### (44) since the effective implementation of the screening is dependent upon correct identification of the individuals concerned and of their security background , the consultation of european databases for that purpose is justified by the same objectives for which each of those databases has been established , that is to say , the effective management of the union's external borders , the internal security of the union and the effective implementation of the union's asylum and return policies. ### (44) the consultation of european databases for the purpose of identification and security checks during the screening can be justified to the extent that it is strictly necessary for achieving that purpose and in accordance with the objectives for which each of those databases has been established.


### (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 identification of persons who enter the schengen area cannot be achieved by member states acting alone , it is necessary to establish common rules at union level. thus , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union. in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives.


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


### 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 object of the screening shall be the identification of all third-country nationals subject to it and the verification against relevant databases that the persons subject to it do not pose a threat to internal security. the screening shall also entail health checks , where appropriate , to identify persons vulnerable and in the need of health care as well the ones posing a threat to public health. those checks shall contribute to referring such persons to the appropriate procedure. ### the purpose of the screening shall be to seek to identify all third-country nationals subject to it and to verify whether the persons subject to it are registered in any of the relevant databases. the screening shall also include mandatory health and vulnerability checks to begin the process of identifying vulnerable persons , those with special reception or procedural needs , and those in need of health care , as well as persons possibly posing a threat to public health.


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


### 1. ‘unauthorised crossing of the external border’ means crossing of an external border of a member state by land , sea or air , at places other than border crossing points or at times other than the fixed opening hours , as referred to in article 5(3) of regulation (eu) 2016/399; ### deleted


### screening at the external border ### scope


### are apprehended in connection with an unauthorised crossing of the external border of a member state by land , sea or air , except third country nationals for whom the member state is not required to take the biometric data pursuant to article 14(1) and (3) of regulation (eu) 603/2013 for reasons other than their age , or ### are apprehended in connection with an irregular crossing of the external borders of a member state by land , sea or air , except third country nationals for whom , for reasons other than their age , the member state is not required to take the biometric data pursuant to article 14(1) and (3) of regulation (eu) 603/2013 , or


### 2. the screening shall also apply to all third-country nationals who apply for international protection at external border crossing points or in transit zones and who do not fulfil the entry conditions set out in article 6 of regulation (eu) 2016/399. ### 2. the screening shall also apply to all third-country nationals who apply for international protection at external border crossing points or at any other part of the external borders or in transit zones and who do not fulfil the entry conditions set out in article 6 of regulation (eu) 2016/399.


### article 4 ### deleted


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


### article 5 ### deleted


### 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 in adequate and official facilities within the territory of the member states where third-country nationals shall have access to appropriate services , including legal advice , free legal aid and linguistic assistance. member states shall ensure that specialised international , non-governmental and civil society organisations and persons providing advice and counselling shall have effective access to third-country nationals in the facilities and locations where the screening takes place , in particular to those held in detention facilities or present at the border crossing points , including transit zones , at external borders.


### 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 , the screening shall be carried out without delay and shall in any case be completed within 5 days from the apprehension. upon the expiry of the 5-day period , the person is to be referred without further delay to the relevant procedure pursuant to article 14 , even if the screening has not been completed , without prejudice to medical and vulnerability checks. 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 then the screening shall not take place and the third-country nationals shall be directly referred to the normal asylum procedure.


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


### 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


### registration of biometric data in the appropriate databases as referred to in article 14(6) , to the extent it has not occurred yet; ### registration of biometric data in accordance with regulation (eu) xxxx/xxxx [eurodac regulation];


### 7. member states shall designate competent authorities to carry out the screening. they shall deploy appropriate staff and sufficient resources to carry out the screening in an efficient way. ### 7. member states shall designate competent authorities to carry out the screening. they shall deploy appropriate staff and sufficient resources to carry out the screening in an efficient way. all the staff of the authorities carrying out the screening shall have the adequate training in order to be fully aware of international human rights and refugee law and the ceas , to be able to comply with the fundamental rights charter in all proceedings and to be able to identify and treat accordingly persons with special needs. member states must ensure that staff of the asylum authorities is involved in the screening so that , even in cases where a third-country national has not submitted an official application for international protection , this need can be recognised and that there can be an adequate assessment of the applicability of the concepts of first country of asylum and safe third country.


### 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 professionals to carry out the health check provided for in article 9 and always in compliance with articles 1 , 3 and 4 of the eu charter of fundamental rights. medical professionals shall be trained in order to be able to properly identify vulnerabilities and persons with special needs and to refer them accordingly. national child protection authorities and national anti-trafficking rapporteurs shall also be involved. member states shall also designate trafficking protection officers that would support the early identification of potential victims and ensure their protection.


### the competent authorities may be assisted or supported in the performance of the screening by experts or liaison officers and teams deployed by the european border and coast guard agency and the [european union agency for asylum] within the limits of their mandates. ### the competent authorities may be assisted or supported in the performance of the screening by experts or liaison officers and teams deployed by the european border and coast guard agency and the [european union agency for asylum] within the limits of their mandates , insofar as the specific staff has the training and qualifications as set out in the above two subparagraphs.


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


### 2. each member state shall establish an independent monitoring mechanism ### 2. for the purposes of paragraph 1 , each member state shall task an independent monitoring mechanism with


### — to ensure compliance with eu and international law , including the charter of fundamental rights , during the screening; ### — ensuring compliance with national , union and international law , including the charter of fundamental rights , during border surveillance , screening , asylum , return and border procedures ,


### — 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; ### — where applicable , ensuring compliance with national and union rules on detention of migrants , in particular concerning the grounds , the necessity and proportionality as well as the duration , the conditions , including access to free legal aid , of the detention


### — 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. ### — triggering and conducting investigations to assess the violation of fundamental rights ,


### member states shall put in place adequate safeguards to guarantee the independence of the mechanism. ### member states shall ensure that the independent monitoring mechanism can carry out its work ensuring , as a minimum , the recommendations of the european committee for the prevention of torture (cpt). in particular , member states and , where appropriate the relevant eu agencies , shall ensure that the independent monitoring mechanism is at all times:


### 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. ### without prejudice to the provisions of the previous paragraphs of this article , 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.


### member states may invite relevant national , international and non-governmental organisations and bodies to participate in the monitoring. ### civil society organisations , which may not be at the moment part of the independent monitoring mechanism , shall be able to alert of potential violations , providing evidence and reports , referring individuals , and representing or filing complaints on their behalf , regardless if at the time the complainants are on the member state’s territory.


### 1. third-country nationals subject to the screening shall be succinctly informed about the purpose and the modalities of the screening: ### 1. member states shall inform , in a clear and comprehensive manner in a language they understand , all third-country nationals subject to the screening about its purpose , duration and modalities as well as of their rights , such as:


### the steps and modalities of the screening as well as possible outcomes of the screening; ### the steps , purpose , duration and the modalities of the screening as well as possible outcomes of the screening;


### the rights and obligations of third country nationals during the screening , including the obligation on them to remain in the designated facilities during the screening. ### the rights and obligations of third country nationals during the screening.


### 2. during the screening , they shall also , as appropriate , receive information on: ### 2. at the beginning of the screening , member states shall provide clear information in a language that each person subject to screening understands , on:


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


### the obligation for illegally staying third-country nationals to return in accordance with directive xxxxx [return directive]; ### the obligation for third-country nationals , where appropriate , to return in accordance with directive xxxxx [return directive];


### the information referred to in article 13 of the regulation (eu) 2016/67935 [gdpr]. ### the rights referred to in article 13 and 15 to 19 included of the regulation (eu) 2016/67935 [gdpr] , in article13 of the directive (eu) 2016/680 [police directive] and in article 15 of the regulation (eu) 2018/1725.


### 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 and a format which the third-country national understands. the information shall be given in writing and orally using interpretation services and clear language , including with the support of adequately trained cultural mediators. it shall be provided in an appropriate manner taking into account the age and the gender of the person , by appropriately trained professionals and at the presence of the representative appointed pursuant to article 9a in case of unaccompanied minors.


### 4. member states may authorise relevant and competent national , international and non-governmental organisations and bodies to provide third country nationals with information under this article during the screening according to the provisions established by national law. ### 4. member states shall authorise relevant and competent national , international and non-governmental organisations and bodies and human rights defenders to access the relevant facilities in order to provide third country nationals , in safe and appropriate conditions , with information under this article during the screening according to the provisions established by national law.


### 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. all third-country nationals submitted to the screening shall be subject to a preliminary medical examination by qualified and adequately trained medical professionals with a view to identifying any needs for health care or isolation on public health grounds.


### 2. where relevant , it shall be checked whether persons referred to in paragraph 1 are in a vulnerable situation , victims of torture or have special reception or procedural needs within the meaning of article 20 of the [recast] reception conditions directive. ### 2. the medical professionals shall check whether the persons referred to in paragraph 1 are in a vulnerable situation or are victims of torture or other degrading and inhuman treatment , are stateless or at risk of statelesness , or have special reception or procedural needs within the meaning of article 21 of the [recast] reception conditions directive and article 20 of regulation (eu) xxxx/xxxx [asylum procedure regulation].


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


### 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. ### deleted


### 1. to the extent it has not yet occurred during the application of article 8 of regulation (eu) 2016/399 , the identity of third-country nationals submitted to the screening pursuant to article 3 or article 5 shall be verified or established , by using in particular the following , in combination with national and european databases: ### 1. to the extent it has not yet occurred during the application of article 8 of regulation (eu) 2016/399 , the identity of third-country nationals submitted to the screening pursuant to article 3 shall be verified or established , by using where applicable the following:


### data or information provided by or obtained from the third-country national concerned; and ### data or information provided by the third-country national concerned; and


### 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 verification or the identification referred to in paragraph 1 , the competent authorities shall query 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 shall be taken only once for the purposes of this regulation and their registration in eurodac. no force or coercion shall be used to ensure the taking of third-country nationals’ personal data , including biometric data. the use of biometric data provided during the screening for the purposes of training , deploying or using biometric identification systems in publicly accessible places , at or around borders or in and around reception facilities shall be prohibited.


### 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 shall undergo a security check to verify whether they are also registered in any of the relevant databases. the security check may cover both the third-country nationals and the objects in their possession. the law of the member state concerned as well as the principles of necessity and proportionality shall apply to any searches carried out. the security check shall not include access to electronic devices in the possession of third-country nationals nor access to their private communications or social media accounts. the security check shall also be part of the elements and actions possible to be scrutinised by the monitoring mechanism referred to in article 7.


### 2. for the purpose of conducting the security check referred to in paragraph 1 , and to the extent that they have not yet done so in accordance with article 8(3) , point (a)(vi) , of regulation (eu) 2016/399 , the competent authorities shall query relevant national and union databases , in particular the schengen information system (sis). ### 2. for the purpose of conducting the security check referred to in paragraph 1 , and to the extent that these checks have not already taken place in accordance with article 8(3) , point (a)(vi) , of regulation (eu) 2016/399 , the competent authorities shall query the schengen information system (sis).


### 3. to the extent it has not been already done during the checks referred to in article 8 of regulation (eu) 2016/399 , the competent authority shall query the entry/exit system (ees) , the european travel information and authorisation system (etias) , including the etias watch list referred to in article 29 of regulation (eu) 2018/1240 , the visa information system (vis) , the ecris-tcn system as far as convictions related to terrorist offences and other forms of serious criminal offences are concerned , the europol data processed for the purpose referred to in article 18(2) , point (a) , of regulation (eu) 2016/794 , and the interpol travel documents associated with notices database (interpol tdawn) with the data referred to in article 10(1) and using at least the data referred to under point (c) thereof. ### deleted


### 4. as regards the consultation of ees , etias and vis pursuant to paragraph 3 , the retrieved data shall be limited to indicating refusals of a travel authorisation , refusals of entry , or decisions to refuse , annul or revoke a visa or residence permit , which are based on security grounds. ### 4. as regards the consultation of ees and vis pursuant to paragraph 3 , the retrieved data shall be limited to indicating refusals of a travel authorisation , refusals of entry , or decisions to refuse , annul or revoke a visa or residence permit , which are based on security grounds. access to cir and use of esp by competent authorities shall be limited to the extent that this is strictly necessary for the performance of their specific tasks in accordance with those purposes , and shall be proportionate to the objectives pursued.


### 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). ### deleted


### 3. where a query as provided for in article 11(3) reports a match against europol data , the competent authority of the member state shall inform europol in order to take , if needed , any appropriate follow-up action in accordance with the relevant legislation. ### deleted


### 4. where a query as provided for in article 11(3) reports a match against the interpol travel documents associated with notices database (interpol tdawn) , the competent authority of the member state shall inform the interpol national central bureau of the member state that launched the query in order to take , if needed , any appropriate follow-up action in accordance with the relevant legislation. ### deleted


### 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). ### deleted


### on completion of the screening , the competent authorities shall , with regard to the persons referred to in article 3 and in article 5 , complete the form in annex i containing: ### on completion of the screening , the competent authorities shall , with regard to the persons referred to in article 3 , complete the form in annex i containing:


### name , date and place of birth and sex; ### name , date and place of birth and sex/gender;


### initial indication of nationalities , countries of residence prior to arrival and languages spoken; ### their initial indication of nationalities or statelesness , countries of residence prior to arrival and languages spoken;


### reason for unauthorised arrival , entry , and , where appropriate illegal stay or residence , including information on whether the person made an application for international protection; ### reason for which screening has been performed and information on whether the person made an application for international protection;


### information obtained on routes travelled , including the point of departure , the places of previous residence , the third countries of transit and those where protection may have been sought or granted as well as the intended destination within the union; ### deleted


### 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. ### deleted


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


### in cases not related to search and rescue operations , entry may be refused in accordance with article 14 of regulation 2016/399. ### in cases not related to search and rescue operations and only for third-country nationals who have not yet entered the territory of the member state and are at a land or air official border crossing point , entry may be refused in accordance with article 14 of regulation 2016/399 which , entails , among others , that the third-country national shall receive a substantiated decision stating the precise reasons for the refusal of entry and shall have the right to appeal.


### 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 have expressed the wish , make or have made an application for international protection shall be referred to the competent authorities referred to in article xy of regulation (eu) no xxx/xxx [asylum procedure regulation] in order for the asylum procedures foreseen in that regulation to be applied.


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


### 5. where third-country nationals submitted to the screening in accordance with article 5 make an application for international protection as referred to in article 25 of regulation (eu) no xxx/xxx (asylum procedures regulation) , paragraph 2 of this article shall apply accordingly. ### deleted


### 6. in respect of third-country nationals to whom regulation eu no xxx/xxx [eurodac regulation] applies , the competent authorities shall take the biometric data referred to in articles [10 , 13 , 14 and 14a] of that regulation (eu) and shall transmit it in accordance with that regulation. ### 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 subject to screening procedures are referred to the appropriate procedure , 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. where it becomes apparent during the screening that the third-country national concerned fulfils the entry conditions set out in article 6 of regulation (eu)2016/399 , the screening shall end. health and vulnerability checks that could not be completed shall be promptly resumed in the next procedure to ensure the persons' specific reception or procedural needs are taken into account.


### article 16 ### deleted


### article 17 ### deleted


### article 18 ### deleted


### a common identity repository (cir) , creating an individual file for each person that is registered in the ees , vis , etias , eurodac or ecris-tcn containing the data referred to in article 18 , is established for the purpose of facilitating and assisting in the correct identification of persons registered in the ees , vis , etias , eurodac and ecris-tcn in accordance with article 20 and 20a , of supporting the functioning of the mid in accordance with article 21 and of facilitating and streamlining access by designated authorities and europol to the ees , vis , etias and eurodac , where necessary for the prevention , detection or investigation of terrorist offences or other serious criminal offences in accordance with article 22. ### a common identity repository (cir) , creating an individual file for each person that is registered in the ees , vis , etias , eurodac or ecris-tcn containing the data referred to in article 18 , is established for the purpose of facilitating and assisting in the correct identification of persons registered in the ees , vis , etias , eurodac and ecris-tcn in accordance with article 20 and 20a , of supporting the functioning of the mid in accordance with article 21 and of facilitating and streamlining access by designated authorities and europol to the ees , vis , etias and eurodac , where necessary for the prevention , detection or investigation of terrorist offences or other serious criminal offences in accordance with article 22. for the purposes of regulation(eu) no xxx/xxx [screening regulation] the query of the cir shall only check against the ees , the vis and the eurodac.


### [three years after entry into force , the commission shall report on the implementation of the measures set out in this regulation.] ### [two years after entry into force , the commission shall report on the implementation of the measures set out in this regulation. the report shall be also presented to the european parliament and shall be public.]


### no sooner than [five] years after the date of application of this regulation , and every five years thereafter , the commission shall carry out an evaluation of this regulation. the commission shall present a report on the main findings to the european parliament , the council and the european economic and social committee. member states shall provide the commission all information necessary for the preparation of that report , at the latest six months before the [five] years’ time limit expires. ### no sooner than [two] years after the date of application of this regulation , and every two years thereafter , the commission shall carry out an evaluation of this regulation. the commission shall present a report on the main findings to the european parliament , the council and the european economic and social committee on its main findings , including the impact of the provisions of this regulation on the fundamental rights and freedoms enshrined in the eu charter of fundamental rights , as well as their added value vis-à-vis the eu asylum and schengen acquis as a whole. member states shall provide the commission all information necessary for the preparation of that report , at the latest six months before the [two] years’ time limit expires.


### — having regard to the establishment in june 2016 of the eu high level group on combating racism , xenophobia and other forms of intolerance , ### — having regard to the establishment in june 2016 of the eu high level group on combatting hate speech and hate crime;


### — having regard to the commission communication of 3 march 2021 entitled ‘union of equality: strategy for the rights of persons with disabilities 2021-2030’ (com(2021)0101) , ### — having regard to the commission communication of 3 march 2021 entitled ‘union of equality: strategy for the rights of persons with disabilities 2021-2030’ (com(2021)0101) , and the united nations convention on the rights of persons with disabilities ratified by the eu and all its member states ,


### — having regard to the commission communication of 3 march 2021 entitled ‘union of equality: strategy for the rights of persons with disabilities 2021-2030’ (com(2021)0101) , ### — having regard to the commission communication of 3 march 2021 entitled ‘union of equality: strategy for the rights of persons with disabilities 2021-2030’ (com(2021)0101) , and the united nations convention on the rights of persons with disabilities ratified by the eu and all its member states;


### — having regard to commission’s common guiding principles for national action plans against racism and racial discrimination of march 2022 , ### — having regard to commission’s common guiding principles for national action plans against racism and racial discrimination drawn up by the subgroup on the national implementation of the eu anti-racism action plan of the commission high level group on non-discrimination , equality and diversity and the high level group on combatting hate speech and hate crime and published in march 2022 ,


### a. whereas the union is founded on the values of respect for human dignity , freedom , democracy , equality , the rule of law and respect for human rights , including the rights of persons belonging to minorities , as set out in article 2 of the teu; whereas the right to equal treatment and non-discrimination is a fundamental right enshrined in the charter and must be fully respected; ### a. whereas the union is founded on the values of respect for human dignity , freedom , democracy , equality , the rule of law and respect for human rights , including the rights of persons belonging to minorities , as set out in article 2 of the teu; whereas the right to equal treatment and non-discrimination is a fundamental right enshrined in the charter and must be fully respected; whereas article 8 of the tfeu stipulates that “in all its activities , the union shall aim to eliminate inequalities , and to promote equality , between men and women”;


### 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 dating back to past persecution , genocide , colonialism and slavery;


### c. whereas according to the fra , racial discrimination and harassment remain normalised throughout the eu10 ; whereas racism and extreme right-wing sentiments and ideology continue to pose serious challenges in our union; ### c. whereas according to the fra , racial discrimination and harassment remain normalised throughout the eu10 ; whereas racism and extreme right-wing sentiments and ideology are on the rise and continue to pose serious threats to the safety of racialized people and a democratic society;


### 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 structural and institutionalised racism is also mirrored in socioeconomic inequality and poverty , and whereas these factors interact and reinforce each other; whereas this is reflected in the labour market , where racialized persons are over-represented in unemployment and precarious jobs such as in the gig economy;


### 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 the justice systems are structurally biased against racialised groups ; whereas equality bodies in the member states lack the human and financial resources and/or political will and independence to bridge this gap; whereas the eu’s anti-discrimination framework is unevenly transposed into member state legislation limiting the efficacy of equality bodies;


### 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 equality bodies in many member states lack the human and financial resources and/or the necessary independence to bridge this gap , including because of insufficient political will;


### f. whereas the eu action plan lacks follow-up mechanisms and measurable targets; ### f. whereas the eu action plan against racism lacks follow-up mechanisms and clear targets; whereas this is not a binding document;


### g. whereas the racial equality directive has been insufficiently implemented by the member states; ### g. whereas the racial equality directive has been insufficiently implemented by the member states; whereas the racial equality directive (red) requires updating to contend with modern developments such as racial bias in artificial intelligence and algorithmic decision making that negatively impacts marginalised and racialised peoples; whereas the red does not cover all forms and grounds of discrimination such as intersectional and structural discrimination and discrimination against third country nationals; whereas the red does not cover actions by public authorities , including law enforcement;


### 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 and only an intersectional approach can pave the way to sustainable changes , stemming from histories , policies and practices of racism deeply embedded in societal structures;


### 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 and to decent and quality jobs; whereas discrimination is often multidimensional and only an intersectional approach can pave the way to sustainable changes;


### 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 and employ a robust , comprehensive , and multifaceted approach for effectively combating structural and institutional racism and discrimination on all grounds , and in all areas , including intersectionality 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 assessing the implementation of the current eu legal framework for combating discrimination , racism , xenophobia , hate speech and hate crime , 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 , racialised groups and other stakeholders; calls on the commission to mainstream equality concerns in particular anti-racism and diversity concerns in all its policy work , including funding of projects on a member state , regional and local level; calls to take concrete steps following the assessment , infringement procedures to address gaps immediately;


### 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 regularly 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;


### 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 set up a council gender equality and equality group in order to allow high-level discussions on these issues , including intersectional discrimination , in a regular and permanent forum; calls on the commission to present a new , up to date proposal for an eu equal treatment directive which also addresses intersectional discrimination , explicitly prohibiting discrimination in a combination of all grounds; insists that this proposal should ensure a provision prohibiting discrimination on the grounds of sexual orientation and gender identity , class and migration status;


### 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;


### 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 and of the employment equality directive; condemns the fact that racial , ethnic , linguistic religious; and migrant minorities , and lgbtqi persons face structural racism , discrimination , hate crime and hate speech , a lack of access to justice , and others essential services , and sustained socioeconomic inequalities in areas such as housing , healthcare , employment; education , as well as mental health , sexual and reproductive health care which need to be acknowledged as major barriers to full enjoyment of fundamental rights and key barriers to inclusion and equality , leading to poverty and social exclusion;


### 5. regrets that 14 years after the adoption of the framework decision on racism and xenophobia , several member states have not yet fully and correctly transposed its provisions into national law; calls on the member states to put measures in place that encourage victims and witnesses to come forward and report hate crime , and strengthen the ability of national law enforcement systems to correctly identify and record it; ### 5. regrets that 14 years after the adoption of the framework decision on racism and xenophobia , several member states have not yet fully and correctly transposed its provisions into national law; regrets the inactivity of the commission in that respect and calls on all member states and the commission to ensure , including by infringement procedures , that the transposition of the framework decision fully respects all fundamental rights as enshrined in the charter of fundamental rights of the eu and to strengthen its effective implementation and monitoring; calls on the member states to put in place relevant standards and measures relating to the protection of victims seeking redress , before , during and after criminal investigations and proceedings , in line with the eu directive on the rights of victims of crime , and strengthen the national law enforcement systems to correctly identify and record it; calls on the member states to review the bias indicators on reporting templates and to include institutional violence and/or violence from law enforcement authorities in the provisions;


### 5. regrets that 14 years after the adoption of the framework decision on racism and xenophobia , several member states have not yet fully and correctly transposed its provisions into national law; calls on the member states to put measures in place that encourage victims and witnesses to come forward and report hate crime , and strengthen the ability of national law enforcement systems to correctly identify and record it; ### 5. regrets that 14 years after the adoption of the framework decision on racism and xenophobia , several member states have not yet fully and correctly transposed its provisions into national law;


### 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. is gravely concerned about the use of intrusive biometric surveillance technologies and long-range acoustic devices at eu external borders; 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 , immigration , and access to social protection schemes controls , and to officially recognise and combat practices of unlawful discrimination and violence through , amongst many other measures , education and subsequent implementation , for the authorities;


### 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 , social and essential 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;


### 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 , including roma , muslim , jewish , people of african and asian descent , sami people and to effectively engage and fund anti-racist civil society and grassroots organisations; insists that anti-racist human rights defenders have to be protected and supported in their work;


### 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 the definition of categories , the analysis and evaluation , respecting 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 through structured 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 with regards to slavery and colonialism , as provided for in the eu anti-racism action plan; highlights the need to continue this eu action plan beyond 2025and encourages the commission to begin this work before the end of its current mandate; calls on the european commission to increase transparency and participation of racialised groups in the work of the napar subgroup , including by providing information about national contact points on napar;


### 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 , 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;


### 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. stresses the need to ensure gender balanced participation and , effective representation of all groups at risk of racial discrimination , including roma , muslim , jewish , people of african and asian descent , 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;


### 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 and member states to adopt strong and concrete legislative measures to strengthen the role , ressources and independence of equality bodies in member states; , including regarding their legal standing before the courts in individual and collective complaints and ex officio , their legally binding decision power and ability to identify and sanction intersectional discrimination which often affects racialised women; urges member states to ensure that the mandate of all equality bodies covers all forms of discrimination , including victimisation and hate speech;


### 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 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 with targeted measures for all racialised groups; calls on all eu institutions and agencies to challenge eurocentric perspectives and to stress the universality of human rights;


### 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; but deplores that the position of coordinator on combating anti-muslim hatred has been left vacant since july 2021 and calls for the position to be filled immediately; calls on the commission to ensure that the permanent forum of civil society organisations is formally included in the creation of relevant policies and legislation , including through a re-structuring and increased transparency of european commission's services , high-level groups and subgroups related to anti-racism;


### 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; but deplores that the position of anti-muslim hatred coordinator has been left vacant since july 2021; demands the immediate appointment and reminds that these positions should be permanent and therefore coordinators should be sustained and supported financially;


### 16. underlines the need for a monitoring and accountability mechanism to ensure the effective application of eu anti-racism legislation and policy; ### 16. underlines the need for a monitoring and accountability mechanism to ensure the effective application of eu anti-racism legislation and policy and highlights the importance of the participation of civil society organisations in this process; calls for the adoption of a council recommendation on national action plans against racism in order to strengthen the commitment and monitoring mechanism of the common guiding principles on napar and subsequent indicators of progress;


### 16. underlines the need for a monitoring and accountability mechanism to ensure the effective application of eu anti-racism legislation and policy; ### 16. underlines the need for a monitoring and accountability mechanism to ensure the effective application of eu anti-racism legislation and policy; calls for the commission to initiate infringement proceedings swiftly against member states that are shown to be in breach;


### 17. calls for the systematic integration of issues related to anti-racism , discrimination and intersectionality into its annual reports on fundamental rights and the rule of law; calls for this dimension to be fully integrated and reflected in the final report of the panel of independent experts to be set up through the public procurement procedure requested by parliament’s bureau as part of the rule of law report; ### 17. calls for the systematic integration of issues related to racism , intersectional discrimination , and socio-economic inequalities into its annual reports on fundamental rights and the rule of law; calls on including a dedicated chapter on civic space and human rights defenders , reflecting challenges of migrant and anti-racist organisations; calls for these dimensions to be fully integrated and reflected in the final report of the panel of independent experts to be set up through the public procurement procedure requested by parliament’s bureau as part of the rule of law report;


### 17. calls for the systematic integration of issues related to anti-racism , discrimination and intersectionality into its annual reports on fundamental rights and the rule of law; calls for this dimension to be fully integrated and reflected in the final report of the panel of independent experts to be set up through the public procurement procedure requested by parliament’s bureau as part of the rule of law report; ### 17. calls for the systematic integration of issues related to anti-racism , discrimination and intersectionality into its annual reports on fundamental rights and the rule of law; including a summary of the situation of each member state as regards the implementation of the eu antiracism action plan; calls for this dimension to be fully integrated and reflected in the final report of the panel of independent experts to be set up through the public procurement procedure requested by parliament’s bureau as part of the rule of law report;


### (7) the correct functioning of the authorities that apply the schengen acquis should be taken into account in all the evaluations in line with the european council conclusions of 1 and 2 march 2012. the evaluation should also cover the practices of private entities , such as airlines or external service providers , as far as they are involved in or affected by the implementation of the schengen acquis while cooperating with the member states. equally , given the increasing role of union bodies , offices and agencies in the implementation of the schengen acquis , the evaluation and monitoring mechanism should support the verification of the activities of these union bodies , offices and agencies in so far as they perform functions on behalf of the member states to assist in the operational application of provisions of the schengen acquis. verification of these activities in this regard should be embedded into the evaluation of the member states and carried out without prejudice to and in full respect of the responsibilities attributed to the commission and to the relevant governing bodies of the agencies , offices and bodies concerned by their establishing regulations and their own evaluation and monitoring procedures therein. should evaluations identify deficiencies in relation to functions fulfilled or supported by union bodies , offices and agencies , the commission should inform their relevant governing bodies. ### (7) the correct functioning and compliance to the charter of fundamental rights of the eu of the authorities that apply the schengen acquis should be taken into account in all the evaluations in line with the european council conclusions of 1 and 2 march 2012. the evaluation should also cover the practices of private entities , such as airlines or external service providers , as far as they are involved in or affected by the implementation of the schengen acquis while cooperating with the member states. equally , given the increasing role of union bodies , offices and agencies in the implementation of the schengen acquis , the evaluation and monitoring mechanism should support the verification of the activities of these union bodies , offices and agencies in so far as they perform functions on behalf of the member states to assist in the operational application of provisions of the schengen acquis. verification of these activities in this regard should be embedded into the evaluation of the member states and carried out without prejudice to and in full respect of the responsibilities attributed to the commission and to the relevant governing bodies of the agencies , offices and bodies concerned by their establishing regulations and their own evaluation and monitoring procedures therein. should evaluations identify deficiencies in relation to functions fulfilled or supported by union bodies , offices and agencies , the commission should inform their relevant governing bodies.


### (8) evaluation and monitoring activities should be targeted , taking into account the results of previous evaluations and the results of national quality control mechanisms. they should be supported by reinforced cooperation with union bodies , offices and agencies , their systematic involvement in schengen evaluations and by improved risk analyses and information sharing. this cooperation and involvement concerns in particular the european border and coast guard agency (‘frontex’) , the european union agency for the operational management of large-scale it systems (eu-lisa) , the union agency for law enforcement cooperation (europol) , the european agency for fundamental rights and the european data protection supervisor. the cooperation should also become more reciprocal and the agencies should not only be contributors , but also benefit from being involved in the evaluation and monitoring mechanism. ### (8) evaluation and monitoring activities should be targeted , taking into account the results of previous evaluations and the results of national quality control mechanisms. they shall request cooperation with union bodies , offices and agencies , their systematic involvement in schengen evaluations and by improved risk analyses and information sharing. this cooperation and involvement concerns in particular the european border and coast guard agency (‘frontex’) , the european union agency for the operational management of large-scale it systems (eu-lisa) , the union agency for law enforcement cooperation (europol) , the european agency for fundamental rights and the european data protection supervisor. the cooperation should also become more reciprocal and the agencies should not only be contributors , but also benefit from being involved in the evaluation and monitoring mechanism.


### (10) during the evaluation , particular attention should be paid to verifying respect for fundamental rights in the application of the schengen acquis in addition to the evaluation of the correct implementation and application of the data protection requirements of the schengen acquis carried out by separate evaluations. to increase the capacity of the evaluation and monitoring mechanism to identify violations of fundamental rights in relevant policy areas , additional measures should be implemented. schengen evaluators should be properly trained in this regard , relevant information from the european agency for fundamental rights should be better utilised and its experts better involved in the design and implementation of evaluations. furthermore , evidence which is made public or provided through independent monitoring mechanisms or by relevant third parties at their own initiative such as ombudspersons , authorities monitoring the respect of fundamental rights , non-governmental and international organisations , should be taken into account in the programming , design and implementation of evaluations. ### (10) during the evaluation , particular attention should be paid to ensuring respect for fundamental rights in the application of the schengen acquis in addition to the evaluation of the correct implementation and application of the data protection requirements of the schengen acquis carried out by separate evaluations. to increase the capacity of the evaluation and monitoring mechanism to identify violations of fundamental rights in relevant policy areas , additional measures should be implemented , taking into consideration the cross-border nature of the issues related to the application of the schengen acquis and accountability of national and union authorities. schengen evaluators should be properly trained in this regard , information provided by the european agency for fundamental rights shall be better utilised and its experts consulted upon in the design and implementation of evaluations. furthermore , evidence which is made public or provided through independent monitoring mechanisms or by relevant third parties at their own initiative such as ombudspersons , authorities monitoring the respect of fundamental rights , non-governmental organisations , international organisations and journalists should be taken into account in the programming , design and implementation of evaluations.


### (14) unannounced visits , being one of the most effective tools to verify member states practices should , depending on their purpose , take place without prior notification to the member state concerned or with only short prior notification. unannounced visits without prior notification should take place for ‘investigative’ purposes in order to verify compliance with obligations under the schengen acquis , including , in response to indications as regards the emergence of systemic problems that could potentially have a significant impact on the functioning of the schengen area or to fundamental rights violations , in particular allegations of serious violations of fundamental rights at the external borders. in such cases , the provision of advance notice would defeat the objective of the visit. unannounced visits with a 24-hour advance notice should take place if the main purpose of the visit is to carry out a random check of the member state’s implementation of the schengen acquis. ### (14) unannounced visits , being one of the most effective tools to verify member states practices must take place without prior notification to the member state concerned or with only short prior notification. unannounced visits should take place in order to verify compliance with obligations under the schengen acquis , including , in response to indications of the emergence of systemic deficiencies that could have a significant impact on the functioning of the schengen area or to fundamental rights violations , in particular allegations of serious violations of fundamental rights at the external borders. in such cases , the provision of advance notice would defeat the objective of the visit.


### (22) in addition , where evaluations identify a serious deficiency , specific provisions should apply to ensure the prompt adoption of remedial measures. given the risk posed by such deficiency , as soon as the evaluated member state is informed about a serious deficiency , the evaluated member state should start immediately implementing actions to remedy the deficiency including , where necessary , mobilising all available operational and financial means. remedial action should be subject to tighter deadlines and closer political scrutiny and monitoring throughout the process. in this regard , the commission should immediately inform the council and the european parliament when an evaluation establishes the existence of a serious deficiency and organise a ‘serious deficiency’ revisit no later than one year from the date of the evaluation to verify whether the member state has remedied the shortcomings concerned. the commission should present a revisit report to the council following the revisit. ### (22) in addition , where evaluations identify a serious deficiency , a set of specific provisions under a clear timeline together with the consequences of inaction shall be provided to ensure the prompt adoption of remedial measures. given the risk posed by such deficiency , as soon as the evaluated member state is informed about a serious deficiency , the evaluated member state should start immediately implementing actions to remedy the deficiency including , where necessary , mobilising all available operational and financial means. remedial action should be subject to tighter deadlines and closer political scrutiny and monitoring throughout the process. in this regard , the commission should immediately inform the council and the european parliament when an evaluation establishes the existence of a serious deficiency and organise a ‘serious deficiency’ revisit no later than six months from the date of the evaluation to verify whether the member state has remedied the shortcomings concerned. the commission should present a revisit report to the council following the revisit.


### ‘serious deficiency’ means one or more deficiencies which concern the effective application of key elements of the schengen acquis and which individually or in combination , have , or risk to have over time , a significant negative impact on the rights of individuals or on the functioning of the schengen area; ### ‘serious deficiency’ means one or more deficiencies which concern the effective application of the schengen acquis and which individually or in combination , have , or risk to have over time , a negative impact on the fundamental rights of individuals and/or on the functioning of the schengen area;


### ‘team’ means a group comprising experts designated by member states and commission representatives who carry out evaluations and monitoring activities. ### ‘team’ means a group comprising experts designated by member states , commission representatives and union observers who carry out evaluations and monitoring activities.


### 5. the commission shall be responsible for making the necessary travel arrangements to and from the visited member state for the commission representatives and member state experts in the teams. ### 5. the commission shall be responsible for making the necessary travel arrangements to and from the visited member state for the commission representatives and member state experts in the teams together with experts from civil society organisations.


### the commission shall bear the travel and accommodation costs for experts and the observer referred to in article 16(2) participating in the visits. ### the commission shall bear the travel and accommodation costs for experts and the observer referred to in this article and article 16(2) participating in the visits.


### to evaluate practices at internal borders; ### to evaluate practices at internal and external borders and locations where alleged violations of fundamental rights have taken place;


### 1. the commission shall use the results of relevant mechanisms and instruments , including evaluation and monitoring activities of union bodies , offices and agencies which are involved in the implementation of the schengen acquis and of the european union agency for fundamental rights as well as of independent national monitoring mechanisms and bodies and other national quality control mechanisms in preparing the evaluation and monitoring activities , to improve awareness on the functioning of the schengen area and to avoid the duplication of efforts and conflicting measures. ### 1. the commission shall use the results of relevant mechanisms and instruments , including evaluation and monitoring activities of union bodies , offices and agencies which are involved in the implementation of the schengen acquis such as the independent monitoring mechanism as set out in article 7 of the screening regulation and of the european union agency for fundamental rights as well as of independent national monitoring mechanisms and bodies and other national quality control mechanisms in preparing the evaluation and monitoring activities , during visits (announced or unannounced) to improve awareness on the functioning of the schengen area and to avoid the duplication of efforts and conflicting measures.


### 3. the commission may share with relevant national and union bodies , offices and agencies referred to in paragraph 1 in a secure and timely manner details of evaluation reports , action plans and updates on the implementation of the action plans. ### 3. the commission shall share with relevant national and union bodies , offices and agencies referred to in paragraph 1 in a secure and timely manner details of evaluation reports , action plans and updates on the implementation of the action plans.


### in the programming and implementation of the evaluations and monitoring activities , the commission shall take into account information provided by third parties , including independent authorities , non-governmental organisations and international organisations. ### in the programming and implementation of the evaluations and monitoring activities and including during the formation of recommendations , the commission shall take into account information and recommendations provided by third parties , including independent authorities , non-governmental organisations , international organisations and journalists.


### 4. unannounced visits shall take place without prior notification to the member state concerned. by way of exception , the commission may notify the member state concerned at least 24 hours before such visit is to take place when the main purpose of the unannounced visit is a random verification of the implementation of the schengen acquis. ### 4. unannounced visits shall take place without prior notification to the member state concerned.


### the commission shall establish the detailed programme for unannounced visits. where member states have been notified , the commission may consult the timetable and detailed programme with the member state concerned. ### the commission shall establish the detailed programme for unannounced visits.


### on duly justified imperative grounds of urgency relating to the serious deficiency , the commission shall adopt the evaluation report no later than six weeks after the end of the evaluation activity by means of an implementing act in accordance with the procedure referred to in article 29(4). ### on duly justified imperative grounds of urgency relating to the serious deficiency , the commission shall adopt the evaluation report no later than three weeks after the end of the evaluation activity by means of an implementing act in accordance with the procedure referred to in article 29(4).


### 6. the evaluated member state shall submit to the commission and the council its action plan within one month of the adoption of the recommendations. the commission shall transmit that action plan to the european parliament. ### 6. the evaluated member state shall submit to the commission and the council its action plan within two weeks of the adoption of the recommendations. the commission shall transmit that action plan to the european parliament.


### 7. to verify the progress made in the implementation of the recommendations related to the serious deficiency , the commission shall organise a revisit that is to take place no later than one year from the date of the evaluation activity. ### 7. to verify the progress made in the implementation of the recommendations related to the serious deficiency , the commission shall organise a revisit that is to take place no later than six months from the date of the evaluation activity.


### (31) where a jit has multiple jit space administrators , those jit space administrators should agree among themselves , as soon as the jit collaboration space including third countries is established , about one of them to be controller of the data uploaded by those third countries. ### deleted


### (2) ‘communication software’ means software that facilitates remote access to systems and the exchange of files and messages in text , audio or video formats between jits collaboration platform users; ### (2) ‘communication software’ means software that facilitates the exchange of files and messages in text , audio or video formats between jits collaboration platform users;


### (5) ‘jits collaboration platform users’ means jit members , eurojust , europol , olaf and other competent union bodies , offices and agencies; ### (5) ‘jits collaboration platform users’ means jit members , eurojust , europol and olaf ;


### (8) ‘operational data’ means information and evidence processed by the jits collaboration platform during the operational phase of a jit to support cross-border investigations and prosecutions; ### (8) ‘operational data’ means information processed by the jits collaboration platform during the operational phase of a jit to support cross-border investigations and prosecutions;


### (9) ‘non-operational data’ means administrative data processed by the jits collaboration platform , notably to facilitate the management of the jit and daily cooperation between jits collaboration platform users. ### (9) ‘administrative data’ means data processed by the jits collaboration platform in order to facilitate the management of the jit and cooperation between jits collaboration platform users.


### the daily coordination and management of a jit , through a set of functionalities supporting the administrative and financial processes within the jit; ### the coordination and management of a jit , through a set of functionalities supporting the administrative and financial processes within the jit;


### the exchange and temporary storage of operational information and evidence , including large files , through an upload and download functionality; ### the exchange and temporary storage of operational information , including large files , through an upload and download functionality;


### evidence traceability through a business logging mechanism allowing to keep track of all evidence exchanged through the jits collaboration platform; ### information traceability through a business logging mechanism allowing to keep track of all information exchanged through the jits collaboration platform;


### 2. the centralised information system shall be hosted by eu-lisa at its technical sites. ### deleted


### the list of functionalities required for the daily coordination and management of a jit; ### the list of functionalities required for the coordination and management of a jit;


### 1. eurojust , europol , the european public prosecutor’s office , olaf and other competent union bodies , offices and agencies shall make the necessary technical arrangements to enable them to access the jits collaboration platform. ### 1. eurojust , europol , the european public prosecutor’s office , and olaf shall make the necessary technical arrangements to enable them to access the jits collaboration platform.


### 1. following the signature of a jit agreement , a jit collaboration space shall be created within the jits collaboration platform for each jit. ### 1. following the signature of a jit agreement , a jit collaboration space shall be created within the jits collaboration platform for the respective jit.


### 2. the jit collaboration space shall be opened by the jit space administrator or administrators , with the technical support of eu-lisa. ### 2. the jit collaboration space shall be opened by eu-lisa.


### 5. the jit space administrator or administrators may decide to grant other competent union bodies , offices and agencies access to a jit collaboration space for the purpose of fulfilling tasks set out in their basic acts. ### deleted


### 3. member states shall ensure that their transfers of personal data to third countries that have been granted access to a jit collaboration space only take place where the conditions laid down in chapter v of directive 2016/680 are met. ### 3. member states shall ensure that their transfers of personal data to third countries that have been granted access to a jit collaboration space only take place where the conditions laid down in chapter v of directive 2016/680 , or in the case of administrative data , chapter v of regulation (eu) 2016/679 of the european parliament and of the council , are met.


### 1. where a member state , eurojust , europol , the european public prosecutor’s office , olaf or any other competent union body , office or agency , as a consequence of a failure on their part to comply with their obligations under this regulation , cause damage to the jits collaboration platform , that member state , eurojust , europol , the european public prosecutor’s office , olaf or other competent union body , office or agency respectively , shall be held liable for such damage , insofar as eu-lisa fails to take reasonable measures to prevent the damage from occurring or to minimise its impact. ### 1. where a member state , eurojust , europol , the european public prosecutor’s office , or olaf , as a consequence of a failure on their part to comply with their obligations under this regulation , cause damage to the jits collaboration platform , that member state , eurojust , europol , the european public prosecutor’s office , or olaf , shall be held liable for such damage , insofar as eu-lisa fails to take reasonable measures to prevent the damage from occurring or to minimise its impact.


### 1. operational data pertaining to each jit collaboration space shall be stored in the centralised information system for as long as needed for all concerned jits collaboration platform users to complete the process of its downloading. the retention period shall not exceed four weeks. ### 1. operational data pertaining to each jit collaboration space shall be stored in the centralised information system only for as long as needed for all concerned jits collaboration platform users. the retention period shall not exceed four weeks after the end of operation of a jit.


### 2. upon expiry of the retention period referred to in paragraph 1 , the data record shall be automatically erased from the centralised system. ### 2. upon expiry of the retention period referred to in paragraph 1 , the data record shall be automatically and permanently erased from the centralised system.


### 1. each competent national authority of a member state , and where appropriate , eurojust , europol , the european public prosecutor’s office , olaf or any other competent union body , office or agency shall be considered to be data controllers in accordance with applicable union data protection rules for the processing of personal data under this regulation. ### 1. each competent national authority of a member state or a third country , and where appropriate , eurojust , europol , the european public prosecutor’s office , or olaf shall be considered to be joint data controllers in accordance with applicable union data protection rules for the processing of personal data under this regulation.


### 2. with regard to data uploaded to the jits collaboration platform by the competent authorities of third countries , one of the jit space administrators is to be considered data controller as regards the personal data exchanged through , and stored in the jits collaboration platform. ### deleted


### the exchange of operational information and evidence between the jits collaboration platform users; ### the exchange of operational information between the jits collaboration platform users for the purpose of which the particular jit has been set up;


### 2. access to the jits collaboration platform shall be limited to duly authorised staff of the competent member states’ and third country authorities , eurojust , europol , the european public prosecutor’s office , olaf and other competent union bodies , offices or agencies , to the extent needed for the performance of their tasks in accordance with the purposes referred to in paragraph 1 , and to what is necessary and proportionate to the objectives pursued. ### 2. access to the jits collaboration platform shall be limited to duly authorised staff of the competent member states’ and third country authorities , eurojust , europol , the european public prosecutor’s office , and olaf , to the extent needed for the performance of their tasks in accordance with the purposes referred to in paragraph 1 , and to what is necessary and proportionate to the objectives pursued.


### the identifying mark of jit’s collaboration platform user who accessed the centralised information system; ### the identifying mark of agents of jits collaboration platform users who accessed the centralised information system;


### the date , time zone and access time of the operation carried out by the jit’s collaboration platform user; ### the date , time zone and access time of each operation carried out by the jits collaboration platform users;


### the operation carried out by the jit’s collaboration platform user. ### the operation carried out by the jits collaboration platform users.


### 4. on request , eu-lisa shall make the logs available to the competent authorities of the member states without undue delay. ### 4. on request , eu-lisa shall make the logs available to the competent authorities of the member states who participated in a particular jit without undue delay.


### 2. where the commission has determined the date of start of operations in accordance with paragraph 1 , it shall communicate that date to the member states , eurojust , europol , the european public prosecutor’s office and olaf. ### 2. where the commission has determined the date of start of operations in accordance with paragraph 1 , it shall communicate that date to the european parliament , the member states , eurojust , europol , the european public prosecutor’s office and olaf.


### 4. the jits collaboration platform users shall start using the jits collaboration platform from the date determined by the commission in accordance with paragraph 1. ### 4. the jits collaboration platform users may start using the jits collaboration platform from the date determined by the commission in accordance with paragraph 1.


### (6) visa applicants should be able to apply for a visa online through a single eu platform , regardless of the member state of destination. this tool should automatically determine which member state is competent to examine an application , in particular where the applicant intends to visit several member states. member states will only need to check whether the tool determined the correct competent member state. ### (6) visa applicants should be able to apply for a visa online through a single eu platform , regardless of the member state of destination. this tool should automatically determine which member state is competent to examine an application , in particular where the applicant intends to visit several member states. member states will only need to check whether the tool determined the correct competent member state. the existence of this tool should not be the only means by which a third country national would be able to apply for a short-stay visa to the eu , hence , member states should ensure that via their consular authorities.


### (7) the eu online application platform should provide the applicant with up-to-date information on schengen short-stay visas and a guidance tool with which the applicant can find all the necessary information regarding the requirements and procedures , such as , but not limited to , whether a visa is required and what type of visa; the amount of the visa fee; the member state competent for handling the application; the supporting documents required; the need for an appointment to collect biometrics or the possibility to apply online without an appointment. the eu application platform should also allow to establish a secure electronic communication between the applicant and the competent consulate or the central authorities of the competent member state by electronic means , should additional documents or an interview be required. ### (7) the eu online application platform should provide the applicant , in a large variety of languages and in formats that take into account visual impairments , with up-to-date information on schengen short-stay visas and a guidance tool with which the applicant can find all the necessary information regarding the requirements and procedures , such as , but not limited to , whether a visa is required and what type of visa; the amount of the visa fee; the member state competent for handling the application; the supporting documents required; the need for an appointment to collect biometrics or the possibility to apply online without an appointment; the relevant national and union authorities responsible for data protection as well as the necessary information for the third-country national to be able to exercise their rights as data subject under national and union law. the eu application platform should also allow to establish a secure electronic communication between the applicant and the competent consulate or the central authorities of the competent member state by electronic means , should additional documents or an interview be required.


### (8) visa applicants should be able to submit their application , provide data required in the application form , provide a scanned copy of the travel document , and provide supporting documents and travel medical insurance in digital format through the eu application platform. in order to enable applicants to save information relating to their application , the online application platform should be able to store data temporarily. once the applicant has submitted the online application and the member states perform the appropriate checks , the application file will be transferred to the national system of the competent member state and stored there. consulates would consult the information stored at a national level and push only the required data to the central vis. ### (8) visa applicants should be able to submit their application , provide data required in the application form , provide an electronic copy of the travel document , and provide supporting documents and travel medical insurance in digital format through the eu application platform. in order to enable applicants to save information relating to their application , the online application platform should be able to store data temporarily and strictly for as long as this is necessary for the completion of the relevant task. once the applicant has submitted the online application and the member states perform the appropriate checks , the application file will be transferred to the national system of the competent member state and stored there. consulates would consult the information stored at a national level and push only the required data to the central vis. the similar should apply for those applications made via other means , directly to a consular authority of a member state.


### (31a) in order to increase the efficiency of procedures and to reduce the risk of absconding and the likelihood of unauthorised movements , there should be no procedural gaps between the issuance of a negative decision on an application for international protection and of a return decision. a return decision should immediately be issued to applicants whose applications are rejected. without prejudice to the right to an effective remedy , the return decision should either be part of the negative decision on an application for international protection or , if it is a separate act , be issued at the same time and together with the negative decision.’ ### deleted


### (39a) ‘in the interest of swift and fair procedures for all applicants , whilst also ensuring that the stay of applicants who do not qualify for international protection in the union is not unduly prolonged , including those who are nationals of third countries exempt from the requirement to be in a possession of a visa pursuant to regulation (eu) no 2018/1806 , member states should accelerate the examination of applications of applicants who are nationals or , in the case of stateless persons , formerly habitual residents of a third country for which the share of decisions granting international protection is lower than 20% of the total number of decisions for that third country. where a significant change has occurred in the third country concerned since the publication of the relevant eurostat data and taking into account the guidance note pursuant to article 10 of regulation xx/xx on the european asylum agency , or where the applicant belongs to a specific category of persons for whom the low recognition rate cannot be considered as representative of their protection needs due to a specific persecution ground , examination of the application should not be accelerated. cases where a third country may be considered as a safe country of origin or a safe third country for the applicant within the meaning of this regulation should remain applicable as a separate ground for respectively the accelerated examination procedure or the inadmissible procedure. ### deleted


### 3. ‘for third-country nationals subject to the screening referred to in article 3(1) of regulation (eu) xxx/xxx [screening regulation] , paragraphs 1 and 2 shall apply only after the screening has ended.’ ### deleted