### (18) in accordance with article 12 of regulation (eu) 2016/399 , the fulfilment of entry conditions and the authorisation of entry are expressed in an entry stamp in a travel document. the absence of such entry stamp or the absence of a travel document may therefore be considered as an indication that the holder does not fulfil the entry conditions. with the start of the operation of the entry/exit system leading to substitution of the stamps with an entry in the electronic system , that presumption will become more reliable. member states should therefore apply the screening to third-country nationals who are already within the territory and who are unable to prove that they fulfilled the conditions of entry into the territory of the member states. the screening of such third-country nationals is necessary in order to compensate for the fact that they presumably managed to evade entry checks upon arrival in the schengen area and therefore could have not been either refused entry or referred to the appropriate procedure following screening. applying the screening could also help in ascertaining , through the consultation of the databases referred to in this regulation , that the persons concerned do not pose a threat to internal security. by the end of the screening within the territory , the third-country nationals concerned should be subject to a return procedure or , where they apply for international protection , to the appropriate asylum procedure. submitting the same third-country national to repeated screenings should be avoided to the utmost extent possible. ### deleted


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


### (20) the member states should determine appropriate locations for the screening at or in proximity to the external border taking into account geography and existing infrastructures , ensuring that apprehended third-country nationals as well as those who present themselves at a border crossing point can be swiftly submitted to the screening. the tasks related to the screening may be carried out in hotspot areas as referred to in point (23) of article 2 of regulation (eu) 2019/1896 of the european parliament and of the council23 . ### deleted


### (21) in order to achieve the objectives of the screening , close cooperation should be ensured between the competent national authorities referred to in article 16 of regulation 2016/399 , those referred to in article 5 of the [asylum procedures regulation] as well as those responsible for carrying out return procedures respecting directive 2008/115. child protection authorities should also be closely involved in the screening wherever necessary to ensure that the best interests of the child are duly taken into account throughout the screening. member states should be allowed to avail themselves of the support of the relevant agencies , in particular the european border and coast guard agency and the [european union agency for asylum] , within the limits of their mandates. member states should involve the national rapporteurs for anti-trafficking wherever the screening reveals facts relevant for trafficking in line with directive 2011/36/eu of the european parliament and of the council24 . ### (21) in order to achieve the objectives of the screening , close cooperation should be ensured between the competent national authorities referred to in article 16 of regulation (eu) 2016/399 , those referred to in article 5 of regulation (eu) xxxx/xxxx [asylum procedures regulation] as well as those responsible for carrying out return procedures respecting directive 2008/115/ec. child protection authorities should also be closely involved in the screening wherever necessary to ensure that the best interests of the child are duly taken into account throughout the screening. member states should be allowed to avail themselves of the support of the relevant agencies , in particular the european border and coast guard agency and the [european union agency for asylum] , within the limits of their mandates. the tasks , functions and activities performed by the relevant eu agencies in support of member states pursuant to this regulation should fall under the scope of the independent monitoring mechanism to be established by each member state in accordance with this regulation. member states should involve the national rapporteurs for anti-trafficking wherever the screening reveals facts relevant for trafficking in line with directive 2011/36/eu of the european parliament and of the council24 .


### (22) when conducting the screening , the competent authorities should comply with the charter of fundamental rights of the european union and ensure the respect for human dignity and should not discriminate against persons on grounds of sex , racial , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinions , membership of a national minority , disability , age or sexual orientation. particular attention should be paid to the best interests of the child. ### (22) when conducting the screening , the competent authorities should comply with the charter of fundamental rights of the european union and ensure the respect for human dignity and should not discriminate against persons on grounds of sex , racial , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinions , membership of a national minority , disability , age or sexual orientation. the best interests of the child should be a primary consideration when implementing this regulation.


### (23) in order to ensure compliance with eu and international law , including the charter of fundamental rights , during the screening , each member state should establish a monitoring mechanism and put in place adequate safeguards for the independence thereof. the monitoring mechanism should cover in particular the respect for fundamental rights in relation to the screening , as well as the respect for the applicable national rules regarding detention and compliance with the principle of non-refoulement as referred to in article 3(b) of regulation (eu) 2016/399. the fundamental rights agency should establish general guidance as to the establishment and the independent functioning of such monitoring mechanism. member states should furthermore be allowed to request the support of the fundamental rights agency for developing their national monitoring mechanism. member states should also be allowed to seek advice from the fundamental rights agency with regard to establishing the methodology for this monitoring mechanism and with regard to appropriate training measures. member states should also be allowed to invite relevant and competent national , international and non-governmental organisations and bodies to participate in the monitoring. the independent monitoring mechanism should be without prejudice to the monitoring of fundamental rights provided by the european border and coast guard agency’s fundamental rights monitors provided for in regulation (eu) 2019/1896. the member states should investigate allegations of the breach of the fundamental rights during the screening , including by ensuring that complaints are dealt with expeditiously and in an appropriate way. ### (23) in order to ensure compliance with eu and international law , including the charter of fundamental rights , each member state should establish a monitoring mechanism and put in place adequate safeguards for the independence thereof. the monitoring mechanism should in particular monitor on an on-going basis all border management and border surveillance activities performed by national authorities or relevant eu agencies in its territories , compliance with the principle of non-refoulement and respect for fundamental rights in relation to the screening , asylum and return procedures. the independent monitoring mechanism shall issue recommendations to member states and eu agencies and report annually and publicly on its findings , recommendations and measures taken to implement its recommendations. to perform its tasks in an effective manner , the monitoring mechanism should be granted unhindered access to any location or documents , which it considers relevant for fulfilling its mandate , and be able to perform periodic announced and unannounced visits. member states should put in place adequate safeguards to guarantee the independence of the mechanism , including by ensuring that national human rights organisations , ombudspersons , independent non-governmental and civil society organisations and international organisations are part of the monitoring system. the fundamental rights agency should establish guidance as to the implementation of the framework provided for in article 7 , which includes safeguards to ensure the independent functioning of such monitoring mechanism. member states should furthermore be allowed to request the support of the fundamental rights agency for developing their national monitoring mechanism. member states should also be allowed to seek advice from the fundamental rights agency with regard to establishing the methodology for this monitoring mechanism and with regard to appropriate training measures. member states should also be allowed to invite relevant and competent national , international and non-governmental organisations and bodies to participate in the monitoring. the independent monitoring mechanism should act in synergy with and operate without prejudice to other eu fundamental rights’ monitoring instruments such as , in particular , those provided by articles 109 , 110 and 111 of regulation (eu) 2019/1896 (european border and coast guard regulation) , the monitoring mechanism for the purpose of monitoring the operational and technical application of the common european asylum system (ceas) as set out in article 14 of regulation (eu) xxxx/xxxx [eu asylum agency regulation] and the regulation (eu) xxxx/xxxx [schengen evaluation and monitoring mechanism regulation]. the member states should investigate all allegations of breaches of the fundamental rights during the screening , asylum and return procedures , including by ensuring that complaints are dealt with promptly , effectively and capable of leading to the identification and sanction of those responsible in an appropriate manner.


### (24) by the end of the screening , the authorities responsible for the screening should fill in a de-briefing form. the form should be transmitted to the authorities examining applications for international protection or to the authorities competent for return – depending on whom the individual is referred to. in the former case , the authorities responsible for the screening should also indicate any elements which may seem to be relevant for determining whether the competent authorities should submit the application of the third-country national concerned to an accelerated examination procedure or to the border procedure. ### (24) by the end of the screening , the authorities responsible for the screening should fill in a de-briefing form. the form should be transmitted to the authorities examining applications for international protection or to the authorities competent for return – depending on whom the individual is referred to. in order to ensure compliance , in particular , with the rights to information , access to personal data and rectification and to effective remedy , the de-briefing form should be handed over to the third-country national concerned before being transmitted to the authorities examining applications for international protection or to the authorities competent for return , and should include any possible remarks or objections raised by the person concerned as well as the reasons in law and fact explaining the choice of the authorities responsible for the screening for referring that person to the specific procedure.


### (25) the biometric data taken during the screening should , together with the data referred to in articles [12 , 13 , 14 and 14a] of the eurodac regulation be transmitted to eurodac by the competent authorities in accordance with the deadlines provided for in that regulation. ### deleted


### (26) a preliminary health examination should be carried out on all persons submitted to the screening at the external borders with a view to identifying persons in need of immediate care or requiring other measures to be taken , for instance isolation on public health grounds. the specific needs of minors and vulnerable persons should be taken into account. if it is clear from the circumstances that such examination is not needed , in particular because the overall condition of the person appears to be very good , the examination should not take place and the person concerned should be informed of that fact. the preliminary health examination should be carried out by the health authorities of the member state concerned. with regard to third-country nationals apprehended within the territory , the preliminary medical examination should be carried out where it is deemed necessary at first sight. ### (26) preliminary health and vulnerability checks should be carried out on all persons subject to the screening with a view to identifying persons in a vulnerable situation , in need of health care , with special reception or procedural needs or requiring other measures to be taken , for instance isolation on public health grounds. the specific needs of minors and vulnerable persons should be a primary consideration. the preliminary health examination should be carried out by qualified medical professionals of the health authorities of the member state concerned. preliminary health and vulnerability checks that have not been completed during the screening should be promptly resumed in the subsequent appropriate procedure in which the third-country national concerned will be referred , without prejudice to the mandatory vulnerability checks to be carried out in the procedures under regulation (eu) no xx/xxx [asylum and migration management regulation] or directive 2008/115 (return directive).


### (27) during the screening , all persons concerned should be guaranteed a standard of living complying with the charter of fundamental rights of the european union and have access to emergency health care and essential treatment of illnesses. particular attention should be paid to individuals with vulnerabilities , such as pregnant women , elderly persons , single parent families , persons with an immediately identifiable physical or mental disability , persons visibly having suffered psychological or physical trauma and unaccompanied minors. in particular , in case of a minor , information should be provided in a child-friendly and age appropriate manner. all the authorities involved in the performance of the tasks related to the screening should respect human dignity , privacy , and refrain from any discriminating actions or behaviour. ### (27) during the screening , all persons concerned should be guaranteed a standard of living complying with the standards and provisions of directive (eu) xxxx/xxxx [reception conditions directive] and with the charter of fundamental rights of the european union , and have access to emergency health care and essential treatment of illnesses. particular attention should be paid to individuals in a vulnerable situation , such as minors , unaccompanied minors , disabled people , elderly people , pregnant women , single parents with minor children , victims of human trafficking , persons with serious illnesses , persons with mental disorders and persons who have been subjected to torture , rape or other serious forms of psychological , physical or sexual violence , such as victims of female genital mutilation. in particular , in case of a minor , information should be provided in a child-friendly and age appropriate manner by properly trained personnel. the “benefit of the doubt” principle in favour of the minor should always apply when a person’s age is unclear or contested , and no supporting documentation exists that proves his/her age. all the authorities involved in the performance of the tasks related to the screening should respect human dignity , privacy , and refrain from any discriminating actions or behaviour.


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


### (29) the common identity repository (“cir”) was established by regulation (eu) 2019/817 of the european parliament and of the council (interoperability regulation)25 to facilitate and assist in the correct identification of persons registered in the entry/exit system (“ees”) , the visa information system (“vis”) , the european travel information and authorisation system (“etias”) , eurodac and in the european criminal records information system for third country nationals (“ecris-tcn”) , including of unknown persons who are unable to identify themselves. for that purpose , the cir contains only the identity , travel document and biometric data recorded in ees , vis , etias , eurodac and ecris-tcn , logically separated. only the personal data strictly necessary to perform an accurate identity check is stored in the cir. the personal data recorded in the cir is kept for no longer than strictly necessary for the purposes of the underlying systems and should automatically be deleted where the data are deleted from the underlying systems. consultation of the cir enables a reliable and exhaustive identification of persons , by making it possible to consult all identity data present in the ees , vis , etias , eurodac and ecris-tcn in one go , in a fast and reliable manner , while ensuring a maximum protection of the data and avoiding unnecessary processing or duplication of data. ### (29) the common identity repository (“cir”) was established by regulation (eu) 2019/817 of the european parliament and of the council (interoperability regulation)25 to facilitate and assist in the correct identification of persons registered in the entry/exit system (“ees”) , the visa information system (“vis”) , the european travel information and authorisation system (“etias”) , eurodac and in the european criminal records information system for third country nationals (“ecris-tcn”) , including of unknown persons who are unable to identify themselves. for that purpose , the cir contains only the identity , travel document and biometric data recorded in ees , vis , etias , eurodac and ecris-tcn , logically separated. only the personal data strictly necessary to perform an accurate identity check is stored in the cir. the personal data recorded in the cir are kept for no longer than strictly necessary for the purposes of the underlying systems and are automatically deleted where the data are deleted from the underlying systems.


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


### (31) since the use of the cir for identification purposes has been limited by regulation (eu) 2019/817 to facilitating and assisting in the correct identification of persons registered in the ees , vis , etias , eurodac and ecris-tcn in situations of police checks within the territory of the member states , that regulation needs to be amended to provide for the additional purpose of using the cir to identify persons during the screening established by this regulation. ### (31) regulation 2019/817 needs to be amended to provide for the additional use of the cir to identify persons during the screening established by this regulation.


### (33) the identification of persons during border checks at the border crossing point and any consultation of the databases in the context of border surveillance or police checks in the external border area by the authorities who referred the person concerned to the screening should be considered as part of the screening and should not be repeated , unless there are special circumstances justifying such repetition. ### (33) the identification of persons during border checks at the border crossing point and any consultation of the databases in the context of border surveillance or police checks in the external border area by the authorities who referred the person concerned to the screening should be considered as part of the screening and should not be repeated. the collection of personal data , and in particular the taking of biometric data in accordance with articles 10 , 13 and 14a of regulation (eu) xxxx/xxxx [eurodac regulation] , should take place only once as part of the screening.


### (34) in order to ensure uniform conditions for the implementation of articles 11(5) and 12(5) of this regulation , implementing powers should be conferred on the commission. those powers should be exercised in accordance with regulation (eu) no 182/2011 of the european parliament and of the council26 . for the adoption of relevant implementing acts , the examination procedure should be used. ### deleted


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


### (37) for third-country nationals who are on the basis of their nationality exempt from the visa requirement under regulation (eu) 2018/1806 of the european parliament and the council27 , regulation (eu) 2018/1240 of the european parliament and of the council28 (etias regulation) provides that they have to apply for a travel authorisation to come to the eu for short stay. before receiving that travel authorisation , the persons concerned are submitted to security checks of the personal data they submit against a number of eu databases – the visa information system (vis) , the schengen information system (sis) , the entry/exit system (ees) , the european travel information and authorisation system (etias) , the europol data processed for the purpose referred to in article 18(2)(a) of regulation (eu) 2016/79429 , ecris-tcn30 – as well as interpol’s stolen and lost travel document database (sltd) and travel documents associated with notices database (interpol tdawn). ### (37) for third-country nationals who are on the basis of their nationality exempt from the visa requirement under regulation (eu) 2018/1806 of the european parliament and the council27 , regulation (eu) 2018/1240 of the european parliament and of the council28 (etias regulation) provides that they have to apply for a travel authorisation to come to the eu for short stay. before receiving that travel authorisation , the persons concerned are submitted to security checks according to that regulation.


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


### (39) it follows from the reasoning developed in recital (36) that as regards persons subject to the screening , automated verifications for security purposes should be carried out against the same systems as is provided for applicants for a visa or for a travel authorisation under the european travel information and authorisation system: the vis , ees , etias , sis , ecris-tcn , europol and interpol’s sltd and tdawn. persons submitted to the screening should also be checked against ecris-tcn as regards persons convicted in relation to terrorist offences and other forms of serious criminal offences , europol data referred to in the preceding recital 38 , the interpol’s lost and stolen travel documents database and travel documents associated with notices databases (tdawn). ### deleted


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


### (41) where justified for the purpose of the security check , the screening could also include verification of objects in the possession of third-country nationals , in accordance with national law. any measures applied in this context should be proportionate and should respect the human dignity of the persons subject to the screening. the authorities involved should ensure that the fundamental rights of the individuals concerned are respected , including the right to protection of personal data and freedom of expression. ### (41) where justified for the purpose of the security check , the screening could also include verification of objects in the possession of third-country nationals , in accordance with national law. any measures applied in this context should be proportionate and should respect the human dignity of the persons subject to the screening. the authorities involved should ensure that the fundamental rights of the individuals concerned are respected , including the right to protection of personal data and freedom of expression. in any case , verification of objects and , more in general , the screening should not include the accessing of electronic devices in the possession of third-country nationals nor access to their private communications or social media accounts.


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


### (43) the european search portal (esp) established by regulation (eu) 2019/817 should be used to carry out the searches against the european databases , ees , etias , vis and ecris-tcn , for identification or for the purpose of security checks , as applicable. ### (43) the european search portal (esp) established by regulation (eu) 2019/817 should be used to carry out the searches for identification or for the purpose of security checks , as applicable.


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


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


### subject matter and scope ### subject matter


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


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


### 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 ### screening


### 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 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


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


### authorisation to enter the territory of a member state ### authorisation to enter and remain in the territory of a member state


### 1. during the screening , the persons referred to in article 3 , paragraphs 1 and 2 shall not be authorised to enter the territory of a member state. ### 1. during the screening , the persons referred to in article 3 , paragraphs 1 and 2 shall be provided with adequate accommodation and access to appropriate services and be authorised to remain in the territory of a member state.


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


### 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 official adequate facilities located within the territory of the member state that provide access to appropriate services , including legal and linguistic assistance. third country nationals subject to the screening should have access to appeal procedure , legal advice and free legal aid. 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 in the external border area , the disembarkation in the territory of the member state concerned or the presentation at the border crossing point. upon the expiry of the five-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 , which shall be continued in the regular 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


### preliminary health and vulnerability check as referred to in article 9; ### preliminary health and vulnerability checks as referred to in article 9;


### 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 articles 10 , 13 and 14a of regulation (eu) xxxx/xxxx [eurodac regulation];


### security check as referred to in article 11; ### a security check as referred to in article 11;


### 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. member states shall ensure that competent authorities have been provided with adequate training , including in european migration and asylum law and international human rights and refugee law. competent authorities shall also be adequately trained to properly identify persons in vulnerable situations and refer them to the appropriate procedure and targeted support.


### 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. national child protection authorities and national anti-trafficking rapporteurs shall also be involved.


### 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. the tasks and activities performed within the framework of this regulation by the relevant staff of eu agencies shall also be subject to the monitoring referred to in article 7.


### 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 and measures to constantly monitor and assess fundamental rights compliance of border management activities in their territories or by their authorities , to promptly and effectively investigate all allegations of non-respect for fundamental rights and to prosecute all instances in which such allegations are substantiated by independent fact-finding.


### 2. each member state shall establish an independent monitoring mechanism ### 2. in this context , each member state shall establish an independent monitoring mechanism which will perform the following tasks:


### — to ensure compliance with eu and international law , including the charter of fundamental rights , during the screening; ### — monitor and assess compliance of the screening , asylum and return procedures with eu and international law;


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


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


### member states shall put in place adequate safeguards to guarantee the independence of the mechanism. ### member states shall put in place adequate safeguards to guarantee the independence of the mechanism , including by ensuring that national human rights organisations , ombudspersons , independent non-governmental or civil society organisations and international organisations are part of the monitoring system.


### 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. ### building on the framework provided for in this article , the fundamental rights agency shall issue guidance for member states on the establishment of a monitoring mechanism and its independent functioning. furthermore , the fundamental rights agency shall support member states in their development and implementation of the safeguards for independence of the monitoring mechanisms , as well as the monitoring methodology and appropriate training schemes.


### 1. third-country nationals subject to the screening shall be succinctly informed about the purpose and the modalities of the screening: ### 1. competent authorities shall inform third-country nationals subject to the screening about the purpose , modalities and duration of the screening and on the right to seek asylum , in particular:


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


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


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


### 1. third-country nationals submitted to the screening referred to in article 3 shall be subject to a preliminary medical examination with a view to identifying any needs for immediate care or isolation on public health grounds , unless , based on the circumstances concerning the general state of the individual third-country nationals concerned and the grounds for directing them to the screening , the relevant competent authorities are satisfied that no preliminary medical screening is necessary. in that case , they shall inform those persons accordingly. ### 1. third-country nationals submitted to the screening referred to in article 3 shall be subject to a preliminary medical examination by qualified medical professionals with a view to identifying any needs for immediate 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. member states shall assess whether persons undergoing the screening are in a vulnerable situation , are victims of torture , are stateless or at risk of statelessness , 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 the case of minors , support shall be given by personnel trained and qualified to deal with minors , and in cooperation with child protection authorities. the vulnerability assessments during the screening procedure are without prejudice to the mandatory vulnerability checks in subsequent asylum and return procedures.


### 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 , by using in particular 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 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 shall be taken only once for the purposes of this regulation and of regulation xxxx/xxxx [eurodac regulation]. 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 , within the meaning of paragraph 2 , 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. 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.


### 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 they have not yet done so in accordance with article 8(3) , point (a)(vi) , of regulation (eu) 2016/399 , the competent authorities shall launch a query in accordance with article 12.


### 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. ### deleted


### 5. the commission shall adopt implementing acts setting out the detailed procedure and specifications for retrieving data. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 15(2). ### deleted


### 1. the queries provided for in article 10(2) and in article 11(2) may be launched using , for queries related to eu information systems and the cir , the european search portal in accordance with chapter ii of regulation (eu) 2019/817 and with chapter ii of regulation (eu) 2019/81836 . ### 1. the queries provided for in article 10(2) and in article 11(2) of this regulation shall be launched using , for queries related to eu information systems and the cir , the european search portal in accordance with chapter ii of regulation (eu) 2019/817 and with chapter ii of regulation (eu) 2019/81836. access to cir and use of esp by competent authorities shall be limited to the extent that the data are required for the performance of their tasks in accordance with those purposes , and shall be proportionate to the objectives pursued. no force or coercion shall be used to ensure the taking of third-country nationals’ personal data , including biometric data.


### 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). ### 5. the commission shall adopt delegated acts to specify the procedure for cooperation between the authorities responsible for carrying out the screening to determine the threat to internal security.


### 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 complete the form in annex i containing the following information:


### 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; ### initial indication of nationalities or statelessness , 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; ### reasons for arrival;


### 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


### — have not applied for international protection and ### — deleted


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


### shall be referred to the competent authorities to apply procedures respecting directive (eu) 2008/115/ec (return directive). ### shall be referred to the competent authorities to apply the procedures provided for in directive (eu) 2008/115/ec (return directive) , without prejudice to the application of article 6(5) of regulation (eu) 2016/399.


### 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 , entry may be refused in accordance with the procedure laid down in article 14 of regulation 2016/399.


### the form referred to in article 13 shall be transmitted to the relevant authorities to whom the third country national is being referred. ### the form referred to in article 13 shall be transmitted to the relevant authorities to whom the third country national is being referred , together with the reasons in law and fact explaining the choice for the referral to the specific procedure. both the information included in the form and the reasons accompanying the transmission of the form to the relevant authorities can constitute grounds of appeals and be challenged in the appropriate procedure regarding asylum or return.


### 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 make , have made or have expressed the wish to make an application for international protection shall be referred to the competent authorities to apply asylum procedures 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.


### 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 referred to in article 3(1) are referred to an appropriate procedure regarding asylum or return , the screening ends. 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. 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 health and vulnerability checks under article 9 of this regulation have not been completed during the screening , border procedures shall not be applied and the checks shall be promptly resumed in the regular asylum or the regular return procedure. where the outcome of health and vulnerability checks under article 9 of this regulation indicates that the third-country national is in vulnerable situation , is a victim of torture or has special reception or procedural needs , that person shall be immediately channelled in the regular asylum or the regular return procedure if it is not already the case.


### article 16 ### deleted


### article 17 ### deleted


### article 18 ### deleted


### access to the common identity repository for identification according to regulation (eu) 2020/xxx ### access to the common identity repository for identification according to regulation (eu) 2020/xxx [regulation on screening]


### 1. queries of the cir shall be carried out by the designated competent authority as defined in article 6(7) of regulation (eu) 2020/xxx , solely for the purpose of identifying a person according to article 10 of that regulation , provided that the procedure was initiated in the presence of that person. ### 1. queries of the cir shall be carried out by the designated competent authority as defined in article 6(7) of regulation (eu) 2020/xxx [regulation on screening] , solely for the purpose of identifying a person according to article 10 of that regulation , provided that the procedure was initiated in the presence of that person.


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


### 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 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 time limit expires.


### 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 anti-racism action plan 2020-2025 is the first eu policy instrument to recognise the structural dimension of racism , which has historical roots dating back to colonialism and slavery; whereas the eu action plan refers to structural racism as the discriminatory behaviours which can be embedded in social , financial and political institutions , thereby impacting on the levers of power and policymaking;


### 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 racial and ethnic minorities in the eu face structural discrimination and in some cases segregation in certain areas of daily life , including housing , healthcare , employment , education and judicial systems; whereas racial and ethnic minorities in the eu have insufficient access to basic needs , such as drinkable water , sanitation and electricity;


### 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 as a result of embedded structural racism and discrimination , justice systems are not safe for racialized people , whose access to justice is thus impeded; whereas criminal justice systems fail to protect racialized people and directly participate in their victimization; whereas the deficiencies with the rule of law in the criminal justice systems exacerbate this situation; whereas equality bodies in the member states lack the human and financial resources and/or political will and independence to bridge this gap;


### f. whereas the eu action plan lacks follow-up mechanisms and measurable targets; ### f. whereas the eu anti-racism action plan 2020-2025 and other eu initiatives to combat discrimination , such as the eu roma strategic framework 2020-2030 , the lgbtiq equality strategy 2020-2025 , the eu gender equality strategy 2020-2025 and the eu strategy for the persons with disabilities 2021-2030 lack follow-up mechanisms , ambitious benchmarks and measurable targets , and these are indispensable to document progress;


### 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 framework decision on racism and xenophobia has not been fully or correctly transposed by some member states; whereas the commission should monitor and ensure that member states comply with eu anti-discrimination legislation;


### 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; whereas individuals from racialized groups and groups in vulnerable situations who are subject to intersectional forms of discrimination are underrepresented indecision-making positions;


### 1. emphasises the urgent need for the union to develop a robust and comprehensive agenda for effectively combating racism and discrimination on all grounds and in all areas in the eu; insists that the union and its institutions must lead by example in the fight against structural and institutional racism and anti-discrimination; ### 1. emphasises the urgent need for the union to develop a robust and comprehensive agenda for effectively combating racism and discrimination on all grounds and in all areas in the eu , taking into account a structural and intersectional approach and involving the groups concerned; insists that the union and its institutions must lead by example in the fight against structural and institutional racism and anti-discrimination; urges the eu institutions and the member states to take strong and decisive steps in this direction;


### 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 assess the implementation of the current eu legal framework for combating discrimination , racism , xenophobia and other types of intolerance in order to ensure its enforcement and to determine how to improve it where needed; further calls on the commission to take part in a regular dialogue and exchange of best practices with member states and stakeholders , particularly those representing the concerns of people affected by racism and racial discrimination; urges the commission to launch infringement proceedings if member states do not transpose or fully implement the current eu legal framework;


### 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. regrets that the ministers and secretaries of state in charge of equality and gender equality have no dedicated institutional forum to ensure that member state representatives regularly meet , discuss , legislate , take political decisions and exchange best practices; calls on the european council to act by qualified majority and amend the list of configurations in which the council meets , in accordance with article 236 tfeu and article 2(1)of the council’s rules of procedure to set up a council gender equality and equality group in order to facilitate gender and non-discrimination mainstreaming across all eu policies and legislation , and to allow high-level discussions on these issues in a regular and permanent forum;


### 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; calls on the member states to put measures in place to ensure that victims who seek redress are appropriately supported as well as to create safe environments that encourage victims and witnesses to come forward and report hate crime; stresses that several member states have guidelines or policies that support law enforcement in recording or investigating hate crimes , but evidence suggests that law enforcement officials are not taking reports of racially motivated crimes seriously; urges member states to ensure that law enforcement officials pursue mandatory anti-racism trainings , which would strengthen the ability of national law enforcement systems to correctly identify and record it;


### 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. demands that the member states end racial or ethnic profiling in all forms , particularly when 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; highlights the power asymmetry between those who employ ai technologies and those who are subject to them; is concerned that new technologies , including ai , can exacerbate existing inequalities , social exclusion and discrimination; underlines the need to address the potential risks of new technologies , including ai , not as a technological , but as a societal problem; calls on the commission and the member states to promote mandatory anti-racism and anti-bias training for the authorities and practitioners particularly for law enforcement officials and judges , and to ensure that ai systems are guided by the principles of transparency , explainability , fairness , and accountability as well as that independent audits are put in place to prevent that these systems exacerbate discrimination , racism , exclusion and poverty;


### 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 commission and the member states to closely engage with racialized groups in order to combat racial bias , including in ai datasets , in key areas of life such as criminal justice , education systems and social services , and to take proactive steps to ensure that these systems do not uphold or exacerbate discrimination , racism , social exclusion and poverty , but are used to achieve equal justice; further calls on the commission and the member states to step up efforts to improve dialogue and relations between authorities and minority and racialized communities , as well as other groups in vulnerable situations; calls , furthermore , for the creation of independent complaint mechanisms for all administrative , judiciary and executive branches of the state , in particular law enforcement;


### 8. urges the eu institutions to address intersectional forms of discrimination in eu anti-discrimination legislation and policies and to promote an eu framework on intersectional discrimination with cross-cutting objectives and measures; ### 8. urges the eu institutions to address intersectional forms of discrimination in eu anti-discrimination legislation and policies and to promote an eu framework on intersectional discrimination with cross-cutting objectives and measures; calls on the commission and the member states to mainstream an intersectionality approach in order to take into account the diversity and heterogeneity of racialized groups and groups in vulnerable situations when designing and implementing policies and measures; further calls on the commission and the member states to promote trainings , particularly for practitioners including law enforcement officials and judges , and awareness campaigns on intersectional discrimination;


### 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; urges the commission and the member states to put in place specific measures in this direction;


### 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 to document racism and discrimination , analyse social problems and to tackle inequality holistically , based on voluntary participation , self-identification and informed consent , while protecting anonymity and confidentiality , respecting eu data protection legislation and fundamental rights and complying with national legislation; urges the commission to develop a common methodology on this with the groups concerned 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;


### 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. urges 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; further urges the commission and the member states to provide adequate funding and resources in order to achieve the commitments in the action plan; highlights the need to continue this eu action plan beyond 2025 and calls on the commission to ensure the continuity of this work before the end of its current mandate;


### 13. calls on the commission to adopt concrete legislative measures to strengthen the role and independence of equality bodies in member states; ### 13. recalls the commitment by the commission to present and adopt concrete legislative measures to strengthen the role and independence of equality bodies in member states as included in the cwp 2022; urges the commission to present an ambitious proposal in this regard;


### 14. calls for structural and institutionalised racism , discrimination and the underrepresentation of minorities within the structures of the european institutions to be addressed and for the adoption of a workforce diversity and inclusion strategy; ### 14. calls on the eu institutions to address structural and institutionalised racism , discrimination and the under representation of racialized groups and other groups subject to discrimination within the structures of the european institutions , particularly in decision-making positions , and to adopt a workforce diversity and inclusion strategy by the end of 2022;


### 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; recalls the urgent need to fill the position of the coordinator on combating anti-muslim hatred; calls on the commission to ensure that these eu coordinators are given adequate resources to fulfil their tasks and to mainstream racial equality throughout eu policies;


### 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 and enforcement of eu anti-racism and anti-discrimination legislation and policy;


### 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 on the commission 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; further calls on the commission 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;


### 4. notes that the overall budget allocated to the eppo for 2021 was for annual account purposes of eur 26.3 million , reduced from the initial endowment of eur 45 million; understands that , out of the initially foreseen amount , eur 9 500 000 was returned to the budget of the union and that eur 9 200 000 was used while the eppo was still operating financially as part of the commission; points out that the return of eur 9.5 million resulted from the delay in both the appointments of european delegated prosecutors and in the start of the eppo’s operations , and from the fact that the budget quota granted for hiring staff was not used because the establishment plan was not adapted accordingly; ### 4. notes that the overall budget allocated to the eppo for 2021 was for annual account purposes of eur 26.3 million , reduced from the initial endowment of eur 45 million; notes that additional eur 9 200 000 was allocated and used while the eppo was still operating financially as part of the commission; understands that , out of the initially foreseen amount of eur 45 million , eur 9 500 000 was returned to the budget of the union; points out that the return of eur 9.5 million resulted from the delay in both the appointments of european delegated prosecutors and in the start of the eppo’s operations , and from the fact that the budget quota granted for hiring statutory staff was not used because the establishment plan was not adapted accordingly;


### 14. reminds that the implementation of article 91(6) of regulation (eu) 2017/1939 , foreseeing financial contribution of the eppo to the exceptionally costly investigative measures carried out at national level , requires adaptation of the relevant financial rules , currently not adapted to allow for the reimbursement of expenses incurred by national justice systems; urges the commission to take action in this regard , proposing appropriate amendments of the financial regulation while taking into account the need to allocate the burden of such costs in compliance with the proportionality principle; ### 14. reminds that the implementation of article 31 , 91(5) and 91(6) of regulation (eu) 2017/1939 , foreseeing financial contribution of the eppo to investigation costs at the decentralised level that are to be covered by the eppo budget and exceptionally costly investigative measures carried out at national level , requires adaptation of the relevant financial rules , currently not adapted to allow for the reimbursement of expenses incurred by national justice systems; points out that due to the sensitivity and confidentiality of eppo operations , launching a procurement procedures might be obscured and therefore the rules shall foresee possibility of concluding financing agreements and slas between eppo and member states; urges the commission to take action in this regard , proposing appropriate amendments of the financial regulation while taking into account the need to allocate the burden of such costs in compliance with the proportionality principle;


### (6) the evaluation and monitoring mechanism may cover all areas of the schengen acquis - present and future - except those where a specific evaluation mechanism already exists under union law. the evaluation and monitoring mechanism should encompass all relevant legislation and operational activities contributing to the functioning of schengen area. ### (6) the evaluation and monitoring mechanism may cover all areas of the schengen acquis - present and future - except those where a specific evaluation mechanism already exists under union law. the evaluation and monitoring mechanism should also include for each evaluation and each evaluated member state a fundamental rights’ assessment covering the respect and promotion of the provisions of the charter of fundamental rights of the european union in the implementation of the schengen acquis. the evaluation and monitoring mechanism should encompass all relevant legislation and operational activities contributing to the functioning of schengen area.


### (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 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.


### (9) the vulnerability assessment carried out by frontex is a complementary mechanism to the evaluation and monitoring mechanism established by this regulation for guaranteeing quality control at union level and ensuring constant preparedness at both union and national levels to respond to any challenges at the external border. both mechanisms constitute a component of the european integrated border management. synergies between the vulnerability assessment and the evaluation and monitoring mechanism should be maximised with a view to establishing an improved situational picture of the functioning of the schengen area , avoiding , to the extent possible , duplication of efforts and conflicting recommendations. for that purpose , regular exchange of information between frontex and the commission on the results of both mechanisms should take place. increasing the strategic focus and more targeted evaluation design also requires increasing synergies further with the relevant mechanisms and platforms operated by union agencies and national administrations , such as the european multidisciplinary platform against criminal threats (‘empact’) or the oversight conducted by the commission with the support of eu-lisa as regards the preparation of the member states for the implementation of relevant it systems as well as the findings of the national quality control mechanisms. ### (9) the evaluation and monitoring mechanism established by this regulation should act , in each of its phases , in full synergy with other existing monitoring and reporting mechanisms , instruments , and bodies developed at national , eu and international level.


### (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) the assessment of the respect for and promotion of fundamental rights in the application of the schengen acquis should be horizontally mainstreamed in each evaluation , 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. in particular , the commission , in cooperation with the european union agency for fundamental rights , should develop specific benchmarks , to be included in the standard questionnaire , against which compliance with fundamental rights’ can be assessed. 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.


### (12) the forms of evaluations and methods should be made more flexible to increase the efficiency of the evaluation and monitoring mechanism and its capacity to adapt to new circumstances and legislative developments and to streamline the use of the resources of the member states , commission and the union bodies , offices and agencies. periodic evaluations through visits should be the primary means of evaluation. the proportion of unannounced visits and thematic evaluations should be gradually increased to ensure a more balanced use of available tools. the forms of evaluation should be clearly defined. depending on the policy area and the nature of the evaluation and monitoring activity , the evaluation and monitoring mechanism should allow the evaluation of several member states at the same time and conduct entirely or partly remote evaluations as well as to combine the evaluation of policy fields. the evaluation and monitoring mechanism should strive towards drawing comprehensive member state evaluation reports assessing the member state’s overall performance in the application of the schengen acquis. ### (12) the forms of evaluations and methods should be made more flexible to increase the efficiency of the evaluation and monitoring mechanism and its capacity to adapt to new circumstances and legislative developments and to streamline the use of the resources of the member states , commission and the union bodies , offices and agencies. periodic evaluations through visits should be the primary means of evaluation. the proportion of unannounced visits and thematic evaluations should be gradually increased to ensure a more balanced use of available tools. the forms of evaluation should be clearly defined. depending on the policy area and the nature of the evaluation and monitoring activity , the evaluation and monitoring mechanism should allow the evaluation of several member states at the same time and conduct entirely or partly remote evaluations , as complementary evaluation methods to physical visits , as well as to combine the evaluation of policy fields. the evaluation and monitoring mechanism should strive towards drawing comprehensive member state evaluation reports assessing the member state’s overall performance in the application of the schengen acquis.


### (13) thematic evaluations should be used more frequently to provide a comparative analysis of member state practices. they should take place to assess the implementation of major legislative changes as they start to apply and of new initiatives , as well as to assess issues across policy areas or practices of member states facing similar challenges. ### (13) thematic evaluations should be used more frequently to provide a comparative analysis of member state practices. they should take place to assess the implementation of major legislative changes as they start to apply and of new initiatives , as well as to assess issues across policy areas or similar policies and practices across member states.


### (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 should , depending on their purpose , take place without prior notification to the member state concerned. 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 negatively impact the functioning of the schengen area or lead to fundamental rights violations , in particular allegations of violations of fundamental rights at the external borders. in such cases , the provision of advance notice would defeat the objective of the visit.