Regulation (EU) 2024/1356 introducing the screening of third-country nationals at the external borders

What it is

PURPOSE: to establish a seamless pre-entry screening procedure at the external borders of the Member States applicable to all non-EU citizens crossing without authorisation. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: the New Pact on Migration and Asylum advocates integrated policy-making bringing together policies in the areas of asylum, migration, return, external border protection, fight against migrants’ smuggling and relations with key third countries reflecting a whole of government approach. It recognises that a comprehensive approach also means a stronger, more sustainable and tangible expression of the principle of solidarity and fair sharing of responsibility. The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Birgit SIPPEL (S&D, DE) on the proposal for a regulation of the European Parliament and of the Council introducing a 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. The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows: The purpose of the screening should be to strengthen border checks at the external borders, to identify all third-country nationals subject to it and to verify against the relevant databases whether the persons subject to it might pose a threat to internal security. The screening should also include a mandatory preliminary health check and a mandatory preliminary vulnerability check, which seek to identify vulnerable persons, persons with special reception or procedural needs, and persons in need of health care. The screening should also seek to identify persons that possibly pose a threat to public health. The screening may be conducted at any appropriate and adequate location within the territory of a Member State to be designated by that Member State, including at or in proximity to the external borders. The screening should be completed as soon as possible and should not exceed five days . In a situation of crisis, the screening should be carried out at the latest within ten days. Member States should still always carry out the screening without delay and as quickly as possible. Member States should ensure that all persons subject to the screening are accorded a standard of living which guarantees their subsistence, protects their physical and mental health. Third-country nationals should not be subject to any intrusive biometric surveillance technologies nor predictive analytics and biometric categorisation in or around the reception or screening facilities or during the screening. The use of lie detection systems or long-range listening devices shall be prohibited. The report stressed that each Member State should establish an independent monitoring mechanism to monitor compliance with Union and international law, during border surveillance and the…

Official title: 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