36 Amendments of Lena DÜPONT related to 2020/0278(COD)
Amendment 157 #
Proposal for a regulation
Recital 2
Recital 2
(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 avoidcircumvent 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. _________________ 21 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code), OJ L 77, 23.3.2016, p.1.
Amendment 162 #
Proposal for a regulation
Recital 3
Recital 3
(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 efficientlyhe efficient referral to the relevant procedures which, depending on the circumstances, can be procedures for international protection or procedures respecting, refusal of entry in accordance with Regulation (EU) 2016/399 (the Schengen Border Code") and return procedures in accordance with 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. _________________ 22 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, OJ L 348, 24.12.2008, p. 98.
Amendment 172 #
Proposal for a regulation
Recital 4
Recital 4
(4) Border control is not only 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 combaprevent illegal migration and combat trafficking of human beings and to prevent any threat to the internal security of the Union, the Member States’ international security, public policy, public health and international relations. As such, measures taken at the external borders are important elements of a comprehensive approach to asylum and migration, allowingnd vital to address the challenge of mixed flows of migrants and ensuring access to the relevant procedure for persons seeking international protection.
Amendment 174 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) An effective border management is an integrated part in the European approach to asylum and migration, which builds on the principle of solidarity and fair sharing of responsibility.
Amendment 179 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) In order to prevent and detect unauthorised migration and third-country nationals circumventing the border checks at the external border, the Union and Member States should take actions for an effective management of the Union's external borders, based on the European integrated border management. In accordance with Article 3(2)(a) of Regulation 2021/1148, this should include the funding of infrastructure, buildings, systems and services required at border crossing points and for border surveillance between border crossing points.
Amendment 185 #
Proposal for a regulation
Recital 6
Recital 6
(6) Border guards are often confronted with third-country nationals who are requesting international protection without the necessary identification and/or 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.
Amendment 200 #
Proposal for a regulation
Recital 9
Recital 9
(9) With regard to those persons who apply for international protection, the screening should be followed by anfacilitate the 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.
Amendment 212 #
Proposal for a regulation
Recital 12
Recital 12
(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 and prevent secondary movement. In individual cases, where required, this may include detention, or alternatives to detention, subject to the national law regulating that matter.
Amendment 226 #
Proposal for a regulation
Recital 15
Recital 15
(15) All persons subject to the screening should be submitted to checks in order to establish their identity and to ascertain that they do not pose a threat to internal securitor national security, public order or policy or public health. In the case of persons requesting international protection at border crossing points, the identity and security checks carried out in the context of border checks should be taken into account to avoid duplication.
Amendment 228 #
Proposal for a regulation
Recital 16
Recital 16
(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 eachAs this referral is of an administrative nature to establish the relevant procedure on an individual cbase, 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 cois, the right to an effective remedy shall be reserved for the relevant procedures in accordance with the provisions in Regulation (EU) XXX/XXX [Asylum Procedurse of border control at the border crossing point or during the screening, should be considered applicantsRegulation] or Directive 2008/115.
Amendment 232 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16 a) 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.
Amendment 241 #
Proposal for a regulation
Recital 18
Recital 18
(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 mayshould 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 securitor national security or to public order or policy. 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.
Amendment 270 #
Proposal for a regulation
Recital 23
Recital 23
(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, or designate an existing, monitoring mechanism and put in place adequate safeguards for the independence thereof. The monitoring mechanism should, complement the monitoring conducted by the European Union Agency for Asylum and 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.
Amendment 290 #
Proposal for a regulation
Recital 26
Recital 26
(26) A preliminary health examination should be carried out by the competent authorities of the Member States 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.
Amendment 292 #
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) Where it is deemed necessary based on the preliminary health examination and individual circumstances, third-country nationals should have the right to a preliminary medical examination. The preliminary medical examination should be carried out by the health authorities of the Member State concerned.
Amendment 299 #
Proposal for a regulation
Recital 28
Recital 28
(28) Since third-country nationals subject to the screening may not have or carry the necessary identity and travel documents required for the legal crossing of the external border, an identification procedure should be providedcarried out for as part of the screening.
Amendment 314 #
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32 a) The competent authorities should, in accordance with provision in national legislation, be able to carry out searches of private property, personal belonging and electronic devices for identification or travel documents, in order to establish the identity of a third-country national.
Amendment 326 #
Proposal for a regulation
Recital 35
Recital 35
(35) The screening should also assess whether the entry of the third-country nationals into the Union could pose a threat to internal or national security or to public order or policy.
Amendment 343 #
Proposal for a regulation
Recital 42
Recital 42
(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 or national security or to public order or 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.
Amendment 351 #
Proposal for a regulation
Recital 45
Recital 45
(45) Since the objectives of this Regulation, namely the strengthening of the control of persons who are about to enterseek entry to 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.
Amendment 366 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
The purpose of the screening shall be the strengthening of the external border and the control of persons who are about to enter the Schengen area and their referral to the appropriate procedures.
Amendment 374 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
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 securitor national security or public order or policy. 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.
Amendment 444 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 (new)
Article 5 – paragraph 1 – subparagraph 1 (new)
Amendment 514 #
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Each Member State shall establishprovide an independent monitoring mechanism, to complement and assist the monitoring undertaken by the European Asylum Agency in accordance with Article 14 of Regulation (EU) xxx/xxx [European Asylum Agency].
Amendment 541 #
Proposal for a regulation
Article 7 – paragraph 2 – indent 3
Article 7 – paragraph 2 – indent 3
— 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 properly investigated, and where applicable, dealt with effectivadequately and without undue delay.
Amendment 553 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Member States shall establish a monitoring mechanism or designate an existing mechanism and put in place adequate safeguards to guarantee the independence of the mechanism.
Amendment 653 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
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. Such examination shall be carried out by the competent health authorities in the Member States.
Amendment 669 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. For the purpose of the identification referred to in paragraph 1, the competent authorities shall quermake use of Identity Management System (IDMS) tools and query relevant national and international 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.
Amendment 672 #
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4 a. For the purposes of paragraph 1, point (a), Member States may, in accordance with provisions in national legislation, search the property, belongings and electronic devices of third- country nationals. The independent monitoring mechanism shall ensure that the national legislation and the application of such provisions are compatible with Union law, in particular the Charter of Fundamental Rights.
Amendment 679 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
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 securitor national security or public order or policy. 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.
Amendment 694 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where a match is obtained following a query as provided for in Article 11(3) against data in one of the information systems, the competent authority shall have access to consult the file corresponding to that match in the respective information system in order to determine the risk to internal securitor national security or public order or policy as referred to in Article 11(1).
Amendment 702 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
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 securitor national security or public order or policy. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).
Amendment 755 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1 – subparagraph 1
shall be referred to the competent authorities to swiftly apply procedures respectingin accordance with Directive (EU) 2008/115/EC (Return Directive).
Amendment 758 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
In all cases not related to search and rescue operations, entry mayshall be refused in accordance withf the conditions in Article 14 of Regulation 2016/399 are met.
Amendment 770 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Third-country nationals who made an application for international protection shall be referred to the authorities referred to in Article XY of Regulation (EU) No XXX/XXX [Asylum Procedure Regulation], together with the form referred to in Article 13 of this Regulation. On that occasion, the authorities conducting the screening shall point in the de-briefing form to any elements which seem at first sight to be relevant to refer the third-country nationals concerned into the accelerated examination procedure or the border procedure. A third-country national who pose a threat to the internal security of the Union or the public order and security of the Member State or are deceptive about their identity shall remain in the border procedure until a decision to grant international protect or a return border procedure has been concluded.
Amendment 789 #
Proposal for a regulation
Article 14 – paragraph 7 a (new)
Article 14 – paragraph 7 a (new)
7 a. The referral to a procedure in accordance with this Article shall not be subject to remedy. Member States shall ensure that the applicant has the right to an effective remedy in the procedure he or she is referred to.