1. Member States shall carry out the screening of third-country nationals illegally staying within their territory only where such third-country nationals have crossed an external border to enter the territory of the Member States in an unauthorised manner and have not already been subjected to the screening in a Member State. Member States shall lay down in their national law provisions to ensure that those third-country nationals remain available to the authorities responsible for carrying out the screening for the duration of the screening, to prevent any risk of absconding and potential threats to internal security resulting from such absconding.

2. Member States may refrain from carrying out the screening in accordance with paragraph 1 if a third-country national staying illegally on their territory is sent back, immediately after apprehension, to another Member State under bilateral agreements or arrangements or under bilateral cooperation frameworks. In that case, the Member State to which the third-country national concerned has been sent back shall carry out the screening.

3. Article 5(3), second and third subparagraphs shall apply to the screening in accordance with paragraph 1 of this Article.