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1. Following the screening carried out in accordance with Regulation (EU) 2024/1356, where applicable and provided that the applicant has not yet been authorised to enter Member States’ territory, a Member State may, in accordance with the basic principles and guarantees of Chapter II, examine an application in a border procedure where that application has been made by a third-country national or stateless person who does not fulfil the conditions for entry to the territory of a Member State as set out in Article 6 of Regulation (EU) 2016/399. The border procedure may take place:

(a) following an application made at an external border crossing point or in a transit zone;

(b) following apprehension in connection with an unauthorised crossing of the external border;

(c) following disembarkation in the territory of a Member State after a search and rescue operation;

(d) following relocation in accordance with Article 67(11) of Regulation (EU) 2024/1351.

2. Applicants subject to the border procedure shall not be authorised to enter the territory of a Member State, without prejudice to Article 51(2) and Article 53(2). Any measure taken by Member States to prevent unauthorised entry to their territory shall be in accordance with Directive (EU) 2024/1346.

3. By way of derogation from Article 51(2), first subparagraph, last sentence, the applicant shall not be authorised to enter the Member State’s territory where:

(a) the applicant has no right to remain on the territory of a Member State in accordance with Article 10(4), point (a) or (c);

(b) the applicant has no right to remain on the territory of a Member State in accordance with Article 68 and has not requested to be allowed to remain for the purposes of an appeal procedure within the applicable time limit;

(c) the applicant has no right to remain on the territory of a Member State in accordance with Article 68 and a court or tribunal has decided that the applicant is not to be allowed to remain pending the outcome of an appeal procedure. In the cases referred to in the first subparagraph of this paragraph, where the applicant has been subject to a return decision issued in accordance with the Directive 2008/115/EC or has been refused entry in accordance with Article 14 of Regulation (EU) 2016/399, Article 4 of Regulation (EU) 2024/1349 shall apply.

4. Without prejudice and complementary to the monitoring mechanism laid down in Article 14 of Regulation (EU) 2021/2303, each Member State shall provide for a monitoring of fundamental rights mechanism in relation to the border procedure that meets the criteria set out in Article 10 of Regulation (EU) 2024/1356.