Members' Research Service By / November 18, 2020

Screening of third-country nationals at the EU’s external borders [EU Legislation in Progress]

In September 2020, the Commission put forward a new pact on migration and asylum, setting out a comprehensive approach to European Union (EU) migration policies that links external borders, asylum, return systems, the Schengen area of free movement and the external dimension of migration.

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Written by Costica Dumbrava (4th edition, updated on 04.06.2024),

In September 2020, the Commission put forward a new pact on migration and asylum, setting out a comprehensive approach to European Union (EU) migration policies that links external borders, asylum, return systems, the Schengen area of free movement and the external dimension of migration. The pact includes a proposal for a new regulation on the screening of third-country nationals at external borders aiming to clarify and streamline the rules on dealing with third-country nationals who are not authorised to enter or stay in the EU.

The proposal would introduce a pre-entry screening procedure allowing national authorities at external borders to channel irregular third-country nationals to the appropriate procedure, i.e. asylum or return procedures. The screening would start with preliminary health and vulnerability checks and finish with the transmission of a debriefing form to the appropriate authorities. The proposal would provide for the establishment, by each Member State, of an independent monitoring mechanism for fundamental rights.

The Parliament adopted the regulation in April 2024 and the Council in May. The new regulation enters into force on 11 June 2024 and will apply from 12 June 2026.

Complete version

Proposal for a regulation introducing a screening of third-country nationals at the external borders
Committee responsible: Civil Liberties, Justice and Home Affairs (LIBE) COM(2020) 612
23.9.2020
Rapporteur: Birgit Sippel (S&D, Germany) 2020/0278 (COD)
Shadow rapporteurs: Juan Ignacio Zoido Álvarez (EPP, Spain)Jan-Christoph Oetjen (Renew, Germany)

Tineke Strik (Greens/EFA, Netherlands)

Charlie Weimers (ECR, Sweden)

Tom Vandendriessche (ID, Belgium)

Cornelia Ernst (GUE/NGL, Germany)

Ordinary legislative procedure (COD) (Parliament and Council on equal footing – formerly ‘co-decision’)
Procedure completed. Regulation (EU) 2024/1356

OJ L 2024/1356, 22.5.2024

Stage: procedure completed


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