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

This Regulation establishes:

1. 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

2. 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.

The objective of the screening shall be to strengthen the control of third-country nationals crossing the external borders, to identify all third-country nationals subject to the screening and to check against the relevant databases whether the persons subject to the screening might pose a threat to internal security. The screening shall also entail preliminary health and vulnerability checks to identify persons in need of health care and persons that might pose a threat to public health, and to identify vulnerable persons. Such checks shall facilitate the referral of such persons to the appropriate procedure.

This Regulation also provides for an independent monitoring mechanism in each Member State to monitor compliance with Union and international law, including the Charter of Fundamental Rights of the European Union (the ‘Charter’), during the screening.

For the purposes of this Regulation, the following definitions apply:

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.

When applying this Regulation, Member States shall act in full compliance with relevant Union law, including the Charter, with relevant international law, including the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967, with the obligations related to access to international protection, in particular the principle of non-refoulement, and with fundamental rights.