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Screening Regulation:
Article 21 – Amendments to Regulation (EU) 2017/2226

Regulation (EU) 2017/2226Entry/Exit System Regulation is amended as follows:

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

‘(l) support the objectives of the screening established by Regulation (EU) 2024/1356Screening Regulation of the European Parliament and of the Council ((*)), in particular for the checks provided under Articles 14 to 16 thereof.

(*) 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:

(a) the following paragraph is inserted:

‘2b. The duly authorised staff of the screening authorities as defined in Article 2, point (10), of Regulation (EU) 2024/1356Screening Regulation shall have access to the EESEntry/Exit System to consult EES data.’;

(b) paragraph 4 is replaced by the following:

‘4. Access to the EESEntry/Exit System data stored in the CIRCommon Identity Repository shall be reserved exclusively for the duly authorised staff of the national authorities of each Member State and for the duly authorised staff of the Union agencies that are competent for the purposes laid down in Articles 20, 20a and 21 of Regulation (EU) 2019/817Interoperability (Borders and Visa) Regulation and in Articles 20, 20a and 21 of Regulation (EU) 2019/818Interoperability (Police and Asylum) Regulation of the European Parliament and of the Council ((*)). Such access shall be limited according to the extent that the data are required for the performance of their tasks for those purposes, and proportionate to the objectives pursued.

(*) Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816 (OJ L 135, 22.5.2019, p. 85).’;” ↩︎


(3) the following Article is inserted:

‘Article 24a

Access to data for the security check for the purposes of the screening

The screening authorities as defined in Article 2, point (10), of Regulation (EU) 2024/1356Screening Regulation shall have access to the EESEntry/Exit System to consult the data in order to perform a security check in accordance with Article 15(2) of that Regulation.

A search in accordance with this Article shall be performed by using the data referred to in Article 14(1) of Regulation (EU) 2024/1356Screening Regulation and the EESEntry/Exit System shall return a hit where a refusal of entry record based on the grounds provided for in points B, D, H, I and J of Part B of Annex V to Regulation (EU) 2016/399Schengen Border Code is linked to a matching individual file. Where a hit is obtained, the screening authorities shall have access to all relevant data in the file.

If the individual file does not include any biometric data, the screening authorities may proceed to access the biometric data of the person concerned and verify correspondence in VISVisa Information System in accordance with Article 6 of Regulation (EC) No 767/2008Visa Information System Regulation.’;

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

‘(a) the purpose of the access referred to in Article 9(2), (2a) and (2b).’.

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Categories: Articles Key words: Common Identity Repository (CIR), Screening authorities

Keywords

Absconding Accelerated Examination Procedure Adequate capacity Annual Solidarity Pool Asylum Border Procedure Beneficiary of temporary protection Best Interests of the Child Biometric data Common Identity Repository (CIR) Crisis/Force Majeure Detention Determining authority Effective Remedy Eurodac Facial image data Family members Fingerprint data Hit Humanitarian admission Identification Identity data Illegal stay Mandatory Solidarity Member State Responsible Migratory pressure Minor Non-Refoulement Refugee status Relocation Remain in the Member State Representative Resettlement Return Border Procedure Safe Country of Origin Safe Third Country Search and rescue operation Secondary Movement Special procedural guarantees Special reception needs Stateless person Subsequent application Subsidiary protection status Transfer Unaccompanied minor Visa

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