the cir. where the biometric data of a person cannot be used or if a query with that data fails , the query could be carried out with identity data of the person in combination with travel document data , where such data are available. in accordance with the principles of necessity and proportionality , and where the query indicates that data on that person are stored in the cir , member state authorities should have access to the cir to consult the identity data , travel document data and biometric data of that person , without the cir providing any indication as to which eu information system the data belong to. ### (30) in order to establish the identity of the persons subject to the screening , a verification should be initiated in the cir in the presence of the person during the screening. during that verification , the biometric data of the person should be checked against the data contained in the cir. where the biometric data of a person cannot be used or if a query with that data fails , the query could be carried out with identity data of the person in combination with travel document data , where such data are available. where the query indicates that data on that person are stored in the cir , member state authorities should have access to the cir to consult the identity data , travel document data and biometric data of that person , along with the source of that data.


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


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


### (42) since access to ees , etias , vis and ecris-tcn is necessary for the authorities designated to carry out the screening in order to establish whether the person could pose a threat to the internal security or to public policy , regulation (ec) no 767/2008 , regulation (eu) 2017/2226 , regulation (eu) 2018/1240 and regulation (ec) no 2019/816 , respectively , should be amended to provide for this additional access right which is currently not provided by those regulations. in the case of regulation (eu) no 2019/816 , this amendment should for reasons of variable geometry take place through a different regulation than the present one. ### (42) since access to ees , etias , vis and ecris-tcn is necessary for the authorities designated to carry out the screening in order to establish whether the person could pose a threat to the internal or national security or to public order or policy , regulation (ec) no 767/2008 , regulation (eu) 2017/2226 , regulation (eu) 2018/1240 and regulation (ec) no 2019/816 , respectively , should be amended to provide for this additional access right which is currently not provided by those regulations. in the case of regulation (eu) no 2019/816 , this amendment should for reasons of variable geometry take place through a different regulation than the present one.


### (45) since the objectives of this regulation , namely the strengthening of the control of persons who are about to enter the schengen area and their referral to the appropriate procedures , cannot be achieved by member states acting alone , it is necessary to establish common rules at union level. thus , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union. in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives. ### (45) since the objectives of this regulation , namely the strengthening of the control of persons who seek entry to the schengen area and their referral to the appropriate procedures , cannot be achieved by member states acting alone , it is necessary to establish common rules at union level. thus , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union. in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives.


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


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


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


### the purpose of the screening shall be the strengthening of the control of persons who are about to enter the schengen area and their referral to the appropriate procedures. ### the purpose of the screening shall be the strengthening of the external border and the control of persons who are about to enter the schengen area and their referral to the appropriate procedures.


### 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 objective of the screening shall be the identification of all third-country nationals subject to it and the verification against relevant databases that those persons do not pose a security risk. the screening shall also entail health checks , where appropriate , to identify persons in the need of immediate health care and the ones posing a threat to public health , as well as vulnerability checks to identify vulnerable persons. those checks shall contribute to referring such persons to the appropriate procedure.


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


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


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


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


### are disembarked in the territory of a member state following a search and rescue operation. ### are disembarked in the territory of a member state following a search and rescue operation and do not fulfil the entry conditions set out in article 6 of regulation (eu) 2016/399.


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


### 3. the screening is without prejudice to the application of article 6(5) of regulation (eu) 2016/399 , except the situation where the beneficiary of an individual decision issued by the member state based on article 6(5)(c) of that regulation is seeking international protection. ### 3. the screening shall also apply to persons covered by article 6(5) of regulation (eu) 2016/399.


### 4 authorisation to enter the territory of a member state ### 4 obligations of third country nationals subject to screening


### 1. during the screening , the persons referred to in article 3 , paragraphs 1 and 2 shall not be authorised to enter the territory of a member state. ### 1. during the screening , the persons referred to in article 3 shall not be authorised to enter the territory of a member state.


### 1. during the screening , the persons referred to in article 3 , paragraphs 1 and 2 shall not be authorised to enter the territory of a member state. ### 1. during the screening , the persons referred to in article 3 , paragraphs 1 and 2 shall not be authorised to enter the territory of a member state. this should apply accordingly to persons referred to in article 5.


### member states shall apply the screening to third-country nationals found within their territory where there is no indication that they have crossed an external border to enter the territory of the member states in an authorised manner. ### deleted


### member states shall apply the screening to third-country nationals found within their territory where there is no indication that they have crossed an external border to enter the territory of the member states in an authorised manner. ### member states shall apply the screening to third-country nationals found within their territory where there is no indication that they have crossed an external border to enter the territory of the member states in an authorised manner. these third-country nationals shall be regarded as if they had not entered the territory of the member state , and article 4 shall apply accordingly.


### 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. the screening shall be conducted at appropriate locations identified by the member state.


### 2. in the cases referred to in article 5 , the screening shall be conducted at any appropriate location within the territory of a member state. ### deleted


### 3. in the cases referred to in article 3 , the screening shall be carried out without delay and shall in any case be completed within 5 days from the apprehension in the external border area , the disembarkation in the territory of the member state concerned or the presentation at the border crossing point. in exceptional circumstances , where a disproportionate number of third-country nationals needs to be subject to the screening at the same time , making it impossible in practice to conclude the screening within that time-limit , the period of 5 days may be extended by a maximum of an additional 5 days. ### 3. in the cases referred to in article 3 and 5 , the screening shall be carried out without delay and shall in any case be completed within 14 days from the apprehension in the external border area , the disembarkation in the territory of the member state concerned or the presentation at the border crossing point. in exceptional circumstances , such as where a disproportionate number of third-country nationals needs to be subject to the screening at the same time , making it impossible in practice to conclude the screening or where it is impossible to conclude the security , vulnerability and the age determination procedure within that time-limit , the period of 14 days may be extended by a maximum of an additional 14 days.


### 3. in the cases referred to in article 3 , the screening shall be carried out without delay and shall in any case be completed within 5 days from the apprehension in the external border area , the disembarkation in the territory of the member state concerned or the presentation at the border crossing point. in exceptional circumstances , where a disproportionate number of third-country nationals needs to be subject to the screening at the same time , making it impossible in practice to conclude the screening within that time-limit , the period of 5 days may be extended by a maximum of an additional 5 days. ### 3. the screening shall be carried out without delay and shall in any case be completed within 5 days from the apprehension or the disembarkation in the territory of the member state concerned. in exceptional circumstances , where a disproportionate number of third-country nationals needs to be subject to the screening at the same time , making it impossible in practice to conclude the screening within that time-limit , the period of 5 days may be extended by a maximum of an additional 5 days.


### with regard to persons referred to in article 3(1)(a) to whom article 14 (1) and (3) of regulation (eu) 603/2013 apply , where they remain physically at the external border for more than 72 hours , the period for the screening shall be reduced to two days. ### with regard to persons referred to in article 3(1)(a) to whom article 14 (1) and (3) of regulation (eu) 603/2013 apply , where they subsequently remain physically at the external border for more than 72 hours , the screening shall apply and the period for the screening shall be reduced to two days.


### 5. the screening referred to in article 5 shall be carried out without delay and in any case shall be completed within 3 days from apprehension. ### deleted


### the filling out of a de-briefing form as referred to in article 13; ### the filling out of a screening form as referred to in article 13;


### member states shall designate qualified medical staff to carry out the health check provided for in article 9. national child protection authorities and national anti-trafficking rapporteurs shall also be involved , where appropriate. ### member states shall designate qualified medical staff to carry out the health check provided for in article 9 and the bone testing provided for in article 6. national child protection authorities and national anti-trafficking rapporteurs shall also be involved , where appropriate.


### 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 shall be supported in the performance of the screening by members of the european border and coast guard standing corps and the [european union agency for asylum] in accordance with point (a) of article 40(4) of regulation 2019/1896 on the european border and coast guard and regulation […] on the european union agency for asylum.


### 2. each member state shall establish an independent monitoring mechanism ### 2. each member state shall provide an independent monitoring mechanism , to complement and assist the monitoring undertaken by the european asylum agency in accordance with article 14 of regulation (eu) xxx/xxx [european asylum agency].


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


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


### — to ensure compliance with eu and international law , including the charter of fundamental rights , during the screening; ### — to ensure compliance with eu and international law and the charter of fundamental rights on restrictive measures taken to ensure that the third country national remains at the disposal of the screening authorities during the screening.


### — 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


### — 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. ### — 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 properly investigated , and where applicable , dealt with adequately and without undue delay.


### member states shall put in place adequate safeguards to guarantee the independence of the mechanism. ### deleted


### member states shall put in place adequate safeguards to guarantee the independence of the mechanism. ### member states shall establish a monitoring mechanism or designate an existing mechanism and put in place adequate safeguards to guarantee the independence of the mechanism.


### 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 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. ### the fundamental rights agency shall issue general guidance for member states on the setting up of such mechanism and its independent functioning.


### member states may invite relevant national , international and non-governmental organisations and bodies to participate in the monitoring. ### deleted


### member states may invite relevant national , international and non-governmental organisations and bodies to participate in the monitoring. ### member states may invite relevant national , international and non-governmental organisations and bodies to assist with the monitoring.


### 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 and , in exceptional circumstances , where necessary , orally using interpretation services. it shall be provided in an appropriate manner taking into account the age 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. ### deleted


### 1. third-country nationals submitted to the screening referred to in article 3 shall be subject to a preliminary medical examination with a view to identifying any needs for immediate care or isolation on public health grounds , unless , based on the circumstances concerning the general state of the individual third-country nationals concerned and the grounds for directing them to the screening , the relevant competent authorities are satisfied that no preliminary medical screening is necessary. in that case , they shall inform those persons accordingly. ### 1. third-country nationals submitted to the screening referred to in article 3 and 5 shall be subject to a preliminary examination with a view to identifying any needs for immediate health care or isolation on public health grounds , unless , based on the circumstances concerning the general state of the individual third-country nationals concerned and the grounds for directing them to the screening , the relevant competent authorities are satisfied that no preliminary medical screening is necessary. in that case , they shall inform those persons accordingly. where it is deemed necessary based on the preliminary examination , third-country nationals submitted to the screening referred to in article 3 and 5 shall be subject to a health check.


### 4. where it is deemed necessary based on the circumstances , third-country nationals submitted to the screening referred to in article 5 shall be subject to a preliminary medical examination , notably to identify any medical condition requiring immediate care , special assistance or isolation. ### 4. where it is deemed necessary based on substantiated doubts , third-country nationals submitted to the screening referred to in article 3 and 5 shall be subject to an age assessment or other procedures in accordance with national legislation in order to verify their vulnerabilities.


### 4. where it is deemed necessary based on the circumstances , third-country nationals submitted to the screening referred to in article 5 shall be subject to a preliminary medical examination , notably to identify any medical condition requiring immediate care , special assistance or isolation. ### 4. where it is deemed necessary based on the circumstances , third-country nationals submitted to the screening referred to in article 5 shall be subject to a preliminary medical examination , notably to identify any medical condition requiring immediate care , special assistance or isolation. such examination shall be carried out by the competent health authorities in the member states.


### identity , travel or other documents; ### identity , travel or any other document;


### 2. for the purpose of the identification referred to in paragraph 1 , the competent authorities shall query any relevant national databases as well as the common identity repository (cir) referred to in article 17 of regulation (eu) 2019/817. the biometric data of a third-country national taken live during the screening , as well as the identity data and , where available , travel document data shall be used to that end. ### 2. for the purpose of the identification referred to in paragraph 1 , the competent authorities shall make use of identity management system (idms) tools and query relevant national and international databases , as well as the common identity repository (cir) referred to in article 17 of regulation (eu) 2019/817. the biometric data of a third-country national taken live during the screening , as well as the identity data and , where available , travel document data shall be used to that end.


### 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 or national security or public order or policy. 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.


### 2. where a match is obtained following a query as provided for in article 11(3) against data in one of the information systems , the competent authority shall have access to consult the file corresponding to that match in the respective information system in order to determine the risk to internal security as referred to in article 11(1). ### 2. where a match is obtained following a query as provided for in article 11(3) against data in one of the information systems , the competent authority shall have access to consult the file corresponding to that match in the respective information system in order to determine the risk to internal or national security or public order or policy as referred to in article 11(1).


### 5. the commission shall adopt implementing acts to specify the procedure for cooperation between the authorities responsible for carrying out the screening , interpol national central bureaux , europol national unit , and ecris-tcn central authorities , respectively , to determine the risk to internal security. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 15(2). ### 5. the commission shall adopt implementing acts to specify the procedure for cooperation between the authorities responsible for carrying out the screening , interpol national central bureaux , europol national unit , and ecris-tcn central authorities , respectively , to determine the risk to internal or national security or public order or policy. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 15(2).


### 13 de-briefing form ### 13 screening form


### information on assistance provided by a person or a criminal organisation in relation to unauthorised crossing of the border , and any related information in cases of suspected smuggling. ### information on assistance provided by a person or an organisation in relation to unauthorised crossing of the border , and any related information in cases of suspected smuggling.


### 14 outcome of the screening ### 14 completion of screening


### the third country nationals referred to in article 3(1) point (a) and (b) of this regulation who ### the third country nationals referred to in article 3(1) of this regulation who


### the third country nationals referred to in article 3(1) point (a) and (b) of this regulation who ### the third country nationals referred to in article 3(1) point (a) and (b) and article 5 of this regulation who


### — have not applied for international protection and ### — have not made an application for international protection


### — with regard to whom the screening has not revealed that they fulfil entry conditions set out in article 6 of regulation (eu) 2016/399 , ### deleted


### shall be referred to the competent authorities to apply procedures respecting directive (eu) 2008/115/ec (return directive). ### shall be referred to the competent authorities to swiftly apply procedures in accordance with directive (eu) 2008/115/ec (return directive).


### shall be referred to the competent authorities to apply procedures respecting directive (eu) 2008/115/ec (return directive). ### shall be referred to the competent authorities to apply procedures respecting directive (eu) 2008/115/ec (return directive) including where applicable article 2(2)(a) of that directive.


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


### in cases not related to search and rescue operations , entry may be refused in accordance with article 14 of regulation 2016/399. ### in all cases , entry shall be refused if the conditions in article 14 of regulation 2016/399 are met.


### 2. third-country nationals who made an application for international protection shall be referred to the authorities referred to in article xy of regulation (eu) no xxx/xxx [asylum procedure regulation] , together with the form referred to in article 13 of this regulation. on that occasion , the authorities conducting the screening shall point in the de-briefing form to any elements which seem at first sight to be relevant to refer the third-country nationals concerned into the accelerated examination procedure or the border procedure. ### 2. third-country nationals who made an application for international protection shall be referred to the authorities referred to in article xy of regulation (eu) no xxx/xxx [asylum procedure regulation] , together with the form referred to in article 13 of this regulation. on that occasion , the authorities conducting the screening shall point in the screening form to any elements which seem at first sight to be relevant to refer the third-country nationals concerned into the accelerated examination procedure or the border procedure.


### 2. third-country nationals who made an application for international protection shall be referred to the authorities referred to in article xy of regulation (eu) no xxx/xxx [asylum procedure regulation] , together with the form referred to in article 13 of this regulation. on that occasion , the authorities conducting the screening shall point in the de-briefing form to any elements which seem at first sight to be relevant to refer the third-country nationals concerned into the accelerated examination procedure or the border procedure. ### 2. third-country nationals who made an application for international protection shall be referred to the authorities referred to in article xy of regulation (eu) no xxx/xxx [asylum procedure regulation] , together with the form referred to in article 13 of this regulation. on that occasion , the authorities conducting the screening shall point in the de-briefing form to any elements which seem at first sight to be relevant to refer the third-country nationals concerned into the accelerated examination procedure or the border procedure. a third-country national who pose a threat to the internal security of the union or the public order and security of the member state or are deceptive about their identity shall remain in the border procedure until a decision to grant international protect or a return border procedure has been concluded.


### 4. the third-country nationals referred to in article 5 , who ### deleted


### 7. where the third country nationals referred to in article(s) 3(1) and article 5 are referred to an appropriate procedure regarding asylum or return , the screening ends. where not all the checks have been completed within the deadlines referred to in article 6(3) and (5) , the screening shall nevertheless end with regard to that person , who shall be referred to a relevant procedure. ### 7. where the third country nationals referred to in article(s) 3(1) are referred to an appropriate procedure regarding international protection , relocation or return or where the form referred to in article 13 was passed to these authorities concerning the third-country nationals referred to in article 3(2) , the screening ends. where not all the checks have been completed within the deadlines referred to in article 6(3) , the screening shall nevertheless end with regard to that person , who shall be referred to a relevant procedure.


### 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 the structural dimension of racism , which has historical roots and in some member states dates back to colonialism and slavery while in others exists due to other factors;


### 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 is also mirrored in socioeconomic inequality and poverty , and whereas these factors 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 there are barriers to access justice for victims of racial discrimination; whereas some equality bodies in the member states lack the human and financial resources and/or political will and independence to bridge this gap;


### f. whereas the eu action plan lacks follow-up mechanisms and measurable targets; ### f. whereas the eu action plan is an important step towards tackling racism in the eu; whereas it does not foresee follow-up mechanisms and measurable targets;


### h. whereas the eu institutions need to take concrete steps to ensure sustainable changes towards a fully inclusive and respectful workplace; whereas discrimination is often multidimensional and only an intersectional approach can pave the way to sustainable changes; ### h. whereas the eu institutions need to take concrete steps to ensure sustainable changes towards a fully inclusive and respectful workplace; whereas discrimination is often multidimensional;


### 1. emphasises the urgent need for the union to develop a robust and comprehensive agenda for effectively combating racism and discrimination on all grounds and in all areas in the eu; insists that the union and its institutions must lead by example in the fight against structural and institutional racism and anti-discrimination; ### 1. emphasises the urgent need for the union to develop a robust and comprehensive agenda for effectively combating racism and discrimination on all grounds and in all areas in the eu; insists that the union and its institutions must lead by example in the fight against racism and discrimination;


### 1. emphasises the urgent need for the union to develop a robust and comprehensive agenda for effectively combating racism and discrimination on all grounds and in all areas in the eu; insists that the union and its institutions must lead by example in the fight against structural and institutional racism and anti-discrimination; ### 1. emphasises the urgent need for the union to develop a robust and comprehensive agenda for effectively combating racism and discrimination on all grounds and in all areas in the eu; insists that the union and its institutions must lead by example in the fight against structural and institutional racism and discrimination;


### 2. calls on the commission to assess the implementation of the current eu legal framework for combating discrimination , racism , xenophobia and other types of intolerance in order to determine how to improve it where needed , and to take part in a regular dialogue and exchange of best practices with member states and stakeholders; ### 2. calls on the commission to continue the assessment of the implementation of the current eu legal framework for combating discrimination , racism , xenophobia and other types of intolerance in order to determine how to improve it where needed , and to take part in a regular dialogue and exchange of best practices with member states , local governments and stakeholders; calls for concrete steps to address possible gaps identified in the course of this assessment;


### 3. calls on the council to set up a council gender equality and equality group in order to allow high-level discussions on these issues in a regular and permanent forum; ### 3. calls on the council to continue the work on gender equality issues within the framework of the employment , social policy , health and consumer affairs council (epsco);


### 4. calls on the member states to ensure the full implementation of the racial equality directive; condemns the fact that racial , ethnic , linguistic and religious minorities face structural racism , discrimination , hate crime and hate speech , a lack of access to justice , and sustained socioeconomic inequalities in areas such as housing , healthcare , employment and education , which need to be acknowledged as major barriers to full enjoyment of fundamental rights and key barriers to inclusion and equality; ### 4. calls on the member states to ensure the full implementation of the racial equality directive; condemns the fact that racial , ethnic , linguistic and religious minorities face structural racism , discrimination , hate crime and hate speech , sustained socioeconomic inequalities in areas such as housing , healthcare , employment , education and other essential services , and experience greater difficulties in access to justice system , which need to be acknowledged as major barriers to full enjoyment of fundamental rights and key barriers to inclusion and equality;


### 6. demands that the member states end racial or ethnic profiling in all forms , encompassing artificial intelligence (ai) tools and including in criminal law enforcement , counter-terrorism measures and immigration controls , and to officially recognise and combat practices of unlawful discrimination and violence through anti-racism and anti-bias training for the authorities; ### 6. calls on the member states to ensure that necessary safeguards for the fundamental rights and freedoms of data subjects are in place for the use of ai tools particularly when used by law enforcement; welcomes that the commission's proposal on the artificial intelligence act recognises the uses of ai in law enforcement context as high-risk; recalls that in accordance with union law profiling that results in discrimination against natural persons on the basis of personal data which are by their nature particularly sensitive in relation to fundamental rights and freedoms is prohibited as stipulated in the directive (eu) 2016/680 (articles 10 and 11); stresses the importance of the recognition and combating practices of unlawful discrimination and violence through anti-racism and anti-bias training for the authorities;


### 6. demands that the member states end racial or ethnic profiling in all forms , encompassing artificial intelligence (ai) tools and including in criminal law enforcement , counter-terrorism measures and immigration controls , and to officially recognise and combat practices of unlawful discrimination and violence through anti-racism and anti-bias training for the authorities; ### 6. calls on the member states to end unjust racial or ethnic profiling and to officially recognise and combat practices of unlawful discrimination and violence through anti-racism and anti-bias training for the authorities;


### 6. demands that the member states end racial or ethnic profiling in all forms , encompassing artificial intelligence (ai) tools and including in criminal law enforcement , counter-terrorism measures and immigration controls , and to officially recognise and combat practices of unlawful discrimination and violence through anti-racism and anti-bias training for the authorities; ### 6. underlines that artificial intelligence (ai) , including in criminal law enforcement , counter-terrorism measures and immigration controls , can be effective tools to combat practices of unlawful discrimination and violence through anti-racism and improve the protection of minorities in the eu;


### 7. calls on the member states to monitor racial bias , including in ai datasets , in criminal justice , education systems and social services , and to take proactive steps to ensure equal justice in order to improve relations between authorities and minority communities; calls , furthermore , for the creation of independent complaint mechanisms for all administrative , judiciary and executive branches of the state , in particular law enforcement; ### 7. calls on the member states to monitor racial bias , including in ai datasets , in criminal justice , education systems and social services , and to take proactive steps to ensure equal justice in order to improve relations between authorities and minority communities; calls , furthermore , for the creation of independent complaint mechanisms for all administrative , judiciary and executive branches of the state , in particular law enforcement; stresses the need to streamline anti-discrimination and anti-racism in all institutions of member states’ justice systems , including within the judiciary , prosecution services and law enforcement agencies; calls on the commission and the member states to provide trainings for justice system practitioners with the aim to strengthen their legal and non-legal knowledge and skills in the area of non-discrimination and anti-racism;


### 8. urges the eu institutions to address intersectional forms of discrimination in eu anti-discrimination legislation and policies and to promote an eu framework on intersectional discrimination with cross-cutting objectives and measures; ### 8. urges the eu institutions to address intersectional forms of discrimination in eu anti-discrimination legislation and policies and to promote an eu framework on intersectional discrimination with cross-cutting objectives and measures , including an eu-wide ban for radical hate preachers to enter the common territory;


### 8. urges the eu institutions to address intersectional forms of discrimination in eu anti-discrimination legislation and policies and to promote an eu framework on intersectional discrimination with cross-cutting objectives and measures; ### 8. urges the eu institutions to address all forms of discrimination in eu anti-discrimination legislation and policies and to promote an eu framework on discrimination with cross-cutting objectives and measures;


### 9. emphasises the need to ensure meaningful participation of all groups affected by intersectional discrimination in policymaking at eu , national and local levels , especially racialised groups; ### 9. emphasises the need to ensure meaningful participation of all groups affected by intersectional discrimination in policymaking at eu , national and local levels , especially racialised groups; calls on the commission and member states to amplify the measures against so called 'honour crimes' , which restricts the rights and freedom of minorities , in particular women and girls , to fully participate in society;


### 9. emphasises the need to ensure meaningful participation of all groups affected by intersectional discrimination in policymaking at eu , national and local levels , especially racialised groups; ### 9. emphasises the need to ensure meaningful participation of all groups affected by intersectional discrimination in policymaking at eu , national and local levels;


### 9. emphasises the need to ensure meaningful participation of all groups affected by intersectional discrimination in policymaking at eu , national and local levels , especially racialised groups; ### 9. emphasises the need to ensure meaningful participation of all groups affected by discrimination in policymaking at eu , national and local levels , including ethnic minorities;


### 10. stresses the importance of collecting comparable and robust disaggregated equality data to document discrimination and to tackle inequality holistically , based on voluntary participation , self-identification and informed consent , while protecting anonymity and confidentiality , respecting the key principles of eu data protection legislation and fundamental rights and complying with national legislation; calls on the commission to continue developing a common methodology on this with member states in order to ensure the comparability , accuracy and reliability of the data collected; supports the fra’s work on analysing this data and welcomes further developments in this field , in line with its new mandate; ### 10. stresses the importance of collecting comparable and robust disaggregated equality data in order to fully understand and to document discrimination and to tackle inequality holistically , based on voluntary participation , self-identification and informed consent , while protecting anonymity and confidentiality , ensuring community participation in defining of categories , analysis and evaluation , respecting the key principles of eu data protection legislation and fundamental rights and complying with national legislation; calls on the commission to continue developing a common methodology on this with member states in order to ensure the comparability , accuracy and reliability of the data collected; supports the fra’s work on analysing this data and welcomes further developments in this field , in line with its new mandate and through structured and close cooperation with affected groups;


### 11. calls on all member states to adopt national action plans against racism and discrimination by the end of 2022 , as provided for in the eu anti-racism action plan; highlights the need to continue this eu action plan beyond 2025 and encourages the commission to begin this work before the end of its current mandate; ### 11. calls on all member states to adopt national action plans against racism and discrimination by the end of 2022 , which take into account the historical roots of racism and create a culture of remembrance , as provided for in the eu anti-racism action plan; calls on the commission to increase transparency and participation of racialised groups in the work of the subgroup on national action plans against racism , including by providing information on national contact points; highlights the need to continue this eu action plan beyond 2025 and encourages the commission to begin this work before the end of its current mandate;


### 12. underlines the importance of representation and diversity as a tool for the development of inclusive societies; recalls that the media have a responsibility to reflect societies in all their diversity , and regrets the current lack of diversity at all levels; ### 12. underlines the importance of representation and diversity as a tool for the development of inclusive societies; regrets the current lack of diversity at all levels;


### 12. underlines the importance of representation and diversity as a tool for the development of inclusive societies; recalls that the media have a responsibility to reflect societies in all their diversity , and regrets the current lack of diversity at all levels; ### 12. underlines the importance of representation and diversity as a tool for the development of inclusive societies; recalls that the media have a responsibility to reflect societies in all their diversity , and regrets the current lack of diversity in many media outlets;


### 13. calls on the commission to adopt concrete legislative measures to strengthen the role and independence of equality bodies in member states; ### 13. calls on the commission to adopt concrete legislative measures to strengthen the role and independence of equality bodies in member states and to ensure that they are sufficiently funded in order to perform their tasks , especially when it comes to a better collection of data in view to mapping discrimination and inequalities across the eu;


### 13. calls on the commission to adopt concrete legislative measures to strengthen the role and independence of equality bodies in member states; ### 13. encourages member states to ensure that their equality bodies is well-functioning and independent;


### 14. calls for structural and institutionalised racism , discrimination and the underrepresentation of minorities within the structures of the european institutions to be addressed and for the adoption of a workforce diversity and inclusion strategy; ### 14. calls for racism , discrimination and the underrepresentation of minorities within the structures of the european institutions to be addressed;


### 14. calls for structural and institutionalised racism , discrimination and the underrepresentation of minorities within the structures of the european institutions to be addressed and for the adoption of a workforce diversity and inclusion strategy; ### 14. calls on the european institutions to address structural and institutionalised racism , discrimination and the underrepresentation of minorities within its structures and to develop a workforce diversity and inclusion strategy;


### 15. welcomes the commission’s appointment of the first anti-racism coordinator in 2021 and the continuous re-appointment since 2015 of the coordinator on combating anti-semitism and fostering jewish life; but deplores that the position of anti-muslim hatred coordinator has been left vacant since july 2021; ### 15. welcomes the commission’s appointment of the first anti-racism coordinator in 2021 and the continuous re-appointment since 2015 of the coordinator on combating anti-semitism and fostering jewish life;