### information provided to the single point of contact or the law enforcement authorities of another member state that is marked as confidential is protected by those law enforcement authorities in accordance with the requirements set out in the national law of that member state offering a similar level of confidentiality (‘principle of confidentiality’). ### information provided to the single point of contact or the law enforcement authorities of another member state that is marked as confidential is protected by those law enforcement authorities in accordance with the requirements set out in the national law of that member state offering a similar level of confidentiality (‘principle of confidentiality’);


### where a member state has decided that , in addition to its single point of contact , its law enforcement authorities may also submit requests for information to the single points of contact of other member states , it shall ensure that those authorities send , at the same time as submitting such requests , a copy of those requests , and of any other communication relating thereto , to the single point of contact of that member state. ### where a member state has laid down in a specific national legal framework that , in addition to its single point of contact , its law enforcement authorities may also submit requests for information to the single points of contact of other member states , it shall provide a list of these law enforcement authorities to the commission. member states shall ensure that those authorities send , at the same time as submitting such requests , a copy of those requests , and of any other communication relating thereto , to the single point of contact of that member state.


### where a member state has decided that , in addition to its single point of contact , its law enforcement authorities may also submit requests for information to the single points of contact of other member states , it shall ensure that those authorities send , at the same time as submitting such requests , a copy of those requests , and of any other communication relating thereto , to the single point of contact of that member state. ### where a member state has laid down in a specific national legal framework that , in addition to its single point of contact , its law enforcement authorities may also submit requests for information to the single points of contact of other member states , it shall ensure that those authorities send , at the same time as submitting such requests , a copy of those requests , and of any other communication relating thereto , to the single point of contact of that member state.


### 3. any request for information to the single point of contact of another member state shall specify whether or not it is urgent. ### 3. any request for information to the single point of contact of another member state shall specify and justify whether or not it is urgent.


### necessary in order to protect a person’s vital interests which are at imminent risk; ### necessary in order to protect a person’s vital interests which are at imminent risk or prevent an imminent threat to life or physical integrity;


### necessary to adopt a decision that may involve the maintenance of restrictive measures amounting to a deprivation of liberty; ### necessary to adopt a decision that may involve the maintenance of restrictive measures amounting to a restriction or deprivation of liberty;


### 4. requests for information to the single point of contact of another member state shall contain all necessary explanations to allow for their adequate and rapid processing in accordance with this directive , including at least the following: ### 4. requests for information to the single point of contact of another member state shall contain all necessary details and explanations to allow for their adequate and rapid processing in accordance with this directive , including at least the following:


### the reasons for which the request is considered urgent , where applicable. ### the reasons for which the request is considered urgent , where applicable , in accordance to paragraph 3.


### seven calendar days , for all requests that are not urgent. ### seven calendar days , for all requests that are not urgent , and do not require a judicial authorisation;


### seven calendar days , for all requests that are not urgent. ### five calendar days , for all requests that are not urgent.


### the time periods laid down in the first subparagraph shall commence at the moment of the reception of the request for information. ### the time limits laid down in the first subparagraph shall commence at the moment of the reception of the request for information.


### 2. where under its national law in accordance with article 9 the requested information is available only after having obtained a judicial authorisation , the requested member state may deviate from the time limits referred to paragraph 1 insofar as necessary for obtaining such authorisation. ### 2. where under its national law in accordance with article 9 the requested information is available only after having obtained a judicial authorisation , member states shall ensure that their single point of contact keep the single point of contact or , where applicable , the law enforcement authority of the requesting member state updated and provide the requested information as soon as possible after obtaining the judicial authorisation.


### in such cases , member states shall ensure that their single point of contact does both of the following: ### deleted


### immediately inform the single point of contact or , where applicable , the law enforcement authority of the requesting member state of the expected delay , specifying the length of the expected delay and the reasons therefore; ### deleted


### (ii) subsequently keep it updated and provide the requested information as soon as possible after obtaining the judicial authorisation. ### deleted


### be contrary to the essential interests of the security of the requested member state; ### be contrary to the essential interests of the internal security of the requested member state;


### (iii) unduly harm the vital interests of a natural or legal person. ### (iii) unduly harm the vital interests of a natural or legal person or pose an imminent threat to life or the physical integrity of a natural person;


### (iii) unduly harm the vital interests of a natural or legal person. ### (iii) unduly harm the vital interests and integrity of a natural or legal person.


### 2. member states shall ensure that their single point of contact informs the single point of contact or , where applicable , the law enforcement authority of the requesting member state of the refusal , specifying the reasons for the refusal , within the time limits provided for in article 5(1). ### 2. member states shall ensure that their single point of contact informs the single point of contact or , where applicable , the law enforcement authority of the requesting member state of the refusal , specifying the reasons for the refusal , within the time limits provided for in article 5(1).


### member states shall ensure that , where single points of contact or law enforcement authorities submit requests for information directly to the law enforcement authorities of another member state , their single points of contact or their law enforcement authorities send , at the same time as they send such requests , provide information pursuant to such requests or send any other communications relating thereto , a copy thereof to the single point of contact of that other member state and , where the sender is a law enforcement authority , also to the single point of contact of its own member state. ### 1. member states shall ensure that , where single points of contact or law enforcement authorities submit requests for information directly to the law enforcement authorities of another member state , their single points of contact or their law enforcement authorities send , at the same time as they send such requests , provide information pursuant to such requests or send any other communications relating thereto , a copy thereof to the single point of contact of that other member state and , where the sender is a law enforcement authority , also to the single point of contact of its own member state.


### 2. member states shall ensure that , where their national law requires a judicial authorisation for the provision of information to the single points of contact or the law enforcement authority of another member state in accordance with paragraph 1 , their single points of contact or their law enforcement authorities immediately take all necessary steps , in accordance with their national law , to obtain such judicial authorisation as soon as possible. ### 2. member states shall ensure that , where their national law requires a judicial authorisation for the provision of information to the single points of contact or the law enforcement authority of another member state in accordance with paragraph 1 , their single points of contact or their law enforcement authorities immediately take all necessary steps , in accordance with their national law , to obtain such judicial authorisation as soon as possible and within the time limits foreseen in article 5(1).


### 3. the requests for judicial authorisation referred to in paragraph 1 shall be assessed and decided upon in accordance with the national law of the member state of the competent judicial authority. ### 3. the requests for judicial authorisation referred to in paragraph 2 shall be assessed and decided upon in accordance with the national law of the member state of the competent judicial authority.


### the categories of personal data provided remain limited to those listed in section b , point 2 , of annex ii to regulation (eu) 2016/794; ### the categories of personal data provided remain limited to those listed , in annex ii of regulation(eu) 2016/794 and necessary for achieving the purpose of the request;


### (ii) their single point of contact or their law enforcement authorities also provide , at the same time and insofar as possible , the necessary elements enabling the single point of contact or the law enforcement authority of the other member state to assess the degree of accuracy , completeness and reliability of the personal data , as well as the extent to which the personal data are up to date. ### (ii) their single point of contact or their law enforcement authorities also provide , at the same time and insofar as possible , the necessary elements enabling the single point of contact or the law enforcement authority of the other member state to assess the degree of accuracy , completeness and reliability of the personal data , as well as the extent to which the personal data are up to date and their period of validity where relevant.


### 1. member states shall establish and keep up to date a list with one or more of the official languages of the union in which their single point of contact is able to provide information upon a request for information or on its own initiative. that list shall include english. ### 1. member states shall establish and keep up to date a list with one or more of the official languages of the union in which their single point of contact is able to receive and provide information upon a request for information or on its own initiative. that list shall include english.


### member states shall ensure that , where their single point of contact or their law enforcement authorities send requests for information , provide information pursuant to such requests , provide information on their own initiative or send other communications relating thereto under chapters ii and iii , they also send , at the same time , a copy thereof to europol , insofar as the information to which the communication relates concerns offences falling within the scope of the objectives of europol in accordance with regulation (eu) 2016/794. ### 1. member states shall ensure that , where their single point of contact or their law enforcement authorities send requests for information , provide information pursuant to such requests , provide information on their own initiative or send other communications relating thereto under chapters ii and iii , they also send , at the same time , a copy thereof to europol , insofar as the information to which the communication relates concerns offences falling within the scope of the objectives of europol in accordance with regulation (eu) 2016/794 following a thorough assessment made by qualified staff.


### member states shall ensure that , where their single point of contact or their law enforcement authorities send requests for information , provide information pursuant to such requests , provide information on their own initiative or send other communications relating thereto under chapters ii and iii , they also send , at the same time , a copy thereof to europol , insofar as the information to which the communication relates concerns offences falling within the scope of the objectives of europol in accordance with regulation (eu) 2016/794. ### member states shall ensure that , where their single point of contact or their law enforcement authorities send requests for information , provide information pursuant to such requests , provide information on their own initiative or send other communications and relevant information relating thereto under chapters ii and iii , they also send , at the same time , a copy thereof to europol , insofar as the information to which the communication relates concerns offences falling within the scope of the objectives of europol in accordance with regulation (eu) 2016/794.


### 1. member states shall ensure that , where their single point of contact or their law enforcement authorities send requests for information , provide information pursuant to such requests , provide information on their own initiative or send other communications relating thereto under chapters ii and iii or under article 12 , they do so through siena. ### 1. member states shall ensure that , where their single point of contact or their law enforcement authorities send requests for information , provide information pursuant to such requests , provide information on their own initiative or send other communications relating thereto under chapters ii and iii or under article 12 , they do so only through siena.


### 1. each member state shall establish or designate one national single point of contact , which shall be the central entity responsible for coordinating exchanges of information under this directive. ### 1. each member state shall establish or designate a single national single point of contact , which shall be the central entity responsible for coordinating exchanges of information under this directive.


### 2. member states shall ensure that their single point of contact is empowered to carry out at least all of the following tasks: ### 2. member states shall ensure that their single point of contact is empowered and equipped to carry out at least all of the following tasks:


### receive and evaluate requests for information; ### receive and evaluate requests for information in the language used;


### their single point of contact has access to all information available to their law enforcement authorities , insofar as necessary to carry out its tasks under this directive; ### their single point of contact has access to all information available to their law enforcement authorities , insofar as necessary to carry out its tasks under this directive and in compliance with the protection of personal data related to regulation (eu) 2016/680;


### their single point of contact is provided with the staff , resources and capabilities , including for translation , necessary to carry out its tasks in an adequate and rapid manner in accordance with this directive and in particular the time limits set out in article 5(1); ### their single point of contact is provided with the staff , financial and technical resources , premises , infrastructure and capabilities , including for translation , necessary for the effective , adequate and rapid performance of its tasks in accordance with this directive and in particular the time limits set out in article 5(1);


### their single point of contact is provided with the staff , resources and capabilities , including for translation , necessary to carry out its tasks in an adequate and rapid manner in accordance with this directive and in particular the time limits set out in article 5(1); ### their single point of contact is provided with the staff , modern operational tools , resources and capabilities , including for translation , necessary to carry out its tasks in an adequate and rapid manner in accordance with this directive and in particular the time limits set out in article 5(1);


### their single point of contact is provided with the staff , resources and capabilities , including for translation , necessary to carry out its tasks in an adequate and rapid manner in accordance with this directive and in particular the time limits set out in article 5(1); ### their single point of contact is provided with the qualified staff , resources and capabilities , including for translation , necessary to carry out its tasks in an adequate and rapid manner in accordance with this directive and in particular the time limits set out in article 5(1);


### composition ### organisation , composition and training


### recording incoming and outgoing requests for information referred to in articles 5 and 8 , as well as any other communications with single points of contact and , where applicable , law enforcement authorities of other member states relating to such requests , including the information about refusals and the requests for and provision of clarifications referred to in article 6(2) and (3) respectively; ### recording incoming and outgoing requests for information referred to in articles 5 and 8 , as well as any other communications with single points of contact and , where applicable , law enforcement authorities of other member states relating to such requests , including the information about refusals and the requests for and provision of clarifications referred to in article 6(2) and (3) respectively , as well as the request for reassessment of a refusal , pursuant to article 6(2);


### 3. member states shall ensure that any personal data processed by their single point of contact are contained in the case management system only for as long as is necessary and proportionate for the purposes for which the personal data are processed and are subsequently irrevocably deleted. ### 3. member states shall ensure that any personal data processed by their single point of contact are contained in the case management system only for as long as is necessary and proportionate for the purposes for which the personal data are processed to limit the duplication of such data to the strict minimum , and are subsequently irrevocably deleted. member states may impose time limits for the processing and storage of such personal data to their single point of contact and competent law enforcement authorities.


### 3. member states shall ensure that any personal data processed by their single point of contact are contained in the case management system only for as long as is necessary and proportionate for the purposes for which the personal data are processed and are subsequently irrevocably deleted. ### 3. member states shall ensure that any personal data processed by their single point of contact are contained in the case management system only for as long as the time- limits stipulated in article 5 and are subsequently irrevocably deleted.


### 1. member states shall provide the commission with statistics on the exchanges of information with other member states under this directive , by 1 march of each year. ### 1. member states shall provide the commission with statistics on the exchanges of information with other member states under this directive , by 1 march of each year. the statistics as submitted by the member states shall be made available to parliament.


### 1. member states shall provide the commission with statistics on the exchanges of information with other member states under this directive , by 1 march of each year. ### 1. member states shall provide the commission with statistics on the exchanges of information with other member states under this directive , by 1 march of each year. the statistics as submitted by the member states shall be made available to the european parliament.


### 1. the commission shall , by [date of entry into force + 3 years] , submit a report to the european parliament and to the council , assessing the implementation of this directive. ### 1. the commission shall , by [date of entry into force + 2 years] , submit a report to the european parliament and to the council , assessing the implementation of this directive. in this context , the commission shall pay particular attention to the efficiency of exchange of information between competent authorities , the grounds for refusal of requests , in particular where the request falls outside the scope of the objectives of this directive , as well as the compliance with provisions on data protection and the transferring of information to europol.


### 1. the commission shall , by [date of entry into force + 3 years] , submit a report to the european parliament and to the council , assessing the implementation of this directive. ### 1. the commission shall , by [date of entry into force + 2 years] , submit a report to the european parliament and to the council , assessing the implementation of this directive , containing detailed information on the implementation of this directive per member state.


### 1. the commission shall , by [date of entry into force + 3 years] , submit a report to the european parliament and to the council , assessing the implementation of this directive. ### 1. the commission shall , by [date of entry into force + 3 years] , submit a report to the european parliament and to the council , assessing the implementation of this directive. the report shall contain detailed information on the implementation of this directive per member state.


### 2. the commission shall , by [date of entry into force + 5 years] , submit a report to the european parliament and to the council assessing the effectivity and effectiveness of this directive. the commission shall take into account the information provided by member states and any other relevant information related to the transposition and implementation of this directive. on the basis of this evaluation , the commission shall decide on appropriate follow-up actions , including , if necessary , a legislative proposal. ### 2. the commission shall , by [date of entry into force + 4 years] , and every three years thereafter , submit a report to the european parliament and to the council assessing the effectivity and effectiveness of this directive. the commission shall take into account the information provided by member states and any other relevant information related to the transposition and implementation of this directive , with particular focus on:


### 2. the commission shall , by [date of entry into force + 5 years] , submit a report to the european parliament and to the council assessing the effectivity and effectiveness of this directive. the commission shall take into account the information provided by member states and any other relevant information related to the transposition and implementation of this directive. on the basis of this evaluation , the commission shall decide on appropriate follow-up actions , including , if necessary , a legislative proposal. ### 2. the commission shall , by [date of entry into force + 4 years] , submit a report to the european parliament and to the council assessing the effectivity and effectiveness of this directive. the commission shall take into account the information provided by member states and any other relevant information related to the transposition and implementation of this directive. on the basis of this evaluation , the commission shall decide on appropriate follow-up actions , including , if necessary , a legislative proposal.


### 2. the commission shall , by [date of entry into force + 5 years] , submit a report to the european parliament and to the council assessing the effectivity and effectiveness of this directive. the commission shall take into account the information provided by member states and any other relevant information related to the transposition and implementation of this directive. on the basis of this evaluation , the commission shall decide on appropriate follow-up actions , including , if necessary , a legislative proposal. ### 2. the commission shall , by [date of entry into force + 5 years] , submit a report to the european parliament and to the council assessing the effectivity and effectiveness of this directive. the commission shall take into account the information provided by member states and any other relevant information related to the transposition and implementation of this directive , with specific regard to the obligations laid down in article 14(3) , point (c). on the basis of this evaluation , the commission shall decide on appropriate follow-up actions , including , if necessary , a legislative proposal.


### 1. member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [date of entry into force + 2 years]. they shall forthwith communicate to the commission the text of those provisions. ### 1. member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [date of entry into force + 12 months]. they shall forthwith communicate to the commission the text of those provisions.


### 1. member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [date of entry into force + 2 years]. they shall forthwith communicate to the commission the text of those provisions. ### 1. member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [date of entry into force + 1 year]. they shall forthwith communicate to the commission the text of those provisions.


### they shall apply those provisions from that date. however , they shall apply article 13 from [date of entry into force + 4 years]. ### deleted


### they shall apply those provisions from that date. however , they shall apply article 13 from [date of entry into force + 4 years]. ### they shall apply those provisions from that date. however , they shall apply article 13 from [date of entry into force + 2 years].


### 1. member states shall ensure that their single point of contact and , where they have so decided , their law enforcement authorities submit requests for information to the single points of contact of other member states in accordance with the conditions set out in paragraphs 2 to 5. ### 1. member states shall ensure that their single point of contact and , where they have so decided and laid down in a specific national legal framework , their law enforcement authorities submit requests for information to the single points of contact of other member states in accordance with the conditions set out in paragraphs 2 to 5.


### 1. grants the administrative director of the european union agency for criminal justice cooperation (eurojust) discharge in respect of the implementation of the agency’s budget for the financial year 2020 / postpones its decision on granting the administrative director of the european union agency for criminal justice cooperation (eurojust) discharge in respect of the implementation of the agency’s budget for the financial year 2020; ### 1. grants the administrative director of the european union agency for criminal justice cooperation (eurojust) discharge in respect of the implementation of the agency’s budget for the financial year 2020;


### 1. approves the closure of the accounts of the european union agency for criminal justice cooperation (eurojust) for the financial year 2020 / postpones the closure of the accounts of the european union agency for criminal justice cooperation (eurojust) for the financial year 2020; ### 1. approves the closure of the accounts of the european union agency for criminal justice cooperation (eurojust) for the financial year 2020;


### 5. notes that in 2020 prosecutors from across the union and beyond turned to the agency for assistance in 8 799 cross-border criminal investigations , an increase of 13 % compared to 2019 , and that 4 200 were new cases opened during 2020 and that 164 of these were related to the covid-19 pandemic; ### 5. notes that in 2020 prosecutors from across the union and beyond turned to the agency for assistance in 8 799 cross-border criminal investigations , an increase of 13 % compared to 2019 , and that 4 200 were new cases opened during 2020 and that 164 of these were related to the covid-19 pandemic; welcomes that the agency provided legal , financial and operational support to 268 joint investigation teams in 2020 and facilitated the execution of 1 284 european arrest warrants;


### 10. takes note of the agency’s existing measures and ongoing efforts to prevent harassment; welcomes that in 2020 , the agency offered refresher training on psychological and sexual harassment to all staff and additional training on conflict management and resolution was provided to the confidential counsellors and managers; ### 10. notes with appreciation the agency’s existing measures and ongoing efforts to prevent harassment; welcomes that in 2020 , the agency offered refresher training on psychological and sexual harassment to all staff and additional training on conflict management and resolution was provided to the confidential counsellors and managers;


### 13. notes that , according to the court’s report , a number of weaknesses in the agency’s audited public procurement procedures were detected; notes that in one case , where the agency signed a framework contract with a single economic operator , the court concluded that the use of this sort of framework contract was not appropriate for the nature of the services required (the leasing of vehicles) , as the related market is subject to frequent fluctuations in price; acknowledges the court’s observation that the agency should have used a framework contract with a reopening of competition in order to ensure that the required services were acquired as economically as possible; notes the agency’s reply to this observation and its commitment to prepare more robust ex-ante documentation aimed at clarifying why a certain procurement procedure has been followed; ### 13. notes that , according to the court’s report , a number of weaknesses in the agency’s audited public procurement procedures were detected; notes that in one case , where the agency signed a framework contract with a single economic operator , the court concluded that the use of this sort of framework contract was not appropriate for the nature of the services required (the leasing of vehicles) , as the related market is subject to frequent fluctuations in price; acknowledges the court’s observation that the agency should have used a framework contract with a reopening of competition in order to ensure that the required services were acquired as economically as possible; notes the agency’s reply to this observation and its commitment to prepare more robust ex-ante documentation aimed at clarifying why a certain procurement procedure has been followed; calls on the agency to step up efforts to address such weaknesses in the future;


### 17. regrets the fact that the cvs of senior management , external experts and in-house experts of the agency are not published on its website; notes that the agency has adopted an updated standard operating procedure on the management of conflicts of interest by decision ad 2020-44 of the administrative director and that no conflicts of interest were reported in 2020; ### 17. regrets the fact that the cvs of senior management , external experts and in-house experts of the agency are not published on its website; calls on the agency to publish these cvs immediately; notes that the agency has adopted an updated standard operating procedure on the management of conflicts of interest by decision ad 2020-44 of the administrative director and that no conflicts of interest were reported in 2020;


### 23. notes that the agency responded to the covid-19 pandemic by activating its business continuity plan , that a business continuity team was formed , and that , based on the team’s recommendations , the administrative director adopted measures to counter the potential impact of the covid-19 pandemic on the agency’s staff and operational processes; notes that the staff were expected to telework unless their job required physical presence in the agency’s premises and that the agency encouraged a flexible approach to the organisation of work , taking diverging staff needs into account; notes that data protection issues were considered in the assessment of it tools and that software for secure teleworking and video-conferencing was introduced; ### 23. notes that the agency responded to the covid-19 pandemic by activating its business continuity plan , that a business continuity team was formed , and that , based on the team’s recommendations , the administrative director adopted measures to counter the potential impact of the covid-19 pandemic on the agency’s staff and operational processes; expresses its satisfaction that the agency maintained full operational continuity during the covid-19 crisis; highlights the coordinating role that agency has played in compiling and disseminating information on the main practical and legal issues arising from the covid-19 pandemic in the field of judicial cooperation in criminal matters , as well as providing information about the impact of national measures taken in this context; notes that the staff were expected to telework unless their job required physical presence in the agency’s premises and that the agency encouraged a flexible approach to the organisation of work , taking diverging staff needs into account; notes that data protection issues were considered in the assessment of it tools and that software for secure teleworking and video-conferencing was introduced;


### (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 the union’s objective of establishing an area without internal frontiers in which the free movement of persons , goods and services 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.


### (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 do not undergo 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 as laid down in regulation (eu) xxx/202x (asylum procedure regulation) , procedures respecting directive 2008/115/ec of the european parliament and of the council (the “return directive”)22 or a refusal of entry in accordance with regulation (eu) 2016/399 without prejudice to the members states' discretion in accordance with article 6(5) of regulation (eu) 2016/399. 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 which have abolished internal border control. border control should help to reduce illegal migration and trafficking of human beings and to prevent any threat to the member states’ internal security , public health and international relations. as such , measures taken at the external borders are important elements of a comprehensive approach to migration.


### (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 and to immediately determine the appropriate 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 and better handling of third-country nationals who did not undergo 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 safeguarding of fundamental rights , the protection of public health , the management of vulnerable cases , the examination of the need for international protection and the application of return procedures.


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


### (12) the screening should be conducted at or in proximity to the external border , before the persons concerned are authorised to enter the territory. the member states should apply measures pursuant to national law to prevent the persons concerned from entering the territory during the screening. in individual cases , where required , this may include detention , subject to the national law regulating that matter. ### (12) the screening should be conducted at any location within the territory of the member state , including at locations situated at or in proximity to the external border , provided that the relevant provisions laid out in directive (eu) xxx/xxx [reception conditions directive recast] can be applied. the member states should apply measures pursuant to union law to prevent the persons concerned from entering the territory during the screening. in accordance with directive (eu) xxx/xxx [reception conditions directive recast] , a member state shall not decide to hold an applicant in detention until it has individually assessed that applicant’s case and effectively considered alternatives to detention or less coercive measures. deprivation of liberty should always be a measure of last resort and in accordance with article 5 of the european convention on human rights (echr).


### (16) on completion of the screening , the third-country nationals concerned should be referred to the relevant procedure to establish responsibility for examining an application for and to assess the need for international protection , or be made subject to procedures respecting directive 2008/115 (return directive) , as appropriate. the relevant information obtained during the screening should be provided to the competent authorities to support the further assessment of each individual case , in full respect of fundamental rights. the procedures established by directive 2008/115 should start applying only after the screening has ended. article 26 and 27 of the asylum procedures regulation should apply only after the screening has ended. this should be without prejudice to the fact that the persons applying for international protection at the moment of apprehension , in the course of border control at the border crossing point or during the screening , should be considered applicants. ### (16) on completion of the screening , the third-country nationals concerned should be referred to the relevant procedure to establish responsibility for examining an application for and to assess the need for international protection , or be made subject to procedures respecting directive 2008/115 (return directive) , or be refused entry in accordance with regulation (eu) 2016/399 without prejudice to article 6(5) of regulation(eu) 2016/399 as appropriate. the relevant information obtained during the screening should be provided to the competent authorities to support the further assessment of each individual case , in full respect of fundamental rights. the procedures established by directive 2008/115 should start applying only after the screening has ended. article 26 and 27 of the asylum procedures regulation should apply only after the screening has ended. this should be without prejudice to the fact that the persons applying for international protection at the moment of apprehension , in the course of border control at the border crossing point or during the screening , should be considered applicants for international protection to whom regulation (eu) xxx/xxx [asylum procedure regulation] and directive (eu) xxx/xxx [reception conditions directive recast] apply.


### (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]. ### (17) the screening could also be followed by relocation , including 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].


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


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


### (20) the member states should determine appropriate locations for the screening at or in proximity to the external border taking into account geography and existing infrastructures , ensuring that apprehended third-country nationals as well as those who present themselves at a border crossing point can be swiftly submitted to the screening. the tasks related to the screening may be carried out in hotspot areas as referred to in point (23) of article 2 of regulation (eu) 2019/1896 of the european parliament and of the council23 . ### (20) the member states should determine appropriate locations for the screening , including 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 member states shall guarantee that the relevant reception conditions established by directive (eu)xxx/xxx [reception conditions directive recast] apply during the screening. children , families and other vulnerable groups should be prioritised and referred to adequate accommodation immediately after arrival.


### (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 should also be closely involved in the screening when dealing with minors or person claiming to be minors 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 .


### (22) when conducting the screening , the competent authorities should comply with the charter of fundamental rights of the european union and ensure the respect for human dignity and should not discriminate against persons on grounds of sex , racial , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinions , membership of a national minority , disability , age or sexual orientation. particular attention should be paid to the best interests of the child. ### (22) when conducting the screening , the competent authorities should comply with the charter of fundamental rights of the european union and ensure the respect for human dignity and should not discriminate against persons on grounds of sex , racial , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinions , membership of a national minority , disability , age or sexual orientation or gender identity. the best interests of the child should always be the primary consideration in any decision affecting children. since the administrative detention of children for migration purposes is never in the best interests of the child , unaccompanied children and children with families shall never be detained.


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


### (24) by the end of the screening , the authorities responsible for the screening should fill in a de-briefing form. the form should be transmitted to the authorities examining applications for international protection or to the authorities competent for return – depending on whom the individual is referred to. in the former case , the authorities responsible for the screening should also indicate any elements which may seem to be relevant for determining whether the competent authorities should submit the application of the third-country national concerned to an accelerated examination procedure or to the border procedure. ### (24) by the end of the screening , the authorities responsible for the screening should fill in a de-briefing form. the form should be transmitted to the authorities examining applications for international protection , to the authorities competent for return or the authorities competent for refusal of entry – depending on whom the individual is referred to. this should be without prejudice to the possibility of member states to authorise third country nationals to enter and or remain on the territory for other grounds under national , union or international law. member states shall ensure that all third country nationals subject to the screening are duly informed by qualified and trained staff about their rights and the possibility to apply for international protection.


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


### (27) during the screening , all persons concerned should be guaranteed a standard of living complying with the charter of fundamental rights of the european union and have access to emergency health care and essential treatment of illnesses. particular attention should be paid to individuals with vulnerabilities , such as pregnant women , elderly persons , single parent families , persons with an immediately identifiable physical or mental disability , persons visibly having suffered psychological or physical trauma and unaccompanied minors. in particular , in case of a minor , information should be provided in a child-friendly and age appropriate manner. all the authorities involved in the performance of the tasks related to the screening should respect human dignity , privacy , and refrain from any discriminating actions or behaviour. ### (27) during the screening , all persons concerned shall be guaranteed a standard of living complying with the charter of fundamental rights of the european union and the same reception conditions apply during the screening as those established by directive xxx/xxx/eu [reception conditions directive recast] , including access to emergency health care and essential treatment of illnesses. particular attention should be paid to individuals with vulnerabilities , such as listed in article 20 of directive(eu) xxx/xxx (reception conditions directive). in particular , in case of a minor , information should be provided in a child-friendly and age appropriate manner. all the authorities involved in the performance of the tasks related to the screening should respect human dignity , privacy , and refrain from any discriminating actions or behaviour.


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


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


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


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


### (34) in order to ensure uniform conditions for the implementation of articles 11(5) and 12(5) of this regulation , implementing powers should be conferred on the commission. those powers should be exercised in accordance with regulation (eu) no 182/2011 of the european parliament and of the council26 . for the adoption of relevant implementing acts , the examination procedure should be used. ### (34) in order to ensure uniform conditions for the implementation of articles 11(5) and 12(5) of this regulation , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union (tfeu) should be delegated to the commission in respect of:


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


### (41) where justified for the purpose of the security check , the screening could also include verification of objects in the possession of third-country nationals , in accordance with national law. any measures applied in this context should be proportionate and should respect the human dignity of the persons subject to the screening. the authorities involved should ensure that the fundamental rights of the individuals concerned are respected , including the right to protection of personal data and freedom of expression. ### (41) where justified for the purpose of the security check , the screening could also include verification of objects in the possession of third-country nationals , in accordance with national law and gdpr. any measures applied in this context should be proportionate and should respect the human dignity of the persons subject to the screening. the authorities involved should ensure that the fundamental rights of the individuals concerned are respected , including the right to protection of personal data and freedom of expression as well as child-specific safeguards whenever children are involved.


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


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


### the purpose of the screening shall be the strengthening of the control of persons who are about to enter the schengen area and their referral to the appropriate procedures. ### the purpose of the screening shall be the referral of persons who are about to enter the schengen area to the appropriate procedures , the preliminary identification of individuals in situations of vulnerability and in need of health care , as well as those posing a threat to internal security.


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


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


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


### 1. during the screening , the persons referred to in article 3 , paragraphs 1 and 2 shall not be authorised to enter the territory of a member state. ### 1. during the screening , the persons referred to in article 3 , paragraphs 1 and 2 shall not be authorised to enter the territory of a member state. however , those persons should always be granted the right to remain on the territory of a member state during the screening procedure and to be treated in accordance with recognised basic human standards in accordance with article 31 of the geneva convention (1951).


### article 5 ### deleted


### 1. in the cases referred to in article 3 , the screening shall be conducted at locations situated at or in proximity to the external borders. ### 1. in the cases referred to in article 3 , the screening shall be conducted at a location within the territory of the member state , including situated at or in proximity to the external borders , provided that the relevant provisions laid down in articles 5 , 6 , 6a , 7 , 8 , 9 , 10 , 11 , 12 , 16 , 17 , 18 , 20 , 21 , 22 , 23 , 24 of directive xxx/xxx/eu [reception conditions directive recast] can be applied in these locations. particular attention shall be paid to specific procedural and reception needs , in line with the article 20 of that directive. facilities used for the purposes of screening shall be entirely funded from the union budget. this shall include the construction , running and renovation of current and future facilities.


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


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


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


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


### identification as referred to in article 10; ### identification as referred to in article 10; where an individual claims not to have any nationality or when there are reasonable grounds to believe an individual may be stateless , this should be clearly registered pending a full determination of whether the individual is stateless in a separate procedure;


### referral to the appropriate procedure as referred to in article 14. ### referral to the appropriate procedure or refusal of entry as referred to in article 14.


### 7. member states shall designate competent authorities to carry out the screening. they shall deploy appropriate staff and sufficient resources to carry out the screening in an efficient way. ### 7. member states shall designate qualified and competent border authorities , including asylum authorities and border police , to carry out the identification and security checks and shall ensure that the staff of those competent authorities have received the appropriate training in accordance with article 18 of regulation (eu) xxx/xxx [eu asylum agency]. they shall deploy appropriate staff and sufficient resources to carry out the screening in an efficient way and within the foreseen timeframe.


### member states shall designate qualified medical staff to carry out the health check provided for in article 9. national child protection authorities and national anti-trafficking rapporteurs shall also be involved , where appropriate. ### member states shall designate qualified and appropriately trained medical staff to carry out the health check provided for in article 9 as well as qualified and appropriately trained staff to carry out the vulnerability check provided for in article 9a. in cases of scarce ressources , national authorities can apply for financial support from the eu budget.


### the competent authorities may be assisted or supported in the performance of the screening by experts or liaison officers and teams deployed by the european border and coast guard agency and the [european union agency for asylum] within the limits of their mandates. ### the proper functionning of screening and its compliance with the charter of fundamental rights inherently depends on the availability of adequate and qualified staff at all stages of the procedure. the competent authorities shall therefore be assisted or supported in the performance of the screening by experts or liaison officers and teams deployed by union bodies , offices and agencies , international organisations and non-governmental organisations , in particular the european border and coast guard agency and the [european union agency for asylum] within the limits of their mandates. in particular , this shall be the case when the member state is faced with a situation of mass influx of persons arriving and where its operational structure and asylum system is overburdened. the commission should also assist the competent authorities in planning the allocation of qualified staff , with a view to ensuring a level playing field in all member state. where a union body , office or agency deems it necessary to propose support to a specific member state , that member state should take due account of that proposal and should be able to accept , amend or reject it.


### 1. member states shall adopt relevant provisions to investigate allegations of non-respect for fundamental rights in relation to the screening. ### 1. member states shall adopt relevant provisions to investigate allegations of non-respect for fundamental rights during border surveillance , screening , all asylum and return procedures as well as in situations of crisis in the field of migration and asylum. they shall draw up clear and proportionate disciplinary measures under national law in case allegations prove to be true.


### 1. member states shall adopt relevant provisions to investigate allegations of non-respect for fundamental rights in relation to the screening. ### 1. member states shall , without undue delay , adopt relevant provisions to investigate allegations of non-respect for fundamental rights in relation to the screening.


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


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


### — to ensure that allegations of non-respect for fundamental rights in relation to the screening , including in relation to access to the asylum procedure and non-compliance with the principle of non-refoulement , are dealt with effectively and without undue delay. ### — to ensure that allegations of non-respect for fundamental rights , including in relation to access to the asylum procedure and non-compliance with the principle of non-refoulement , the best interest of the child , right to health care , data protection and reception conditions are dealt with effectively and without undue delay. access to justice for affected individuals shall be clarified.


### member states shall put in place adequate safeguards to guarantee the independence of the mechanism. ### member states shall put in place adequate safeguards to guarantee the independence of the mechanism , in line with criteria recognised under relevant international human rights law and standards. these safeguards shall include selecting independent relevant national and international actors , including at least one representative from the fundamental rights agency (fra) and one representative from the eu ombudsman or national ombudspersons , to review the independence of the mechanism on an annual basis and report back to the commission , the council and the european parliament.


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


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


### 1. third-country nationals subject to the screening shall be succinctly informed about the purpose and the modalities of the screening: ### 1. third-country nationals subject to the screening shall be succinctly and adequately informed about the purpose and the modalities of the screening:


### the steps and modalities of the screening as well as possible outcomes of the screening; ### the steps and modalities of the screening as well as possible outcomes of the screening , in particular their right to apply for international protection or other forms of protection applicable in national law.


### the rights and obligations of third country nationals during the screening , including the obligation on them to remain in the designated facilities during the screening. ### the rights and obligations of third country nationals during the screening , including the possibility to contact and be contacted by organisations which provide information and legal assistance as referred to in article 8(4) as well as the obligation on them to remain in the designated facilities during the screening.


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


### where they have applied , or there are indications that they wish to apply , for international protection , information on the obligation to apply for international protection in the member state of first entry or legal stay set out in article [9(1) and (2)] of regulation (eu) no xxx/xxx [ex-dublin regulation] , the consequences of non-compliance set out in article [10(1)] of that regulation , and the information set out in article 11 of that regulation as well as on the procedures that follow the making of an application for international protection; ### information on the obligation to apply for international protection in the member state of first entry or legal stay set out in article [9(1) and (2)] of regulation (eu) no xxx/xxx [ex-dublin regulation] , the consequences of non-compliance set out in article [10(1)] of that regulation , and the information set out in article 11 of that regulation as well as on the procedures that follow the making of an application for international protection;


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


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


### health checks and vulnerabilities ### preliminary health checks


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


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


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


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


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


### biometric data; ### biometric data , as defined in regulation (eu) xxx/xxx [eurodac regulation];


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


### 1. third country nationals submitted to the screening pursuant to article 3 or article 5 shall undergo a security check to verify that they do not constitute a threat to internal security. the security check may cover both the third-country nationals and the objects in their possession. the law of the member state concerned shall apply to any searches carried out. ### 1. third country nationals submitted to the screening pursuant to article 3 shall undergo a security check to verify that they do not constitute a threat to internal security. the security check may cover both the third-country nationals and the objects in their possession. the law of the member state concerned , the principles of necessity and proportionality as well as gdpr shall apply to any searches carried out and shall be scrutinised by the fundamental rights monitoring mechanism set up under article 7 of this regulation.


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


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


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


### 1. the queries provided for in article 10(2) and in article 11(2) may be launched using , for queries related to eu information systems and the cir , the european search portal in accordance with chapter ii of regulation (eu) 2019/817 and with chapter ii of regulation (eu) 2019/81836 . ### 1. the queries provided for in article 10(2) and in article 11(2) shall be launched using , for queries related to eu information systems and the cir , the european search portal in accordance with chapter ii of regulation (eu) 2019/817 and with chapter ii of regulation (eu) 2019/81836 .


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


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


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