### g. whereas in its resolution of 17 april 2020 on eu coordinated action to combat the covid-19 pandemic and its consequences4 , parliament deemed totally incompatible with european values the hungarian government’s decision to prolong the state of emergency indefinitely , to authorise itself to rule by decree without a time limit , and to weaken the emergency oversight of the hungarian parliament; whereas in its opinion on the 2020 convergence programme of hungary of 20 july 2020 , the council recommended ensuring that any emergency measures be strictly proportionate , limited in time and in line with european and international standards , that they do not interfere with business activities and the stability of the regulatory environment , and the effective involvement of social partners and stakeholders in the policy-making process; ### g. whereas in its resolution of 17 april 2020 on eu coordinated action to combat the covid-19 pandemic and its consequences4 , parliament falsely deemed totally incompatible with european values the hungarian government’s decision to prolong the state of emergency and created unnecessary political hysteria based on factual errors; whereas the extraordinary powers of the government have only been exercised insofar as were necessary and proportionate to prevent , tackle and eliminate the covid-19 outbreak and preventing and combating its detrimental effects; whereas , contrary to the fake news spread also in the european parliament , the hungarian national assembly has been holding regular plenary and committee sessions since the state of danger was proclaimed; whereas in its opinion on the 2020 convergence programme of hungary of 20 july 2020 , the council recommended ensuring that any emergency measures be strictly proportionate , limited in time and in line with european and international standards , that they do not interfere with business activities and the stability of the regulatory environment , and the effective involvement of social partners and stakeholders in the policy-making process;


### 16. recalls that the european anti-fraud office opened an investigation in 2019 involving the agency; reiterates its call on the agency to fully cooperate with olaf and to keep the discharge authority informed on any developments that are relevant for the discharge procedure; ### 16. recalls that the european anti-fraud office opened an investigation in 2019 involving the agency and pinpointed irregularities; reiterates its call on the agency to fully cooperate with olaf and to keep the discharge authority informed on any developments that are relevant for the discharge procedure;


### 17. notes from the agency’s replies to the parliament’s written questions that in total 17 cases of harassment were reported to the agency’s competent entities in 2020; calls on the agency to carefully assess each case , taking a zero-tolerance approach to psychological or sexual harassment; welcomes the training received by the confidential counsellors and the actions undertaken to raise awareness among staff and inform staff on the confidential counsellors; welcomes the online awareness-raising sessions for executive , senior , and middle managers and team leaders , and that dedicated awareness sessions were organised to staff members that signed up for such sessions; ### 17. expresses alarm at the agency’s replies to the parliament’s written questions to the effect that in total 17 cases of harassment were reported to the agency’s competent entities in 2020; calls on the agency to carefully assess each case , taking a zero-tolerance approach to psychological or sexual harassment; welcomes the training received by the confidential counsellors and the actions undertaken to raise awareness among staff and inform staff on the confidential counsellors; welcomes the online awareness-raising sessions for executive , senior , and middle managers and team leaders , and that dedicated awareness sessions were organised to staff members that signed up for such sessions;


### 6. notes that , since the request for guidance from the agency , the edps has been in a dialogue with the agency about the matter , that it set up a dedicated action plan and that the agency has been given 12 months to implement the order to proceed with dsc for all datasets existing on the day of the decision of the edps and six months from the date of reception of new datasets; notes the agency's stated commitment to the highest standards of data protection , noting that regulation (eu) 2016/794 does not contain an explicit provision regarding a maximum time period to determine the dsc and that the decision of the edps will impact the agency's ability to analyse complex and large datasets at the request of the union's law enforcement organisations since the agency's support frequently entails a period longer than six months , as illustrated by some of the agency’s most prominent cases in recent years; calls on the agency and the legislator , where appropriate , to find ways to comply with and address the edps' concerns; ### 6. notes that , since the request for guidance from the agency , the edps has been in a dialogue with the agency about the matter , that it set up a dedicated action plan and that the agency has been given 12 months to implement the order to proceed with dsc for all datasets existing on the day of the decision of the edps and six months from the date of reception of new datasets; notes the agency's stated commitment to the highest standards of data protection , noting that regulation (eu) 2016/794 does not contain an explicit provision regarding a maximum time period to determine the dsc and that the decision of the edps will impact the agency's ability to analyse complex and large datasets at the request of the union's law enforcement organisations since the agency's support frequently entails a period longer than six months , as illustrated by some of the agency’s most prominent cases in recent years; calls on the agency and the legislator , where appropriate , to find ways to comply with and address the edps' concerns and ensure and maintain the agency’s operational capacity;


### f. whereas interpol has reformed and strengthened the review processes for its red notices; whereas , however , serious concerns remain that data sharing is being abused by authoritarian states to persecute human rights defenders through deliberate targeting and other forms of abuse; ### f. whereas interpol has reformed and strengthened the review processes for its red notices; whereas , however , serious concerns remain that data sharing is being abused by united arab emirates (uae) and others authoritarian states to persecute human rights defenders through deliberate targeting and other forms of abuse;


### e. facilitate a more efficient complaints mechanism by making it faster , more interactive and more transparent; ### e. facilitate a more efficient complaints mechanism by making it faster , more interactive and more transparent; setup an independent appeals body against the decisions of the commission for the control of files (ccf);


### f. put a stop to politically motivated notices , including by more effectively imposing corrective action on member states that frequently break interpol’s rules. ### f. put a stop to politically motivated notices , including by more effectively imposing corrective action on member countries that frequently break interpol’s rules;


### (6) as the register has been set up after regulation (eu) 2018/1727 had already been adopted , the european judicial counter-terrorism register is neither technically well integrated at eurojust nor legally well integrated in regulation (eu) 2018/1727. therefore , it is necessary to remedy that. ### (6) as the register has been set up after regulation (eu) 2018/1727 had already been adopted , the european judicial counter-terrorism register is neither technically well integrated at eurojust nor legally well integrated in regulation (eu) 2018/1727. therefore , it is necessary to remedy that by adopting a consistent approach to the verification of identified potential links between terrorism cases and the effective follow-up of these links. the management of the information in the european judicial register and the follow-up of potential links must be carried out in full respect of confidentiality and data ownership.


### (8) as terrorist organisations are increasingly involved in other forms of serious crimes , such as trafficking in human beings , drug trafficking or money laundering , it is also necessary to cross-check judicial proceedings against such serious crimes. ### (8) as terrorist organisations are increasingly involved in other serious and sophisticated forms of financial and organised crime , such as trafficking in human beings , drug trafficking or money laundering , it is also necessary to cross-check judicial proceedings against such serious crimes.


### (10) the competent authorities need to know exactly what kind of information they have to transmit to eurojust , at what stage of the national proceedings and in which cases , in order to provide such data. this is expected to increase the information eurojust receives significantly. ### (10) the competent authorities need to know exactly what kind of information they have to transmit to eurojust , at what stage of the national proceedings , in accordance with national law , and in which cases , in order to provide such data. this is expected to increase the information eurojust receives significantly.


### (12) for the identification of cross-links between terrorism investigations and judicial proceedings against suspects of terrorist offences , reliable identification data is crucial. due to the uncertainties regarding alphanumerical data especially for third country nationals , it should be possible to exchange biometric data. due to the sensitive nature of biometric data and the impact processing of biometric data has on the respect for private and family life and the protection of personal data , as enshrined in articles 7 and 8 of the charter of fundamental rights of the european union , a strict necessity test should be applied by the competent authorities and eurojust in each case. ### (12) for the identification of cross-links between terrorism investigations and judicial proceedings against suspects of terrorist offences , reliable identification data is crucial. due to the uncertainties regarding alphanumerical data especially for third country nationals , it should be possible to exchange biometric data , provided that such data are collected and stored and can be transmitted to the competent national authorities in accordance with the national law of each member state. due to the sensitive nature of biometric data and the impact processing of biometric data has on the respect for private and family life and the protection of personal data , as enshrined in articles 7 and 8 of the charter of fundamental rights of the european union , a strict necessity test should be applied by the competent authorities and eurojust in each case.


### (13) as information about existing cross-links to other judicial proceedings is most useful at an early stage of the investigation , it is necessary that the competent authorities provide information to eurojust as soon as judicial authorities are involved. if the competent national authorities are already aware of cross-links , they should inform eurojust accordingly. ### (13) as information about existing cross-links to other judicial proceedings is most useful at an early stage of the investigation , it is necessary that the competent authorities provide information to eurojust as soon as the opportunity arises , in accordance with the national law of each member state. if the competent national authorities are already aware of cross-links , they should inform eurojust accordingly.


### (15) given the sensitive nature of judicial proceedings against suspects of terrorist offences , it is not always possible for the competent national authorities to share the information on terrorist offences at the earliest stage. such derogations from the obligation to provide information should remain an exception. ### (15) given the sensitive nature of judicial proceedings against suspects of terrorist offences , it is not always possible for the competent national authorities to share the information on terrorist offences at the earliest stage. if the transmission of information could jeopardise ongoing investigations or the security of the person or the member state concerned , the competent national authorities should not be obliged to provide eurojust with information on terrorist offences at the initial stage of the proceedings. information sharing should remain an exceptional measure.


### 1. denounces the existence of a shadowy offshore financial system with offices all over the world , which is allowing enrichment at the public’s expense; ### 1. denounces the existence of a shadowy offshore financial system with offices all over the world , which is allowing illicit enrichment by facilitating tax evasion , providing means for money laundering and bringing about financial instability at the public’s expense;


### 2. emphasises that the practices brought to light by the pandora papers revelations have a severe impact on the fiscal space of developing countries; ### 2. emphasises that the practices brought to light by the pandora papers revelations have a severe impact on the fiscal space of developing countries and severely undermine the rule of law and institutional resilience in these countries , which is an essential precondition to achieve sustainable development;


### 3. considers that tax avoidance by multinationals and the existence of tax havens offering no or extremely low effective tax rates are heavily detrimental to the fair collection of tax in countries in the global south; ### 3. considers that tax avoidance by multinationals and the existence of tax havens offering no or extremely low effective tax rates are heavily detrimental to the fair collection of tax in countries in the global south and shift the tax burden to personal income tax and value-added tax , which is particularly problematic in ldcs where small , medium and micro-enterprises and informal traders make up the bulk of economic activity; recalls that tax evasion entails massive financial losses for developing countries and that africa alone loses at least 88.6 billion dollars annually from illicit financial flows , which could bridge half of africa’s sustainable development goal (sdg)’s financing gap; stresses that revenue losses for public finances caused by tax evasion and illicit financial flows is one of the main factors that seriously worsen the indebtedness of many developing countries;


### 4. emphasises the structural implications of the tax avoidance practices of both multinationals and individuals for developing countries’ fiscal capacities and mid to long-term growth prospects; highlights the increase in inequality and poverty caused by the lack of fiscal space as a result of tax avoidance; ### 4. emphasises the structural implications of the tax avoidance practices of both multinationals and individuals for developing countries’ fiscal capacities and mid to long-term growth prospects and social development; highlights the increase in inequality , insecurity and poverty caused by the lack of fiscal space as a result of tax avoidance , which deprives governments in developing countries of the revenues they need to sustain investment in basic services and the economic infrastructure upon which broad-based economic growth depends;


### 5. recalls that the upcoming global corporate minimum tax will define a fixed baseline for corporate taxation , thereby combating corporate tax avoidance , and calls for the resulting fiscal capacities to be used to build resilient , sustainable and equal societies; calls for international cooperation on the corporate minimum tax to be utilised in such a way as to introduce better transparency measures for the prosecution of tax avoiders; ### 5. rejects the upcoming global corporate minimum tax; calls for international cooperation to introduce better transparency measures for the prosecution of tax avoiders;


### 5. recalls that the upcoming global corporate minimum tax will define a fixed baseline for corporate taxation , thereby combating corporate tax avoidance , and calls for the resulting fiscal capacities to be used to build resilient , sustainable and equal societies; calls for international cooperation on the corporate minimum tax to be utilised in such a way as to introduce better transparency measures for the prosecution of tax avoiders; ### 5. recalls that the upcoming global corporate minimum tax will define a fixed baseline for corporate taxation , thereby combating corporate tax avoidance , and calls for the resulting fiscal capacities to be used to build resilient , sustainable and equal societies; calls for international cooperation on the corporate minimum tax to be utilised in such a way as to introduce better transparency measures for the prosecution of tax avoiders and increase transparency and cooperation between governments;


### 6. calls for full international transparency on the real owners of letterbox companies and real estate; considers that the international exchange of information needs to be expanded to identify tax evaders and calls for greater efforts to tackle financial secrecy , including supporting capacity-building for tax administrations and tax investigations in developing countries. ### 6. calls for full international transparency on the real owners of letterbox companies and real estate; calls to ensure a high standard of transparency , while incorporating the interests , concerns and needs of developing countries; considers that the international exchange of information needs to be expanded to identify tax evaders and calls for greater efforts to tackle financial secrecy , including automatic exchange of information agreements and supporting capacity-building for tax administrations and tax investigations in developing countries through comprehensive technical assistance and ambitious funding;


### 27. ‘instrumentalisation of migrants’ refers to a situation where a third country instigates irregular migratory flows into the union by actively encouraging or facilitating the movement of third country nationals to the external borders , onto or from within its territory and then onwards to those external borders , where such actions are indicative of an intention of a third country to destabilise the union or a member state , where the nature of such actions is liable to put at risk essential state functions , including its territorial integrity , the maintenance of law and order or the safeguard of its national security; ### 27. ‘instrumentalisation of migrants’ means a situation where a third country or non state actor encourages or facilitates the movement of third country nationals to the external borders or to a member state with the aim of destabilising the union or a member state , where such actions are liable to put at risk essential functions of a member state , including the maintenance of law and order or the safeguard of its national security;


### 4. in a situation of instrumentalisation of migrants , member states may limit the number of border crossing points as notified pursuant to paragraph 1 or their opening hours where the circumstances so require. ### 4. member states may , in particular in a situation of instrumentalisation of migrants or in other situations of emergency at the border , temporarily close specific border crossing points as notified pursuant to paragraph 1 or limit their opening hours where the circumstances so require.


### 1. the main purpose of border surveillance shall be to detect and prevent unauthorised border crossings , to counter cross-border criminality and to take measures against persons who have crossed the border illegally. ### 1. the main purpose of border surveillance shall be to prevent and detect unauthorised border crossings , to counter cross-border criminality and to take measures against persons who have crossed the border illegally.


### 4. surveillance shall be carried out by stationary or mobile units which perform their duties by patrolling or stationing themselves at places known or perceived to be sensitive , the aim of such surveillance being to prevent unauthorised border crossings or apprehend individuals crossing the border illegally. surveillance may also be carried out by technical means , including electronic means , equipment and surveillance systems. ### 4. surveillance shall be carried out by stationary or mobile units which perform their duties by patrolling or stationing themselves at places known or perceived to be sensitive , the aim of such surveillance being to prevent unauthorised border crossings or apprehend individuals crossing or having crossed the border illegally. surveillance may also be carried out by technical means , including electronic means , equipment and surveillance systems and , where appropriate , all types of stationary and mobile infrastructure including border barriers and fences.


### 5. in a situation of instrumentalisation of migrants , the member state concerned shall intensify border surveillance as necessary in order to address the increased threat. in particular , the member state shall enhance , as appropriate , the resources and technical means to prevent an unauthorised crossing of the border. ### 5. member states shall intensify border surveillance as necessary in order to address increased threats , notably when they face a situation of instrumentalisation of migrants. in particular , the member states shall enhance , as appropriate , the resources and technical means to prevent unauthorised border crossings.


### 7. the commission shall be empowered to adopt delegated acts in accordance with article 37 concerning additional measures governing surveillance , including the development of standards for border surveillance , in particular the use of surveillance and monitoring technologies at the external borders , taking into account the type of borders , the impact levels attributed to each external border section in accordance with article 34 of the regulation (eu) 2019/1896 and other relevant factors. ### 7. the commission shall be empowered to adopt delegated acts in accordance with article 37 concerning additional measures governing surveillance , including the development of common minimum standards for border surveillance , in particular the use of surveillance and monitoring technologies at the external borders , taking into account the type of borders , the impact levels attributed to each external border section in accordance with article 34 of the regulation (eu) 2019/1896 and other relevant factors.


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


### a) the exercise of police or other public powers by the competent authorities of the member states in their territory , including in their internal border areas , as conferred on them under national law , insofar as the exercise of those powers does not have an effect equivalent to border checks. ### a) the exercise of police or other public powers by the competent authorities of the member states in their territory , including in their internal border areas , as conferred on them under national law , insofar as the exercise of those powers does not have an effect equivalent to border checks. the exercise of police or other public powers by the competent authorities of the member states in their territory , including in their border areas , should not have a disproportionate impact on fluidity of movement across the internal borders , notably by leading to excessive waiting times. in a spirit of dialogue and cooperation , member states should consult the neighbouring member state of their actions , in particular when the action is expected to have a more significant effect on cross-border traffic.


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


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


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


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


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


### article 2 ### deleted


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


### 1. for the purpose of providing solidarity contributions for the benefit of a member state in situations of crisis as set out in article 1(2)(a) , part iv of regulation (eu) xxx/xxx [asylum and migration management] shall apply mutatis mutandis , with the exception of article 45(1) , point (d) , article 47 , article 48 , article 49 , article 51(3)(b)(iii) and (4) , article 52(2) and (5) and article 53(2) , second and third subparagraphs. ### 1. for the purpose of providing solidarity contributions for the benefit of a member state in situations of crisis as set out in article 1(2)(a) , part iv of regulation (eu) xxx/xxx [asylum and migration management] shall apply mutatis mutandis , with the exception of article 45(1) , points (b) and (d) , article 46 , article 47 , article 48 , article 49 , article 51(3)(b)(iii) and (4) , article 52(2) and (5) and article 53(2) , second and third subparagraphs.


### 1. for the purpose of providing solidarity contributions for the benefit of a member state in situations of crisis as set out in article 1(2)(a) , part iv of regulation (eu) xxx/xxx [asylum and migration management] shall apply mutatis mutandis , with the exception of article 45(1) , point (d) , article 47 , article 48 , article 49 , article 51(3)(b)(iii) and (4) , article 52(2) and (5) and article 53(2) , second and third subparagraphs. ### 1. for the purpose of providing solidarity contributions for the benefit of a member state in situations of crisis as set out in article 1(2)(a) , part iv of regulation (eu) xxx/xxx [asylum and migration management] shall apply mutatis mutandis. the form of solidarity contributions should be based on the free choice of each contributing member state , tailored to their individual capabilities and taking into account their national specificities.


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


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


### 5. by way of derogation from article 51(3)(b)(ii) , article 52(1) and 52(3) first sub-paragraph and article 53(3)(a) of regulation (eu) xxx/xxx [asylum and migration management] , relocation shall include not only persons referred to in points (a) and (c) of article 45(1) of that regulation , but also persons referred to in points (a) and (b) of article 45(2). ### 5. by way of derogation from article 51(3)(b)(ii) , article 52(1) and 52(3) first sub-paragraph and article 53(3)(a) of regulation (eu) xxx/xxx [asylum and migration management] , relocation shall include not only persons referred to in points (a) and (c) of article 45(1) of that regulation , but also persons referred to in points (a) and (b) of article 45(2) and persons referred to in article 47(1).


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


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


### 1. where a member state considers that it is facing a crisis situation as referred to in article 1(2) , that member state shall submit a reasoned request to the commission for the purpose of applying the rules laid down in articles 4 , 5 or 6 as necessary. ### 1. where a member state considers that it is facing a crisis situation as referred to in article 1(2) , that member state may apply the rules laid down in articles 4 , 5 or 6 as necessary.


### 1. where a member state considers that it is facing a crisis situation as referred to in article 1(2) , that member state shall submit a reasoned request to the commission for the purpose of applying the rules laid down in articles 4 , 5 or 6 as necessary. ### 1. where a member state considers that it is facing a crisis situation as referred to in article 1(2) , that member state shall submit a reasoned request to the council for the purpose of applying the rules laid down in articles 4 , 5 or 6 as necessary.


### 2. where , on the basis of the examination carried out in accordance with paragraph 8 , the commission considers such a request justified , it shall , by means of an implementing decision , authorise the member state concerned to apply the derogatory rules laid down in articles 4 , 5 or 6. ### deleted


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


### 4. the commission may authorise the application of the rules laid down in articles 4 and 5 for six months. that period may be extended for a period not exceeding one year. ### 4. the application of the rules laid down in articles 4 and 5 may take as long as needed.


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


### 6. the implementing decision referred to in paragraph 2 shall be adopted in accordance with the procedure referred to in article 11(1). ### deleted


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


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


### article 4 ### deleted


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


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


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


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


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


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


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


### article 9 ### deleted


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


### article 10 ### deleted


### 10 granting of immediate protection status ### 10 the need for enhanced border protection.


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


### 1. in a crisis situation as referred to in article 1(2)(a) , and on the basis of an implementing act adopted by the commission in accordance with paragraph 4 of this article , member states may suspend the examination of applications for international protection in accordance with regulation (eu) xxx/xxx [asylum procedures regulation] and regulation (eu) xxx/xxx [qualification regulation] in respect of displaced persons from third countries who are facing a high degree of risk of being subject to indiscriminate violence , in exceptional situations of armed conflict , and who are unable to return to their country of origin. in such a case , member states shall grant immediate protection status to the persons concerned , unless they represent a danger to the national security or public order of the member state. such status shall be without prejudice to their ongoing application for international protection in the relevant member state. ### 1. in a crisis situation as referred to in article 1(2)(a) , and on the basis of an implementing act adopted by the commission in accordance with paragraph 4 of this article , member states may suspend the examination of applications for international protection in accordance with regulation (eu) xxx/xxx [asylum procedures regulation] and regulation (eu) xxx/xxx [qualification regulation] in respect of displaced persons from third countries who have travelled through multiple safe countries or left protection facilities in the own region. in such a case , member states shall protect their borders and ensure no such illegal applicant enters the member state.


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


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


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


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


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


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


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


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


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


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


### article 11 ### deleted


### adoption of implementing acts ### adoption of council decisions


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


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


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


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


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


### article 12 ### deleted


### 4. notes that the agency continued to strengthen operational cooperation and increase of referral of cases by the liaison prosecutors , resulting in 291 new cases in 2020 , representing a 17 % increase compared to 2019; notes that the agency reinforced the operational cooperation with its partners and third countries with the appointment of liaison prosecutors from serbia , georgia and albania , and through a 4 % increase in the number of common cases; further notes that the network of the agency contact points increased to 55 countries with the participation of uzbekistan , sri lanka , mexico and kosovo; notes that the agency stepped up its cooperation on criminal matters between the union and its south partner countries by becoming the host of the new phase of the euromed justice programme; ### 4. notes that the agency continued to strengthen operational cooperation and increase of referral of cases by the liaison prosecutors , resulting in 291 new cases in 2020 , representing a 17 % increase compared to 2019; welcomes the fact that the agency has reinforced the operational cooperation with its partners and third countries with the appointment of liaison prosecutors from serbia , georgia and albania , and through a 4% increase in the number of common cases; notes positively that the network of the agency contact points increased to 55 countries with the participation of uzbekistan , sri lanka , mexico and kosovo; is pleased that the agency has stepped up its cooperation on criminal matters between the union and its south partner countries by becoming the host of the new phase of the euromed justice programme;


### (1) the schengen area was created to achieve the union’s objective of establishing an area without internal frontiers in which the free movement of persons is ensured , as set out in article 3(2) of the treaty on european union (teu). the good functioning of this area relies on mutual trust between the member states and efficient management of the external border. ### (1) the schengen area was created to achieve an area without internal frontiers in which free movement is ensured. public trust and the functioning of the schengen area relies on mutual trust between the member states and a secure and efficiently managed external border.


### (2) the rules governing border control of persons crossing the external borders of the member states of the union are laid down in regulation (eu) 2016/399 of the european parliament and of the council (schengen borders code)21 as adopted under article 77(2)(b) of the treaty on the functioning of the european union (tfeu). to further develop the union’s policy with a view to carrying out checks on persons and efficiently monitoring the crossing of external borders referred to in the first paragraph of article 77 tfeu , additional measures should address situations where third-country nationals manage to avoid border checks at the external borders , or where third-country nationals are disembarked following search and rescue operations as well as where third-country nationals request international protection at a border crossing point without fulfilling entry conditions. the present regulation complements and specifies regulation (eu) 2016/399 with regard to those three sets of situations. ### (2) the rules governing border control of persons crossing the external borders of the member states of the union are laid down in regulation (eu) 2016/399 of the european parliament and of the council (schengen borders code)21 as adopted under article 77(2)(b) of the treaty on the functioning of the european union (tfeu). to further develop the union’s policy with a view to carrying out checks on persons and efficiently monitoring the crossing of external borders referred to in the first paragraph of article 77 tfeu , additional measures should address situations where third-country nationals manage to avoid border checks at the external borders as well as where third-country nationals request international protection at a border crossing point without fulfilling entry conditions. the present regulation complements and specifies regulation (eu) 2016/399 with regard to those sets of situations.


### (2) the rules governing border control of persons crossing the external borders of the member states of the union are laid down in regulation (eu) 2016/399 of the european parliament and of the council (schengen borders code)21 as adopted under article 77(2)(b) of the treaty on the functioning of the european union (tfeu). to further develop the union’s policy with a view to carrying out checks on persons and efficiently monitoring the crossing of external borders referred to in the first paragraph of article 77 tfeu , additional measures should address situations where third-country nationals manage to avoid border checks at the external borders , or where third-country nationals are disembarked following search and rescue operations as well as where third-country nationals request international protection at a border crossing point without fulfilling entry conditions. the present regulation complements and specifies regulation (eu) 2016/399 with regard to those three sets of situations. ### (2) the rules governing border control of persons crossing the external borders of the member states of the union are laid down in regulation (eu) 2016/399 of the european parliament and of the council (schengen borders code)21 as adopted under article 77(2)(b) of the treaty on the functioning of the european union (tfeu). to further develop the union’s policy with a view to carrying out checks on persons and efficiently monitoring the crossing of external borders referred to in the first paragraph of article 77 tfeu , additional measures should address situations where third-country nationals manage to avoid , whether purposely or not , border checks at the external borders , or where third-country nationals are disembarked following search and rescue operations as well as where third-country nationals request international protection at a border crossing point without fulfilling entry conditions. the present regulation complements and specifies regulation (eu) 2016/399 with regard to those three sets of situations.


### (3) it is essential to ensure that in those three sets of situations , the third country nationals are screened , in order to facilitate a proper identification and to allow for them being referred efficiently to the relevant procedures which , depending on the circumstances , can be procedures for international protection or procedures respecting directive 2008/115/ec of the european parliament and of the council (the “return directive”)22 . the screening should seamlessly complement the checks carried out at the external border or compensate for the fact that those checks have been circumvented by the third country nationals when crossing the external border. ### (3) it is essential to ensure that in those three sets of situations , the third country nationals are screened , in order to facilitate a proper identification and to allow for them being referred efficiently to the relevant procedures which , depending on the circumstances , can be procedures for international protection or member state procedures enabling returns. the screening should complement the checks carried out at the external border or compensate for the fact that those checks have been circumvented by the third country nationals when crossing the external border.


### (3) it is essential to ensure that in those three sets of situations , the third country nationals are screened , in order to facilitate a proper identification and to allow for them being referred efficiently to the relevant procedures which , depending on the circumstances , can be procedures for international protection or procedures respecting directive 2008/115/ec of the european parliament and of the council (the “return directive”)22 . the screening should seamlessly complement the checks carried out at the external border or compensate for the fact that those checks have been circumvented by the third country nationals when crossing the external border. ### (3) it is essential to ensure that in those three sets of situations , the third country nationals are screened , in order to facilitate a proper identification and to efficiently and promptly refer them to the relevant procedures which , depending on the circumstances , can be procedures for international protection or procedures respecting directive 2008/115/ec of the european parliament and of the council (the “return directive”)22 . the screening should seamlessly complement the checks carried out at the external border or compensate for the fact that those checks have been circumvented by the third country nationals when crossing the external border.


### (3) it is essential to ensure that in those three sets of situations , the third country nationals are screened , in order to facilitate a proper identification and to allow for them being referred efficiently to the relevant procedures which , depending on the circumstances , can be procedures for international protection or procedures respecting directive 2008/115/ec of the european parliament and of the council (the “return directive”)22 . the screening should seamlessly complement the checks carried out at the external border or compensate for the fact that those checks have been circumvented by the third country nationals when crossing the external border. ### (3) it is essential to ensure that in those sets of situations , the third country nationals are screened , in order to facilitate a proper identification and to allow for them being referred efficiently to the relevant procedures which , depending on the circumstances , can be procedures for international protection or procedures respecting directive 2008/115/ec of the european parliament and of the council (the “return directive”)22 . the screening should seamlessly complement the checks carried out at the external border or compensate for the fact that those checks have been circumvented by the third country nationals when crossing the external border.


### (4) border control is in the interest not only of the member states at whose external borders it is carried out but of all member states which have abolished internal border control. border control should help to combat illegal migration and trafficking of human beings and to prevent any threat to the member states’ internal security , public policy , public health and international relations. as such , measures taken at the external borders are important elements of a comprehensive approach to migration , allowing to address the challenge of mixed flows of migrants and persons seeking international protection. ### (4) border control is in the interest not only of the member states at whose external borders it is carried out but of all member states. border control should help to combat illegal migration , amplify communication campaigns deterring migrants from illegally entering the eu and counteract the trafficking of human beings and to prevent any threat to the member states’ internal security , public policy , public health and international relations. as such , measures taken at the external borders are important elements of migration mitigation , allowing to address the challenge posed by mass migratory flows to european culture , society and way of life.


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


### (5) in accordance with article 2 of regulation (eu) 2016/399 , border control consists of border checks carried out at the border crossing points and border surveillance , which is carried out between the border crossing points , in order to prevent third-country nationals from circumventing border checks. in accordance with article 13 of regulation (eu) 2016/399 a person who has crossed a border in an unauthorised manner and who has no right to stay on the territory of the member state concerned shall be apprehended and made subject to procedures respecting directive 2008/115/ec. in accordance with article 3 of regulation (eu) 2016/399 , border control should be carried out without prejudice to the rights of refugees and persons requesting international protection , in particular as regards non-refoulement. ### (5) in accordance with article 2 of regulation (eu) 2016/399 , border control consists of border checks carried out at the border crossing points and border surveillance , which is carried out between the border crossing points , in order to prevent third-country nationals from circumventing border checks. a person who has crossed a border in an unauthorised manner shall not be allowed to request international protection and shall instead be returned to his or her port of origin , last safe transit country or country of origin.


### (5) in accordance with article 2 of regulation (eu) 2016/399 , border control consists of border checks carried out at the border crossing points and border surveillance , which is carried out between the border crossing points , in order to prevent third-country nationals from circumventing border checks. in accordance with article 13 of regulation (eu) 2016/399 a person who has crossed a border in an unauthorised manner and who has no right to stay on the territory of the member state concerned shall be apprehended and made subject to procedures respecting directive 2008/115/ec. in accordance with article 3 of regulation (eu) 2016/399 , border control should be carried out without prejudice to the rights of refugees and persons requesting international protection , in particular as regards non-refoulement. ### (5) in accordance with article 2 of regulation (eu) 2016/399 , border control consists of border checks carried out at the border crossing points and border surveillance , which is carried out between the border crossing points , in order to prevent third-country nationals from illegally circumventing border checks. in accordance with article 13 of regulation (eu) 2016/399 a person who has crossed a border in an unauthorised manner and who has no right to stay on the territory of the member state concerned shall be apprehended and made subject to procedures respecting directive 2008/115/ec.


### (6) border guards are often confronted with third-country nationals who are requesting international protection without travel documents , both following apprehension during border surveillance and during checks at the border crossing points. moreover , at some border sections the border guards are confronted with large numbers of arrivals at the same time. in such circumstances , it is particularly difficult to ensure that all relevant databases are consulted and to immediately determine the appropriate asylum or return procedure. ### (6) border guards are often confronted with third-country nationals who are requesting international protection without travel documents , both following apprehension during border surveillance and during checks at the border crossing points. moreover , at some border sections the border guards are confronted with large numbers of arrivals at the same time. in such circumstances , it is particularly difficult to ensure that all relevant databases are consulted to determine the return procedure or procedure for processing their request for international protection in a third country partner state reception centre.


### (6) border guards are often confronted with third-country nationals who are requesting international protection without travel documents , both following apprehension during border surveillance and during checks at the border crossing points. moreover , at some border sections the border guards are confronted with large numbers of arrivals at the same time. in such circumstances , it is particularly difficult to ensure that all relevant databases are consulted and to immediately determine the appropriate asylum or return procedure. ### (6) border guards are often confronted with third-country nationals who are requesting international protection without travel documents or any other documents supporting their claims , both following apprehension during border surveillance and during checks at the border crossing points. moreover , at some border sections the border guards are confronted with large numbers of arrivals at the same time. in such circumstances , it is particularly difficult to ensure that all relevant databases are consulted and to immediately determine the appropriate asylum or return procedure.


### (7) in order to ensure a swift handling of third-country nationals who try to avoid border checks or who request international protection at a border crossing point without fulfilling the entry conditions or who are disembarked following a search and rescue operation , it is necessary to provide a stronger framework for cooperation between the different national authorities responsible for border control , the protection of public health , the examination of the need for international protection and the application of return procedures. ### (7) in order to ensure a swift return of third-country nationals who entered illegally or try to avoid border checks or who request international protection at a border crossing point without fulfilling the entry conditions or who are not returned by the vessel to the port of origin following a search and rescue operation , it is necessary to provide a framework for cooperation between the different national authorities responsible for border control , the protection of public health and public safety enabling quick and efficient examination of the need for international protection in a third country partner state reception centre where international protection would be provided if the application is approved and if rejected ensuring swift returns to ports of origin , the last safe transit country or countries of origin.


### (7) in order to ensure a swift handling of third-country nationals who try to avoid border checks or who request international protection at a border crossing point without fulfilling the entry conditions or who are disembarked following a search and rescue operation , it is necessary to provide a stronger framework for cooperation between the different national authorities responsible for border control , the protection of public health , the examination of the need for international protection and the application of return procedures. ### (7) in order to ensure a swift handling of third-country nationals who try to avoid border checks or who request international protection at a border crossing point without fulfilling the entry conditions , it is necessary to provide a stronger framework for cooperation between the different national authorities responsible for border control , the protection of public health , the examination of the need for international protection and the application of return procedures.


### (7) in order to ensure a swift handling of third-country nationals who try to avoid border checks or who request international protection at a border crossing point without fulfilling the entry conditions or who are disembarked following a search and rescue operation , it is necessary to provide a stronger framework for cooperation between the different national authorities responsible for border control , the protection of public health , the examination of the need for international protection and the application of return procedures. ### (7) in order to ensure a swift and efficient handling of third-country nationals who try to avoid border checks or who request international protection at a border crossing point without fulfilling the entry conditions or who are disembarked following a search and rescue operation , it is necessary to provide a stronger framework for cooperation between the different national authorities responsible for border control , the protection of public health , the examination of the need for international protection and the application of return procedures.


### (8) in particular , the screening should help to ensure that the third-country nationals concerned are referred to the appropriate procedures at the earliest stage possible and that the procedures are continued without interruption and delay. at the same time , the screening should help to counter the practice whereby some applicants for international protection abscond after having been authorised to enter the territory of a member state based on their request for international protection , in order to pursue such requests in another member state or not at all. ### (8) screening should help to ensure that the third-country nationals concerned are referred to the appropriate procedures at the earliest stage possible and that the procedures are continued without interruption and delay. in particular , the screening should help to counter the practice whereby some applicants for international protection abscond after having been authorised to enter the territory of a member state based on their request for international protection , in order to pursue such requests in another member state or not at all.


### (9) with regard to those persons who apply for international protection , the screening should be followed by an examination of the need for international protection. it should allow to collect and share with the authorities competent for that examination any information that is relevant for the latter to identify the appropriate procedure for the examination of the application , thus speeding up that examination. the screening should also ensure that persons with special needs are identified at an early stage , so that any special reception and procedural needs are fully taken into account in the determination of and the pursuit of the applicable procedure. ### (9) with regard to those persons who apply for international protection , the screening should be followed by an examination of the need for international protection in a third country partner state reception centre. it should allow to collect and share with the authorities competent any information that is relevant to identify the appropriate procedure for the examination of the application , be it in a member state or a third country partner state reception centre , thus speeding up that examination , and for the swift relocation of persons awaiting returns to their last safe transit country , port of origin , their country of origin or transfer to a third country partner state reception centre.


### (9) with regard to those persons who apply for international protection , the screening should be followed by an examination of the need for international protection. it should allow to collect and share with the authorities competent for that examination any information that is relevant for the latter to identify the appropriate procedure for the examination of the application , thus speeding up that examination. the screening should also ensure that persons with special needs are identified at an early stage , so that any special reception and procedural needs are fully taken into account in the determination of and the pursuit of the applicable procedure. ### (9) with regard to those persons who apply for international protection , the screening may be followed by an examination of the need for international protection. it may allow to collect and share with the authorities competent for that examination any information that is relevant for the latter to identify the appropriate procedure for the examination of the application , if that would allow for speeding up that examination. the screening should also ensure that persons with special needs are identified at an early stage , so that any special reception and procedural needs are taken into account in the determination of and the pursuit of the applicable procedure.


### (10) the obligations stemming from this regulation should be without prejudice to the provisions concerning responsibility for examining an application for international protection regulated in regulation (eu) no xx/xxx [asylum and migration management regulation]. ### deleted


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


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


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


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


### (13) wherever it becomes clear during the screening that a third-country national subject to it fulfils the conditions of article 6 of regulation (eu) 2016/399 , the screening should end and the third-country national concerned should be authorised to enter the territory , without prejudice to the application of penalties as referred to in article 5(3) of that regulation. ### deleted


### (13) wherever it becomes clear during the screening that a third-country national subject to it fulfils the conditions of article 6 of regulation (eu) 2016/399 , the screening should end and the third-country national concerned should be authorised to enter the territory , without prejudice to the application of penalties as referred to in article 5(3) of that regulation. ### (13) wherever it becomes clear beyond any doubt during the screening that a third-country national subject to it fulfils the conditions of article 6 of regulation (eu) 2016/399 , the screening should end and the third-country national concerned should be authorised to enter the territory , without prejudice to the application of penalties as referred to in article 5(3) of that regulation.


### (17) the screening could also be followed by relocation under the mechanism for solidarity established by regulation (eu) xxx/xxx [asylum and migration management] where a member state is contributing to solidarity on a voluntary basis or the applicants for international protection are not subject to the border procedure pursuant to regulation (eu) no. xxx/xxx (asylum procedures regulation) , or under the mechanism addressing situations of crisis established by regulation (eu) xxx/xxx [regulation on situations of crisis]. ### deleted


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


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


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


### (19) the screening should be completed as soon as possible , and should not exceed 5 days where it is conducted at the external border and 3 days where it is conducted within the territory of a member state. any extension of the 5 days’ time limit should be reserved for exceptional situations at the external borders , where the capacities of the member state to handle screenings are exceeded for reasons beyond its control such as crisis situations referred to in article 1 of regulation xxx/xxx [crisis proposal]. ### (19) the screening should be completed as soon as possible , and should not exceed 14 days. any extension of the 14 days’ time limit should be reserved for exceptional situations at the external borders , such as where the capacities of the member state to handle screenings are exceeded for reasons beyond its control such as crisis situations referred to in article 1 of regulation xxx/xxx [crisis proposal] or if it is impossible to conclude the screening or the security , vulnerability and the age determination procedure within that time-limit.


### (20) the member states should determine appropriate locations for the screening at or in proximity to the external border taking into account geography and existing infrastructures , ensuring that apprehended third-country nationals as well as those who present themselves at a border crossing point can be swiftly submitted to the screening. the tasks related to the screening may be carried out in hotspot areas as referred to in point (23) of article 2 of regulation (eu) 2019/1896 of the european parliament and of the council23 . ### (20) the member states should determine appropriate locations for the screening at or in close proximity to the external border taking into account geography and existing infrastructures , ensuring that apprehended third-country nationals as well as those who present themselves at a border crossing point can be swiftly submitted to the screening. in any case , the persons under the screening procedure shall not be deemed to be on the territory of a member state. the tasks related to the screening may be carried out in hotspot areas as referred to in point (23) of article 2 of regulation (eu) 2019/1896 of the european parliament and of the council23 .


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


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


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


### (22) when conducting the screening , the competent authorities should comply with the charter of fundamental rights of the european union and ensure the respect for human dignity and should not discriminate against persons on grounds of sex , racial , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinions , membership of a national minority , disability , age or sexual orientation. particular attention should be paid to the best interests of the child. ### (22) when conducting the screening , the competent authorities are expected to comply with national law and any relevant provision in bilateral , multilateral , or eu-agreements with third country partner states hosting reception centres , as well as to ensure the procedure respects human dignity.


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