Article 18 · Regulation (EU) 2024/1356

Contents

Article 18Completion of the screening#

1.Once the screening is completed or, at the latest, when the time limits set in Article 8 of this Regulation expire, third-country nationals referred to in Article 5(1) of this Regulation who have not made an application for international protection shall be referred to the authorities competent for applying procedures respecting Directive 2008/115/EC, without prejudice to the application of Article 6(5) of Regulation (EU) 2016/399.The form referred to in Article 17 shall be transmitted to the relevant authorities to whom the third-country national is being referred.

2.Third-country nationals referred to in Articles 5 and 7 who have made an application for international protection shall be referred to the authorities competent for registering the application for international protection.The form referred to in Article 17 shall be transmitted to the relevant authorities to whom the third-country national is being referred.

3.Where the third-country national is to be relocated in accordance with Article 67 of Regulation (EU) 2024/1351 or with any other existing mechanism for solidarity, the third-country national concerned shall be referred to the relevant authorities of the Member States concerned together with the form referred to in Article 17 of this Regulation.

4.The third-country nationals referred to in Article 7 of this Regulation who have not made an application for international protection shall continue to be subject to return procedures respecting Directive 2008/115/EC.The form referred to in Article 17 shall be transmitted to the relevant authorities to whom the third-country national is being referred.

5.Where third-country nationals referred to in Article 5(1) and (2) and in Article 7 of this Regulation are referred to the appropriate procedure regarding international protection, to a procedure respecting Directive 2008/115/EC or to the relevant authorities of another Member State concerning third-country nationals to be relocated, the screening ends. Where not all the checks have been completed within the deadlines referred to in Article 8 of this Regulation, the screening shall nevertheless end with regard to that person, who shall be referred to the appropriate procedure.

6.Where, in accordance with national criminal law, a third-country national referred to in Article 5 or 7 of this Regulation is subject to national criminal law procedures, or to an extradition procedure, Member States may decide not to apply the screening. If the screening had already started, the form referred to in Article 17 of this Regulation shall be sent, with an indication of circumstances that ended the screening, to the authorities competent for the procedures respecting Directive 2008/115/EC, or, if the third-country national has made an application for international protection, the authorities competent under national law for registering applications for international protection.

7.The personal data stored pursuant to this Regulation shall be deleted in accordance with the timelines set out in Regulation (EU) 2024/1358.