Proposal for a Regulation introducing a screening of third country nationals at the external borders

Summary:

Legislative initiative tabled by the European Commission on 23 September 2020, introducing a screening of third country nationals at the external borders. It aims to amend Regulation (EC) 767/2008, Regulation (EU) 2017/2226, Regulation (EU) 2018/1240 and Regulation (EU) 2019/817.

Further information:

The available data demonstrate that the arrival of third-country nationals with clear international protection needs as observed in 2015-2016 has been partly replaced by mixed arrivals of persons. The challenges of migration management, related in particular to ensuring a quick identification of those in need of international protection or effective returns (for those who are not in need of protection), should be dealt with in an uniform manner by the entire European Union (EU) as a whole.

This proposal puts in place a pre-entry screening that should be applicable to all third-country nationals who are present at the external border without fulfilling the entry conditions or after disembarkation, following a search and rescue operation. The proposal introduces uniform rules concerning the procedures to be followed at the pre-entry stage of assessing the individual needs of third country nationals and uniform rules on the length of the process of collecting relevant information for identification of the procedures to be followed with regard to such persons. The proposal also creates an EU framework by putting in place uniform rules for the screening of irregular migrants apprehended within the territory and who eluded border controls on entering the Schengen area. This aims to contribute to protecting the Schengen area and ensure efficient management of irregular migration.

This initiative was put forward as part of a legislative package launched alongside a New Pact on Migration and Asylum. Member State representatives adopted a general approach on behalf of the Council of the European Union on 22 June 2022.

• Primary Source

• Alternative Source

Commentary and Analysis

EU Migration Law Blog, 27/10/2020: Re-decoration of existing practices? Proposed screening procedures at the EU external borders https://eumigrationlawblog.eu/re-decoration-of-existing-practices-proposed-screening-procedures-at-the-eu-external-borders/

EPRS: Briefing, May 2022: Screening of third-country nationals at the EU's external borders https://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2020)659346

---

Official

European Commission: New Pact on Migration and Asylum - A fresh start on migration in Europe https://ec.europa.eu/info/strategy/priorities-2019-2024/promoting-our-european-way-life/new-pact-migration-and-asylum_en

European Parliament: Legislative Observatory: Procedure File for Proposal on Screening Regulation (2020/0278(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2020/0278(COD)

European Parliament: Legislative Train Schedule: Screening of third country nationals at the external borders https://www.europarl.europa.eu/legislative-train/theme-promoting-our-european-way-of-life/file-border-screening

European Commission: Press Release, 23/09/2020: A fresh start on migration: Building confidence and striking a new balance between responsibility and solidarity https://ec.europa.eu/commission/presscorner/detail/en/ip_20_1706

European Commission: Q&A, 23/09/2020: New Pact on Migration and Asylum: Questions and Answers https://ec.europa.eu/commission/presscorner/detail/en/qanda_20_1707

European Commission: Q&A, 23/09/2020: New Pact on Migration and Asylum - Building on the progress made since 2016: Questions and Answers https://ec.europa.eu/commission/presscorner/detail/en/qanda_20_1723

European Commission: Press statement by President von der Leyen on the New Pact on Migration and Asylum (23 September 2020) https://ec.europa.eu/commission/presscorner/detail/en/statement_20_1727

European Commission: Speech by Vice-President Schinas on the New Pact on Migration and Asylum (23 September 2020) https://ec.europa.eu/commission/presscorner/detail/en/speech_20_1736

European Commission: Speech by Commissioner Johansson on the New Pact on Migration and Asylum (23 September 2020) https://ec.europa.eu/commission/presscorner/detail/en/speech_20_1733

Council of the European Union: Press Release, 22/06/2022: Asylum and migration: the Council approves negotiating mandates on the Eurodac and screening regulations and 21 states adopt a declaration on solidarity https://www.consilium.europa.eu/en/press/press-releases/2022/06/22/migration-and-asylum-pact-council-adopts-negotiating-mandates-on-the-eurodac-and-screening-regulations/

European Commission: Press Release, 22/06/2022: Migration and Asylum: Commission welcomes today's progress in the Council on the New Pact on Migration and Asylum https://ec.europa.eu/commission/presscorner/detail/en/ip_22_3970

---