A new screening regulation

Checks and identification of the correct procedure

The aim of the new screening regulation is to ensure that the identity of third-country nationals subject to screening, but also any health and security risks, are quickly established and that all third-country nationals entering the EU without fulfilling the entry conditions are swiftly referred to the correct procedure applicable to them.

A third-country national subject to screening may be referred to one of the following two procedures:

• the asylum procedure
• return to their country of origin

Screening should be carried out near the external borders over a maximum period of 7 days and will apply to persons who, while not fulfilling the conditions for entry into the EU:

• cross an external border by land, sea or air
• are brought ashore in search and rescue operations at sea
• are apprehended within the territory if they have initially eluded controls at the external borders (exceptionally, in this situation the screening should be carried out in 3 days)

The screening will include:

identification or verification of identity

health and vulnerability checks

security checks, fingerprints and registration in the Eurodac database

At the end of the screening, all people concerned will be directed to the relevant procedure: 

• asylum or
• return

Monitoring mechanism

An independent monitoring mechanism, is to be set up by each member state, to ensure that fundamental rights are complied with throughout.

The mechanism will also be used for monitoring compliance with the principle of non-refoulement (forbids a country receiving asylum seekers from returning them to a country in which they would be in probable danger of persecution) and with national rules on detention where these are applied during the screening.

Work on the migration and asylum pact

On 22 June 2022, the Council approved a mandate for negotiations with the European Parliament on the proposal. On 20 December 2023, the Council and the European Parliament reached a deal on the screening regulation outlining the relevant procedure to be followed, as well as many other files in the migration and asylum pact.

On 8 February 2024, EU member states' representatives endorsed the deal reached in December as well as three laws which were agreed between the Council and the Parliament in 2022.

The Council adopted the EU's pact on migration and asylum on 14 May 2024.

• Council approves negotiating mandates on the Eurodac and screening regulation (press release, 22 June 2022)
• The Council and the European Parliament reach breakthrough in reform of EU asylum and migration system (press release, 20 December 2023)
• Asylum and migration reform: EU member states’ representatives green light deal with European Parliament (press release, 8 February 2024)
• Screening regulation, 9 February 2024
• The Council adopts the EU's pact on migration and asylum (press release, 14 May 2024)