This document is an excerpt from the EUR-Lex website
Document 32024R1356
Screening of non-EU nationals at the EU’s external borders
- Date of last review:
- 09/04/2025
- Initial creation date:
- 14/05/2025
- Summary code:
-
- 23.01.03.00 Penetrating external borders
- 23.01.05.00 Asylum
- 23.01.06.03 Illegal immigration
- 23.01.03.00 Penetrating external borders
- EUROVOC descriptor:
- Directory code:
- Summarised document(s):
- Author:
- Publications Office of the European Union
- Responsible entity(ies):
- Council of the European Union
Screening of non-EU nationals at the EU’s external borders
SUMMARY OF:
WHAT IS THE AIM OF THE REGULATION?
Regulation (EU) 2024/1356 complements Regulation (EU) 2016/399 on the Schengen Borders Code.
It closes a gap in the existing Schengen border regime by requiring all European Union (EU) Member States to apply uniform rules ensuring monitoring and proper registration of all irregular migrants and asylum seekers entering the EU.
The regulation also ensures a seamless link to ensuing return or asylum procedures.
Through a standardised screening process, it seeks to:
- enhance border checks;
- safeguard public health and security;
- ensure vulnerable individuals are protected;
- direct individuals to the proper procedures, whether for asylum or return.
KEY POINTS
Scope
This new Screening Regulation applies to non-EU nationals who have crossed EU external borders without fulfilling entry conditions or who are illegally staying in a Member State without having been subject to border checks upon entry. It also covers those who apply for international protection during border checks or were disembarked after search-and-rescue operations.
The screening process is not a self-standing administrative procedure. It is an information-gathering process comparable to an extended border check. It must therefore take place within a very brief time frame: seven days for the screening at the external borders and three days for screening within the territory.
Under the regulation, Member States must:
- conduct health, vulnerability, identity and security checks on all irregular migrants and asylum seekers who cross the EU external borders in an unauthorised manner;
- register the biometric data of all screened migrants;
- check all relevant EU and national databases for the purpose of verifying or establishing the identity of migrants and any security risks;
- avoid the absconding of migrants during screening by means of a generalised obligation for them to remain at the disposal of the screening authorities and the possibility to impose detention if necessary;
- quickly direct migrants to the ensuing procedures (asylum or return);
- provide for independent national monitoring mechanisms that will be tasked with ensuring that fundamental rights are respected during screening.
Impact of screening
The new screening rules will play a key role in:
- securing external borders and improving the management of mixed arrivals at the EU level;
- ensuring that all migrants and asylum seekers benefit from a vulnerability assessment and a health check at the earliest possible moment and are given the appropriate assistance;
- ensuring that all migrants and asylum seekers, along with their biometric data, are registered and that large-scale EU databases are used to their fullest extent;
- reinforcing security within the Schengen area, as the new rules will ensure that irregular migrants and asylum seekers who pose a threat to the EU’s public health and internal security will be identified;
- applying the new asylum and return procedures that were agreed upon in the EU pact on migration and asylum.
Impact on migrants and fundamental rights
Irregular migrants and asylum seekers will benefit from the Screening Regulation in the following ways.
- The mandatory health and vulnerability checks will ensure that those in need of immediate care, along with minors and vulnerable persons, are identified early and that they will benefit from the rules protecting them as quickly as possible and receive the necessary support. The screening will contribute to making processes faster and more efficient.
- The new independent monitoring mechanism will enhance transparency and accountability during screening, while at the same time promoting the respect of fundamental rights.
Implementation
- Screening authorities. Each Member State designates authorities responsible for the screening who are trained and equipped to handle the diverse needs of individuals undergoing the process, with help from EU agencies such as the European Border and Coast Guard Agency (Frontex), if necessary.
- Locations and timelines. Screening typically occurs near external borders or other designated spots within the territory, and must be completed within seven days at the external border and three days within the territory.
- Data and privacy. Data must be used solely for the purposes of the regulation and must comply with EU data protection laws.
- Relationship with other legislation. The regulation does not replace other legal procedures, such as those for international protection or returns, serving only as an initial step to ensure individuals are directed to the appropriate follow-up.
Monitoring and evaluation
The regulation requires Member States to set up a national independent monitoring mechanism to investigate any allegation of human rights violations during screening, ensuring:
- compliance with EU and international law;
- respect for the asylum procedure, the non-refoulement principle, child welfare, and detention rules;
- effective investigations into allegations;
- annual recommendations to improve practices, with support from the European Union Agency for Fundamental Rights.
Amendments to other regulations
The regulation amends Regulations (EC) No 767/2008, (EU) 2017/2226, (EU) 2018/1240 and (EU) 2019/817.
FROM WHEN DOES THE REGULATION APPLY?
The regulation applies from .
BACKGROUND
For further information, see:
- Legislative files in a nutshell – Pact on migration and asylum (European Commission).
MAIN DOCUMENT
Regulation (EU) 2024/1356 of the European Parliament and of the Council of introducing the screening of third-country nationals at the external borders and amending Regulations (EC) No 767/2008, (EU) 2017/2226, (EU) 2018/1240 and (EU) 2019/817 (OJ L, 2024/1356, ).
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