(1)

The Schengen area was created to achieve an area without internal borders 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 that 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 (4). Despite the border surveillance measures that are applied, Member States could be faced with unauthorised border crossings by third-country nationals avoiding border checks. 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 Article 77(1) of the Treaty on the Functioning of the European Union (TFEU), additional measures should address situations where third-country nationals are apprehended in connection with an unauthorised crossing of the external borders, where third-country nationals are disembarked following search and rescue operations, and where third-country nationals make an application for international protection at a border crossing point without fulfilling entry conditions. This Regulation complements Regulation (EU) 2016/399 with regard to those situations. It is essential to ensure that, in those situations, third-country nationals are screened, in order to facilitate a proper identification and to allow for them to be referred efficiently to the appropriate procedures which, depending on the circumstances, might be the procedure for international protection or procedures respecting Directive 2008/115/EC of the European Parliament and of the Council (5). The screening of such third-country nationals should seamlessly complement the checks carried out at the external border or compensate for the fact that those checks have not taken place when crossing the external border.

(3)

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 that have abolished internal border control. Border control should help to reduce illegal migration, to combat the smuggling and trafficking of human beings, and to prevent any threat to the Member States’ internal security, public policy, public health and international relations. When carrying out border control, Member States are to act in compliance with relevant Union and international law, including the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as amended by the New York Protocol of 31 January 1967, with obligations related to international protection, in particular the principle of non-refoulement, and with fundamental rights. As such, measures taken at the external borders are important elements of a comprehensive approach to migration, allowing Member States to address the challenge of mixed arrivals of irregular migrants and persons in need of international protection.

(4)

According to Regulation (EU) 2016/399, border control consists of border checks carried out at the border crossing points and border surveillance, which is carried out between the border crossing points, in order to prevent third-country nationals from border crossing not authorised under that Regulation or from circumventing border checks. Pursuant to the provisions on border surveillance in Regulation (EU) 2016/399, a person who has crossed a border in an unauthorised manner and who has no right to stay on the territory of the Member State concerned is to be apprehended and made subject to procedures respecting Directive 2008/115/EC. Pursuant to Regulation (EU) 2016/399, border control is to be carried out without prejudice to the rights of refugees and persons requesting international protection, in particular as regards non-refoulement.

(5)

Border guards are often faced 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 border guards are faced with large numbers of arrivals at the same time. In such circumstances, it is particularly difficult and important to ensure that all relevant databases are consulted and to determine the appropriate procedure as quickly as possible.

(6)

In particular, the screening of third-country nationals should contribute to ensuring that they are referred to the appropriate procedures at the earliest stage possible and that those procedures are continued without interruption or delay. At the same time, the screening should help to counter the practice whereby some applicants for international protection abscond after having been authorised to enter the territory of a Member State based on their request for international protection, in order to pursue such requests in another Member State or not at all.

(7)

The screening of third-country nationals who apply for international protection, should be followed by an examination of the need for international protection. It should enable the collection and sharing with the authorities competent for that examination of any information that is relevant for the latter to identify the appropriate procedure for the examination of the application without prejudging the type of procedure, thus speeding up that examination. The screening should also contribute to identifying vulnerable persons so that any special needs are fully taken into account in the determination of and the pursuit of the applicable procedure.

(8)

The obligations on Member States stemming from this Regulation should be without prejudice to Regulation (EU) 2024/1351 of the European Parliament and of the Council (6).

(9)

This Regulation should apply to third-country nationals and stateless persons regardless of whether they have made an application for international protection who are apprehended in connection with an unauthorised crossing of the external border of a Member State by land, sea or air, except third-country nationals for whom the Member State concerned is not required to take the biometric data pursuant to Regulation (EU) 2024/1358 of the European Parliament and of the Council (7) for reasons other than their age, as well as to those third-country nationals who have been disembarked following search and rescue operations, and do not fulfil the entry conditions set out in Regulation (EU) 2016/399. For those third-country nationals who have been disembarked following search and rescue operations, the application of this Regulation should be without prejudice to the obligations of Member States according to international law regarding search and rescue operations. This Regulation should also apply to those persons who seek international protection at the border crossing points or in transit zones without fulfilling the entry conditions or where third-country nationals, after having been authorised to enter pursuant to Regulation (EU) 2016/399 on humanitarian grounds, on grounds of national interest or because of international obligations, make an application for international protection.

(10)

The screening should be conducted at any adequate and appropriate location designated by each Member State, generally situated at or in proximity to the external border or, alternatively, in other locations within the territory, taking into account geography and existing infrastructures, ensuring that the screening can be carried out without delay. The screening of third-country nationals illegally staying within Member States’ territory who have crossed an external border to enter the territory of the Member States in an unauthorised manner and who have not been already subjected to the screening in a Member State, should be conducted at any adequate and appropriate location designated by each Member State within its territory.

(11)

Third-country nationals subject to the screening should remain available to the screening authorities during the screening. Member States should lay down in their national law provisions to ensure the presence of those third-country nationals during the screening in order to prevent absconding. Where it proves necessary and on the basis of an individual assessment of each case, Member States may detain a person subject to the screening, if other less coercive alternative measures cannot be applied effectively. Detention should only be applied as a measure of last resort in accordance with the principles of necessity and proportionality and should be subject to an effective remedy, in line with national, Union and international law. The relevant provisions of Directive (EU) 2024/1346 of the European Parliament and of the Council (8) , for applicants for international protection, and the relevant rules on detention set out in Directive 2008/115/EC, for third-country nationals who have not made an application for international protection, should apply during the screening.

(12)

Wherever it becomes clear during the screening that a third-country national subject to such screening fulfils the entry conditions for third-country nationals laid down in Regulation (EU) 2016/399, the screening should end and the third-country national concerned should be authorised to enter the territory, without prejudice to the application of penalties for the unauthorised crossing of external borders at places other than border crossing points or at times other than the fixed opening hours as referred to in that Regulation.

(13)

In view of the purpose of the derogations from the entry conditions for third-country nationals established by Regulation (EU) 2016/399, persons whose entry has been authorised by a Member State in accordance with such derogations under that Regulation in an individual decision should not be subjected to the screening even if they do not fulfil all entry conditions, unless they make an application for international protection.

(14)

All third-country nationals subject to the screening should be submitted to checks, in order to identify or verify their identity and to verify whether they might pose a threat to internal security or public health. In the case of persons making an application for 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 of checks.

(15)

On completion of the screening, the third-country nationals concerned should either be referred to the authorities competent for registering the application for international protection or be made subject to procedures respecting Directive 2008/115/EC, 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. Where necessary, the checks established by this Regulation should be continued by the respective competent authorities within the ensuing procedure. The procedures established by Directive 2008/115/EC should start to apply only after the screening has ended. The provisions on the registration of applications for international protection of Regulation (EU) 2024/1348 of the European Parliament and of the Council (9) should apply only after the screening has ended. That 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 and Regulation (EU) 2024/1348 and Directive (EU) 2024/1346 should apply to them.

(16)

Persons applying for international protection to whom Member States are not able to apply or are no longer able to apply an asylum border procedure in accordance with the provision on the exceptions to the asylum border procedure in Regulation (EU) 2024/1348 should, as a rule, be authorised to enter the territory.

(17)

The screening could also be followed by relocation under the mechanism for solidarity established by Regulation (EU) 2024/1351 or another existing solidarity mechanism.

(18)

In accordance with the presumption as regards fulfilment of conditions of duration of stay laid down in 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 might 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 established by Regulation (EU) 2017/2226 of the European Parliament and of the Council (10) (EES) leading to substitution of the stamps with an entry in the EES, that presumption will become more reliable. Member States should therefore carry out the screening of third-country nationals who are already within their 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 the screening. Carrying out 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. Third-country nationals should not be subjected to repeated screenings.

(19)

Member States should be able to refrain from carrying out the screening within the territory if a third-country national staying illegally on their territory is sent back, immediately after apprehension, to another Member State under bilateral agreements or arrangements or under bilateral cooperation frameworks. In that case, the Member State to which the third-country national concerned has been sent back should carry out the screening without delay.

(20)

This Regulation is without prejudice to provisions of national law covering the identification of third-country nationals suspected of staying in a Member State illegally where such identification is in order to research, within a brief but reasonable time, the information enabling the determination of the illegality or legality of the stay.

(21)

Without prejudice to the rules on border control applicable at the internal borders of the Member States where a decision to lift such controls has not yet been taken, the screening of third country nationals apprehended in connection with an unauthorised crossing of such internal borders where the controls have not yet been lifted should follow the rules established by this Regulation for the screening within the territory and not the rules established for the screening at the external border.

(22)

The screening at the external border should be completed as soon as possible, and should not exceed seven days. The screening within the territory should be completed as soon as possible, and should not exceed three days. Member States should not be prevented from completing the screening at the external border and the screening within the territory in shorter periods, provided that the checks provided for in this Regulation are carried out.

(23)

The screening is part of the European integrated border management. The Instrument for Financial Support for Border Management and Visa Policy, established, as part of the Integrated Border Management Fund, by Regulation (EU) 2021/1148 of the European Parliament and of the Council (11), in particular can be mobilised to provide support to Member States’ actions falling under this Regulation, in line with the rules governing the use of that Instrument and without prejudice to other priorities underpinned by it.

(24)

In order to achieve the objectives of the screening, a stronger framework for close cooperation should be ensured between the competent national authorities referred to in the provision on implementation of control of Regulation (EU) 2016/399, the authorities responsible for asylum procedures and reception of applicants, the authorities responsible for the protection of public health and the authorities responsible for carrying out return procedures respecting Directive 2008/115/EC. Member States should be allowed to avail themselves of the support of the relevant agencies, in particular the European Border and Coast Guard Agency established by Regulation (EU) 2019/1896 of the European Parliament and of the Council (12) (the ‘European Border and Coast Guard Agency’) and the European Union Agency for Asylum established by Regulation (EU) 2021/2303 of the European Parliament and of the Council (13) (the ‘European Union Agency for Asylum’), within the limits of their mandates. Member States should involve national child protection authorities and national authorities in charge of detecting and identifying victims of trafficking in human beings wherever the screening reveals facts relevant for trafficking in line with Directive 2011/36/EU of the European Parliament and of the Council (14).

(25)

During the screening, the best interests of the child should always be a primary consideration in accordance with Article 24(2) of the Charter of Fundamental Rights of the European Union (the ‘Charter’). Child protection authorities should, wherever necessary, be closely involved in the screening to ensure that the best interests of the child are duly taken into account throughout the screening. A representative should be appointed to represent and assist the unaccompanied minor during the screening or, where a representative has not been appointed, a person trained to safeguard the best interests and general wellbeing of the minor should be designated. Where applicable, that representative should be the same as the representative appointed in accordance with the rules on unaccompanied minors in Directive (EU) 2024/1346. The trained person should be the person designated to provisionally act as a representative under that Directive, where that person has been designated.

(26)

When applying this Regulation, the Member States should ensure the respect for human dignity and should not discriminate against persons on grounds of sex, race, 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.

(27)

In order to ensure compliance with Union and international law, including the Charter, during the screening, each Member State should provide for a monitoring mechanism and put in place adequate safeguards for the independence thereof, such as respect of the Paris Principles, adopted by the United Nations General Assembly Resolution 48/134 of 20 December 1993, of the Venice Principles, adopted by the Venice Commission at its 118th Plenary Session of 15-16 March 2019, the United Nations General Assembly Resolution of 28 December 2020 on the role of the Ombudsman and mediator institutions in the promotion and protection of human rights, good governance and the rule of law, and the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, adopted on 18 December 2002 at the fifty-seventh session of the General Assembly of the United Nations by resolution A/RES/57/199 (‘OPCAT’). For that purpose, Member States should be able to have recourse to already existing national fundamental rights monitoring mechanisms in accordance with the requirements set out in this Regulation. The monitoring mechanism provided for by each Member State should cover in particular respect for fundamental rights in relation to the screening, as well as the respect for the applicable Union and national rules regarding detention and compliance with the principle of non-refoulement. The European Union Agency for Fundamental Rights established by Council Regulation (EC) No 168/2007 (15) (the ‘Fundamental Rights Agency’) should establish general guidance as to the establishment and the independent functioning of such monitoring mechanisms. 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 their national 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 monitoring mechanism for the purpose of monitoring the operational and technical application of the Common European Asylum System as set out in Regulation (EU) 2021/2303, the evaluation and monitoring mechanism established by Council Regulation (EU) 2022/922 (16) and monitoring carried out by existing national or international monitoring bodies. 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.

(28)

Member States should equip the independent monitoring mechanism with appropriate financial means.

(29)

The mere existence of judicial remedies in individual cases or national systems that supervise the efficiency of the screening is not sufficient to comply with the requirements concerning the monitoring of fundamental rights under this Regulation.

(30)

The screening authorities should fill in a screening form. The form should be transmitted by any appropriate means, including digital tools, to the authorities registering applications for international protection or to the authorities competent for return procedures, depending to whom the person is referred.

(31)

This Regulation should be without prejudice to actions undertaken in accordance with national law with a view to establishing the identity of the person concerned or assessing possible threats to internal security.

(32)

The information in the screening form should be recorded in such a way that it is amenable to administrative and judicial review during any ensuing asylum or return procedure. The person subject to the screening should have the possibility to indicate to the screening authorities that the information contained in the form is incorrect. Any such indication should be recorded in the screening form without delaying the completion of the screening.

(33)

Information contained in the screening form should be made available either on paper or in an electronic format to the person concerned, with the exception of the information related to the consultation of relevant databases for security checks. In the case of minors, the information contained in the screening form should be provided to the adult or adults responsible for the child. In the case of unaccompanied minors, the information contained in the screening form should be provided to the representative of the child or the person trained to safeguard the best interests and general well-being of the minor.

(34)

The processing of data during the screening procedure should always be carried out in accordance with the applicable Union data protection law, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council (17).

(35)

The biometric data taken during the screening should, together with the data referred to in the provisions on the collection and transmission of biometric data of applicants for international protection, of third-country nationals or stateless persons apprehended in connection with the irregular crossing of an external border, of third-country nationals or stateless persons illegally staying in a Member State and of third-country nationals or stateless persons disembarked following a search and rescue operation of Regulation (EU) 2024/1358, be transmitted to Eurodac established by that Regulation (‘Eurodac’) by the competent authorities in accordance with the deadlines provided for in that Regulation.

(36)

Third-country nationals subjected to the screening should be subject to a preliminary health check by qualified medical personnel with a view to identifying any needs for health care or isolation on public health grounds. Qualified medical personnel should be able to decide, based on the medical circumstances concerning the general state of each individual third-country national, that no further health check during the screening is necessary. That preliminary health check should be carried out by qualified medical personnel belonging to one of the following categories of the ISCO-08 classification of the International Standard Classification of Occupations under the responsibility of the International Labour Organization: 221 Medical Doctors, 2221 Nursing Professionals, or 2240 Paramedical Practitioners.

(37)

A preliminary vulnerability check should be carried out with a view to identifying persons with indications of being vulnerable, of being victims of torture or other inhuman or degrading treatment, or of being stateless, or who may have special reception or procedural needs within the meaning of Directive (EU) 2024/1346 and Regulation (EU) 2024/1348, respectively. This should be without prejudice to further assessment in ensuing procedures following the completion of the screening. The vulnerability check should be carried out by specialised personnel of the screening authorities trained for that purpose.

(38)

During the screening, all persons concerned should be guaranteed a standard of living complying with the Charter 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 the 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 report any situation of vulnerabilities observed or reported to them, should respect human dignity and privacy, and should refrain from any discrimination.

(39)

Since third-country nationals subject to the screening might not have the necessary identity and travel documents required for the legal crossing of the external border, an identification or verification procedure should be carried out as part of the screening.

(40)

The Common Identity Repository (CIR) was established by Regulations (EU) 2019/817 (18) and (EU) 2019/818 (19) of the European Parliament and of the Council to facilitate and assist in the correct identification of persons to facilitate and assist in the correct identification of persons registered in the EES, the Visa Information System established by Council Decision 2004/512/EC (20) (VIS), the European Travel Information and Authorisation System established by Regulation (EU) 2018/1240 of the European Parliament and of the Council (21) (ETIAS), Eurodac and the centralised system for the identification of Member States holding conviction information on third-country nationals and stateless persons established by Regulation (EU) 2019/816 of the European Parliament and of the Council (22) (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 the 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 are automatically deleted where the data are deleted from the underlying systems. Consultation of the CIR enables a reliable and exhaustive identification or verification of identity 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 the protection of the data and avoiding the unnecessary processing or duplication of data.

(41)

In order to establish the identity or to verify the identity of the person subject to the screening, a verification should be initiated in the CIR in the presence of that person during the screening. During that verification, the biometric data of the person should be checked against the data contained in the CIR. Where the biometric data of a person cannot be used or if a query with those data fails or returns no hits, the query could be carried out with the identity data of the person in combination with travel document data, where such data are available, or with data or information provided by or obtained from the third-country national concerned. In accordance with the principles of necessity and proportionality, and where the query indicates that data on that person are stored in the CIR, Member State authorities should have access to the CIR to consult the identity data, travel document data and biometric data of that person, without the CIR providing any indication as to which EU information system contains the data.

(42)

Since the use of the CIR for identification purposes has been limited by Regulations (EU) 2019/817 and (EU) 2019/818 to facilitating and assisting in the correct identification of persons registered in the EES, VIS, ETIAS, Eurodac and ECRIS-TCN in situations of police checks within the territory of the Member States, those Regulations need to be amended to provide for the additional purpose of using the CIR to identify or verify the identity of persons during the screening. In the case of Regulation (EU) 2019/818, such amendment should for reasons of variable geometry take place through a different Regulation than this Regulation.

(43)

Given that many persons submitted to the screening might not have any travel documents, the screening authorities 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.

(44)

The identification or verification of identity 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 or within the territory 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. The taking of biometric data for the purpose of both identification or verification of identity and the registration in accordance with the requirements of Regulation (EU) 2024/1358 should take place once as part of the screening.

(45)

In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission, enabling it to set out the detailed procedure and specifications for retrieving data and to specify the procedure for cooperation between the authorities responsible for carrying out the screening, Interpol National Central Bureaux and Europol national units, respectively, to determine the threat to internal security. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (23).

(46)

The screening should also verify whether the entry of the third-country nationals concerned into the Union might pose a threat to internal security.

(47)

As the screening concerns third-country nationals present at the external border without fulfilling entry conditions, third-country nationals disembarked after a search and rescue operation without fulfilling entry conditions, and third-country nationals illegally staying within the territory of Member States, the security checks as part of the screening should be at least of a similar level as the checks performed in respect of third-country nationals who apply beforehand for an authorisation to enter the Union for a short stay, whether they are under a visa obligation or not.

(48)

For third-country nationals who are exempt on the basis of their nationality from the visa requirement under Regulation (EU) 2018/1806 of the European Parliament and of the Council (24), Regulation (EU) 2018/1240 provides that they have to apply for a travel authorisation to come to the Union for a short stay. Before receiving that travel authorisation, the persons concerned are submitted to security checks of the personal data they submit against a number of Union databases, namely VIS, the Schengen Information System established by Regulations (EU) 2018/1860 (25), (EU) 2018/1861 (26) and (EU) 2018/1862 (27) of the European Parliament and of the Council (SIS), the EES, ETIAS, the Europol data processed for the purpose of cross-checking as referred to in Regulation (EU) 2016/794 of the European Parliament and of the Council (28), ECRIS-TCN, as well as Interpol’s Stolen and Lost Travel Document database (SLTD) and Travel Documents Associated with Notices database (TDAWN). Third-country nationals who are subject to the visa requirement under Regulation (EU) 2018/1806 are submitted to security checks before a visa is issued, against the same databases as third-country nationals not subject to that visa requirement, pursuant to Regulations (EC) No 810/2009 (29) and (EC) No 767/2008 (30) of the European Parliament and of the Council.

(49)

As regards persons subject to the screening, automated verifications for security purposes should be carried out against the same systems as provided for applicants for a visa, a long-stay visa, a residence permit under VIS or a travel authorisation under ETIAS, namely VIS, the EES, ETIAS, including the ETIAS watchlist referred to in Regulation (EU) 2018/1240, SIS, ECRIS-TCN as regards persons convicted in relation to terrorist offences and other forms of serious criminal offences, Europol data processed for the purpose of cross-checking as referred to in Regulation (EU) 2016/794, SLTD and TDAWN.

(50)

The consultation of the relevant databases for security purposes should be conducted in a manner that ensures that only data necessary for carrying out the security checks is retrieved from those databases. With regard to persons who have made an application for international protection at a border crossing point or in transit zones, the consultation of databases for the security check as part of the screening should focus on the databases that were not consulted during the border checks at the external border, thus avoiding repeated consultations.

(51)

Where justified, the screening could also include verification of objects in the possession of third-country nationals, in accordance with national law. Any measures applied in the context of a security check 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.

(52)

Since access to the EES, ETIAS, VIS and ECRIS-TCN is necessary for the screening authorities in order to verify whether the person might pose a threat to internal security, Regulations (EC) No 767/2008, (EU) 2017/2226, (EU) 2018/1240 and Regulation (EU) 2019/816 should be amended to provide for that access right, which is currently not provided by those Regulations. In the case of Regulation (EU) 2019/816, such amendment should for reasons of variable geometry take place through a different Regulation than this Regulation.

(53)

The European search portal established by Regulation (EU) 2019/817 (ESP) should be used to carry out the searches against the CIR for identification or verification of identity.

(54)

It should be possible for the screening authorities to use the ESP to carry out the searches against the EES, ETIAS, VIS, SIS and ECRIS-TCN, Europol data, SLTD and TDAWN, for the purpose of security checks, as applicable.

(55)

The consultation of Union databases for the purposes of identification or verification of identity or of security checks can be justified for the effective implementation of the screening and for achieving the same objective for which each of those databases has been established, namely the effective management of the Union’s external borders in the context of the European integrated border management.

(56)

In the event of a hit for the purposes of identification or verification of identity or of a security check, the screening authority should verify that data recorded in EU information systems or Europol data correspond to the data triggering a hit.

(57)

It should also be possible for the screening authorities to check the relevant national databases in the context of identification or verification of identity or of security checks in accordance with national law.

(58)

For the purposes of complying with the obligation to perform identification or verification of identity and security checks during the screening, Member States who do not yet apply some provisions of the Schengen acquis in full and do not therefore have access to all EU information systems and Union databases are responsible for performing identity and security checks by carrying out searches only in those systems and databases to which they have access.

(59)

Since the objectives of this Regulation, namely to strengthen the control of third-country nationals crossing the external borders and to provide for the identification or verification of identity of all third-country nationals subject to the screening and for the consultation of relevant databases in order to verify whether the third-country nationals subject to the screening might pose a threat to internal security and contribute to their referral to the appropriate procedures, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale or effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. 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.

(60)

In accordance with Articles 1 and 2 of the Protocol No 22 on the position of Denmark, as annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Given that this Regulation builds upon the Schengen acquis, Denmark shall, in accordance with Article 4 of that Protocol, decide within a period of six months after the Council has decided on this Regulation whether it will implement it in its national law.

(61)

This Regulation constitutes a development of the provisions of the Schengen acquis, in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (31). Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(62)

As regards Iceland and Norway, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latter’s association with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1, point A of Council Decision 1999/437/EC (32).

(63)

As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, point A of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC (33).

(64)

As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, point A of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU (34).

(65)

As regards Cyprus, this Regulation constitutes an act building upon, or otherwise related to, the Schengen acquis within the meaning of Article 3(1) of the 2003 Act of Accession.

(66)

As regards Cyprus, Council Regulation (EC) No 866/2004 (35) provides for specific rules that apply to the line between the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus exercises effective control and those areas in which the Government of the Republic of Cyprus does not exercise effective control. Under this Regulation, although that line does not constitute an external border, checks are to be carried out on all persons crossing the line through an authorised or unauthorised crossing point with the aim to combat illegal immigration of third-country nationals and to detect and prevent any security risk. It follows that the screening at the external border may also apply to third-country nationals who are apprehended in connection with an unauthorised crossing of that line and to those who have made an application for international protection at the authorised crossing points.

(67)

Denmark, Norway, Iceland, Switzerland, and Liechtenstein are not bound by Directive (EU) 2024/1346. In those States the reception conditions for applicants for international protection are regulated by relevant national legislation based on the application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967. As regards those States, references made in this Regulation to that Directive should be understood as references to corresponding provisions in national law,

(a)

the screening at the external borders of the Member States of third-country nationals who, without fulfilling the entry conditions set out in Article 6 of Regulation (EU) 2016/399, have crossed the external border in an unauthorised manner, have applied for international protection during border checks, or have been disembarked after a search and rescue operation, before they are referred to the appropriate procedure; and

(b)

the screening of third-country nationals illegally staying within the territory of the Member States where there is no indication that those third-country nationals have been subject to controls at external borders, before they are referred to the appropriate procedure.

(1)

‘threat to public health’ means ‘threat to public health’ as defined in Article 2, point (21), of Regulation (EU) 2016/399;

(2)

‘verification’ means ‘verification’ as defined in Article 4, point (5), of Regulation (EU) 2019/817;

(3)

‘identification’ means ‘identification’ as defined in Article 4, point (6), of Regulation (EU) 2019/817;

(4)

‘third-country national’ means ‘third-country national’ as defined in Article 2, point (6), of Regulation (EU) 2016/399;

(5)

‘stateless person’ means a person who is not considered as a national by any State under the operation of its law;

(6)

‘Europol data’ means ‘Europol data’ as defined in Article 4, point (16), of Regulation (EU) 2019/817;

(7)

‘representative’ means a natural person or an organisation, including a public authority, appointed by the competent authorities or bodies to represent, assist and act, as applicable, on behalf of an unaccompanied minor;

(8)

‘biometric data’ means ‘biometric data’ as defined in Article 4, point (11), of Regulation (EU) 2019/817;

(9)

‘minor’ means a third-country national or stateless person below the age of 18 years;

(10)

‘screening authorities’ means all competent authorities designated by national law to carry out one or more of the tasks under this Regulation, except for the health checks referred to in Article 12(1);

(11)

‘unaccompanied minor’ means a minor who arrives on the territory of the Member State unaccompanied by an adult responsible for him or her, whether by the law or practice of the Member State concerned, and for as long as such minor is not effectively taken into the care of such an adult, including a minor who is left unaccompanied after entering the territory of a Member State;

(12)

‘detention’ means the confinement of a person by a Member State within a particular place, where such person is deprived of freedom of movement;

(13)

‘Interpol databases’ means ‘Interpol databases’ as defined in Article 4, point (17), of Regulation (EU) 2019/817;

(14)

‘search and rescue operation’ means an operation of search and rescue as referred to in the International Convention on Maritime Search and Rescue adopted in Hamburg, Germany, on 27 April 1979.

(1)

paragraph 2 is replaced by the following:

(*1)  Regulation (EU) 2024/1356 of the European Parliament and of the Council of 14 May 2024 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, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1356/oj).’;"

(2)

the following paragraph is inserted:

(1)

in Article 6(1), the following point is added:

(*2)  Regulation (EU) 2024/1356 of the European Parliament and of the Council of 14 May 2024 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, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1356/oj).’;"

(2)

Article 9 is amended as follows:

(3)

the following Article is inserted:

(4)

in Article 46(1), point (a) is replaced by the following:

(1)

in Article 4, the following point is inserted:

(*4)  Regulation (EU) 2024/1356 of the European Parliament and of the Council of 14 May 2024 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, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1356/oj).’;"

(2)

in Article 8(2), the following point is added:

(3)

Article 13 is amended as follows:

(4)

the following Article is inserted:

(5)

in Article 69(1), the following point is inserted:

(1)

in Article 7, paragraph 2 is replaced by the following:

(2)

Article 17 is amended as follows:

(3)

in Article 18, paragraph 3 is replaced by the following:

(4)

the following Article is inserted:

(*5)  Regulation (EU) 2024/1356 of the European Parliament and of the Council of 14 May 2024 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, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1356/oj).’;"

(5)

Article 24 is amended as follows: