### (23) in order to ensure compliance with eu and international law , including the charter of fundamental rights , during the screening , each member state should establish a monitoring mechanism and put in place adequate safeguards for the independence thereof. the monitoring mechanism should cover in particular the respect for fundamental rights in relation to the screening , as well as the respect for the applicable national rules regarding detention and compliance with the principle of non-refoulement as referred to in article 3(b) of regulation (eu) 2016/399. the fundamental rights agency should establish general guidance as to the establishment and the independent functioning of such monitoring mechanism. member states should furthermore be allowed to request the support of the fundamental rights agency for developing their national monitoring mechanism. member states should also be allowed to seek advice from the fundamental rights agency with regard to establishing the methodology for this monitoring mechanism and with regard to appropriate training measures. member states should also be allowed to invite relevant and competent national , international and non-governmental organisations and bodies to participate in the monitoring. the independent monitoring mechanism should be without prejudice to the monitoring of fundamental rights provided by the european border and coast guard agency’s fundamental rights monitors provided for in regulation (eu) 2019/1896. the member states should investigate allegations of the breach of the fundamental rights during the screening , including by ensuring that complaints are dealt with expeditiously and in an appropriate way. ### (23) in order to ensure compliance with eu and international law , including the charter of fundamental rights , during the screening , each member state should establish a monitoring mechanism and put in place adequate safeguards for the independence thereof. the monitoring mechanism should cover in particular the respect for fundamental rights in relation to the screening , as well as the respect for the applicable national rules regarding detention and compliance with the principle of non-refoulement as referred to in article 3(b) of regulation (eu) 2016/399.


### (23) in order to ensure compliance with eu and international law , including the charter of fundamental rights , during the screening , each member state should establish a monitoring mechanism and put in place adequate safeguards for the independence thereof. the monitoring mechanism should cover in particular the respect for fundamental rights in relation to the screening , as well as the respect for the applicable national rules regarding detention and compliance with the principle of non-refoulement as referred to in article 3(b) of regulation (eu) 2016/399. the fundamental rights agency should establish general guidance as to the establishment and the independent functioning of such monitoring mechanism. member states should furthermore be allowed to request the support of the fundamental rights agency for developing their national monitoring mechanism. member states should also be allowed to seek advice from the fundamental rights agency with regard to establishing the methodology for this monitoring mechanism and with regard to appropriate training measures. member states should also be allowed to invite relevant and competent national , international and non-governmental organisations and bodies to participate in the monitoring. the independent monitoring mechanism should be without prejudice to the monitoring of fundamental rights provided by the european border and coast guard agency’s fundamental rights monitors provided for in regulation (eu) 2019/1896. the member states should investigate allegations of the breach of the fundamental rights during the screening , including by ensuring that complaints are dealt with expeditiously and in an appropriate way. ### (23) in order to ensure compliance with national law and agreements with third country partner states , during the screening , each member state should put in place a mechanism monitoring the efficiency of returns and transfers to third country partner state reception centres and adequate safeguards for the independence thereof. the monitoring mechanism should cover in particular the efficiency of checks , transfers to third country partner state reception centres and returns to the last safe transit country , countries of origin or ports of origin following sea-rescue , as well as the respect for the applicable national rules and agreements with third country partner states. the fundamental rights agency shall never act in a manner that interferes with national authorities during the process of screening , transfers to third country partner states or the escorting of vessels carrying migrants , instead of to europe , to the port of origin for disembarkation.


### (23) in order to ensure compliance with eu and international law , including the charter of fundamental rights , during the screening , each member state should establish a monitoring mechanism and put in place adequate safeguards for the independence thereof. the monitoring mechanism should cover in particular the respect for fundamental rights in relation to the screening , as well as the respect for the applicable national rules regarding detention and compliance with the principle of non-refoulement as referred to in article 3(b) of regulation (eu) 2016/399. the fundamental rights agency should establish general guidance as to the establishment and the independent functioning of such monitoring mechanism. member states should furthermore be allowed to request the support of the fundamental rights agency for developing their national monitoring mechanism. member states should also be allowed to seek advice from the fundamental rights agency with regard to establishing the methodology for this monitoring mechanism and with regard to appropriate training measures. member states should also be allowed to invite relevant and competent national , international and non-governmental organisations and bodies to participate in the monitoring. the independent monitoring mechanism should be without prejudice to the monitoring of fundamental rights provided by the european border and coast guard agency’s fundamental rights monitors provided for in regulation (eu) 2019/1896. the member states should investigate allegations of the breach of the fundamental rights during the screening , including by ensuring that complaints are dealt with expeditiously and in an appropriate way. ### (23) in order to ensure compliance with eu and international law , including the charter of fundamental rights , the member states should investigate allegations of the breach of the fundamental rights during the screening , including by ensuring that complaints are dealt with expeditiously and in an appropriate way.


### (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.


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


### (27) during the screening , all persons concerned should be guaranteed a standard of living complying with the charter of fundamental rights of the european union and have access to emergency health care and essential treatment of illnesses. particular attention should be paid to individuals with vulnerabilities , such as pregnant women , elderly persons , single parent families , persons with an immediately identifiable physical or mental disability , persons visibly having suffered psychological or physical trauma and unaccompanied minors. in particular , in case of a minor , information should be provided in a child-friendly and age appropriate manner. all the authorities involved in the performance of the tasks related to the screening should respect human dignity , privacy , and refrain from any discriminating actions or behaviour. ### deleted


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


### (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 is kept for as long as it is 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.


### (32) given that many persons submitted to the screening may not carry any travel documents , the authorities conducting the screening should have access to any other relevant documents held by the persons concerned in cases where the biometric data of such persons are not usable or yield no result in the cir. the authorities should also be allowed to use data from those documents , other than biometric data , to carry out checks against the relevant databases. ### (32) given that many persons submitted to the screening may not carry or disclose any travel documents , the authorities conducting the screening should have access to any other relevant documents held by the persons concerned in cases where the biometric data of such persons are not usable or yield no result in the cir. the authorities should also be allowed to use data from those documents , other than biometric data , to carry out checks against the relevant databases.


### (33) the identification of persons during border checks at the border crossing point and any consultation of the databases in the context of border surveillance or police checks in the external border area by the authorities who referred the person concerned to the screening should be considered as part of the screening and should not be repeated , unless there are special circumstances justifying such repetition. ### (33) the identification of persons during border checks at the border crossing point and any consultation of the databases in the context of border surveillance or police checks in the external border area by the authorities who referred the person concerned to the screening should be considered as part of the screening.


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


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


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


### (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.


### 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 procedure for the screening at the external borders of the member states of all third-country nationals who are present on the territory of member states and were not subject to checks at the member states' external border.


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


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


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


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


### 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. ### screening may also be carried out within the territory of the member states even when third-country nationals have already been subject to controls.


### screening at the external border ### area of application


### 1. this regulation shall apply to all third-country nationals who: ### 1. this regulation shall apply to all third-country nationals , irrespective of whether they have applied for international protection , who:


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


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


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


### are disembarked in the territory of a member state following a search and rescue operation. ### should be returned to the port of origin but are instead disembarked in the territory of a member state following a search and rescue operation.


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


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


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


### 1. during the screening , the persons referred to in article 3 , paragraphs 1 and 2 shall not be authorised to enter the territory of a member state. ### 1. third-country citizens subject to screening shall , for the duration of the procedure , remain at the disposal of the determining authorities in the places referred to in article 6(1). member states shall lay down provisions to this effect in their national legislation with a view to completing the necessary checks.


### 1. during the screening , the persons referred to in article 3 , paragraphs 1 and 2 shall not be authorised to enter the territory of a member state. ### 1. during the screening , the persons referred to in article 3 , paragraphs 1 and 2 shall in no circumstances be authorised to enter the territory of a member state.


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


### 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. ### deleted


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


### 1. in the cases referred to in article 3 , the screening shall be conducted at locations situated at or in proximity to the external borders. ### 1. the screening shall be conducted in the member states' respective appropriate forums.


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


### 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. in exceptional situations , the limit can be extended , if it is necessary for the proper conducting of the screening procedure.


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


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


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


### 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


### 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. ### 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. this limit can be extended , if the screening procedure requires it.


### 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 bone data in the event of any doubt over whether an illegal immigrant is in fact a minor and 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 the appropriate databases as referred to in article 14(6) , to the extent it has not occurred yet; ### registration of biometric and dna data in the appropriate databases as referred to in article 14(6) , to the extent it has not occurred yet;


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


### article 7 ### deleted


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


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


### 2. each member state shall establish an independent monitoring mechanism ### 2. a member state shall be free to establish a monitoring mechanism outside of their screening procedure at borders.


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


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


### — 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. ### deleted


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


### the fundamental rights agency shall issue general guidance for member states on the setting up of such mechanism and its independent functioning. furthermore , member states may request the fundamental rights agency to support them in developing their national monitoring mechanism , including the safeguards for independence of such mechanisms , as well as the monitoring methodology and appropriate training schemes. ### the fundamental rights agency , being in favour of mass immigration into europe , shall refrain from giving any advice to member states.


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


### member states may invite relevant national , international and non-governmental organisations and bodies to participate in the monitoring. ### member states may prevent non-governmental organisations from participating in the monitoring of the screening procedure for migrants seeking to enter the european union.


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


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


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


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


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


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


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


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


### 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 always subject to a preliminary medical examination with a view to identifying any needs for immediate care or isolation on public health grounds.


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


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


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


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


### biometric data; ### biometric data , including dna testing for age;


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


### 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 any relevant national databases as well as the common identity repository (cir) referred to in article 17 of regulation (eu) 2019/817. the biometric and bone testing data of a third-country national taken live during the screening , as well as the identity data and , where available , travel document data shall be used to that end.


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


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


### 14 the third country nationals referred to in article 3(1) point (a) and (b) of this regulation who ### 14 finalisation of the screening


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


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


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


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


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


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


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


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


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


### 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 , discrimination against roma 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;


### 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; at the same time , calls on the commission to set up the position and appoint a coordinator for roma integration;


### (1) the schengen area without border control at internal borders relies on the effective and efficient application by the member states of the schengen acquis. that acquis comprises measures in the area of external borders , compensatory measures for the absence of controls at internal borders and a strong monitoring framework , which together facilitate free movement and ensures a high level of security , justice and protection of fundamental rights , including the protection of personal data. ### (1) the schengen area relies on the effective and efficient application by the member states of the schengen acquis. that acquis comprises measures in the area of external borders , controls at internal borders , which together ensures a high level of security and justice , including the protection of personal data.


### (4) in order to increase its effectiveness and efficiency , the schengen evaluation and monitoring mechanism should be enhanced. the revised evaluation and monitoring mechanism should aim at maintaining a high level of mutual trust among member states by guaranteeing that member states apply the schengen acquis effectively following the agreed common standards , fundamental principles and norms , thereby contributing to a well-functioning schengen area. ### (4) in order to increase its effectiveness and efficiency , the schengen evaluation and monitoring mechanism should be enhanced. the revised evaluation and monitoring mechanism should aim at maintaining a high level of mutual trust among member states by guaranteeing that member states apply effectively border controls.


### (5) the evaluation and monitoring mechanism should achieve these goals through objective and impartial evaluations that are able to quickly identify deficiencies in the application of the schengen acquis that could disrupt the correct functioning of the schengen area , ensure that these deficiencies are swiftly addressed , and provide the basis for a dialogue on the functioning of the schengen area as a whole. this requires close cooperation between the member states and the commission , a balanced distribution of shared responsibilities and maintaining the peer review nature of the system. it also requires a closer involvement of the european parliament. given the extent of the changes , regulation (eu) no 1053/2013 should be repealed and replaced by a new regulation. ### (5) the evaluation and monitoring mechanism should achieve these goals through objective and impartial evaluations that are able to quickly identify deficiencies in the application of the schengen acquis that could disrupt the correct functioning of the schengen area , ensure that these deficiencies are swiftly addressed , and provide the basis for a dialogue on the functioning of the schengen area as a whole. this requires close cooperation between the member states and the commission , a balanced distribution of shared responsibilities and maintaining the peer review nature of the system. given the extent of the changes , regulation (eu) no 1053/2013 should be repealed and replaced by a new regulation.


### (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) and the european data protection supervisor. the cooperation should also become more reciprocal and the agencies should not only be contributors , but also benefit from being involved in the evaluation and monitoring mechanism.


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


### (10) during the evaluation , particular attention should be paid to verifying respect for fundamental rights in the application of the schengen acquis in addition to the evaluation of the correct implementation and application of the data protection requirements of the schengen acquis carried out by separate evaluations. to increase the capacity of the evaluation and monitoring mechanism to identify violations of fundamental rights in relevant policy areas , additional measures should be implemented. schengen evaluators should be properly trained in this regard , relevant information from the european agency for fundamental rights should be better utilised and its experts better involved in the design and implementation of evaluations. furthermore , evidence which is made public or provided through independent monitoring mechanisms or by relevant third parties at their own initiative such as ombudspersons , authorities monitoring the respect of fundamental rights , non-governmental and international organisations , should be taken into account in the programming , design and implementation of evaluations. ### (10) during the evaluation , particular attention should be paid to 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 , verified information provided by relevant third parties directly involved in the implementation of the schengen acquis could be taken into account in the programming , design and implementation of evaluations. member states should have the opportunity to comment on information provided by third parties.


### (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. ### deleted


### (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 should take place with a prior notification of at least 24 hours before the visit to the member state to carry out a random check of the member state’s implementation of the schengen acquis or in order to verify the compliance with obligations under the schengen acquis.


### (16) evaluation and monitoring activities should be carried out by teams consisting of commission representatives and experts designated by member states. these representatives and experts should have appropriate qualifications , including a solid theoretical knowledge and practical experience. in order to ensure the participation of sufficient number of experienced experts in a faster and less burdensome way , a pool of experts should be established and maintained by the commission in close cooperation with the member states. the pool should be the primary source of experts for evaluation and monitoring activities. ### (16) evaluation and monitoring activities should be carried out by teams consisting of experts designated by member states and commission representatives. these experts and representatives should have proven theoretical knowledge and practical experience. in order to ensure the participation of sufficient number of experienced experts in a faster and less burdensome way , a pool of experts should be established and maintained by the commission in close cooperation with the member states. the pool should be the primary source of experts for evaluation and monitoring activities.


### (17) more flexibility should be provided as regards the size of the evaluation and monitoring teams in order to increase the efficiency and to reduce administrative burden. therefore , the commission should define and adapt the size of the teams depending on the needs and challenges related to each evaluation and monitoring activity. when setting up the teams , geographical balance and rotation should , to the extent possible , be ensured by the commission and account should be taken of the capacity of national administrations and the need for a variety of profiles. the principle of shared responsibility , predictability and the commitment taken when nominating experts to the pool implies that the experts invited for specific evaluations and their national authorities should respond positively to invitations; turning the invitations down should be duly justified on serious professional or personal grounds only. ### (17) more flexibility should be provided as regards the size of the evaluation and monitoring teams in order to increase the efficiency and to reduce administrative burden. therefore , the commission should define and adapt the size of the teams depending on the needs and challenges related to each evaluation and monitoring activity. when setting up the teams , geographical balance and rotation should , to the extent possible , be ensured by the commission and account should be taken of the capacity of national administrations and the need for a variety of profiles. the principle of shared responsibility , predictability and the commitment taken when nominating experts to the pool implies that the experts invited for specific evaluations and their national authorities should respond positively to invitations; turning the invitations down should only be for serious professional or personal grounds.


### (20) evaluation reports should , as a rule , contain recommendations on how to remedy deficiencies identified (including fundamental rights violations) and be adopted in a single act by the commission by means of implementing acts through the examination procedure in accordance with article 5 of regulation (eu) no 182/201136 . the consolidation of the report and recommendations within a single document and subject to a single adoption procedure reinforces the intrinsic connection between the evaluation findings and recommendations. in addition , the accelerated publication of the recommendations should enable member states to address the deficiencies faster and more efficiently. at the same time , the use of the examination procedure should ensure member state’s engagement in the decision-making process leading to the adoption of the recommendations. ### (20) evaluation reports are adopted by the commission and recommendations by the council. the accelerated publication of the recommendations should enable member states to address the deficiencies faster and more efficiently. at the same time , the use of the examination procedure should ensure member state’s engagement in the decision-making process leading to the adoption of the recommendations.


### (21) nevertheless , given the crucial role of the council in exerting peer-pressure and the need for political discussion , the council should adopt recommendations in cases of political importance and general interest for the functioning of the schengen area. such cases should be considered to arise where an evaluation concludes that there exists a serious deficiency , in cases of thematic evaluations , or in cases where an evaluation take places for the purposes of verifying whether a member state bound by the schengen acquis and for which internal border controls have not been lifted fulfils the conditions to apply the schengen acquis in full or , in the case of a member state not bound by the schengen acquis and that has opted in to apply parts of the schengen acquis , to verify whether the member state fulfils the conditions to apply the schengen acquis in part. ### (21) given the crucial role of the council and the need for political discussion , the council should continue to be able to adopt recommendations in all cases.


### (24) the evaluation and monitoring mechanism should comprise a robust follow-up and monitoring component which should be ensured by the commission , in close cooperation with the council and the european parliament , without creating a disproportionate burden for the actors involved. evaluations should be followed up by action plans. while drawing up the action plans , the evaluated member states should fully take into consideration the funding possibilities provided by the union and make the best use of these resources. to speed up the process , the commission should provide observations on the adequacy of the action plans for example in the form of a letter. in order to ensure a timely follow up , if the commission services do not consider the action plan adequate , the member state concerned should be required to submit a revised action plan within one month from the receipt of the observations. the frequency of the follow-up reporting by the member state to the commission and the council on the implementation of the action plans should , as a rule , be six months. ### (24) the evaluation and monitoring mechanism should comprise a robust follow-up and monitoring component which should be ensured by the commission , in close cooperation with the council , without creating a disproportionate burden for the actors involved. evaluations should be followed up by action plans. while drawing up the action plans , the evaluated member states should fully take into consideration the funding possibilities provided by the union and make the best use of these resources. the frequency of the follow-up reporting by the member state to the commission and the council on the implementation of the action plans should , as a rule , be six months.


### (26) it is essential and desirable that the european parliament and the council regularly hold discussions at political level in order to raise awareness of the importance of the implementation of the schengen acquis , hold member states who persistently breach the common rules accountable , and increase pressure on them to remedy the deficiencies identified. the commission should provide adequate input to facilitate these discussions including through the adoption of a comprehensive annual report covering the evaluations carried out during the previous year and state of implementation of recommendations , which would be part of the ‘state of schengen’ report. the european parliament is encouraged to adopt resolutions and the council should adopt conclusions to increase pressure on member states making insufficient progress. the ‘schengen forum’ , as a unique stage to discuss schengen at high level with representatives of the european parliament , member states and the commission should provide a platform for informal discussions aiming at better implementation of the schengen acquis. ### (26) the ‘schengen forum’ , as a unique stage to discuss schengen at high level with representatives of the european parliament , member states and the commission should provide a platform for informal discussions aimed , inter alia , at ensuring the existence and effectiveness of internal border controls.


### (27) the evaluation and monitoring mechanism established by this regulation should fulfil a complementary function of monitoring the effectiveness of the practical implementation of union policies through peer review. the general power of the commission to oversee the application of union law under the control of the court of justice of the european union through infringement procedures should not be affected. ### (27) the evaluation and monitoring mechanism established by this regulation should fulfil a complementary function of monitoring the effectiveness of the practical implementation of union policies on internal border controls.


### (29) in view of the particular role entrusted to the european parliament and to the national parliaments under the last sentence of article 70 of the treaty on the functioning of the european union (tfeu) , as underlined in article 12 , point (c) , of the treaty on european union (teu) as regards the national parliaments , the council and the commission should fully inform the european parliament and the national parliaments of the content and results of the evaluations. in addition , should the commission submit a proposal to amend this regulation , the council would , in accordance with article 19(7) , point (h) , of its rules of procedure39 , consult the european parliament in order to take into consideration its opinion , to the fullest extent possible , before adopting a final text. ### (29) in view of the particular role entrusted to the european parliament and to the national parliaments under the last sentence of article 70 of the treaty on the functioning of the european union (tfeu) , as underlined in article 12 , point (c) , of the treaty on european union (teu) as regards the national parliaments , the council and the commission inform the european parliament and the national parliaments of the content and results of the evaluations. in addition , should the commission submit a proposal to amend this regulation , the council would , in accordance with article 19(7) , point (h) , of its rules of procedure39 , consult the european parliament.


### (31) in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission to adopt the multiannual and annual evaluation programmes , to establish and update a standard questionnaire and to adopt evaluation and revisits reports. those powers should be exercised in accordance with regulation (eu) no 182/2011 of the european parliament and of the council42 . ### deleted


### (32) the commission should adopt immediately applicable implementing acts where , in duly justified cases relating to a serious deficiency , imperative grounds of urgency so require. ### deleted


### 1. this regulation establishes an evaluation and monitoring mechanism for the purpose of ensuring that member states apply the schengen acquis effectively , thereby contributing to a well-functioning area without internal border controls. ### 1. this regulation establishes an evaluation and monitoring mechanism for the purpose of ensuring that member states apply effectively internal border controls.


### verifying the application of the schengen acquis in the member states to which it applies in full as well as in member states to which , in accordance with the relevant protocols annexed to the teu and to the tfeu , the schengen acquis applies in part; ### verifying the application of the schengen acquis , i.e. the existence and effectiveness of border controls , in the member states to which it applies in full as well as in member states to which , in accordance with the relevant protocols annexed to the teu and to the tfeu , the schengen acquis applies in part;


### ‘first time evaluation’ means an evaluation to verify whether a member state bound by the schengen acquis and for which internal border controls have not been lifted fulfils the conditions to apply the schengen acquis in full or , in the case of a member state not bound by the schengen acquis and that has opted in to apply parts of the schengen acquis , to verify whether the member state fulfils the conditions to apply the schengen acquis in part; ### ‘first time evaluation’ means an evaluation to verify whether a member state bound by the schengen acquis and for which internal border controls have been lifted fulfils the conditions to apply the schengen acquis in full or , in the case of a member state not bound by the schengen acquis and that has opted in to apply parts of the schengen acquis , to verify whether the member state fulfils the conditions to apply the schengen acquis in part;


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


### 2. the commission shall be responsible for the establishment of the annual and multiannual evaluation programmes , the drafting of questionnaires , the setting of schedules of visits , the conducting of visits and the drafting of evaluation reports and recommendations. it shall also ensure the follow-up and monitoring activities. ### 2. the commission shall be responsible for the establishment of the annual and multiannual evaluation programmes , the drafting of questionnaires , the setting of schedules of visits , the conducting of visits and the drafting of evaluation reports. it shall also ensure the follow-up and monitoring activities.


### 5. the commission shall be responsible for making the necessary travel arrangements to and from the visited member state for the commission representatives and member state experts in the teams. ### 5. the commission shall be responsible for making the necessary travel arrangements to and from the visited member state for the commission representatives and member state experts in the teams and , in collaboration with the latter , the necessary on-site visits.


### the visited member state shall be responsible for providing the necessary transport on location. ### deleted


### when it has grounds to consider that a member state is seriously neglecting its obligations under the schengen acquis including allegations of serious fundamental rights violations at the external borders. ### deleted


### when it has grounds to consider that a member state is seriously neglecting its obligations under the schengen acquis including allegations of serious fundamental rights violations at the external borders. ### when it has grounds to consider that a member state is seriously neglecting its obligations under the schengen acquis.


### 1. the commission shall cooperate with relevant union bodies , offices and agencies which are involved in the implementation of the schengen acquis as well as with the european union agency for fundamental rights. ### 1. the commission shall cooperate with relevant union bodies , offices and agencies which are involved in the implementation of the schengen acquis.


### 1. the commission shall use the results of relevant mechanisms and instruments , including evaluation and monitoring activities of union bodies , offices and agencies which are involved in the implementation of the schengen acquis and of the european union agency for fundamental rights as well as of independent national monitoring mechanisms and bodies and other national quality control mechanisms in preparing the evaluation and monitoring activities , to improve awareness on the functioning of the schengen area and to avoid the duplication of efforts and conflicting measures. ### 1. the commission shall use the results of relevant mechanisms and instruments , including evaluation and monitoring activities of union bodies , offices and agencies which are involved in the implementation of the schengen acquis as well as national quality control mechanisms in preparing the evaluation and monitoring activities , to improve awareness on the functioning of the schengen area and to avoid the duplication of efforts and conflicting measures.


### 2. recommendations under this regulation shall be complementary to recommendations made pursuant to article 32(7) of regulation (eu) 2019/1896 under the vulnerability assessment. ### deleted


### in the programming and implementation of the evaluations and monitoring activities , the commission shall take into account information provided by third parties , including independent authorities , non-governmental organisations and international organisations. ### in the programming and implementation of the evaluations and monitoring activities , the commission may take into account verified information provided by third parties directly involved in the implementation of the schengen acquis , including independent authorities , non-governmental organisations and international organisations. member states shall have the opportunity to comment on information provided by third parties.


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


### 1. the member state experts participating in evaluation and monitoring activities shall have appropriate qualifications , including a solid theoretical knowledge and practical experience in the areas covered by the evaluation and monitoring mechanism , along with sound knowledge of evaluation principles , procedures and techniques , and shall be able to communicate effectively in a common language. ### 1. the member state experts participating in evaluation and monitoring activities shall have appropriate qualifications , including a theoretical knowledge and practical experience in the areas covered by the evaluation and monitoring mechanism , along with knowledge of evaluation principles , procedures and techniques , and shall be able to communicate effectively in a common language.


### it may include visits to and meetings with national authorities and bodies , non-governmental and international organisations as well as other entities , agencies and bodies involved in , participating in or concerned by the implementation of the schengen acquis while cooperating with the member state subject to the evaluation or monitoring activity. ### it may include visits to and meetings with national authorities and bodies , non-governmental and international organisations as well as other entities , agencies and bodies directly involved in or participating in the implementation of the schengen acquis while cooperating with the member state subject to the evaluation or monitoring activity.


### it may include visits to and meetings with national authorities and bodies , non-governmental and international organisations as well as other entities , agencies and bodies involved in , participating in or concerned by the implementation of the schengen acquis while cooperating with the member state subject to the evaluation or monitoring activity. ### it may include visits to and meetings with national authorities and bodies , international organisations as well as other entities , agencies and bodies involved in , participating in or concerned by the implementation of the schengen acquis while cooperating with the member state subject to the evaluation or monitoring activity.


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


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


### 5. the evaluation report shall contain recommendations for remedial actions aimed at addressing the deficiencies and areas for improvement identified during the evaluation and give an indication of the priorities for implementing them. the evaluation report may set deadlines for the implementation of recommendations. where the evaluation identifies a serious deficiency , the specific provisions set out in article 23 shall apply. ### 5. the evaluation report shall contain recommendations for remedial actions aimed at addressing the deficiencies and areas for improvement identified during the evaluation and give an indication of the priorities for implementing them. it is for the council to adopt these recommendations. where the evaluation identifies a serious deficiency , the specific provisions set out in article 23 shall apply.


### 6. the commission shall transmit the draft evaluation report to the evaluated member state within four weeks of the end of the evaluation activity. the evaluated member state shall provide its comments on the draft evaluation report within two weeks of its receipt. a drafting meeting shall be held at the request of the evaluated member state , no later than five working days from the receipt of the comments from the evaluated member state. the comments of the evaluated member state may be reflected in the draft evaluation report. ### 6. the commission shall transmit the draft evaluation report to the evaluated member state within four weeks of the end of the evaluation activity. the evaluated member state shall provide its comments on the draft evaluation report within four weeks of its receipt. a drafting meeting shall be held at the request of the evaluated member state , no later than five working days from the receipt of the comments from the evaluated member state. the comments of the evaluated member state may be reflected in the draft evaluation report.


### 1. within two months of the adoption of the evaluation report , the evaluated member state shall submit to the commission and the council an action plan to implement all the recommendations included in the evaluation report. ### 1. within two months of the adoption of the evaluation report , the evaluated member state shall submit to the commission and the council an action plan to implement the council's recommendations.


### if the commission does not consider that all the recommendations have been sufficiently addressed , the evaluated member state shall submit a revised action plan within one month of the receipt of the observations. ### if the commission does not consider that all the recommendations linked to findings of non-compliance have been sufficiently addressed , the evaluated member state shall submit a revised action plan within one month of the receipt of the observations.


### 3. the evaluated member state shall report to the commission and the council on the implementation of its action plan every six months from the adoption of the evaluation report until the commission considers the action plan fully implemented. depending on the nature of the deficiencies and the state of implementation of the recommendations , the commission may require the evaluated member state a different reporting frequency. ### 3. the evaluated member state presents to the council and the commission on the implementation of its action plan every six months from the adoption of the evaluation report until action plan is fully implemented.


### where the commission considers the action plan implemented , it shall inform the evaluated member state about the closure of the action plan. ### deleted


### the evaluated member state shall take immediate remedial actions including , where necessary , mobilising all available operational and financial means. the evaluated member state shall inform without delay the commission and the member states about the immediate remedial actions taken or planned. in parallel , the commission shall inform the respective union bodies , offices and agencies referred to in article 7 of the serious deficiency in view of their possible support to the evaluated member state. the commission shall also inform the council and the european parliament. ### the evaluated member state shall take immediate remedial actions to re-establish effective internal border controls.


### the evaluated member state shall provide its comments on the draft evaluation report within five working days of its receipt. ### the evaluated member state shall provide its comments on the draft evaluation report within fifteen working days of its receipt.


### 10. if the serious deficiency is deemed to constitute a serious threat to public policy or internal security within the area without internal border controls , or a serious and systematic fundamental rights violation , the commission , on its own initiative or at the request of the european parliament or of a member state , shall immediately inform thereof the european parliament and the council. ### 10. if the serious deficiency is deemed to constitute a serious threat to public policy or internal security , the commission , on its own initiative or at the request of the european parliament or of a member state , shall immediately inform thereof the european parliament and the council.


### 9. recalls the suggestion of the european court of auditors in 2018 to publish vacancy notices on the website of the european personnel selection office in order to increase publicity and to avoid incurring high translation costs; notes that the agency publishes all its vacancies on the interagency job board developed by the eu agencies network; calls for the agency to take appropriate measures and report an update to the discharge authority with steps taken to publish vacancy notices on the website of the european personnel selection office; ### 9. recalls the suggestion of the european court of auditors in 2018 to publish vacancy notices on the website of the european personnel selection office in order to increase publicity and to avoid incurring high translation costs; notes that the agency publishes all its vacancies on its own website , social media and on the interagency job board developed by the eu agencies network; calls for the agency to take appropriate measures and report an update to the discharge authority with steps taken to publish vacancy notices on the website of the european personnel selection office;


### 10. recalls from the court’s report 2018 that the agency had not yet introduced all the tools launched by the commission aiming to introduce a single solution for the electronic exchange of information with third parties participating in public procurement procedures (e-procurement); notes that the agency introduced e-invoicing and e-tendering in 2018 and introduced e-submission in 2019 , thus fully implementing e-procurement; ### 10. recalls from the court’s report 2018 that the agency had not yet introduced all the tools launched by the commission aiming to introduce a single solution for the electronic exchange of information with third parties participating in public procurement procedures (e-procurement); welcomes the fact that the agency introduced e-invoicing and e-tendering in 2018 and introduced e-submission in 2019 , thus fully implementing e-procurement;


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


### ‘the applicant is of a nationality or , in the case of stateless persons , a former habitual resident of a third country for which the proportion of decisions by the determining authority granting international protection is , according to the latest available yearly union-wide average eurostat data , 20% or lower , unless a significant change has occurred in the third country concerned since the publication of the relevant eurostat data or the applicant belongs to a category of persons for whom the proportion of 20% or lower cannot be considered as representative for their protection needs;’ ### the applicant is of a nationality or , in the case of stateless persons , a former habitual resident of a third country for which the proportion of decisions by the determining authority granting international protection is , according to the latest available yearly union-wide average eurostat data , 50% or lower , unless a significant change has occurred in the third country concerned since the publication of the relevant eurostat data or the applicant belongs to a category of persons for whom the proportion of 50% or lower cannot be considered as representative for their protection needs;’


### ‘the applicant is of a nationality or , in the case of stateless persons , a former habitual residence of a third country for which the proportion of decisions granting international protection by the determining authority is , according to the latest available yearly union-wide average eurostat data , 20% or lower , unless a significant change has occurred in the third country concerned since the publication of the relevant eurostat data or the applicant belongs to a category of persons for whom the proportion of 20% or lower cannot be considered as representative for their protection needs;’ ### the applicant is of a nationality or , in the case of stateless persons , a former habitual residence of a third country for which the proportion of decisions granting international protection by the determining authority is , according to the latest available yearly union-wide average eurostat data , 50% or lower , unless a significant change has occurred in the third country concerned since the publication of the relevant eurostat data or the applicant belongs to a category of persons for whom the proportion of 50% or lower cannot be considered as representative for their protection needs;’


### 1. following the screening procedure carried out in accordance with regulation (eu) no xxx/xxx [screening regulation] , and provided that the applicant has not yet been authorised to enter member states’ territory , a member state may examine an application in a border procedure where that application has been made by a third-country national or stateless person who does not fulfil the conditions for entry in the territory of a member state as set out in article 6 of regulation (eu) 2016/399. the border procedure may take place: ### 1. following the screening procedure carried out in accordance with regulation (eu) no xxx/xxx [screening regulation] , and provided that the applicant has not yet been authorised to enter member states’ territory , a member state shall examine an application in a border procedure where that application has been made by a third-country national or stateless person who does not fulfil the conditions for entry in the territory of a member state as set out in article 6 of regulation (eu) 2016/399. the border procedure shall take place in all cases.


### following an application made at an external border crossing point or in a transit zone; ### deleted


### following apprehension in connection with an unauthorised crossing of the external border; ### deleted


### following disembarkation in the territory of a member state after a search and rescue operation; ### deleted


### following relocation in accordance with article [x] of regulation (eu) no xxx/xxx [ex dublin regulation]. ### deleted


### 2. where a border procedure is applied , decisions may be taken on the following: ### 2. in a border procedure , decisions may be taken on the following:


### the merits of an application in an accelerated examination procedure in the cases referred to in article 40(1) ### the merits of an application.


### 3. member state shall examine an application in a border procedure in the cases referred to in paragraph 1 where the circumstances referred to in article 40(1) , point (c) , (f) or (i) , apply. ### deleted


### 3. member state shall examine an application in a border procedure in the cases referred to in paragraph 1 where the circumstances referred to in article 40(1) , point (c) , (f) or (i) , apply. ### 3. member state may examine an application in a border procedure in the cases referred to in paragraph 1 where the circumstances referred to in article 40(1) , point (c) or (f) apply.


### 4. a member state may decide not to apply paragraph 3 to nationals or stateless persons who are habitual residents of third countries for which that member state has submitted a notification to the commission in accordance with article 25a(3) of regulation (ec) no 810/2009. ### deleted


### where , following the examination carried out in accordance with article 25a(4) of regulation (ec) no 810/2009 , the commission considers that the third country is cooperating sufficiently , the member state shall again apply the provisions of paragraph 3. ### deleted


### where the commission considers that the third country concerned is not cooperating sufficiently , the member state may continue not to apply paragraph 3: ### deleted


### 5. the border procedure may only be applied to unaccompanied minors and to minors below the age of 12 and their family members in the cases referred to in article 40(5) (b). ### deleted


### 5. the border procedure may only be applied to unaccompanied minors and to minors below the age of 12 and their family members in the cases referred to in article 40(5) (b). ### 5. the border procedure may not be applied to unaccompanied minors and to minors below the age of 12 and their family members.


### 1. stresses that organised crime has demonstrated a high degree of infiltration into the social , economic , entrepreneurial and administrative structure of member states , as well as an ability to launder in the legal economy the huge proceeds of crimes including those committed against the eu’s financial interests , thus representing a serious threat to eu citizens’ liberties , as well as to democracy and the rule of law , and necessitating a common , coordinated response from the eu and its member states; welcomes , in this regard , the 2021-2025 eu strategy to tackle organised crime , presented by the commission on 14 april 2021; ### 1. stresses that organised crime has demonstrated a high degree of infiltration into the social , political , economic , financial , entrepreneurial and administrative structure of member states , as well as an ability to launder in the legal economy the huge proceeds of crimes including those committed against the eu’s financial interests , thus representing a serious threat to eu citizens’ liberties , as well as to democracy and the rule of law , and necessitating a common , coordinated response from the eu and its member states; welcomes , in this regard , the 2021-2025 eu strategy to tackle organised crime , presented by the commission on 14 april 2021;


### a. whereas financial and economic crime includes corruption , fraud , coercion , collusion , obstruction , money laundering and financing of terrorism; ### a. whereas financial and economic crime makes use of corruption , fraud , coercion , violence , collusion , obstruction and intimidation for unlawful gain , concealing the money of illegal origin through money laundering , with the option of using it for further unlawful purposes , including the financing of terrorism;