EU Border Guard Trilogue

 

Proposal for a Regulation of the European Parliament and of the Council on the European Border and Coast Guard and repealing Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC

Proposal for aRegulation of the European Parliament and of the Councilon the European Border and

Coast Guard and repealing Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC

Proposal for a Regulation of the European Parliament and of the Council on the European Border and Coast Guard and repealing Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC

Proposal for a Regulation of the European Parliament and of the Council on the European Border and Coast Guard and repealing Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/ECand amending Regulation (EU) 2016/399.

COMMISSION PROPOSAL

COUNCIL POSITION

LIBE AMENDMENTS

COMPROMISE

The European Parliament and the Council of the European Union, Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 77(2)(b) and (d) and Article 79(2)(c) thereof,

 

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee,1

Having regard to the opinion of the Committee of Regions,2

The European Parliament and the Councilof the European Union, Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 77(2)(b)

and (d) and (e) and Article 79(2)(c) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee,3

Having regard to the opinion of the Committee of Regions,4

The European Parliament and the Council of the European Union, Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 77(2)(b) and (d) and Article 79(2)(c) thereof,

 

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee,5

Having regard to the opinion of the Committee of Regions,1

The European Parliament and the Council of the European Union, Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 77(2)(b) and (d) and Article 79(2)(c) thereof,

 

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee,2

Having regard to the opinion of the Committee of Regions,3

 

 

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OJ C , , p. .

OJ C , , p. .

OJ C , , p. .

OJ C , , p. .

OJ C , , p. .

 

Acting in accordance with the ordinary legislative procedure, Whereas:

Acting in accordance with the ordinary legislative procedure, Whereas:

Acting in accordance with the ordinary legislative procedure, Whereas:

Acting in accordance with the ordinary legislative procedure, Whereas:

(1) On 25 and 26 June 2015,4 the

European Council called for wider efforts in resolving the migrant crisis in a comprehensive manner, including through the reinforcement of the management of borders to better manage growing mixed migratory flows. Furthermore, on 23 September 2015,5 the European

Council stressed the need to tackle the dramatic situation at the external borders as well as to strengthen the controls at those borders, notably through additional resources for the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, the European Asylum Support Office and Europol, with human resources and technical contributions from Member States.

(1) On 25 and 26 June 2015,6 the

European Council called for wider efforts in resolving the migrant crisis in a comprehensive manner, including through the reinforcement of the management of borders to better manage growing mixed migratory flows. Furthermore, on 23 September 2015,7 the European

Council stressed the need to tackle the dramatic situation at the external borders as well as to strengthen the controls at those borders, notably through additional resources for the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, the European Asylum Support Office and Europol, with human resources and technical contributions from Member States.

(1) On 25 and 26 June 2015,12 the

European Council called for wider efforts in resolving the m igrant

crisis unprecedented migratory flows in a comprehensive manner, including through the reinforcement of the management of borders to better manage growing mixed migratory flows. Furthermore, on 23

September 2015,13 the European

Council stressed the need to tackle the dramatic situation at the external borders as well as to strengthen the controls at those borders, notably through additional resources for the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, the European Asylum Support Office and Europol, with human resources and technical contributions from Member States.

(1) On 25 and 26 June 2015,12 the

European Council called for wider efforts in resolving the m igrant

crisis unprecedented migratory flows in a comprehensive manner, including through the reinforcement of the management of borders to better manage growing mixed migratory flows. Furthermore, on 23

September 2015,13 the European

Council stressed the need to tackle the dramatic situation at the external borders as well as to strengthen the controls at those borders, notably through additional resources for the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, the European Asylum Support Office and Europol, with human resources and technical contributions from Member States.

 

 

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OJ C , , p. .

OJ C , , p. .

OJ C , , p. .

Meeting of the European Council, Conclusions of 25 and 26 June 2015.

Informal meeting of EU Heads of State or Government on migration, Statement of 23 September 2015.

Meeting of the European Council, Conclusions of 25 and 26 June 2015.

Informal meeting of EU Heads of State or Government on migration, Statement of 23 September 2015.

 

   

 

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12 Meeting of the European

Council, Conclusions of 25 and 26

June 2015.

 
   

13 Informal meeting of EU Heads

of State or Government on migration, Statement of 23 September 2015.

 

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(2) The objective of Union policy in the field of external border management is to develop and implement European integrated border management at national and Union level, which is a necessary corollary to the free movement of persons within the Union and is a fundamental component of an area of freedom, security and justice. European integrated border management is central to improving migration management and ensuring a high level of internal security within the Union.

(2) The objective of Union policy in the field of external border management is to develop and implement European integrated border management at national and Union level, which is a necessary corollary to the free movement of persons within the Union and is a fundamental component of an area of freedom, security and justice. European integrated border management is central to improving migration management and ensuring a high level of internal security within the Union.

(2) The objective of Union policy in the field of external border management is to develop and implement European integrated border management at national and Union level, which is a necessary corollary to the free movement of persons within the Union and is a fundamental component of an area of freedom, security and justice.

European int e gr ated bord er

mana gement is cent ral to improving

migration mana gement a nd , with a viewto monitoring efficiently the crossing of the external borders and to addressing migratory challenges and potential future threats at those borders, thereby contributing to addressing serious crime with a cross-border dimension and to ensuring a high level of internal security within the Union, in full respect for fundamental rights, while safeguarding the free movement of persons therein.

(2) The objective of Union policy in the field of external border management is to develop and implement European integrated border management at national and Union level, which is a necessary corollary to the free movement of persons within the Union and is a fundamental component of an area of freedom, security and justice. European integrated border management is central to improving migration management a nd, with a viewto managing efficiently the crossing of the external borders, including addressing migratory challenges and potential future threats at those borders, thereby contributing to addressing serious crime with a cross-border dimension and toensuring a high level of internal security within the Union, in full respect for fundamental rights, while safeguarding the free movement of persons therein.

(3) European integrated border management, based on the four-tier access model, comprises measures in third countries, such as under the common visa policy, measures with neighbouring third countries, border control measures at the external border itself as well as risk analysis, and measures within the area of free

(3) European integrated border management, based on the four-tier access model, comprises measures in third countries, such as under the common visa policy, measures with neighbouring third countries, border control measures at the external border itself as well as risk analysis,

and measures within the S chengen

(3) European integrated border management, based on the four-tier access model, comprises measures in third countries, such as under the common visa policy, measures with neighbouring third countries, border control measures at the external border itself as well as risk analysis, and measures within the area of free

(3) European integrated border management, based on the four-tier access model, comprises measures in third countries, such as under the common visa policy, measures with neighbouring third countries, border control measures at the external border itself as well as risk analysis,

and measures within the S chengen

 

movement, including return.

area and eturn of f ree mo vement ,

including retu rn.

movement, including return.

area and eturn of f ree mo vement ,

including retu rn.

   

(3a) When implementing European integrated border management, coherence with other policy objectives should be ensured including the proper functioning of cross-border transport.

(3a) When implementing European integrated border management, coherence with other policy objectives should be ensured including the proper functioning of cross-border transport.

 

(4) To ensure the effective implementation of the European integrated border management, a European Border and Coast Guard should be established. The European Border and Coast Guard, which comprises the European Border and Coast Guard Agency and national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, relies upon the common use of information, capabilities and systems at national level and the response of the European Border and Coast Guard Agency at Union level.

(4) To ensure the effective implementation of the European integrated border management, a European Border and Co ast Guard should be established. The European Border and Coast Guard, which comprises the European Border and

Coast Guard Agency and national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, relies upon the common use of information, capabilities and systems at national level and the response of the European Border and Co ast Guard Agency at Union level.

(4) To ensure the effective implementation of the European integrated border management, a European Border and Coast Guard should be establishedand should be provided with the requisite financial and human resources and equipment. The European Border and Coast Guard, which comprises the European Border and Coast Guard Agency and national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, relies upon the common use of information, capabilities and systems at national level and the response of the European Border and Coast Guard Agency at Union level.

(4) To ensure the effective implementation of the European integrated border management, a European Borderand CoastGuard should be establishedand should be provided with the requisite financial and human resources and equipment. The European Border and CoastGuard, which comprises the European Borderand

CoastGuard Agency and national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, relies upon the common use of information, capabilities and systems at national level and the response of the European Borderand CoastGuard Agency at Union level.

(5) European integrated border management is a shared responsibility of the European Border and Coast Guard Agency and the national authorities responsible for border management, including coast guards to the extent that they carry out border control tasks. While Member States retain the primary responsibility for the management of their section of the external borders in their interest and in the interest of all Member States which have abolished internal border control, the

(5) European integrated border management shall be im plemented

asis a shared responsibility by of the European Border and Co ast Guard Agency and the national authorities responsible for border management, including coast guards to the extent that they carry out border control tasks. While Member States retain the primary responsibility for the management of their sect ion of the external borders in their interest and in the interest of all Member States

which have abolish ed int ernal bord er

(5) European integrated border management is a shared responsibility of the European Border and Coast Guard Agency and the national authorities responsible for border management, including coast guards to the extent that they carry outmaritime border surveillance operations and any otherborder control tasks. While Member States retain the primary responsibility for the management of their section of the external borders in their interest and in the interest of

(5) European integrated border management shoul d be i mpl emented

asis a shared responsibility by the European Borderand CoastGuard Agency and the national authorities responsible for border management, including coast guards to the extent that they carry outmaritime border surveillance operations and any otherborder control tasks. While Member States retain the primary responsibility for the management of their external borders in their interest and in the interest of all Member

 

European Border and Coast Guard Agency should ensure the application of Union measures relating to the management of the external borders by reinforcing, assessing and coordinating the actions of Member States which implement those measures.

control, the European Borderand

Coast Guard Agency should support

ensure the application of Union measures relating to the management of the external borders by reinforcing, assessing and coordinating the actions of Member States which implement those measures.

all Member States which have abolished internal border control, the European Border and Coast Guard Agency should ensure the application of Union measures relating to the management of the external borders by reinforcing, assessing and coordinating the actions of Member States which implement those measures.The Commission should present a legislative proposal for a European integrated border management strategy setting out general guidelines, the objectives to be met and the key actions to be taken in order to establish a fully functioning European integrated border management system.

States, the European Borderand CoastGuard Agency should support the application of Union measures relating to the management of the external borders by reinforcing, assessing and coordinating the actions of Member States which implement those measures.

 

(5a) The Europe an int e grat ed

border man a gement does not alter the

respective competenc es o f

Commiss ion and Member States in

the customs area, in p arti cular

re gardin g controls, risk mana gement

and ex chan ge of info rma tion.

 

(5a) The European integrated

border management does not alter the respective competences of Commission and Member States in the customs area, in particular regarding controls, risk management and exchange of information.

(6) The development of the policy and legislation on external border control and return remains a responsibility of the Union institutions. Close coordination between the European Border and Coast Guard Agency and those institutions should be guaranteed.

(6) The development of the policy and legislation on external border control and return remains a responsibility of the Union institutions. Close coordination between the European Border and

Coast Guard Agency and those institutions should be guaranteed.

(6) The development of the policy and legislation on external border control and return remains a responsibility of the Union institutions. Close coordination between the European Border and Coast Guard Agency and those institutions should be guaranteed.

(6) The development of the policy and legislation on external border control and return, including the development of a European Integrated Border Management strategy,remains a responsibility of the Union institutions. Close coordination between the European Borderand CoastGuard Agency and

 

     

those institutions should be guaranteed.

(7) The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, commonly referred to as Frontex, was established by Council Regulation (EC) No 2007/2004.1 Since taking up its

responsibilities on 1 May 2005, it has been successful in assisting Member States with implementing the operational aspects of external border management through joint operations and rapid border interventions, as well as risk analysis, information exchange, relations with third countries and the return of third- country nationals illegally staying on the territory of Member States.

(7) The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, commonly referred to as Frontex, was established by Council Regulation (EC) No 2007/2004.2 Since taking up its

responsibilities on 1 May 2005, it has been successful in assisting Member States with implementing the operational aspects of external border management through joint operations and rapid border interventions, as well as risk analysis, information exchange, relations with third countries and the return of third- country nationals illegally staying on the territory of Member States.

(7) The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, commonly referred to as Frontex, was established by

Council Regulation (EC) No 2007/2004. 14 Since taking up its responsibilities on 1 May 2005, it has been successful in assisting Member States with implementing the operational aspects of external border

management through joint operations and rapid border interventions, as well as risk analysis, information exchange, relations with third countries and the return of third- country nationals illegally staying on the territory of Member Stateswho are the subject of a return decision issued by a Member State in accordance with Directive

2008/115/EC of the European Parliament and of the Council14a.

(7) The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, commonly referred to as Frontex, was established by

Council Regulation (EC) No 2007/2004. 14 Since taking up its responsibilities on 1 May 2005, it has been successful in assisting Member States with implementing the operational aspects of external border

management through joint operations and rapid border interventions, as well as risk analysis, information exchange, relations with third countries and the return of third- country nationals illegally sta yin g on

the territ or y of Memb er States who are the subject of a return decision issued by a Member State.

(8) Having regard to the increasing migratory pressures at the external borders, to the necessity of ensuring

(8) Having regard to the increasing migratory pressures at the external borders, to the necessity of ensuring

(8) Having re ga rd to the incr easing

migrator y p ressur es It is necessary to monitor the crossing of the external

(8) Having re ga rd to the incr easing

migrator y p ressur es It is necessary to monitor the crossing of the external

 

 

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Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (OJ L 349, 25.11.2004, p. 1).

Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (OJ L 349, 25.11.2004, p. 1).

 

a high level of internal security within the Union and to safeguard the functioning of the Schengen area as well as the overarching principle of solidarity, it is necessary to reinforce the management of the external borders by building on the work of Frontex and further develop it into an Agency with a shared responsibility for the management of the external borders.

a high level of internal security within the Union and to safeguard the functioning of the Schengen area as well as the overarching principle of solidarity, it is necessary to reinforce the management of the external borders by building on the work of Frontex and further develop it into an Agency with a shared

responsibility for the imp lementation

of the EU int e grat ed bord er

mana gement. man a gemen t of the

ex ternal borders.

borders efficiently, address migratory challenges and potential future threatsat the external borders,

to the necessit y of ensuri ngensurea high level of internal security within the Unionand to ,safeguard the functioning of the Schengen area as

well as and respectthe overarching principle of solidarity. In light of this, it is necessary to reinforce the management of the external borders by building on the work of Frontex and further d evelop developingit into an Agency with a shared responsibility for the management of the external borders.

borders efficiently, address migratory challenges and potential future threatsat the external borders,

to the necessit y of ensuri ngensurea high level of internal security within the Unionand to ,safeguard the functioning of the Schengen area as

well as and respectthe overarching principle of solidarity. In light of this, it is necessary to reinforce the management of the external borders by building on the work of Frontex and further d evelop developingit into an Agency with a shared responsibility for the management of the external borders.

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(9) The tasks of Frontex should therefore be expanded and to reflect those changes, it should be renamed European Border and Coast Guard Agency. The key role of the European Border and Coast Guard Agency should be to establish an operational and technical strategy for the implementation of an integrated border management at Union level, to oversee the effective functioning of border control at the external borders, to provide increased operational and technical assistance to Member States through joint operations and rapid border interventions, and to ensure the practical execution of measures in case of a situation requiring urgent action at the external borders, as well as to organise, coordinate and conduct return operations and return interventions.

(9) The tasks of Frontex The

European A genc y for the

Mana gement of Oper ational

Cooperation at the Ex ternal Bord ers

of the Member States of t he

European Union should therefore be expanded and to reflect those changes, it should be renamed European Border and Co ast Guard Agency,to be refered to as Frontex . The key role of the European Border

and Coast Guard Agency should be to establish an operational and technical strategy for the implementation of an integrated border management at Union level, to oversee the effective functioning of border control at the external borders, to provide increased operational and technical assistance to Member States through joint operations and rapid border interventions, and to ensure the practical execution of measures in case of a situation requiring urgent action at the external borders, as well as to organise, coordinate and conduct return operations and return interventions.

(9) The tasks of Frontex should therefore be expanded and to reflect those changes, it should be renamed European Border and Coast Guard Agency(the Agency). The key role of the Europe an Bo rder a nd Coast

GuardAgency should be to establish an operational and technical strategy for the implementation of an integrated border management at Union level, to oversee the effective functioning of border control at the external borders, to provide increased operational and technical assistance

to Member States through joint operations and rapid border interventions, and to ensure the practical execution of measures in case of a situation requiring urgent action at the external bordersand technical and operational assistance to Member States and third countries in the context of search and rescue operations for persons in distress at sea, as well as to organise, coordinate and conduct return operations and return interventions.

9) The tasks of The Eu rope an

Agenc y fo r the Man a ge ment of

Operational Cooper ation at the

Ex ternal Borders o f the Member

States of the Europe an U nion should therefore be expanded and to reflect those changes, while rem aini ng the

same le gal pe rsonalit y, w ith full

continuit y in all its activities and

procedur es, i t should be renamed European Border and Coast Guard Agency(the Agency),to be referred

to as Frontex . The key role of the

European Bord er and Co ast

GuardAgency should be to establish an operational and technical strategy for the implementation of an integrated border management at Union level, to oversee the effective functioning of border control at the external borders, to provide increased operational and technical assistance

to Member States through joint operations and rapid border interventions, and to ensure the practical execution of measures in case of a situation requiring urgent action at the external bordersand technical and operational assistance in the support of search and rescue operations for persons in distress at sea, as well as to organise,

coordinate and conduct return operations and return interventions.

 

 

(9a) The A genc y sh all car r y o ut its

tasks without prejudi ce to the

responsi bilit ies of the Member States

with regard to the mainte nance of

law and orde r and the s af egu ardin g

of internal secu rit y.

(9a) Given its activity at the external borders, the Agency should contribute to preventing and detecting serious crime with a cross- border dimension, such as the criminal smuggling of persons, trafficking in human beings and terrorism, where it is appropriate for it to act and where it has obtained relevant information through its activities. It should coordinate its activities with Europol as the agency responsible for supporting and strengthening Member States’ actions and their cooperation in preventing and combating serious crime affecting two or more

Member States.

(9a) The A genc y shoul d car r y out

its tasks without prejudi ce to the

responsi bilit ies of the Member States

with regard to the mainte nance of

law and orde r and the s af egu ardin g

of internal secu rit y.

 

(9a1) The a gen c y shall ca rr y o ut its

tasks without prejudi ce to the

competenc e of the Memb er States

with regard to de fense.

(9b) The Agency should carry out its tasks without prejudice to the competence of the Member States with regard to defence.

(9b) The Agency should carry out its tasks without prejudice to the competence of the Member States with regard to defence.

   

(9c) The extended tasks and competence of the Agency should be balanced with strengthened fundamental rights safeguards and increased accountability.

(9c) The extended tasks and competence of the Agency should be balanced with strengthened fundamental rights safeguards and increased accountability.

 

(9b) Member States ma y cont inue

cooperation at an oper ational level

with other Member S tate s and/or

thi rd countries at ex terna l borders,

including militar y op erati ons with a

law enfor cement purpos e , to the

ex tent this cooperation is compatible

 

(9d) Member States ma y cont inue

cooperation at an oper ational level

with other Member S tate s and/or

thi rd countries at ex terna l borders,

including militar y op erati ons with a

law enfor cement purpos e , to the

ex tent this cooperation is compatible

 

 

with the action of the A genc y.

 

with the action of the A genc y.

(10) The European Border and Coast Guard Agency relies on the cooperation of Member States to be able to perform its tasks effectively. In this respect, it is important for the Agency and the Member States to act in good faith and to have a timely

and accurate exchange of information.

(10) The European Border an d

Coast Guard Agency relies on the cooperation of Member States to be able to perform its tasks effectively. In this respect, it is important for the Agency and the Member States to act in good faith and to have a timely

and accurate exchange of information. No Member State shall

be obliged to suppl y info rmation the

disclosure of which it co nsiders

contrar y to the essential int erests of

its securit y.

(10) The European Border and Coast Guard Agency relies on the cooperation of Member States to be able to perform its tasks effectively. In this respect, it is important for the Agency and the Member States to act in good faith and to have a timely

and accurate exchange of information.

(10) The European Border and Coast Guard Agency relies on the cooperation of Member States to be able to perform its tasks effectively. In this respect, it is important for the Agency and the Member States to act in good faith and to have a timely

and accurate exchange of information. No Member State

shoul d be obliged to sup pl y

information the disclosure of which it

considers contr ar y to the essential

int erests of its securit y.

     

(10a) Member States should also, in their own interests and in the interests of other Member States, enter data into the European databases and ensure that the data are accurate, up-to-date and obtained and entered lawfully.

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(11) The European Border and Coast Guard Agency should prepare general and tailored risk analysis based on a common integrated risk analysis model, to be applied by the Agency itself and by Member States. The European Border and Coast Guard Agency should, based also on information provided by Member States, provide adequate information and intelligence covering all aspects relevant to European integrated border management, especially border control, return, irregular secondary movements of third- country nationals within the Union, prevention of cross-border crime including facilitation of irregular immigration, trafficking in human beings and terrorism, as well as the situation at neighbouring third countries, so as to allow for appropriate measures to be taken or to tackle identified threats and risks with a view to improving the integrated management of external borders.

(11) The European Border an d

Coast Guard Agency should prepare general and tailored risk analysis based on a common integrated risk analysis model, to be applied by the Agency itself and by Member States. The European Border an d Coast Guard Agency should, based also on information provided by Member States, provide adequate information

and int elligen ce covering all aspects relevant to European integrated border management, especially border control, return, irregular secondary movements of third- country nationals within the Union, prevention of cross-border crime including facilitation of irregular immigration, trafficking in human beings an d, terrorism and threatsof

h ybrid natu re as well as the situation at neighbouring third countries, so as to allow for appropriate measures to be taken or to tackle identified threats and risks with a view to improving the integrated management of external borders.

(11) The Europe an Bo rder an d

Coast GuardAgency should prepare general and tailored risk analysis based on a common integrated risk analysis model, to be applied by the Agency itself and by Member States. The Europe an Bo rder an d Coast

Guard Agency should, based also on information provided by Member States, provide adequate information and intelligence covering all aspects relevant to European integrated border management, esp eciall y

border control, return, irr egul ar

secondar y mov ements of t hird-

countr y n ationals within the Union,

prevention of c ross -bord er crime

including facilitation of irre gular

immigration, traf ficking i n human

beings an d terro rism, as well as the situation at neighbouring third countries, so as to allow for appropriate measures to be taken or to tackle identified threats and risks with a view to improving the integrated management ofthe external borders.

(11) The Europe an Bo rder an d

Coast GuardAgency should prepare general and tailored risk analysis based on a common integrated risk analysis model, to be applied by the Agency itself and by Member States. The Europe an Bo rder an d Coast

GuardAgency should, based also on information provided by Member States, provide adequate information

and int elligen ce covering all aspects relevant to European integrated border management, especially border control, return, irregular secondary movements of third- country nationals within the Union, prevention of cross-border crime including facilitation of unauthorised border crossing,trafficking in human beings

and, terrorism and thr eats of h yb rid

nature as well as the situation at neighbouring third countries, so as to allow for appropriate measures to be taken or to tackle identified threats and risks with a view to improving the integrated management ofthe external borders.

 

(11a) Cross-border crimes necessarily entail a cross-border

dimension. Such a cross- border

dimension is characte rise d b y c rimes

linked to theillegal y c rossing the

ex ternal border, includi n g tra ffickin g

 

(11a)Given its activity at the external borders, the Agency should contribute to preventing and

detecting serious crime with a cross- border dimension, such as the migrant smuggling, trafficking in

 

 

in human beings or smu gglin g of

migrants, wh ere the re is a direct link

with the crossing o f the e x ternal

border.

 

human beings and terrorism, where it is appropriate for it to act and where it has obtained relevant information through its activities. It should coordinate its activities with Europol as the agency responsible for supporting and strengthening Member States’ actions and their cooperation in preventing and combating serious crime affecting two or more Member States.

Cross-border crimes ne ce ssaril y

entail a cross-bo rder dim ension. Such

a cross-bo rder dimension is

characterised b y crimes l inked to

theill egall y c rossing the ex ternal

border, includin g tra ffick ing in

human beings o r smuggli ng of

migrants, wh ere the re is a direct link

with the crossing o f the e x ternal

border notwithst anding t he

provisions of arti cle 1(2) of Council

Directive 2002/90/EC w hich allow

Member States not to im pose

sanctions wher e the aim of

thebehaviour is to provid e

humanitarian assist anc e to migrants.

(12) In a spirit of shared responsibility, the role of the European Border and Coast Guard Agency should be to regularly monitor the management of the external borders. The Agency should

(12) In a spirit of shared responsibility, the role of the European Border an d Co ast Guard Agency should be to regularly monitor the management of the external borders. The Agency should

(12) In a spirit of shared responsibility, the role of the

European Bord er and Co ast Guard Agency should be to regularly monitor the management of the external borders. The Agency should

(12) In a spirit of shared responsibility, the role of the

European Bord er and Co ast Guard Agency should be to regularly monitor the management of the external borders. The Agency should

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ensure proper and effective monitoring not only through risk analysis, information exchange and Eurosur, but also through presence of experts from its own staff in Member States. The Agency should therefore be able to deploy liaison officers to specific Member States for a period of time during which the liaison officer reports to the Executive Director. The report of the liaison officers should form part of the vulnerability assessment.

ensure proper and effective monitoring not only through risk analysis, information exchange and Eurosur, but also through presence of experts from its own staff in Member States. The Agency should therefore be able to deploy liaison officers to specific Member States for a period of time during which the liaison officer reports to the Executive Director. The report of the liaison officers should form part of the vulnerability assessment.

ensure proper and effective monitoring not only through risk analysis, information exchange and Eurosur, but also through presence of experts from its own staff in Member States. The Agency should therefore be able to deploy liaison officers to

specificallMember States for a period of time during which the liaison officer reports to the Executive Director. The report of the liaison officers should form part of the vulnerability assessment.

ensure proper and effective monitoring not only through risk analysis, information exchange and Eurosur, but also through presence of experts from its own staff in Member States. The Agency should therefore be able to deploy liaison officers to

specific all Member States for a period of time during which the liaison officer reports to the Executive Director. The report of the liaison officers should form part of the vulnerability assessment.

(13) The European Border and Coast Guard Agency should carry out a vulnerability assessment to assess the capacity of the Member States to face challenges at their external borders, including by assessing the equipment and resources of Member States as well as their contingency plans to address possible crises at the external borders. Member States should take corrective action to address any deficiencies identified in that assessment. The Executive Director, on the advice of a Supervisory Board created within the European Border and Coast Guard Agency, should identify the measures to be taken by the Member State concerned and should set a time-limit within which

those measures should be taken. That

(13) The European Border an d

Coast Guard Agency should carry out a vulnerability assessment to assess the capacity and r e adiness of the Member States to face challenges

at their external borders, including by assessing the equipment and resources of Member States as well

as their contingency plans to address possible crises at the external borders. Member States should take

corre ct ive a cti on measure to address any deficiencies identified in that assessment. The Executive Director,

on the advice of a S uperv isor y Board

creat ed within the Europ ean Bo rder

and Coast Guard A genc y, should identify the measures to be taken and

recommend them to b y the Member State concerned and should set a time-limit within which those

(13) The Europe an Bo rder an d

Coast Guard Agency should carry out a vulnerability assessment, based on objective criteria,to assess the capacity of the Member States to

face challenges at their external borders, including by assessing the equipment, infrastructure, staff, budgetandfinancialresources of Member States as well as their contingency plans to address possible crises at the external borders.

Member States should take corrective action to address any deficiencies identified in that assessment. The Executive Director, on the advice of a

Supervisor yanAdvisoryBoard created within the Europ ean Bo rder

and Coast Guard Agency, should identify the measures to be taken by

(13) The Europe an Bo rder an d

Coast Guard Agency should carry out a vulnerability assessment, based on objective criteria,to assess the capacity and re adiness of the Member States to face challenges at their external borders, including by assessing the equipment, infrastructure, staff, budgetand financialresources of Member

States as well as their contingency plans to address possible crises at the external borders. Member States should take corr ective

actionmeasures to address any deficiencies identified in that assessment. The Executive Director,

on the advice of a Superv isor y Board

creat ed within the Europ ean Bo rder

and Coast Guard A genc y, should identify the measures to be taken and

 

decision should be binding on that Member State and where the necessary measures are not taken within the set time-limit, the matter needs to be referred to the Management Board for a further decision.

measures should be taken. That

decision shoul d be binding on that

Member State and Where the necessary measures are not taken within the set time-limit, the matter needs to be referred to the Management Board for a further decision.

the Member State concerned and should set a time-limit within which those measures should be taken. That decision should be binding on that Member State and where the necessary measures are not taken within the set time-limit, the matter needs to be referred to the Management Board for a further

decisionand to the Commission.

recommend them to b y the Member State concerned and should set a time-limit within which those measures should be taken. That

decision shoul d be binding on that

Member State and Where the necessary measures are not taken within the set time-limit, the matter needs to be referred to the Management Board for a further decision.

   

(13a) The vulnerability assessment should be a preventive measure carried out by the Agency on a continuous basis, complementing the Schengen evaluation and monitoring mechanism set up pursuant to Council Regulation

(EU) No 1053/20131a. The

information obtained during the vulnerability assessment should also be used for the purposes of that mechanism, in particular when deciding on the multiannual and the annual evaluation programme.

deleted

   

 

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(13b) If the Agency is not provided with accurate and speedy information necessary for carrying out a vulnerability assessment, it may take that fact into account when performing the vulnerability assessment, unless duly justified reasons are provided for withholding the data.

 

       

(14) The European Border and Coast Guard Agency should organise the appropriate technical and operational assistance to Member States so as to reinforce their

capacity to implement their obligations with regard to the control of the external borders, and to face challenges at the external border resulting from irregular immigration or cross-border crime. In this respect, the European Border and Coast Guard Agency should, at the request of a Member State or on its own initiative, organise and coordinate joint operations for one or more Member States and deploy European Border and Coast Guard Teams as well as the necessary technical

equipment, and it may deploy experts from its own staff.

(14) The European Border an d

Coast Guard Agency should organise the appropriate technical and operational assistance to Member States so as to reinforce their

capacity to implement their obligations with regard to the control of the external borders, and to face challenges at the external border resulting from irregular immigration or cross-border crime wit hout

prejudi ce to the national responsi ble

aut horities competence to initiate

criminal investi gations. In this respect, the European Border and

Coast Guard Agency should, at the request of a Member State or on its own initiative, organise and coordinate joint operations for one or more Member States and deploy European Border and Co ast Guard Teams as well as the necessary technical equipment, and it may deploy experts from its own staff.

(14) The Europe an Bo rder an d

Coast Guard Agency should organise the appropriate technical and operational assistance to Member States so as to reinforce their

capacity to implement their obligations with regard to the control of the external borders, and to face challenges at the external border resulting from irregular

immigration migrationor cross- border crime. In this respect, the

European Bord er and Co ast Guard Agency should, at the request of a Member State or on its own initiative, organise and coordinate joint operations for one or more Member States and deploy European Border and Coast Guard Teams as well as the necessary technical

equipment, and it may deploy experts from its own staff.

(14) The Europe an Bo rder an d

Coast Guard Agency should organise the appropriate technical and operational assistance to Member States so as to reinforce their

capacity to implement their obligations with regard to the control of the external borders, and to face challenges at the external border resulting fromillegalimmigrationor cross-border crime without prejudi ce

to the national responsi ble aut horities’

compet encto ini tiate criminal

investi gations. In this respect, the

European Bord er and Co ast

GuardAgency should, at the request of a Member State or on its own initiative, organise and coordinate joint operations for one or more Member States and deploy European Border and CoastGuard Teams as well as the necessary technical equipment, and it may deploy experts from its own staff.

(15) In cases where there is a specific and disproportionate pressure at the external borders, the European Border and Coast Guard Agency should, at the request of a Member State or on its own initiative, organise and coordinate

rapid border interventions and deploy European Border and Coast Guard

(15) In cases where there is a specific and disproportionate pressure at the external borders, the European Border and Co ast Guard Agency should, at the request of a Member State or on its own initiative, organise and coordinate

rapid border interventions and deploy European Border and Co ast Guard

(15) In cases where there is a specific and disproportionate pressure at the external borders, the

European Bord er and Co ast Guard Agency should, at the request of a Member State or on its own initiative, organise and coordinate

rapid border interventions and deploy European Border and Coast Guard

(15) In cases where there is a specific and disproportionate pressure at the external borders, the

European Bord er and Co ast Guard Agency should, at the request of a Member State or on its own initiative, organise and coordinate

rapid border interventions and deploy European Borderand CoastGuard

 

Teams from a rapid reserve pool as well as technical equipment. Rapid border interventions should provide reinforcement in situations where immediate response is required and where such an intervention would provide an effective response. To ensure the effective operation of such intervention, Member States should make border guards and other relevant staff available to the rapid reserve pool.

Teams from a rapid reserve pool as well as technical equipment. Rapid border interventions should provide reinforcementfor a limi ted period of

time in situations where immediate response is required and where such an intervention would provide an effective response. To ensure the effective operation of such intervention, Member States should make border guards and other relevant staff available to the rapid reserve pool.

Teams from a rapid r eser ve reaction pool as well as technical equipment. Rapid border interventions should provide reinforcement in situations where immediate response is required and where such an intervention would provide an effective response. To ensure the effective operation of such intervention, Member States should make border guards and other relevant staff available to the rapid

reserv ereactionpoolandprovide the necessary technical equipment. The Agency and the Member State concerned should agree upon an operational plan.

Teams from a rapid r eser ve reaction pool as well as technical equipment. Rapid border interventions should provide reinforcementfor a limited

period of time in situations where immediate response is required and where such an intervention would provide an effective response. To ensure the effective operation of such intervention, Member States should make border guards and other relevant staff available to the rapid

reserv ereactionpoolandprovide the necessary technical equipment. The Agency and the Member State concerned should agree upon an operational plan.

 

(16) At particular areas of the external borders where Member States face disproportionate migratory pressures characterised by large influxes of mixed migratory flows, referred to as hotspot areas, the Member States should be able to rely on the increased operational and technical reinforcement by the

migration management support teams composed of teams of experts deployed from Member States by the European Border and Coast Guard Agency and the European Asylum Support Office, and from Europol or other relevant Union Agencies, as well as experts from the staff of the European Border and Coast Guard Agency. The European Border and Coast Guard Agency should assist

the Commission in the coordination among the different agencies on the ground.

(16) W here a Membe r State f aces

disproportionate migr ato r y p ressur es

at particular areas of its e x ternal

border ch aracterised b y l ar ge

influx es of mix ed migrat or y flows At

particular are as of the ex ternal

borders wh ere M ember S tates fac e

disproportionate migr ato r y p ressur es

characterised b y l ar ge inf lux es of

mix ed migrator y flows, r efer red to as

hotspot areas , the Member States should be able to rely on the increased operational and technical reinforcement in hotspot areas by the migration management support teams composed of teams of experts deployed from Member States by the European Border and Co ast Guard Agency and the European Asylum Support Office, and from Europol or other relevant Union Agencies, as well as experts from the staff of the European Border and Co ast Guard Agency. The European Border and

Coast Guard Agency should assist the Commission in the coordination among the different agencies on the ground.

(16) At particular areas of the

ex ternal borders wh ere Where Member States face disproportionate migratory p ressur es challenges characterised by large influxes of mixed migratory flows, r efer red to as

hotspot areas, the Member States should be able to rely on the increased operational and technical reinforcementin hotspot areasby the migration management support

teams composed of teams of experts deployed from Member States by the

European Bord er and Co ast Guard Agency and the European Asylum Support Office, and from Europol or other relevant Union Agencies, as well as experts from the staff of the

European Bord er and Co ast Guard

Agency. The Europe an Border and

Coast Guard Agency should assist the Commission in the coordination among the different agencies on the ground.

(16) W here a Membe r State f aces

disproportionate migr ato r y

challen ges at p articular a reas of its

ex ternal border ch ar acter ised b y

large influx es of mix ed migrator y

flowsAt particular areas of th e

ex ternal borders wh ere Member

States face dispropo rtionate

migrator y p ressur es cha r acterised b y

large influx es of mix ed migrator y

flows, ref err ed to as hotspot areas , the Member States should be able to rely on the increased operational and technical reinforcement hotspot

areas by the migration management support teams composed of teams of experts deployed from Member States by the Europ ean Border and

Coast GuardAgency and the European Asylum Support Office, and from Europol or other relevant Union Agencies, as well as experts from the staff of the Euro pean

Borde r and Coast Gu ard Agency. The Europe an Bo rder an d Coast

GuardAgency should assist the Commission in the coordination among the different agencies on the ground.

 

     

(16a) Member States should ensure that those other authorities which are likely to receive applications for international protection such as the police, border guards, immigration authorities and personnel of detention facilities

have the relevant information and that their personnel receive the necessary level of training which is appropriate to their tasks and responsibilities and instructions to inform applicants as to where and how applications for international protection may be lodged.

image

 

   

(16a) In hotspot areas the different agencies and Member States should operate within their respective mandates and powers. While the Agency should facilitate the application of Union measures relating to the management of external borders and return, the European Asylum Support Office should help to improve the implementation of the Common European Asylum System and support Member States in asylum- related matters, Europol should provide expertise, strategic and operational analysis relating to cross-border organised crime and dismantling smuggling networks, and Eurojust should support cooperation between national investigating and prosecuting authorities. Member States remain responsible for taking substantive decisions regarding asylum applications and return.

(16b) In hotspot areas the different agencies and Member States should operate within their respective mandates and powers. The Commission, in cooperation with

th e other relevant agencies, sh ould

ensu re the com plian ce of activities

in th e hotspot areas with th e

relevant Union Acqu is, includin g

th e Comm on European Asylum

System and fundam ental righ ts.

(17) In cases where a Member State does not take the necessary corrective action in line with the vulnerability assessment or in the event of disproportionate migratory pressure at the external borders, rendering the control at the external border ineffective to an extent which risks putting in jeopardy the

(17) In cases where a Member State does not take the necessary

corre ctive a cti onmeasures in line with the vulnerability assessment or in the event of disproportionate

migrator y pressure at the external borders wh ere a member state has

not requested the A genc y for

sufficient support or is n ot taking the

(17) In cases where a Member State does not take the necessary corrective action in line with the vulnerability assessment or in the event of disproportionate migratory pressure at the external borders, rendering the control at the external border ineffective to an extent which risks putting in jeopardy the

(17) In cases where a Member State does not take the necessary

corre ctive a ction measure in line with the vulnerability assessment or in the event of disproportionate

migrator y pressure at the external borders wh ere a member state has

not requested the A genc y for

sufficient support or is n ot taking the

image

image

 

functioning of the Schengen area, a unified, rapid and effective response should be delivered at Union level. For this purpose, and to ensure better coordination at Union level, the Commission should identify the measures to be implemented by the European Border and Coast Guard Agency and require the Member

State concerned to cooperate with the Agency in the implementation of those measures. The European

Border and Coast Guard Agency should then determine the actions to be taken for the practical execution of the measures indicated in the Commission decision, and an operational plan should be drawn up with the Member State concerned.

necessa r y actions fo r the

implementation of these measures , rendering the control at the external border ineffective to an extent which risks putting in jeopardy the functioning of the Schengen area, a unified, rapid and effective response should be delivered at Union level. For the is purpose o f mitigatin g these

risks , and to ensure better coordination at Union level, the Commission should identify and

propose to the Council the measures to be implemented by the European Border and Coast Guard Agency and require the Member State concerned to cooperate with the Agency in the implementation of those measures.

The implementing pow er to adopt

such a decisi on shoul d be confer red

on the Council because o f the

potential politicall y-sensi tive nature

of the measur es to be de c ided, often

touching on national ex ecutive and

enforc ement powers. The European Borderand Coast Guard Agency should then determine the actions to be taken for the practical execution of the measures indicated in the

Commiss ion Council decision, and an operational plan should be drawn

up with the Member State concerned.

functioning of the Schengen areaas an area without internal border control,a unified, rapid and effective response should be delivered at Union level. For this purpose, and to ensure better coordination at Union level, the Commission should identify the measures to be

implemented by the Eu ro pean Bo rder

and Coast Guard Agencyand require

the.For the adoption of such measures, taking into account sovereignty-related aspects and the political sensitivity thereof, which touch on national executive and enforcement powers, implementing powers should be conferred on the Council, which should act on a proposal from the Commission. The Member State concernedto should cooperate with the Agency in the implementation of those measures.

The Europe an Bo rder an d Coast

Guard Agency should then determine the actions to be taken for the practical execution of the measures indicated in theCom mission Council decision, and an operational plan should be drawn upagreedwith the Member State concerned.

necessa r y actions fo r the

implementation of these measures , rendering the control at the external border ineffective to an extent which risks putting in jeopardy the functioning of the Schengen area, a unified, rapid and effective response should be delivered at Union level. For the is purpose o f mitigatin g these

risks , and to ensure better coordination at Union level, the Commission should identify and

propose to the Council the measures to be implemented by the European

Borde r and Coast Gu ard Agency and require the Member State concerned to cooperate with the Agency in the implementation of those measures.

The implementing pow er to adopt

such a decisi on shoul d be confer red

on the Council because o f the

potential politicall y-sensi tive nature

of the measur es to be de c ided, often

touching on national ex ecutive and

enforc ement powers. The European Borderand CoastGuard Agency should then determine the actions to be taken for the practical execution of the measures indicated in the

Commiss ion Council decision, and an operational plan should be drawn

up with the Member State concerned.

In case w here a Me mbe r S tate does

not co mply w ith in 30 days w ith

 

     

th is Council d ecisi on and d oes not

cooperate w ith the Age ncy in the

imple mentation of the measu res

contained in this decisi on, the

Co mmission may t rigge r the

application of the sp ecific

procedure w here ex cept ion al

circu mstances put th e o verall

f u nctionin g of the area w ith out

in ternal b order control at risk

provid ed f or in Article 29 of

Regu lation (EU) n. 399/2016.

Theref ore, Regulation ( EU) n.

399/2016 sh ould b e ame n ded

accordingly.

(18) The European Border and Coast Guard Agency should have the necessary equipment and staff at its disposal to be deployed in joint operations or rapid border interventions. To this end, when launching rapid border interventions at the request of a Member State or

in the context of a situation requiring urgent action, the European Border and Coast Guard Agency should be able to deploy European Border and Coast Guard Teams from a rapid reserve pool which should be a standing corps composed of a small percentage of the total number of border guards in the Member States, which should amount to a minimum of 1 500. The deployment of the

(18) The European Borderand Coast Guard Agency should have the necessary equipment and staff at its disposal to be deployed in joint operations or rapid border interventions. To this end, when launching rapid border interventions at the request of a Member State or

in the context of a situation requiring urgent action, the European Border

and Coast Guard Agency should be able to deploy European Border and

Coast Guard Teams from a rapid reserve pool which should be a standing corps composed of a small

percent a ge of th e tot al number of border guards and othe elevant staff in the Member States, which should amount to a minimum of 1 500. The

(18) The Europe an Bo rder an d

Coast Guard Agency should have the necessary equipment and staff at its disposal to be deployed in joint operations or rapid border interventions. To this end, when launching rapid border interventions at the request of a Member State or

in the context of a situation requiring urgent action, the Europ e an Bord er

and Coast Guard Agency should be able to deploy European Border and Coast Guard Teams from a rapid

reserv ereactionpool which should be a standing corps composed of a

small percentage of the total number of border guards in the Member States, which should amount to a minimum of 1 500. The deployment

18) The Europe an Bo rder an d

Coast Guard Agency should have the necessary equipment and staff at its disposal to be deployed in joint operations or rapid border interventions. To this end, when launching rapid border interventions at the request of a Member State or

in the context of a situation requiring urgent action, the Europ e an Bord er

and Coast Guard Agency should be able to deploy European Border and CoastGuard Teams from a rapid

reserv ereactionpool which should be a standing corps composed of a

small percenta ge of the t otal number

of border guards and oth er rel evant

staff in the Member States, which should amount to a minimum of

 

European Border and Coast Guard Teams from the rapid reserve pool should be immediately complemented by additional European Border and Coast Guard Teams as appropriate.

deployment of the European Border

and Coast Guard Teams from the rapid reserve pool should be immediately complemented by additional European Border and

Coast Guard Teams as appropriate.

of the European Border and Coast Guard Teams from the rapid

reserv ereactionpool should be immediately complemented by additional European Border and Coast Guard Teams as ap propriate where necessary.

1 500. The deployment of the European Border and CoastGuard Teams from the rapid

reserv ereactionpool should be immediately complemented by additional European Border and CoastGuard Teams as ap propriate where necessary.

 

 

(18a) Annex 1 sets out the

contributions of Member States to

thi s Rapid Reserve Pool on the basis

of pledges in light of the current

circumstanc es. If those

circumstanc es chan ge su bstantiall y

and structurall y, includin g wh en a

decision on the lifting of controls on

their int ernal borde rs pur suant to the

relevant provisions of the relevant

Acts of Ac cession has be en taken,

the Commission shoul d propose the

appropriate amendments to thi s

Annex.

 

(18a) Annex 1 sets out the

contributions of Member States to

thi srapid Reserve rea ct ion poolon

the basis of pled ges in light of the

current circumstanc es. If thos e

circumstanc es chan ge su bstantiall y

and structurall y, includin g wh en a

decision on the lifting of controls on

their int ernal borde rs pur suant to the

relevant provisions of the relevant

Acts of Ac cession has be en taken,

the Commission shoul d propose the

appropriate amendments to thi s

Annex.

(19) Having regard to the rapidity with which deployment of equipment and staff would need to take place in particular at areas of the external borders facing sudden large influxes of migratory flow, the European Border and Coast Guard Agency should also be able to deploy its own technical equipment which it should acquire itself or in co-ownership with a Member State. That technical equipment should be made available to the Agency upon its request. The European Border and Coast Guard Agency should also manage a pool of technical equipment provided by the Member States, based on the needs identified by the European Border and Coast Guard Agency and which should be completed by the means of

(19) Having regard to the rapidity with which deployment of equipment and staff would need to take place in particular at areas of the external borders facing sudden large influxes of migratory flow, the European Border and Coast Guard Agency should also be able to deploy its own technical equipment which it should acquire itself or in co-ownership with a Member State. That technical equipment should be made available to the Agency upon its request. The European Border and Co ast Guard Agency should also manage a pool of technical equipment provided by the Member States, based on the needs identified by the European Border

and Coast Guard Agency and which should be completed by the means of

(19) Having regard to the rapidity with which deployment of equipment and staff would need to take place in particular at areas of the external borders facing sudden large influxes of migratory flow, the European Border and Coast Guard Agency should also be able to deploy its own technical equipment which it should acquire itself or in co-ownership with a Member State. That technical equipment should be made available to the Agency upon its request. The European Border and Coast Guard Agency should also manage a pool of technical equipment provided by the Member States, based on the needs identified by the European Border and Coast Guard Agency and which should be completed by the means of

(19) Having regard to the rapidity with which deployment of equipment and staff would need to take place in particular at areas of the external borders facing sudden large influxes of migratory flow, the Eu ropean

Borde r and Coast Gu ard Agency should also be able to deploy its own technical equipment which it should acquire itself or in co-ownership with a Member State. That technical equipment should be made available to the Agency upon its request. The

European Bord er and

Coast GuardAgency should also manage a pool of technical equipment provided by the Member States, based on the needs identified by the Eu ropean Bord er and Coas t

GuardAgency and which should be

 

transport and operating equipment purchased by Member States under the Specific Actions of the Internal Security Fund.

transport and operating equipment purchased by Member States under the Specific Actions of the Internal Security Fund.

transport and operating equipment purchased by Member States under the Specific Actions of the Internal Security Fund.

completed by the means of transport and operating equipment purchased by Member States under the Specific Actions of the Internal Security Fund.

(20) On 8 October 2015, the European Council called for enlarging the mandate of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union to assist Member

States in ensuring the effective return of illegally staying third-country nationals, including by organising return operations on its own initiative and enhancing its role regarding the acquisition of travel documents. For this purpose, the European Council called for the establishment of a Return Office within the European Border and Coast Guard Agency which should be tasked with the coordination of the Agency’s activities in the field of return.

(20) On 8 15 October 2015, the European Council called for enlarging the mandate of the

European A genc y for the

Mana gement of Oper ational

Cooperation at the Ex ternal Bord ers

of the Member States of t he

European Union Frontex on return to

include the ri ght to or gan iz e joi nt

return oper ations on its own

ini tiati ve, and enhance its role

re gardin g the acquisition of travel

documents for r eturnees to assist

Member States in ensuri ng the

effe ctive retu rn of ille gal l y sta yin g

thi rd-countr y nationals, i ncludi ng b y

organising return ope rati ons on its

own ini tiative and enhan cing its role

re gardin g the acquisition of travel

documents. For this purpose, the European Council called for the establishment of a Return Office within the European Bor der and

Coast Guard Agency whi ch in order

to scale up support to Me mber

States shoul d be tasked w ith the

coordination of the A gen c y’ s

activities in the field of r eturn .

deleted

(20) On 8 15 October 2015, the European Council called for enlarging the mandate of the

European A genc y for the

Mana gement of Oper ational

Cooperation at the Ex ternal Bord ers

of the Member States of t he

European Union Frontex on return to

include the ri ght to or gan iz e joi nt

return oper ations on its own

ini tiati ve, and enhance its role

re gardin g the acquisition of travel

documents for r eturnees to assist

Member States in ensuri ng the

effe ctive retu rn of ille gal l y sta yin g

thi rd-countr y nationals, i ncludi ng b y

organising return ope rati ons on its

own ini tiative and enhan cing its role

re gardin g the acquisition of travel

documents.For thi s purp ose, the

European Council c alled for the

establishment of a Retur n Office

withi n the European Bor der and

Coast Guard A gen c y whi ch in order

to scale up support to Me mber

States shoul d be tasked w ith the

coordination of the A gen c y’ s

(21) The European Border and

(21) The European Border an d

(21) The European Border and

(21) The Europe an Bo rder an d

 

Coast Guard Agency should step up its assistance to Member States for returning illegally staying third- country nationals, subject to the Union return policy and in compliance with Directive 2008/115/EC of the European Parliament and of the Council.1In

particular, it should coordinate and organise return operations from one or more Member States and it should organise and conduct return interventions to reinforce the return system of Member States requiring increased technical and operational assistance when complying with their obligation to return illegally staying third-country nationals in accordance with that Directive.

Coast Guard Agency should step up its assistance to Member States for returning illegally staying third- country nationals, subject to the Union return policy and in compliance with Directive 2008/115/EC of the European Parliament and of the Council.2In

particular, it should coordinate and organise return operations from one or more Member States and it should organise and conduct return interventions to reinforce the return system of Member States requiring increased technical and operational assistance when complying with their obligation to return illegally staying third-country nationals in accordance with that Directive.

Coast Guard Agency should step up its assistance to Member States for returningillegallyirregularlystaying third-country nationals, subject to the Union return policy and in compliance with Directive

2008/115/ECof the European Parliament and of the Council.15. In particular, it should coordinate and organise return operations from one or more Member States and it should organise and conduct return

interventions to reinforce the return system of Member States requiring increased technical and operational assistance when complying with their obligation to returnirregularly staying third-country nationals in accordance with that Directive.

Coast Guard Agency should step up its assistance to Member States for returningillegally stayingthird- country nationals, subject to the Union return policy and in compliance with Directive

2008/115/ECof the EuropeanParliament and of the Council.15. In particular, it should coordinate and organise return operations from one or more Member States and it should organise and conduct return

interventions to reinforce the return system of Member States requiring increased technical and operational assistance when complying with their obligation to returnil le gal l y

sta yin gthird-country nationals in accordance with that Directive.

   

 

image

 
   

15 Directive 2008/115/EC of the

European Parliament and of the Council of 16 December 2008 on common standards and procedures in member states for returning illegally staying third-country nationals (OJ L 348, 21.12.2008, p. 98).

 
   

(21a) The Agency should provide the necessary assistance to Member

(21a) The Agency should provide the necessary assistance to Member

 

 

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image

image

image

Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in member states for returning illegally staying third-country nationals (OJ L 348, 21.12.2008, p. 98).

Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in member states for returning illegally staying third-country nationals (OJ L 348, 21.12.2008, p. 98).

 

   

States in organising joint return operations and return interventions of irregular migrants, without entering into the merits of return decisions issued by the Member States, and in full respect for fundamental rights. In addition, the Agency should assist Member States in the acquisition of travel documents for return, in cooperation with the authorities of the relevant third countries.

States in organising joint return operations and return interventions of third country nationals who are the subject of return decisions issued by aMember State without entering into the merits of return decisions issued by the Member States, and in full respect for fundamental rights. In addition, the Agency should assist Member States in the acquisition of travel documents for return, in cooperation with the authorities of the relevant third countries.

     

(21ab) The assistance to Member States in carrying out return procedures should include the provision of practical information on third countries of return relevant for the implementation of this Regulation, such as the provision of contact details or other logistical information necessary for the smooth conduct of return operations.

For th e purpos es of taking retu rn

decisions, th e Agency sh ould not be

in volved in th e provision of

in form ation to Mem ber Stat es on

third countries of return.

   

(21b) The possible existence of an arrangement between a Member State and a third country does not absolve the Agency or the Member

(21b) The possible existence of an arrangement between a Member State and a third country does not absolve the Agency or the Member

 

   

States from their obligations under Union or international law, in particular as regards compliance with the principle of non- refoulement, where they are aware or ought to be aware that systemic deficiencies in the asylum procedure and in the reception conditions of asylum seekers in that third country amount to substantial grounds for believing that the asylum seeker would face a serious risk of being subjected to inhuman or degrading treatment or where they are aware

or ought to be aware that that third country engages in practices in contravention of the principle of non-refoulement.

States from their obligations under Union or international law, in particular as regards compliance with the principle of non- refoulement.

(22) The European Border and

Coast Guard Agency should establish pools of forced return monitors, forced return experts and return specialists made available by

Member States, who should be deployed during return operations and that should form part of tailor- made European Return Intervention Teams deployed in return interventions. The European Border and Coast Guard Agency should provide them with the necessary training.

(22) The European Border an d

Coast Guard Agency should establish pools of forced return monitors, forced return ex perts escorts and return specialists made available by Member States, who should be deployed during return operations

and that should form part of tailor- made European Return Intervention Teams deployed in return interventions. The European Border

and Coast Guard Agency should provide them with the necessary training.

(22) The Europe an Bo rder an d

Coast Guard Agency should establish pools of forced return monitors, forced return experts and return specialists made available by

Member States, who should be deployed during return operations and that should form part of tailor- made European Return Intervention Teams deployed in return interventions.The pools should include staff with specific expertise in child protection.The European

Borde r and Coast Gu ard Agency should provide them with the necessary training.

(22) The Europe an Bo rder an d

Coast Guard Agency should establish pools of forced return monitors, forced return experts and return specialists made available by

Member States, who should be deployed during return operations and that should form part of tailor- made European Return Intervention Teams deployed in return interventions.The pools should include staff with specific expertise in child protection.The European

Borde r and Coast Gu ard Agency should provide them with the necessary training.

 

     

(22aa) In accordance with international law instruments like the UN Convention of the Rights of the Child, any individual below the age of 18 will be considered as a child under this Regulation. Thechild's best interests are to be a primary consideration in the activities of the Agency.

   

(22a) Special provision should be made for staff involved in activities relating to returns to specify their tasks, powers and responsibilities. Special instructions should also be issued with regard to the power of

the pilots in charge of aircraft and the extension of the criminal jurisdiction of the country of registration of the aircraft under international aviation law.

(22a) Special provision should be made for staff involved in activities relating to returns to specify their tasks, powers and responsibilities. Special instructions should also be issued with regard to the power of the pilots in charge of aircraft and the extension of the criminal jurisdiction of the country of registration of the aircraft under international aviation law, in

particular th e Tokyo Conven tion on

Offen c es and certain other acts

committed on board aircraft.

(23) The European Border and Coast Guard Agency should develop specific training tools and it should provide training at Union level for national instructors of border guards and additional training and seminars related to control at external borders and return of third-country nationals illegally staying on the territory of Member States for officers of the competent national bodies. The

(23) The European Border an d

Coast Guard Agency should develop specific training tools and it should provide training at Union level for national instructors of border guards and additional training and seminars related to control at external borders and return of third-country nationals illegally staying on the territory of Member States for officers of the competent national bodies. This shall

(23) The Europe an Bo rder an d

Coast Guard Agency should develop specific training tools, including specific training in the protection of children,and it should provide training at Union level for national instructors of border guards and additional training and seminars related to control at ex ternal borders

and return of thi rd -countr y nationals

illegall y sta yin g on the te rritor y o f

(23) The Europe an Bo rder an d

Coast Guard Agency should develop specific training tools, including specific training in the protection of children,and it should provide training at Union level for national instructors of border guards and additional training and seminars related to control at ex ternal borders

and return of t hird -countr y nationals

illegall y sta yin g on the te rritor y o f

image

 

Agency should be authorised to organise training activities in cooperation with Member States and third countries on their territory.

include traini ng on relev ant Union

and int ernational law, inc ludi ng on

fundamental ri ghts . The Agency should be authorised to organise training activities in cooperation with Member States and third countries on their territory.

Member States integrated border management tasks, includingfor officers of the competent national bodies. The Agency should be authorised to organise training activities in cooperation with Member States and third countries on their territory.

Member States integrated border management tasks, includingfor officers of the competent national bodies. This shoul d include traini ng

on relevant Union and int ernational

law, including on fund a mental

rights .The Agency should be authorised to organise training activities in cooperation with Member States and third countries on their territory.

(24) The European Border and Coast Guard Agency should monitor

and contribute to the developments in research relevant for the control of

the external borders, including the use of advanced surveillance

technology, and it should disseminate this information to the Member

States and to the Commission.

(24) The European Border an d

Coast Guard Agency should monitor and contribute to the developments in research relevant for the control of

the external borders, including the use of advanced surveillance

technology, and it should disseminate this information to the Member

States and to the Commission.

(24) The Europe an Bo rder an d

Coast Guard Agency should monitor and contribute to the developments in research relevant for the control of

the ex ternal borders, incl uding the

use of advan ced surv eilla nce

technolog y, European integrated border managementand it should disseminate this information tothe EuropeanParliament,the Member States,and to the Commission, relevant Union agencies, bodies and offices, and the public.

(24) The Europe an Bo rder an d

Coast Guard Agency should monitor and contribute to the developments in research relevant for the control of

the ex ternal borders, incl uding the

use of advan ced surv eilla nce

technolog y, European integrated border managementand it should disseminate this information tothe EuropeanParliament,the Member States,and tothe Commission,

relevant Union agen cies, bodies and

offices, and th e pu blic .

(25) Effective implementation of an integrated management of the external borders necessitates regular, swift and reliable exchange of information among the Member States regarding the management of the external borders, irregular immigration and return. The European Border and Coast Guard Agency should develop and operate

(25) Effective implementation of an integrated management of the external borders necessitates regular, swift and reliable exchange of information among the Member States regarding the management of the external borders, ir regular ille galimmigration and return. The European Border and Co ast Guard Agency should develop and operate

(25) Effective implementation of an integrated management of the external borders necessitates regular, swift and reliable exchange of information among the Member States regarding the management of the external borders, irregular

immigration migrationand return. The Europe an Bo rder an d Coast

Guard Agency should develop and

(25) Effective implementation of an integrated management of the external borders necessitates regular, swift and reliable exchange of information among the Member States.re gardin g the man a gement of

the ex ternal borders, ir regular

immigration and r eturn. The

European Bord er and Co ast Guard

Agency should develop and operate

 

information systems facilitating such exchange in accordance with Union data protection legislation.

information systems facilitating such exchange in accordance with Union data protection legislation.

operate information systems facilitating such exchange in accordance with Union data protection legislation.It is important that Member States provide the Agency promptly with complete and accurate information necessary for the Agency to perform its tasks.

information systems facilitating such exchange in accordance with Union data protection legislation.It is important that Member States provide the Agency promptly with complete and accurate information necessary for the Agency to perform its tasks.

(26) For the purpose of fulfilling its mission and to the extent required for the accomplishment of its tasks, the European Border and Coast Guard Agency may cooperate with Union institutions, bodies, offices and agencies as well as with international organisations in matters covered by this Regulation in the framework of working arrangements concluded in accordance with Union law and policy. Those working arrangements should receive the Commission’s prior approval.

(26) For the purpose of fulfilling its mission and to the extent required for the accomplishment of its tasks, the European Border and Co ast Guard Agency may cooperate with Union institutions, bodies, offices and agencies as well as with international organisations in matters covered by this Regulation in the framework of working arrangements concluded in accordance with Union law and policy. Those working arrangements should receive the Commission’s prior approval.

(26) For the purpose of fulfilling its mission and to the extent required for the accomplishment of its tasks, the European Border and Coast Guard Agency may cooperate with Union institutions, bodies, offices and agencies as well as with international organisations in matters covered by this Regulation in the framework of working arrangements concluded in accordance with Union law and policy. Those working arrangements should receive the Commission’s prior approval.

(26) For the purpose of fulfilling its mission and to the extent required for the accomplishment of its tasks, the

European Bord er and Co ast

GuardAgency may cooperate with Union institutions, bodies, offices and agencies as well as with international organisations in matters covered by this Regulation in the framework of working arrangements concluded in accordance with Union law and policy. Those working arrangements should receive the Commission’s prior approval.

(27) National authorities carrying out coast guard functions are responsible for a wide range of tasks, including but not limited to maritime safety, security, search and rescue, border control, fisheries control, customs control, general law enforcement and environmental protection. The European Border and Coast Guard Agency, the European Fisheries Control Agency established by Council Regulation (EC) No

(27) National authorities carrying out coast guard functions are responsible for a wide range of tasks,

including but not limited to which

ma y includ e maritime safety, security, search and rescue, border control, fisheries control, customs control, general law enforcement and environmental protection. The European Border and Co ast Guard Agency, the European Fisheries Control Agency established by

(27) National authorities carrying out coast guard functions are responsible for a wide range of tasks, including but not limited to maritime safety, security, search and rescue, border control, fisheries control, customs control, general law enforcement and environmental protection. The Europ ean Border and

Coast Guard Agency, the European Fisheries Control Agency established by Council Regulation (EC) No

(27) National authorities carrying out coast guard functions are responsible for a wide range of tasks,

including but not limited to which

ma y includ e maritime safety, security, search and rescue, border control, fisheries control, customs control, general law enforcement and environmental protection. The

European Bord er and Co ast Guard Agency, the European Fisheries Control Agency established by

 

768/2005 1 and the European

Maritime Safety Agency established by Regulation (EC) No 1406/2002 of the European Parliament and of the Council2should therefore strengthen their cooperation both with each other and with the national authorities carrying out coast guard

functions to increase maritime situational awareness as well as to support coherent and cost-efficient action.

Council Regulation (EC) No 768/2005 3 and the European Maritime Safety Agency established by Regulation (EC No 1406/2002 of the European Parliament and of the Council 4should therefore strengthen their cooperation both with each other and with the national

authorities carrying out coast guard functions to increase maritime situational awareness as well as to support coherent and cost-efficient action.

768/2005 16 and the European

Maritime Safety Agency established by Regulation (EC) No 1406/2002 of the European Parliament and of the Council 17should therefore strengthen their cooperation both with each other and with the national

authorities carrying out coast guard functions to increase maritime situational awareness as well as to support coherent and cost-efficient action. Synergies between the various actors in the maritime environment should be in line with the Europeans integrated border management and maritime security strategy.

Council Regulation (EC) No 768/2005 5 and the European Maritime Safety Agency established by Regulation (EC No 1406/2002 of the European Parliament and of the Council 6should therefore strengthen their cooperation both with each other and with the national

authorities carrying out coast guard functions to increase maritime situational awareness as well as to support coherent and cost-efficient action.Synergies between the various actors in the maritime environment should be in line with the Europeans integrated border management and maritime security strategy.

   

 

image

 
   

16 Council Regulation (EC) No

768/2005 of 26 April 2005

 

 

 

image

Council Regulation (EC) No 768/2005 of 26 April 2005 establishing a Community Fisheries Control Agency and amending Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy (OJ L 128, 21.5.2005, p.1).

Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (OJ L 208, 5.8.2002, p.1).

Council Regulation (EC) No 768/2005 of 26 April 2005 establishing a Community Fisheries Control Agency and amending Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy (OJ L 128, 21.5.2005, p.1).

Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (OJ L 208, 5.8.2002, p.1).

Council Regulation (EC) No 768/2005 of 26 April 2005 establishing a Community Fisheries Control Agency and amending Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy (OJ L 128, 21.5.2005, p.1).

Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (OJ L 208, 5.8.2002, p.1).

 

   

establishing a Community Fisheries Control Agency and amending Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy (OJ L 128, 21.5.2005, p.1).

 
   

17 Regulation (EC) No 1406/2002 of

the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (OJ L 208, 5.8.2002, p.1).

 
 

(27a) The im plementation of thi s

Regulation does not a ffe ct the

division of competence b etween the

Union and the Member S tates under

the Treat y of th e EU or t he

obligations of Membe r S tates under

int ernational conventions such as the

United Nations Conventi on on the

La w of the Se a, the Inte r national

Convention for the S afet y of Lif e at

Sea, the Intern ational Convention on

Maritime S earch and Res cue, the

Inte rnational Convention for the

Prevention of Pollution from S hips,

the Int ernational Convent ion on

Standards of Tr aini ng, C erti fication

and W atchkeepin g fo r Se afar ers and

other relev ant maritime int ernational

inst ruments.

(27a) Cooperation on coast guard functions, in particular by means of enhanced collaboration between national authorities, the Agency, the European Fisheries Control Agency and the European Maritime Safety Agency, should not affect the division of powers between the agencies as regards the definition of their missions and should not impinge on their autonomy or independence in respect of their initial assignments. That cooperation is also intended to enable the creation of synergies between them, without changing their mission statements.

(27a) The im plementation of thi s

Regulation does not a ffe ct the

division of competence b etween the

Union and the Member S tates under

th e Union Treatiesor th e

obligations of Membe r S tates under

int ernational conventions such as the

United Nations Conventi on on the

La w of the Se a, the Inte r national

Convention for the S afet y of Lif e at

Sea, the Intern ational Convention on

Maritime S earch and Res cue, the

Inte rnational Convention for the

Prevention of Pollution from S hips,

the Int ernational Convent ion on

Standards of Tr aini ng, C erti fication

and W atchkeepin g fo r Se afar ers and

other relev ant maritime int ernational

inst ruments.

(28) The European Border and

Coast Guard Agency should facilitate and encourage operational cooperation between Member States

(28) The European Border an d

Coast Guard Agency should facilitate and encourage operational cooperation between Member States

(28) The Europe an Bo rder an d

Coast Guard Agency should facilitate and encouragetechnical and operational cooperation between

(28) The Europe an Bo rder an d

Coast Guard Agency should facilitate and encouragetechnical and operational cooperation between

 

and third countries in the framework of the external relations policy of the Union, including by coordinating operational cooperation between Member States and third countries in the field of management of external borders and by deploying liaison officers to third countries, as well as by cooperating with the authorities of third countries on return, including as regards the acquisition of travel documents. In their cooperation with third countries, the European Border and Coast Guard Agency and Member States should comply with norms and standards at least equivalent to those set by Union legislation also when the cooperation with third countries takes place on

the territory of those countries.

and third countries in the framework of the external relations policy of the Union, including by coordinating operational cooperation between Member States and third countries in the field of management of external borders and by deploying liaison officers to third countries, as well as by cooperating with the authorities of third countries on return, including as regards the acquisition of travel documents. In their cooperation with third countries, the European Border

and Coast Guard Agency and Member States should comply with norms and standards at least equivalent to those set by Union legislation also when the cooperation with third countries takes place on the territory of those countries.

Member States and third countries in the framework of the external relations policy of the Union, including by coordinating operational cooperation between Member States and third countries in the field of management oftheexternal borders and by deploying liaison officers to third countries, as well as by cooperating with the authorities of third countries on return, including as regards the acquisition of travel documents. In their cooperation with third countries, the Europ ean Bo rder

and Coast Guard Agency and Member States should complywithnorms and standards at least

equivalent to those set b y Union

legislation Union law, including with regard to the protection of fundamental rights and the

principle of non-refoulement at all times andalso when the cooperation with third countries takes place on the territory of those countries.In order to increase transparency and accountability, the Agency should report on cooperation with third countries in its annual report.

Member States and third countries in the framework of the external relations policy of the Union, including by coordinating operational cooperation between Member States and third countries in the field of management oftheexternal borders and by deploying liaison officers to third countries, as well as by cooperating with the authorities of third countries on return, including as regards the acquisition of travel documents. In their cooperation with third countries, the Europ ean Bo rder

and Coast Guard Agency and Member States should complywithnorms and standards at least

equivalent to those set b y Union

legislation Union law, including with regard to the protection of fundamental rights and the

principle of non-refoulement at all times andalso when the cooperation with third countries takes place on the territory of those countries.In order to increase transparency and accountability, the Agency should report on cooperation with third countries in its annual report.

   

(28a) The European Border and Coast Guard and the Agency should fulfil their tasks in full respect for fundamental rights, in particular

the Charter of Fundamental Rights

(28a) The European Border and Coast Guard and the Agency should fulfil their tasks in full respect for fundamental rights, in particular

the Charter of Fundamental Rights

 

   

of the European Union (the Charter), the Convention Relating to the Status of Refugees and obligations related to access to international protection, in particular the principle of non- refoulement, the United Nations Convention on the Law of the Sea,

the International Convention for the Safety of Life at Sea, and the International Convention on Maritime Search and Rescue. In accordance with Union law and those provisions the Agency should assist Member States in conducting search and rescue operations in order to protect and save lives whenever and wherever so required.

of the European Union (the Charter), th e European Conven tion

for th e Protection of Hu m an Rights

and Fun dam ental Freedom s,

relevant in ternation al law,

in cludin g th e United Nations

Conven tion on the Rights of th e

Child, th e Conven tion on th e

Elim in ation of all Forms of

Discrim ination Against Wom en, the Convention Relating to the Status of Refugees and obligations related to access to international protection, in particular the principle of non- refoulement, the United Nations Convention on the Law of the Sea, the International Convention for the Safety of Life at Sea, and the International Convention on Maritime Search and Rescue. In accordance with Union law and those provisions the Agency should assist Member States in conducting search and rescue operations in order to protect and save lives whenever and wherever so required.

   

(28b) Given the increased number of its tasks, the Agency should further develop and implement a strategy to monitor and ensure the protection

of fundamental rights. To that end it should provide its Fundamental Rights Officer with adequate resources and staff corresponding to

(28b) Given the increased number of its tasks, the Agency should further develop and implement a strategy to monitor and ensure the protection

of fundamental rights. To that end it should provide its Fundamental Rights Officer with adequate resources and staff corresponding to

 

   

its mandate and size. The Agency should use its role to actively promote the application of the Union acquis relating to the management of the external borders, including with regard to respect for fundamental rights and international protection.

its mandate and size. The

Fundam ental Rights Officer sh ou ld

have acc ess to all in format ion

necessary to fu lfil h er or h is

task. The Agency should use its role to actively promote the application of the Union acquis relating to the management of the external borders, including with regard to respect for fundamental rights and international protection.

   

(28c) In accordance with the Charter and the 1989 United Nations Convention on the Rights of the Child, a child's best interests are to be a primary consideration in the activities of the Agency.

deleted

(29) This Regulation respects the fundamental rights and observes the principles recognised by Articles 2 and 6 of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full respect for human dignity, the right to life, the right to liberty and security, the right to the protection of personal data, the right to access to asylum, the right to effective remedy, the rights of the child, the prohibition of torture and

of inhuman or degrading treatment or punishment, the prohibition of trafficking in human beings, and to

(29) This Regulation respects the fundamental rights and observes the principles recognised by Articles 2 and 6 of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full respect for human dignity, the right to life, the right to liberty and security, the right to the protection of personal data, the right to access to asylum, the right to effective remedy, the rights of the child, the prohibition of torture and

of inhuman or degrading treatment or punishment, the prohibition of trafficking in human beings, and to

(29) This Regulation respects the fundamental rights and observes the principles recognised by Articles 2 and 6 of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full respect for human dignity, the right to life, the right to liberty and security, the right to the protection of personal data, the right to access to asylum, the right to effective remedy, the rights of the child, the prohibition of torture and

of inhuman or degrading treatment or punishment, the prohibition of trafficking in human beings, and to

(29) This Regulation respects the fundamental rights and observes the principles recognised by Articles 2 and 6 of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full respect for human dignity, the right to life, the right to liberty and security, the right to the protection of personal data, the right to access to asylum, the right to effective remedy, the rights of the child, the prohibition of torture and

of inhuman or degrading treatment or punishment, the prohibition of trafficking in human beings, and to

 

promote the application of the principles of non-discrimination and non-refoulement.

promote the application of the principles of non-discrimination and non-refoulement.

promote the application of the principles of non-discrimination and non-refoulement.

promote the application of the principles of non-discrimination and non-refoulement.

(30) This Regulation establishes a complaint mechanism for the European Border and Coast Guard Agency, in cooperation with the Fundamental Rights Officer, to monitor and ensure the respect for fundamental rights in all the activities of the Agency. This should be an administrative mechanism whereby the Fundamental Rights Officer should be responsible for handling complaints received by the Agency in accordance with the right to good administration. The Fundamental Rights Officer should review the admissibility of a complaint, register admissible complaints, forward all registered

complaints to the Executive Director, forward complaints concerning border guards to the home Member State and register the follow-up by the Agency or that Member State.

Criminal investigations should be conducted by the Member States.

(30) This Regulation establishes a complaint mechanism for the European Border and Co ast Guard Agency, in cooperation with the Fundamental Rights Officer, to monitor and ensure the respect for fundamental rights in all the activities of the Agency. This should be an administrative mechanism whereby the Fundamental Rights Officer should be responsible for handling complaints received by the Agency in accordance with the right to good administration. The Fundamental Rights Officer should review the admissibility of a complaint, register admissible complaints, forward all registered

complaints to the Executive Director, forward complaints concerning

members of the te ams border gua rds to the home Member State and register the follow-up by the Agency or that Member State. Th e complaint

mechanism is without prejudi ce to

acc essto administrative a ndjudicial

remediesand do es not co nstitute a

requirement fo r seekin g s uch

remedies. Criminal investigations should be conducted by the Member States.

(30) This Regulation establishesan independentcomplaint mechanism for the Europ ean Border and Coast

Guard Agency, in cooperation with the Fundamental Rights Officer, to monitor and ensure the respect for fundamental rights in all the activities of the Agency. This should be an administrative mechanism whereby the Fundamental Rights Officer should be responsible for handling complaints received by the Agency in accordance with the right to good administration. The Fundamental Rights Officer should review the admissibility of a complaint, register admissible complaints, forward all registered

complaints to the Executive Director, forward complaints concerning border guards to the home Member State and register the follow-up by the Agency or that Member State.

Criminal investigations should be conducted by the Member States. The mechanismshould beeffective, ensuring that complaints are properly followed up and lead to penalties in cases of fundamental rights violations. In order to increase transparency and

(30) This Regulation establishes a complaint mechanism for the European Border and CoastGuard Agency, in cooperation with the Fundamental Rights Officer, to monitor and ensure the respect for fundamental rights in all the activities of the Agency. This should be an administrative mechanism whereby the Fundamental Rights Officer should be responsible for handling complaints received by the Agency in accordance with the right to good administration. The Fundamental Rights Officer should review the admissibility of a complaint, register admissible complaints, forward all registered

complaints to the Executive Director, forward complaints concerning

members of the te ams border gua rds to the home Member State and register the follow-up by the Agency or that Member State.The mechanismshould beeffective, ensuring that complaints are properly followed up.The complaint

mechanism is without prejudi ce to

acc essto administrative a ndjudicial

remediesand do es not co nstitute a

requirement fo r seekin g s uch

 

   

accountability, the Agency should report on the complaints mechanism in its annual report.

remedies. Criminal investigations should be conducted by the Member States.In order to increase transparency and accountability, the Agency should report on the complaints mechanism in its annual report, in clu din g th e n um ber of

com plain ts received, th e types of

fu ndam en tal rights viol ation, the

operat ion concern ed an d, where

possibl e, th e follow -u p m easures

taken by th e Agency and Mem ber

States.

(31) In order to ensure the uniform conditions for the implementation of this Regulation, in particular as regards situations requiring urgent action at the external borders, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU)

No 182/2011 of the European Parliament and of the Council.1

(31) In o rder to ensu re the uni form

conditions for the implementation of

thi s Regulation, in partic ular as

re gards situations requiri ng ur gent

action at the ex ternal bor ders,

implementing powers sh ould be

confer red on the Commiss ion. Those

powers shoul d be ex ercis ed in

accord anc e wit h Re gulation (EU)

No 182/2011 of the Euro pean

Parliament and of the Co uncil. 2

(31) In o rder to ensu re the uni form

conditions for the implementation of

thi s Regulation, in partic ular as

re gards situations requiri ng ur gent

action at the ex ternal bor ders,

implementing powers sh ould be

confer red on the Commiss ion. Those

powers shoul d be ex ercis ed in

accord anc e with Re gulation (EU)

No 182/2011 of the Euro pean

Parliament and of the Co uncil. 3

(31) In o rder to ensu re the uni form

conditions for the implementation of

thi s Regulation, in partic ular as

re gards situations requiri ng ur gent

action at the ex ternal bor ders,

implementing powers sh ould be

confer red on the Commiss ion. Those

powers shoul d be ex ercis ed in

accord anc e with Re gulation (EU)

No 182/2011 of the Euro pean

Parliament and of the Co uncil.

(32) The European Border and Coast Guard Agency should be independent as regards operational

(32) The European Border an d

Coast Guard Agency should be independent as regards operational

(32) The European Border and Coast Guard Agency should be independent as regards operational

(32) The Europe an Bo rder an d

Coast Guard Agency should be independent as regards operational

 

 

image

image

image

Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

image

 

and technical matters and have legal, administrative and financial autonomy. To that end, it is necessary and appropriate that it should be a Union body having legal personality and exercising the implementing powers, which are conferred upon it by this Regulation.

and technical matters and have legal, administrative and financial autonomy. To that end, it is necessary and appropriate that it should be a Union body having legal personality and exercising the implementing powers, which are conferred upon it by this Regulation.

and technical matters and have legal, administrative and financial autonomy. To that end, it is necessary and appropriate that it should be a Union body having legal personality and exercising the implementing powers, which are conferred upon it by this Regulation.

and technical matters and have legal, administrative and financial autonomy. To that end, it is necessary and appropriate that it should be a Union body having legal personality and exercising the implementing powers, which are conferred upon it by this Regulation.

(33) The Commission and the Member States should be represented within a Management Board to exercise policy and political

oversight over the European Border and Coast Guard Agency. The Board should, where possible, consist of the operational heads of the national services responsible for border guard management or their representatives. This Board should be entrusted with the necessary powers to establish the budget, verify its execution, adopt

the appropriate financial rules, establish transparent working procedures for decision making by the European Border and Coast Guard Agency and appoint the Executive Director and the Deputy Executive Director. The Agency should be governed and operated in line with the principles of the common approach on Union decentralised agencies adopted on 19 July 2012 by the European Parliament, the Council and the

(33) The Commission and the Member States should be represented within a Management Board to exercise policy and political

oversight over the European Border

and Coast Guard Agency. The Board should, where possible, consist of the operational heads of the national services responsible for border guard management or their representatives.

The parties r epres ented i n the

Mana gement Board sh all make

efforts to limit turnover o f their

repres entatives, in orde r to ensure

continuit y of the boa rd’s work. This Board should be entrusted with the necessary powers to establish the budget, verify its execution, adopt the appropriate financial rules, establish transparent working procedures for decision making by the European Border and CoastGuard Agency and appoint the Executive Director and the Deputy Executive Director. The Agency should be governed and operated in

(33) The Commission and the

Member States shoul d be repres ented

withi n aManagement Board to should exercisepoli c y and political oversight over the Europ ean Borde r and Coast

Guard Agency. The Board should, where possible, consist of the operational heads of the national services responsible for border guard management or their representatives. This Board should be entrusted with the necessary powers to establish the budget, verify its execution, adopt the appropriate financial rules, establish transparent working procedures for decision making by the European Bord er and Coast

Guard Agencyand appoint the

Ex ecutive Director and t he Deput y

Ex ecutive Director . The Agency should be governed and operatedin

line wi th taking into accountthe principles of the common approach on Union decentralised agencies adopted on 19 July 2012 by the European Parliament, the Council

(33) The Commission and the Member States should be represented within a Management Board to exercise polic y and political

oversight over the Europ e an Bo rder

and Coast Guard Agency. The Board should, where possible, consist of the operational heads of the national services responsible for border guard management or their representatives.

The parties r epres ented i n the

Mana gement Board shou ld make

efforts to limit turnover o f their

repres entatives, in orde r to ensure

continuit y of the boa rd’s work. This Board should be entrusted with the necessary powers to establish the budget, verify its execution, adopt the appropriate financial rules, establish transparent working procedures for decision making by

the European Bord er and Coast

GuardAgency and appoint the Executive Director and the Deputy Executive Director. The Agency should be governed and operated

 

European Commission.

line with the principles of the common approach on Union decentralised agencies adopted on 19 July 2012 by the European Parliament, the Council and the European Commission.

and the European Commission.This should include conclusion of a headquarters agreement between

the Agency and the Member State in which it has its seat.

taking into accounti n line with the principles of the common approach on Union decentralised agencies adopted on 19 July 2012 by the European Parliament, the Council and the European Commission.

(34) In order to guarantee the autonomy of the European Border and Coast Guard Agency, it should be granted an autonomous budget whose revenue comes essentially from a contribution from the Union. The Union budgetary procedure should be applicable as far as the Union contribution and any other subsidies chargeable to the general budget of the European Union are concerned. The auditing of accounts should be undertaken by the Court of Auditors.

(34) In order to guarantee the autonomy of the European Border

and Coast Guard Agency, it should be granted an autonomous budget whose revenue comes essentially from a contribution from the Union. The Union budgetary procedure should be applicable as far as the Union contribution and any other subsidies chargeable to the general budget of the European Union are concerned. The auditing of accounts should be undertaken by the Court of Auditors.

(34) In order to guarantee the autonomy of the Europe a n Borde r

and Coast Guard Agency, it should be granted an autonomous budget whose revenue comes essentially from a contribution from the Union. The Union budgetary procedure should be applicable as far as the Union contribution and any other subsidies chargeable to the general budget of the European Union are concerned. The auditing of accounts should be undertaken by the Court of Auditors.The budget adopted by the Management Board should be balanced in terms of addressing different aspects of the Agency's activities, including ensuring

respect for fundamental rights.

(34) In order to guarantee the autonomy of the Europe a n Borde r

and Coast Guard Agency, it should be granted an autonomous budget whose revenue comes essentially from a contribution from the Union. The Union budgetary procedure should be applicable as far as the Union contribution and any other subsidies chargeable to the general budget of the European Union are concerned. The auditing of accounts should be undertaken by the Court of Auditors.

 

(35) Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council 1should apply without restriction to the European Border and Coast Guard Agency, which should accede to the Inter-

institutional Agreement of 25 May 1999 between the European Parliament, the Council of the European Union and the Commission of the European Communities concerning internal investigations by the European Anti-Fraud Office (OLAF).2

(35) Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council 3should apply without restriction to the European Border and Coast Guard Agency, which should accede to the Inter-

institutional Agreement of 25 May 1999 between the European Parliament, the Council of the European Union and the Commission of the European Communities concerning internal investigations by the European Anti-Fraud Office (OLAF).4

(35) Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council 5should apply without restriction to the European Border and Coast Guard Agency, which should accede to the Inter-

institutional Agreement of 25 May 1999 between the European Parliament, the Council of the European Union and the Commission of the European Communities concerning internal investigations by the European Anti-Fraud Office (OLAF).6

(35) Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council 7should apply without restriction to the European

Borde r and Coast Gu ard Agency, which should accede to the Inter- institutional Agreement of 25 May 1999 between the European Parliament, the Council of the European Union and the Commission of the European Communities concerning internal investigations by

the European Anti-Fraud Office (OLAF).8

(36) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001

(36) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001

(36) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001

(36) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001

 

 

image

Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).

OJ L 136, 31.5.1999, p. 15.

Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).

OJ L 136, 31.5.1999, p. 15.

Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).

OJ L 136, 31.5.1999, p. 15.

Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).

OJ L 136, 31.5.1999, p. 15.

 

regarding public access to European Parliament, Council and Commission documents 1 should apply to the European Border and Coast Guard Agency.

regarding public access to European Parliament, Council and Commission documents 2 should apply to the European Border and Co ast Guard Agency.

regarding public access to European Parliament, Council and Commission documents 21 should apply to the

European Bord er and Co ast Guard Agency.The Agency should be as transparent as possible about its activities, without jeopardising the attainment of the objective of its operations. It should make public all relevant information on all of its activities, and should ensure that the public and any interested party are rapidly given information with regard to its work.

regarding public access to European Parliament, Council and Commission documents 21 should apply to the

European Bord er and Co ast Guard Agency.The Agency should be as transparent as possible about its activities, without jeopardising the attainment of the objective of its operations. It should make public information on all of its activities, and should ensure that the public and any interested party are rapidly given information with regard to its work.

   

 

image

 
   

21 Regulation (EC) No 1049/2001

of the European Parliament and of the Council of 30 May 2001 regarding public access to European

Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p.

43).

 
     

(36a) The Agency should also report on its activities to the fullest extent to the European Parliament and the Council.

(37) Any processing of personal data by the European Border and

(37) Any processing of personal data by the European Border and

(37) Any processing of personal data by the European Border and

(37) Any processing of personal data by the Europ ean Bor der and

 

image

Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

 

Coast Guard Agency within the framework of this Regulation should be conducted in accordance Regulation (EC) No 45/2001 of the European Parliament and of the Council.1

Coast Guard Agency within the framework of this Regulation should be conducted in accordance Regulation (EC) No 45/2001 of the European Parliament and of the Council.2

Coast Guard Agency within the framework of this Regulation should be conducted in accordance Regulation (EC) No 45/2001 of the European Parliament and of the Council.3

Coast GuardAgency within the framework of this Regulation should be conducted in accordance withRegulation (EC) No 45/2001 of the European Parliament and of the Council.4

(38) Any processing of personal data by Member States within the framework of this Regulation should be conducted in accordance with Directive 95/46/EC of the European Parliament and of the Council,5Council Framework Decision 2008/977/JHA 6 and the respect of the principles of necessity and proportionality.

(38) Any processing of personal data by Member States within the framework of this Regulation should be conducted in accordance with Directive 95/46/EC of the European Parliament and of the Council7. In

cases wh ere the p roc essi ng of d ata is

necessa r y primaril y for t he purpose

of ensurin g a hi gh level o f int ernal

securit y within the Union, especiall y

in the contex t of actions mentioned

in Articles 10, 46 and 51, Council

(38) Any processing of personal data by Member States within the framework of this Regulation should be conducted in accordance with Directive 95/46/EC of the European Parliament and of the Council,2Council Framework Decision 2008/977/JHA 3 and the respect of the principles of necessity and proportionality.

(38) Any processing of personal data by Member States within the framework of this Regulation should be conducted in accordance with Directive 95/46/EC of the European Parliament and of the Council4. In

cases wh ere the p roc essi ng of d ata is

necessa r y primaril y for t he purpose

of ensurin g a hi gh level o f int ernal

securit y within the Union, especiall y

in the contex t of actions mentioned

in Articles 10, 46 and 51, Council

 

 

image

Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).

Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (OJ L 350, 30.12.2008, p. 60).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).

45

 

 

Framework Decision 2008/977/JHA 1 applies. An y

processin g of dat a shoul d respect

ofthe principles of necessity and proportionality.

 

Framework Decision 2008/977/JHA 5 applies. An y

processin g of dat a shoul d respect

ofthe principles of necessity and proportionality.

(39) Since the objectives of this Regulation, namely the development and implementation of a system of integrated management of the external borders, thus also ensuring the proper functioning of the Schengen area, cannot be sufficiently achieved by the Member States acting in an uncoordinated manner but can rather, because of the

absence of controls at internal borders and in view of the significant migratory pressures at the external borders and the need to safeguard a high level of internal security within the Union, be better achieved at Union level, the Union may adopt measures, in accordance with the

(39) Since the objectives of this Regulation, namely the development and implementation of a system of integrated management of the external borders, thus also ensuring the proper functioning of the Schengen area, cannot be sufficiently achieved by the Member States acting in an uncoordinated manner but can rather, because of the

absence of controls at internal borders and in view of the significant migratory pressures at the external borders and the need to safeguard a high level of internal security within the Union, be better achieved at Union level, the Union may adopt measures, in accordance with the

(39) Since the objectives of this Regulation, namely the development and implementation of a system of integrated management of the external borders, thus also ensuring the proper functioning of the Schengen area, cannot be sufficiently achieved by the Member States acting in an uncoordinated manner but can rather, because of the

absence of controls at internal borders and in view of the significant migratory p ressur es challengesat the external borders and the

needto saf e guardto monitor efficiently the crossing of those borders, thereby contributing toa high level of internal security within

(39) Since the objectives of this Regulation, namely the development and implementation of a system of integrated management of the external borders, thus also ensuring the proper functioning of the Schengen area, cannot be sufficiently achieved by the Member States acting in an uncoordinated manner but can rather, because of the

absence of controls at internal borders and in view of the significant migratory p ressur es challengesat the external borders and the

needto saf e guardto monitor efficiently the crossing of those borders, thereby contributing toa high level of internal security within

 

 

image

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).

Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (OJ L 350, 30.12.2008, p. 60).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).

Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (OJ L 350, 30.12.2008, p. 60).

Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (OJ L 350, 30.12.2008, p. 60).

 

principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation

does not go beyond what is necessary in order to achieve those objectives.

principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation

does not go beyond what is necessary in order to achieve those objectives.

the Union, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation

does not go beyond what is necessary in order to achieve those objectives.

the Union, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation

does not go beyond what is necessary in order to achieve those objectives.

     

(39a) The external borders referred to are the ones to which the provisions of Title II of Regulation (EU) No 2016/399 apply, which includes the external borders of the Schengen Member States in accordance with Article 1 of Protocol 19 on the Schengen acquis integrated into the framework of the European Union.

(40) As regards Iceland and

Norway, this Regulation constitutes a development of the Schengenacquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen

acquis,1 which fall within the area

(40) As regards Iceland and

Norway, this Regulation constitutes a development of the Schengenacquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen

acquis,3 which fall within the area

(40) As regards Iceland and

Norway, this Regulation constitutes a development of the Schengenacquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen

acquis,6 which fall within the area

(40) As regards Iceland and

Norway, this Regulation constitutes a development of the Schengenacquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen

acquis,9 which fall within the area

 

 

image

OJ L 176, 10.7.1999, p. 36.

 

referred to in point A of Article 1 of Council Decision 1999/437/EC.1The arrangement between the European Community and the Republic of Iceland and the Kingdom of Norway on the modalities of the participation

by those States in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European

Union 2provides for rules onthe

participation by those countries in the work of the Agency, including

referred to in point A of Article 1 of Council Decision 1999/437/EC.4The arrangement between the European Community and the Republic of Iceland and the Kingdom of Norway on the modalities of the participation

by those States in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union 5provides for rules on the participation

by those countries in the work of the Agency, including provisions on

referred to in point A of Article 1 of Council Decision 1999/437/EC.7The arrangement between the European Community and the Republic of Iceland and the Kingdom of Norway on the modalities of the participation

by those States in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union 8provides for rules on the participation

by those countries in the work of the Agency, including provisions on

referred to in point A of Article 1 of Council Decision 1999/437/EC.10 The arrangement between the European Community and the

Republic of Iceland and the Kingdom of Norway on the modalities of the participation by those States in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the

European Union 11 provides for rules

on the participation by those countries in the work of the Agency,

 

 

image

OJ L 176, 10.7.1999, p. 36.

OJ L 176, 10.7.1999, p. 36.

OJ L 176, 10.7.1999, p. 36.

Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengenacquis(OJ L 176, 10.7.1999, p. 31).

OJ L 188 of 20.7.2007, p. 19.

Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengenacquis(OJ L 176, 10.7.1999, p. 31).

OJ L 188 of 20.7.2007, p. 19.

Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengenacquis(OJ L 176, 10.7.1999, p. 31).

OJ L 188 of 20.7.2007, p. 19.

10 Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengenacquis(OJ L 176, 10.7.1999, p. 31).

11 OJ L 188 of 20.7.2007, p. 19.

 

provisions on financial contributions and staff.

financial contributions and staff.

financial contributions and staff.

including provisions on financial contributions and staff.

(41) As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquiswithin the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen

acquis 1 which fall within the area

referred to in Article 1, points A, B and G of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC.2

(41) As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquiswithin the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen

acquis 3 which fall within the area

referred to in point A of Article 1,

points A, B and G of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC.4

(41) As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquiswithin the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen

acquis 5 which fall within the area

referred to in Article 1, points A, B and G of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC.6

(41) As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquiswithin the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen

acquis 7 which fall within the area

referred to in point A of Article 1,

points A, B and G of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC.1

 

image

image

image

OJ L 53, 27.2.2008, p. 52.

2 Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengenacquis(OJ L 53, 27.2.2008, p. 1).

OJ L 53, 27.2.2008, p. 52.

4 Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengenacquis(OJ L 53, 27.2.2008, p. 1).

OJ L 53, 27.2.2008, p. 52.

6 Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengenacquis(OJ L 53, 27.2.2008, p. 1).

OJ L 53, 27.2.2008, p. 52.

 

(42) As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquiswithin the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen

acquis 2 which fall within the area

referred to in Article 1, points A, B and G of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU.3

(42) As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquiswithin the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen

acquis 4 which fall within the area

referred to in point A of Article 1,

points A, B and G of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision

(42) As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquiswithin the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen

acquis 2 which fall within the area

referred to in Article 1, points A, B and G of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU.3

(42) As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquiswithin the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen

acquis 4 which fall within the area

referred to in point A of Article 1,

points A, B and G of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision

 

image

image

image

1 Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengenacquis(OJ L 53, 27.2.2008, p. 1).

OJ L 160, 18.6.2011, p. 21.

Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, relating to the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, p. 19).

OJ L 160, 18.6.2011, p. 21.

 

 

2011/350/EU.1

 

2011/350/EU.5

 

image

OJ L 160, 18.6.2011, p. 21.

Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, relating to the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, p. 19).

OJ L 160, 18.6.2011, p. 21.

Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, relating to the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, p. 19).

Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, relating to the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, p. 19).

 

(43) The arrangement between the European Community, of the one part, and the Swiss Confederation and the Principality of Liechtenstein, of the other part, on the modalities of the participation by those States in the European Agency for the Management of Operational Cooperation at the External Borders

of the Member States of the European Union 1 provides for rules on the participation by those countries in the work of the Agency, including provisions on financial contributions and staff.

(43) The arrangement between the European Community, of the one part, and the Swiss Confederation and the Principality of Liechtenstein, of the other part, on the modalities of the participation by those States in the European Agency for the Management of Operational Cooperation at the External Borders

of the Member States of the European Union 2 provides for rules on the participation by those countries in the work of the Agency, including provisions on financial contributions and staff.

(43) The arrangement between the European Community, of the one part, and the Swiss Confederation and the Principality of Liechtenstein, of the other part, on the modalities of the participation by those States in the European Agency for the Management of Operational Cooperation at the External Borders

of the Member States of the European Union 3 provides for rules on the participation by those countries in the work of the Agency, including provisions on financial contributions and staff.

(43) The arrangement between the European Community, of the one part, and the Swiss Confederation and the Principality of Liechtenstein, of the other part, on the modalities of the participation by those States in the European Agency for the Management of Operational Cooperation at the External Borders

of the Member States of the European Union 4 provides for rules on the participation by those countries in the work of the Agency, including provisions on financial contributions and staff.

(44) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Regulation and is not bound by it, or subject to its application. Given that this Regulation builds upon the Schengen acquisunder the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark should, in

(44) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Regulation and is not bound by it, or subject to its application. Given that this Regulation builds upon the Schengen acquisunder the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark should, in

(44) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Regulation and is not bound by it, or subject to its application. Given that this Regulation builds upon the Schengen acquisunder the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark should, in

(44) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Regulation and is not bound by it, or subject to its application. Given that this Regulation builds upon the Schengen acquisunder the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark should, in

 

 

image

OJ L 243 of 16.9.2010, p. 4.

OJ L 243 of 16.9.2010, p. 4.

OJ L 243 of 16.9.2010, p. 4.

OJ L 243 of 16.9.2010, p. 4.

 

accordance with Article 5 of the said Protocol, decide within a period of six months after the Council has adopted this Regulation whether it will implement it in its national law or not.

accordance with Article 5 of the said Protocol, decide within a period of six months after the Council has adopted this Regulation whether it will implement it in its national law or not.

accordance with Article 5 of the said Protocol, decide within a period of six months after the Council has adopted this Regulation whether it will implement it in its national law or not.

accordance with Article 5 of the said Protocol, decide within a period of six months after the Council has adopted this Regulation whether it will implement it in its national law or not.

(45) This Regulation constitutes a development of provisions of the Schengenacquisin which the United Kingdom does not take part, in accordance with Council Decision2000/365/EC;1 the United Kingdom is therefore not taking part in the adoption of this Regulation

and is not bound by it or subject to its application.

(45) This Regulation constitutes a development of provisions of the Schengenacquisin which the United Kingdom does not take part, in accordance with Council Decision2000/365/EC;2 the United Kingdom is therefore not taking part in the adoption of this Regulation

and is not bound by it or subject to its application.

(45) This Regulation constitutes a development of provisions of the Schengenacquisin which the United Kingdom does not take part, in accordance with Council Decision2000/365/EC;3 the United Kingdom is therefore not taking part in the adoption of this Regulation

and is not bound by it or subject to its application.

(45) This Regulation constitutes a development of provisions of the Schengenacquisin which the United Kingdom does not take part, in accordance with Council Decision2000/365/EC;4 the United Kingdom is therefore not taking part in the adoption of this Regulation

and is not bound by it or subject to its application.

(46) This Regulation constitutes a development of provisions of the Schengenacquisin which Ireland does not take part, in accordance with Council Decision 2002/192/EC;5 Ireland is therefore

not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(46) This Regulation constitutes a development of provisions of the Schengenacquisin which Ireland does not take part, in accordance with Council Decision 2002/192/EC;6 Ireland is therefore

not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(46) This Regulation constitutes a development of provisions of the Schengenacquisin which Ireland does not take part, in accordance with Council Decision 2002/192/EC;7 Ireland is therefore

not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(46) This Regulation constitutes a development of provisions of the Schengenacquisin which Ireland does not take part, in accordance with Council Decision 2002/192/EC;8 Ireland is therefore

not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

 

 

image

OJ L 131, 1.6.2000, p. 43.

OJ L 131, 1.6.2000, p. 43.

OJ L 131, 1.6.2000, p. 43.

OJ L 131, 1.6.2000, p. 43.

OJ L 64, 7.3.2002, p. 20.

OJ L 64, 7.3.2002, p. 20.

OJ L 64, 7.3.2002, p. 20.

OJ L 64, 7.3.2002, p. 20.

 

   

(46a) As regards Bulgaria and Romania, this Regulation constitutes an act building upon, or otherwise related to, the Schengen

acquis within the meaning of Article 4(1) of the 2005 Act of Accession.

deleted

   

(46b) As regards Croatia, this Regulation constitutes an act building upon, or otherwise related to, the Schengen acquis within the meaning of Article 4(1) of the 2011 Act of Accession.

deleted

   

(46c) As regards Cyprus, this Regulation constitutes an act building upon, or otherwise related to, the Schengen acquis within the meaning of Article 3(1) of the 2003 Act of Accession.

deleted

(47) The Agency should facilitate the organisation of specific activities in which the Member States may avail themselves of the expertise and facilities which Ireland and the United Kingdom may be willing to offer, in accordance with modalities to be decided on a case-by-case basis by the Management Board. To that end, representatives of Ireland and the United Kingdom may be invited to attend meetings of the Management Board which allow them to participate fully in the preparation of such specific activities.

(47) The Agency should facilitate the organisation of specific activities in which the Member States may avail themselves of the expertise and facilities which Ireland and the United Kingdom may be willing to offer, in accordance with modalities to be decided on a case-by-case basis by the Management Board. To that end, representatives of Ireland and the United Kingdom may be invited to attend meetings of the Management Board which allow them to participate fully in the preparation of such specific activities.

(47) The Agency should facilitate the organisation of specific activities in which the Member States may avail themselves of the expertise and facilities which Ireland and the United Kingdom may be willing to offer, in accordance with modalities to be decided on a case-by-case basis by the Management Board. To that end, representatives of Ireland and the United Kingdom may be invited to attend meetings of the Management Board which allow them to participate fully in the preparation of such specific activities.

(47) The Agency should facilitate the organisation of specific activities in which the Member States may avail themselves of the expertise and facilities which Ireland and the United Kingdom may be willing to offer, in accordance with modalities to be decided on a case-by-case basis by the Management Board. To that end, representatives of Ireland and the United Kingdom may be invited to attend meetings of the Management Board which allow them to participate fully in the preparation of such specific activities.

 

(48) A controversy exists between the Kingdom of Spain and the United Kingdom on the demarcation of the borders of Gibraltar.

(48) A controversy exists between the Kingdom of Spain and the United Kingdom on the demarcation of the borders of Gibraltar.

(48) A controversy exists between the Kingdom of Spain and the United Kingdom on the demarcation of the borders of Gibraltar.

(48) A controversy exists between the Kingdom of Spain and the United Kingdom on the demarcation of the borders of Gibraltar.

(49) The suspension of the applicability of this Regulation to the borders of Gibraltar does not imply any change in the respective positions of the States concerned.

(49) The suspension of the applicability of this Regulation to the borders of Gibraltar does not imply any change in the respective positions of the States concerned.

(49) The suspension of the applicability of this Regulation to the borders of Gibraltar does not imply any change in the respective positions of the States concerned.

(49) The suspension of the applicability of this Regulation to the borders of Gibraltar does not imply any change in the respective positions of the States concerned.

(50) The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 and delivered an opinion on […] 1.

(50) The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 and delivered an opinion on18 March 20162.

(50) The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 and delivered an opinion on […] 3.

(50) The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 and delivered an opinion on 18 March 20164.

 

image

OJ C […]

OJ C […]

OJ C […]

OJ C […]

 

(51) This Regulation aims to amend and expand the provisions of Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 1 of the European Parliament and of the Council and Council Decision 2005/267/EC.2 Since the amendments to be made are of substantial number and nature, those

acts should, in the interests of clarity, be replaced and repealed. References to the repealed regulations should be construed as references to this

(51) This Regulation aims to amend and expand the provisions of Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 3 of the European Parliament and of the Council and Council Decision 2005/267/EC.4 Since the amendments to be made are of substantial number and nature, those

acts should, in the interests of clarity, be replaced and repealed. References to the repealed regulations should be construed as references to this

(51) This Regulation aims to amend and expand the provisions of Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 5 of the European Parliament and of the Council and Council Decision 2005/267/EC.6 Since the amendments to be made are of substantial number and nature, those

acts should, in the interests of clarity, be replaced and repealed. References to the repealed regulations should be construed as references to this

(51) This Regulation aims to amend and expand the provisions of Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 7 of the European Parliament and of the Council and Council Decision 2005/267/EC.8 Since the amendments to be made are of substantial number and nature, those

acts should, in the interests of clarity, be replaced and repealed. References to the repealed regulations should be construed as references to this

 

 

image

Regulation (EC) No 863/2007 of the European Parliament and of the Council of 11 July 2007 establishing a mechanism for the creation of Rapid Border Intervention Teams and amending Council Regulation (EC) No 2007/2004 as regards that mechanism and regulating the tasks and powers of guest officers (OJ L 199, 31.7.2007, p. 30).

Council Decision 2005/267/EC of 16 March 2005 establishing a secure web-based Information and Coordination Network for Member States’ Migration Management Services (OJ L 83, 1.4.2005, p. 48).

Regulation (EC) No 863/2007 of the European Parliament and of the Council of 11 July 2007 establishing a mechanism for the creation of Rapid Border Intervention Teams and amending Council Regulation (EC) No 2007/2004 as regards that mechanism and regulating the tasks and powers of guest officers (OJ L 199, 31.7.2007, p. 30).

Council Decision 2005/267/EC of 16 March 2005 establishing a secure web-based Information and Coordination Network for Member States’ Migration Management Services (OJ L 83, 1.4.2005, p. 48).

Regulation (EC) No 863/2007 of the European Parliament and of the Council of 11 July 2007 establishing a mechanism for the creation of Rapid Border Intervention Teams and amending Council Regulation (EC) No 2007/2004 as regards that mechanism and regulating the tasks and powers of guest officers (OJ L 199, 31.7.2007, p. 30).

Council Decision 2005/267/EC of 16 March 2005 establishing a secure web-based Information and Coordination Network for Member States’ Migration Management Services (OJ L 83, 1.4.2005, p. 48).

Regulation (EC) No 863/2007 of the European Parliament and of the Council of 11 July 2007 establishing a mechanism for the creation of Rapid Border Intervention Teams and amending Council Regulation (EC) No 2007/2004 as regards that mechanism and regulating the tasks and powers of guest officers (OJ L 199, 31.7.2007, p. 30).

Council Decision 2005/267/EC of 16 March 2005 establishing a secure web-based Information and Coordination Network for Member States’ Migration Management Services (OJ L 83, 1.4.2005, p. 48).

 

Regulation.

Regulation.

Regulation.

Regulation.

 

HAVE ADOPTED THIS REGULATION:

     

CHAPTER I EUROPEAN BORDER AND

COAST GUARD

CHAPTER I EUROPEAN BORDER AND

COAST GUARD

CHAPTER I EUROPEAN BORDER AND

COAST GUARD

CHAPTER I EUROPEAN BORDER AND

COAST GUARD

Article 1

Subject matter

Article 1

Subject matter

Article 1

Subject matter

Article 1

Subject matter

A European Border and Coast Guard is hereby set up to ensure a European integrated border management at the external borders with a view to managing migration effectively and ensuring a high level of internal security within the Union, while safeguarding the free movement of persons therein.

A European Border and c oast Guard is hereby set up to ensure a European integrated border management at the external borders with a view to managing migration effectively and ensuring a high level of internal security within the Union, while safeguarding the free movement of persons therein.

This Regulation establishesa European Border and Coast Guard is

hereb y set up to ensure a European integrated border management at the external borders with a view to

mana ging mi gr ation eff e ctivel y

andmonitoring efficiently the crossing of the external borders, and to addressing migratory challenges and potential future threats at those borders, thereby contributing toaddressing serious

crime with a cross-border dimension and toensuring a high level of internal security within the Union, in full respect for fundamental rights, while safeguarding the free movement of persons therein.

This Regulation establishesa European Border and Coast1Guard to ensure a European integrated border management at the external borders with a view to managing

migration e ffe ctivel y and efficiently the crossing of the external borders, including addressing migratory challenges and potential future threats at those borders, thereby contributing to addressing serious crime with a cross-border dimension, in order toensure

ensuring a high level of internal security within the Union,in full respect for fundamental rights, while safeguarding the free movement of persons therein.

Article 2

Definitions

Article 2

Definitions

Article 2

Definitions

Article 2

Definitions

For the purposes of this Regulation, the following definitions shall apply:

For the purposes of this Regulation, the following definitions shall apply:

For the purposes of this Regulation, the following definitions shall apply:

For the purposes of this Regulation, the following definitions shall apply:

(1) ‘external borders’ means the land and sea borders of the Member States and their airports and seaports,

(1) ‘external borders’ means

‘ex ternal borders ’ as de fined in

article 2(2) o f Re gulation (EC) No

(1) ‘external borders’ means the

land and sea bo rders o f the Member

States and their airports a nd seaports,

1) ‘external borders’ means

external borders as defined in point

(2) of Article 2 of Regulation (EU)

 

image

1 Brackets are suggested by Council to remind that there is no agreement from their side on maintaining “Coast Guard”

 

to which the provisions of Title II of Regulation (EC) No 562/2006 of the European Parliament and of the Council 1 apply;

562/2006 of the Europea n Parliament

and of the Council and th e land and

sea borde rs of the Memb er States and

their airports and se aport s, to which the provisions of Title II of Regulation (EC) No 562/2006 of the

European Parliam ent and of the

Council 1 apply;

external borders as defined in point

(2) of Article 2 of Regulation (EU) 2016/399 of the European Parliament and of the Council,to which the provisions of Title II o f

Regulation (EC) No 562/ 2006 of the

European Parliam ent and of the

Council 38 appl y thereof38applies;

2016/399 of the European Parliament and of the Council,to which Title IIthereof 38applies;

   

 

image

 
   

38 Regulation (EC EU)

No562/2006 2016/399of the European Parliament and of the Council of 159March

2006establishing a

Communit y2016on a UnionCode on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 105 ,

13.4.2006,77,23.3.2016, p. 1).

38 Regulation (EU)2016/399of

the European Parliament and of the Council of9March2016on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L7723.3.2016, p. 1).

(2) ‘border control’ means border control as defined in point 9 of Article 2 of Regulation (EC) No 562/2006;

(2) ‘border control’ means border control as defined in point 9 of Article 2 of Regulation (EC) No 562/2006;

(2) ‘border control’ means border control as defined in point 9 of Article 2 of Regulation (EC) No 562/2006;

2) ‘border control’ means border control as defined in point10of Article 2 of Regulation (EU2016/399;

 

(2a) ‘border gu ard’ me ans bor der

gua rd as de fined in point 13 of

Article 2 of Re gulation ( EC) No

562/2006.

 

(2a) ‘border gu ard’ me ans bor der

gua rd as de fined in point14of

Article 2 of Re gulation (EU)

2016/399;

(3) ‘European Border and Coast Guard Teams’ mean teams of border guards and other relevant staff from participating Member States,

(3) ‘European Border and

Coast Guard Teams’ mean teams of border guards and other relevant staff from participating Member States,

(3) ‘European Border and Coast Guard Teams’ mean teams of border guards and other relevant staff from participating Member States,

(3) ‘European Borderand CoastGuard Teams’ mean teams of border guards and other relevant staff from participating Member States,

 

image

image

Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 105, 13.4.2006, p. 1).

 

including national experts that are seconded by Member States to the Agency, to be deployed during joint operations, rapid border interventions as well as in the framework of migration management support teams;

including border guards and other

relevant staf f national ex perts that are secondedas n ational ex perts by Member States to the Agency,to be deployed during joint operations, rapid border interventions as well as in the framework of migration management support teams;

including national experts that are seconded by Member States to the Agency, to be deployed during joint operations, rapid border interventions as well as in the framework of migration management support teams;

includingborder guards and other relevant staffnational ex perts that are secondedas national expertsby Member States to the Agency,to be deployed during joint operations, rapid border interventions as well as in the framework of migration management support teams;

(4) ‘host Member State’ means a Member State in which a joint operation or a rapid border intervention, a return operation or a return intervention takes place or from which it is launched;

(4) ‘host Member State’ means a Member State in which a joint operation or a rapid border intervention,a return operation or a return intervention takes place or a

migration mana gement s upport teams

is deplo yed, or from which it is launched;

(4) ‘host Member State’ means a Member State in which a joint operation or a rapid border intervention, a return operation or a return intervention takes place or from which it is launched;

(4) ‘host Member State’ means a Member State in which a joint operation or a rapid border intervention,a return operation or a return intervention takes placeor a migration management support teams is deployed,or from which it is launched;

(5) ‘home Member State’ means the Member State of which a member of the European Border and

Coast Guard Teams is a border guard or other relevant staff member;

(5) ‘home Member State’ means the Member State of which a member of the European Border and

Coast Guard Teams is a border guard or other relevant staff member;

(5) ‘home Member State’ means the Member State of which a member of the European Border and

Coast Guard Teams is a border guard or other relevant staff member;

(5) ‘home Member State’ means the Member State of which a member of the European Borderand CoastGuard Teams is a border guard or other relevant staff member;

(6) ‘participating Member State’ means a Member State which participates in a joint operation, rapid border intervention, return operation, return intervention or migration management support teams by providing technical equipment, border guards and other relevant staff deployed as part of the European Border and Coast Guard Teams, as well as a Member States which participate in return operations or return interventions by providing

(6) ‘participating Member State’ means a Member State which participates in a joint operation, rapid border intervention, return operation, return intervention or migration management support team by providing technical equipment, border guards and other relevant staff deployed as part of the European Border and Coast Guard Teams, as well as a Member States which participate in return operations or return interventions by providing

(6) ‘participating Member State’ means a Member State which participates in a joint operation, rapid border intervention, return operation, return intervention or migration management support teams by providing technical equipment, border guards and other relevant staff deployed as part of the European Border and Coast Guard Teams, as well as a Member States which participate in return operations or return interventions by providing

(6) ‘participating Member State’ means a Member State which participates in a joint operation, rapid border intervention, return operation, return intervention or migration management support team by providing technical equipment, border guards and other relevant staff deployed as part of the European Border and CoastGuard Teams, as well as a Member States which participate in return operations or return interventions by providing

 

technical equipment or staff;

technical equipment or staff, but

which is not a host Member State ;

technical equipment or staff;

technical equipment or staff, but which is not a host Member State;

(7) ‘members of the European Border and Coast Guard Teams’ mean the officers of border guard services or other relevant staff of Member States other than the host Member State, including national experts and border guards from Member States seconded to the Agency, who are participating in joint operations or rapid border interventions;

(7) ‘members of the Eu rope a n

Borde r and Coast Gu ard Teams’

mean the offi cers of bo rd er guard

services or oth er r elevant staff of

Member State s other tha n the host

Member State, includin g national

ex perts and border gu ard s from

Member States second ed to the

Agenc y, who are p articip ating in

joi nt operations or rapid border

int erventions;

(7) ‘members of the European Border and Coast Guard Teams’ mean the officers of border guard services or other relevant staff of Member States other than the host Member State, including national experts and border guards from Member States seconded to the Agency, who are participating in joint operations or rapid border interventions;

7) ‘members of the Eu rope a n

Borde r and Coast Gu ard Teams’

mean the offi cers of bo rd er guard

services or oth er r elevant staff of

Member States other tha n the host

Member State, includin g national

ex perts and border gu ard s from

Member States second ed to the

Agenc y, who are p articip ating in

joi nt operations or rapid border

int erventions;

 

(8) ‘members of the teams’ mean members of the European Border and Coast Guard Teams or teams of staff involved in return-related tasks participating in return operations or return interventions;

(8) ‘members of the teams’ mean members of the European Border and

Coast Guard Teams or teams of staff involved in return-related tasks participating in return operations or return interventions;

(8) ‘members of the teams’ mean members of the European Border and Coast Guard Teams or teams of staff involved in return-related tasks participating in return operations or return interventions;

(8) ‘members of the teams’ mean members of the European Border and Coast Teams or teams of staff involved in return-related tasks participating in return operations or return interventions;

(9) ‘migration management support teams’ mean teams of experts which provide operational and technical reinforcement to Member States at hotspot areas and which are composed of experts deployed from Member States by the European Border and Coast Guard Agency and the European Asylum Support Office, and from Europol or other relevant Union Agencies;

(9) ‘migration management support teams’ mean teams of experts which provide operational and technical reinforcement to Member States at hotspot areas and which are composed of experts deployed from Member States by the European Border and Co ast Guard Agency and the European Asylum Support Office, and from Europol or other relevant Union Agencies;

(9) ‘migration management support teams’ mean teams of experts which provide operational and technical reinforcement to Member States at hotspot areas and which are composed of experts deployed from Member States by the European Border and Coast Guard Agency and the European Asylum Support Office, and from Europol or other relevant Union Agencies;

(9) ‘migration management support teams’ mean teams of experts which provide operational and technical reinforcement to Member States at hotspot areas and which are composed of experts deployed from Member States by the European Border and CoastGuard Agency and the European Asylum Support Office, and from Europol or other relevant Union Agencies;

 

(9a) “Hotspot area" m eans an area

where the host M ember State, the

Commiss ion, relevant EU a genci es

and participatin g Membe r S tates

cooperat e with the aim of mana ging

a disproportionate migrat or y p ressur e

characteriz ed b y a si gnifi cant

increas e in the number of arrivi n g

migrants at the ex ternal border or the

risk thereof

(9a) ‘hotspot area’ means an area at an external border where a Member State faces disproportionate migratory pressures and where relevant Union Agencies assist the Member State in an integrated manner;

(9a) “Hotspot area" means an area where the host Member State, the Commission, relevant EU agencies and participating Member States cooperate with the aim of managing an existing or potential disproportionate migratory challengecharacterized by a significant increase in the number of arriving migrants at the external border

(10) ‘return’ means return as defined in point 3 of Article 3 of Directive 2008/115/EC;

(10) ‘return’ means return as defined in point 3 of Article 3 of Directive 2008/115/EC;

(10) ‘return’ means return as defined in point 3 of Article 3 of Directive 2008/115/EC;

(10) ‘return’ means return as defined in point 3 of Article 3 of Directive 2008/115/EC;

 

(11) ‘return decision’ means a return decision as defined in point 4 of Article 3 of Directive 2008/115/EC;

(11) ‘return decision’ means a n

administrati ve or judi cial decision or

act, stating o r decl arin g the sta y o f a

thi rd-countr y national to be illegal

and imposing or statin g a n obligation

to return a r eturn as de fin ed in point

4 of Article 3 of Directiv e

2008/115/EC ;

(11) ‘return decision’ means a return decision as defined in point 4 of Article 3 of Directive 2008/115/EC;

(11) ‘return decision’ means an administrative or judicial decision or act, stating or declaring the stay of a third-country national to be illegal and imposing or stating an obligation to return, respecting Directive 2008/115/EC;

 

(11a) ‘third countr y return o rde r’

means an administrative or judi cial

decision or act iss ued b y a thi rd

countr y, st ating or d ecla r ing the sta y

of a person who is a citiz en of

another thi rd countr y to b e illegal,

and imposing or statin g a n obligation

to leave;

 

deleted

(12) ‘returnee’ means an illegally staying third-country national subject to a return decision;

(12) ‘returnee’ means an illegally staying third-country national subject to a return decision or a t hird countr y

return order;

(12) ‘returnee’ means an

illegall yirregularlystaying third- country national subj ect who is the subjectofa return decisionissued by aMember State in accordance with Directive 2008/115/EC;

(12) ‘returnee’ means an illegallystaying third-country national subj ect who is thesubjectof

a return decisionissued by aMember State;

(13) ‘return operation’ means an operation to return illegally staying third-country nationals, that is coordinated by the Agency and involves technical and operational reinforcement being provided by one or more Member States under which returnees from one or more Member States are returned either through forced return or in voluntary compliance with an obligation to return;

(13) ‘return operation’ means an operation to return ille gal l y sta yin g

thi rd-countr y nationals, that is coordinated by the Agency and involves technical and operational reinforcement being provided by one or more Member States under which returnees from one or more Member States are returned either on forc ed

or voluntar y basis throu gh forced

return or in voluntar y co mpl iance

with an obligation to r etu rn;

(13) ‘return operation’ means an operation to return ille gal l y

sta yin gthird-countrynationalswho are the subject of return decisions issued by a Member State in accordance with Directive 2008/115/ECthat whichis coordinated by the Agency and involves technical and operational reinforcement being provided by one or more Member States under which returnees from one or more Member

(13) ‘return operation’ means an operation to return ille gal l y sta yin g

thi rd-countr y nationals, that is coordinated by the Agency and involves technical and operational reinforcement being provided by one or more Member States under which returnees from one or more Member States are returned either on forc ed

or voluntar y basis throu gh forced

return or in voluntar y co mpl iance

with an obligation to retu rn;

 

   

States are returned either through forced return or in voluntary compliance with an obligation to return;

 

 

(14) ‘return intervention’ means an operation to return illegally staying third-country nationals providing for enhanced technical and operational assistance consisting of the deployment of European Return Intervention Teams to Member States and the organisation of return operations.

(14) ‘return intervention’ means an

activit y of the A genc y p r oviding

Member States with oper ation to

return ille gall y sta yin g th ird -countr y

nationals providing fo r enhanced technical and operational assistance consisting of the deployment of European Return Intervention Teams to Member States and the organisation of return operations.

(14) ‘return intervention’ means an operation to return ille gal l y

sta yin gthird-country nationals

providingwho are the subject of return decisions issued by a Member State in accordance with Directive 2008/115/EC, whichprovidesfor enhanced technical and operational assistance consisting of the deployment of European Return Intervention Teams to Member

States and the organisation of return operations;

(14) ‘return intervention’ means an

activit y of the A genc y p r oviding

Member States with oper ation to

return ille gall y sta yin g th ird -countr y

nationals providing fo r enhanced technical and operational assistance consisting of the deployment of European Return Intervention Teams to Member States and the organisation of return operations.

 

   

(14a) ‘coast-guard functions’ means fact-finding, monitoring, planning and organising missions and operations entrusted to a local, regional, national or Union authority with the necessary powers to perform maritime surveillance involving, in particular, safety, security, search and rescue, border control and border surveillance, fisheries control, customs control, general law enforcement and environmental protection;

deleted

 

   

(14b) ‘child’ means a natural person below the age of 18 years unless under the law applicable to the child majority is attained earlier;

deleted

 

   

(14c) ‘third party’ means a legal entity recognised as such by a Member State or an international organisation.

deleted

 

(15) ‘Cross-border crime’ m e ans

an y s erious crime with a cross-

border dimension committed at,

along or is related to the ex ternal

borders;

 

(15) ‘Cross-border crime’ m e ans

an y s erious crime with a cross-

border dimension committed at,

along or is related to the ex ternal

borders;

Article 3

European Border and Coast Guard

Article 3

European Border and Co ast Guard

Article 3

European Border and Coast Guard

Article 3

European Border and CoastGuard

1. The European Border and

Coast Guard Agency and the national authorities of Member States which are responsible for border management, including coast guards to the extent that they carry out border control tasks, shall constitute the European Border and Coast Guard.

1. The European Border an d

coast Guard Agency and the national authorities of Member States which are responsible for border management, including coast guards to the extent that they carry out border control tasks, shall constitute the European Borderand C oast Guard.

1. The European Border and Coast Guard Agency(the Agency) and the national authorities of Member States which are responsible for border management, including coast guards to the extent that they carry out border control tasks, shall constitute the European Border and Coast Guard.

1. The European Border and Coast Guard Agency(the Agency) and the national authorities of Member States which are responsible for border management, including coast guards to the extent that they carry out border control tasks, shall constitute the European Border and Coast Guard.

   

1a. If appropriate, the Commission shall, after consulting the Agency, present a legislative proposal for a European integrated border management strategy. The strategy shall set out general guidelines, the objectives to be met and the key actions to be taken to establish a fully functioning European integrated border management system. The European integrated border management strategy shall be revised whenever circumstances so warrant.

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image

image

 

2. The European Border and Coast Guard Agency shall establish an operational and technical strategy for the European integrated border management. It shall promote and ensure the implementation of European integrated border management in all Member States.

2. The European Border an d

Coast Guard Agency, by decision of

the Mana gement Boa rd, shall establish, an operational and technical strategy for the European integrated border management,

taking int o ac count, wher e just ified,

the specific situation of t he Member

States, in particular their

geo graphic al location .Th is strateg y

shall be in line with Article 4 of this

Regulation. It shall promote and

support ensure the implementation of European integrated border management in all Member States.

2. The Europe an Bo rder an d

Coast Guard Agency shall establish an operational and technical strategy for the European integrated border management, taking into account, where appropriate, the specific situation of the Member States. It shall promote and ensure the implementation of European integrated border management in all Member States.

2. The European Border and Coast Guard Agency, by decision of

the Mana gement Boa rd b ased on a

proposal of the Ex ecutive Directo r, shall establish, an operational and technical strategy for the European integrated border management,

taking int o ac count, wher e just ified,

the specific situation of t he Member

States, in particular their

geo graphic al location .Th is strateg y

shall be in line with Article 4 of this

Regulation. It shall promote and

support ensure the implementation of European integrated border management in all Member States.

   

2a. The Agency shall ensure the continuous and uniform application of Union law, including the Union acquis on fundamental rights, at all external borders.

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3. The national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, shall establish their national strategies for integrated border management. Those national strategies shall be coherent with the strategy referred to in paragraph 2.

3. The national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, shall establish their national strategies for integrated border management. Those national strategies shall be in line coherentwith Article 4 and the strategy referred to in paragraph 2.

3. The national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, shall establish their national strategies for integrated border management. Those national strategies shall be coherent with the strategy referred to inparagraphs 1a and2.

3. The national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, shall establish their national strategies for integrated border management. Those national strategies shall be in line with Article

4 and the strate g y r ef err e d to in

paragr aph 2.

Article 4

European integrated border management

Article 4

European integrated border management

Article 4

European integrated border management

Article 4

European integrated border management

 

European integrated border management shall consist of the following components:

European integrated border management shall consist of the following components:

European integrated border management shall consist of the following components:

European integrated border management shall consist of the following components:

(a) border control, including measures related to the prevention, detection and investigation of cross- border crime, where appropriate;

(a) border control, including measures to pr event and detect il legal

border c rossing and to facilitate

legitimate bord er c rossing and

measures related to the prevention, detection and investigation of cross- border crime, where appropriate;

(a) border control, including measuresto facilitate legitimate border crossings and measures related to the preventionand detection and investi gati on of cross- border crime,such as the criminal smuggling of persons, trafficking in human beings and terrorism,where appropriate;

(a) border control, including measuresto facilitate legitimate border crossings and measures related to the preventionand detection and investi gati on of cross- border crime,such as migrant smuggling, trafficking in human beings and terrorism,where

appropriateand measu r es relat ed to

th e ref er ral of person s w ho are in

need of , or w ish to apply f or,

in ternational p rotection ;

   

(aa) search and rescue operations for persons in distress at sea in accordance with Regulation (EU) No 656/2014 and with international law;

(aa) search and rescue operations for persons in distress at sea in accordance with Regulation (EU) No 656/2014 and with international law, taking place in situations which may arise during border

surveillance operations at sea;

   

(ab) the identification, provision of initial information to and onward referral of persons arriving at the external borders who are in need of, or wish to apply for, international protection;

deleted

 

(b) analysis of the risks for internal security and analysis of the threats that may affect the functioning or security of the external borders;

(b) analysis of the risks for internal security and analysis of the threats that may affect the functioning or security of the external borders;

(b) analysis of the risks for internal security and analysis of the threats that may affect the functioning or security of the external borders;

(b) analysis of the risks for internal security and analysis of the threats that may affect the functioning or security of the external borders;

 

(b1) cooperation betw een M e mber

States supported and coo rdinated b y

the European Bord er Gu ard A gen c y,

 

(b1) cooperation betw een M e mber

States supported and coo rdinated b y

the European Bord erand CoastGuard

Agenc y,

(c) inter-agency cooperation among the national authorities in each Member State which are responsible for border control or for other tasks carried out at the border and among the relevant Union institutions, agencies, bodies and offices; including the regular exchange of information through existing information exchange tools, and in particular, the European Border Surveillance System

(‘Eurosur’) established by Regulation (EU) No 1052/2013 of the European Parliament and of the Council;1

(c) inter-agency cooperation among the national authorities in each Member State which are responsible for border control or for other tasks carried out at the border and among the relevant Union institutions, agencies, bodies and offices; including the regular exchange of information through existing information exchange tools,

and in particular, th e Eur opean

Borde r Surveillanc e S yst em

(‘Eurosur ’) established b y Re gulation

(EU) No 1052/2013 of th e Europe an

Parliament and of the Co uncil; 2

(c) inter-agency cooperation among the national authorities in each Member State which are responsible for border control or for other tasks carried out at the border and among the relevant Union institutions, agencies, bodies and offices; including the regular exchange of information through existing information exchange tools, and in particular, the European Border Surveillance System

(‘Eurosur’) established by Regulation (EU) No 1052/2013 of the European Parliament and of the Council; 39

(c) inter-agency cooperation among the national authorities in each Member State which are responsible for border control or for other tasks carried out at the border and among the relevant Union institutions, agencies, bodies and offices; including the regular exchange of information through existing information exchange tools,

and in cludin g such asthe European Border Surveillance System (‘Eurosur’) established by Regulation (EU) No 1052/2013 of the European Parliament and of the Council; 39

(d) cooperation with third countries in the areas of covered by this Regulation, focusing in particular on neighbouring countries and on those third countries which have been identified through risk

(d) cooperation with third countries in the areas of covered by this Regulation, focusing in particular on neighbouring countries and on those third countries which have been identified through risk

(d) cooperation with third countries in the areas of covered by this Regulation, focusing in particular on neighbouring countries and on those third countries which have been identified through risk

(d) cooperation with third countries in the areas of covered by this Regulation, focusing in particular on neighbouring countries and on those third countries which have been identified through risk

 

 

image

image

image

Regulation (EU) No 1052/2013 of the European Parliament and of the Council of 22 October 2013 establishing the European Border Surveillance System (Eurosur) (OJ L 295, 6.11.2013, p. 11).

image

Regulation (EU ) No 105 2/2013 of the European P arliament and of th e Council of 22 October 2013 establishing the Europ ea n Border

Surveillance S yst em (Eur osur) (OJ L 295, 6.11.20 13, p. 11).

 

analysis as being countries of origin and transit for irregular immigration;

analysis as being countries of origin and/or transit for ille gal ir regular immigration;

analysis as being countries of origin and transit for irregular

immigration migration in cooperation with Member States, the Commission and the EEAS;

analysis as being countries of origin and/or transit foril legal immigration;

(e) technical and operational measures within the area of free movement which are related to border control and designed to prevent irregular immigration and to counter cross-border crime;

(e) technical and operational measures within the S che ngen area

of fre e movement which are related to border control and designed to prevent ille gal irr e gular immigration and to counter cross-border crime;

(e) technical and operational measures within the area of free movement which are related to border control and designed to

prevent irr e gular immigr ation better manage irregular migrationand to counter cross-border crime;

(e) technical and operational measures within the S che ngen area

of fre e movement which are related to border control and designed to better addressillegalimmigrationand to counter cross- border crime;

(f) return of third-country nationals illegally staying on the territory of the Member States;

(f) return of third-country nationals illegally staying on the territory of the Member States;

(f) return of third-country nationals illegall y sta yin g on the

territor y of the Memb er States who are the subject of return decisions issued by a MemberState in accordance with Directive 2008/115/EC;

(f) return of third-country nationals illegall y sta yin g on t he

territor y of the Memb er States who are the subject of return decisions issued by a MemberState;

(g) use of state-of-the-art technology including large-scale information systems;

(g) use of state-of-the-art technology including large-scale information s ystems ;

(g) use of state-of-the-art technology including large-scale information systems;

(g) use of state-of-the-art technology including large-scale information systems;

(h) a quality control mechanism to ensure the implementation of Union legislation in the area of border management.

(h) a quality control mechanism, in

particular the Sch en gen Evaluation

mechanism and possibl e national

mechanisms, to ensure the implementation of Union legislation in the area of border management.

(h) a quality control mechanism to ensure the implementation of Union legislation in the area of border management.

(h) a quality control mechanism, in

particular the Sch en gen Evaluation

mechanism and possibl e national

mechanisms, to ensure the implementation of Union legislation in the area of border management.

 

(i) Solidarit y m echanisms, i n

particular EU fundin g inst ruments.

 

(i) Solidarit y m echanisms, i n

particular EU fundin g inst ruments.

   

 

image

 
   

39 Regulation (EU) No 1052/2013

of the European Parliament and of the Council of 22 October 2013

39 Regulation (EU) No 1052/2013

of the European Parliament and of the Council of 22 October 2013

 

   

establishing the European Border Surveillance System (Eurosur) (OJ L 295, 6.11.2013, p. 11).

establishing the European Border Surveillance System (Eurosur) (OJ L 295, 6.11.2013, p. 11).

Article 5

Shared responsibility

Article 5

Shared responsibility

Article 5

Shared responsibility

Article 5

Shared responsibility

1. The European Border and Coast Guard shall implement the European integrated border management as a shared responsibility of theEuropean Border and Coast GuardAgency and of the national authorities responsible for border management, including coast guards to the extent that they carry out border control tasks.

1. The European Border an d

Coast Guard shall implement the European integrated border management as a shared responsibility of the European Border and C oast Guard Agency and

of the national authorities responsible for border management, including coast guards to the extent that they carry out border control tasks.

1. The European Border and Coast Guard shall implement the European integrated border management as a shared responsibility of the Agency and of the national authorities responsible for border management, including coast guards to the extent that they carry outmaritime border surveillance operations and any otherborder control tasks. Nonetheless, Member States shall retain primary responsibility for the management of their section of the external border.

1. The European Border and Coast Guard shall implement the European integrated border management as a shared responsibility of the Agency and of the national authorities responsible for border management, including coast guards to the extent that they carry outmaritime border surveillance operations and any otherborder control tasks.Member States shall retain primary responsibility for the management of their section of the external border.

 

1a. Member S tates shall ens ure the

mana gement of thei r ex ternal

borders, in their int er ests and in the

int erest of all Member S t ates, in full

compliance with Union l aw and in

line with the technical an d

operational strate g y ref er red to in

Article 3(2), and in close cooperation

with the Agenc y.

 

1a. Member S tates shall ens ure the

mana gement of thei r ex ternal

borders, in their int er ests and in the

int erest of all Member S t ates, in full

compliance with Union l aw and in

line with the technical an d

operational strate g y ref er red to in

Article 3(2), and in close cooperation

with the Agenc y.

2. TheEuropean Border and Coast GuardAgency shall facilitate the application of Union measures relating to the management of external borders by reinforcing,

2. The European Border an d

Coast Guard Agency shall support

facilitate the application of Union measures relating to the management of external borders by reinforcing,

2. The Agency shall facilitate the application of Union measures relating to the management of external borders by reinforcing, assessing and coordinating the

2. The Agency shallsupportthe application of Union measures relating to the management of external borders by reinforcing, assessing and coordinating the

 

assessing and coordinating the actions of Member States in the implementation of those measures, and in return. Member States shall ensure the management of their section of the external borders, in their interests and in interest of all Member States which have abolished internal border control, in full compliance with Union law and in accordance with the technical and operational strategy referred to in Article 3(2), and in close cooperation with the Agency.

assessing and coordinating the actions of Member States in the implementation of those measures, and in return.Membe r S tates shall

ensure the man a gement o f th eir

section of the ex ternal bo rders, in

their int erests and in int er est of all

Member States which ha ve abolished

int ernal border control, i n full

compliance with Union l aw and in

accord anc e with the tech nical and

operational strate g y ref er red to in

Articl e 3(2), and in close cooperation

with the Agenc y.

actions of Member States in the implementation of those measures, and in return. Member States shall ensure the management of their section of the external borders, in their interests and in interest of all Member States which have abolished internal border control, in full compliance with Union law and in accordance with the technical and operational strategy referred to in Article 3(2), and in close cooperation with the Agency.Member States shall also, in their own interests and in the interests of other Member States, enter data into the European databases and ensure that the data are accurate, up-to- date and obtained and entered lawfully.

actions of Member States in the implementation of those measures, and in return.

 

3. TheEuropean Border and Coast GuardAgency shall be responsible for the management of the external borders in the cases foreseen in this Regulation, in particular where the necessary corrective measures based on the vulnerability assessment are not taken or in the event of disproportionate migratory pressure, rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area.

3. The Europe an Bo rder an d

CoastGuard A gen c y shal l be

responsi ble for the man a gem en t of

the ex ternal borders in th e cases

forese en in thi s Regulati on, in

particular wh ere th e nec e ssar y

corre ctive measu res bas e d on the

vulnerabilit y ass essment are not

taken or in the ev ent of

disproportionate migr ato r y p ressur e,

renderin g the control of t he ex ternal

borders inef fective to su c h an ex tent

that it risks putting in jeopard y the

functioning of th e S chen gen area.

3. The Agency shall be responsible for the management of the external borders in the cases foreseen in this Regulation, in particular where the necessary corrective measures based on the vulnerability assessment are not taken or in the event of disproportionate migratory pressure, rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area;

delete

 

   

3a. This Regulation shall be without prejudice to the Schengen evaluation mechanism and the powers of the Commission, in particular under Article 258 TFEU, to ensure compliance with Union law.

deleted

CHAPTER II EUROPEAN BORDER AND COAST GUARD AGENCY

SECTION 1

TASKS OF THE EUROPEAN BORDER AND COAST GUARD AGENCY

CHAPTER II EUROPEAN BORDER AND

COAST GUARD AGENCY SECTION 1

TASKS OF THE EUROPEAN BORDER

AND COAS T GUARD AGENCY

CHAPTER II EUROPEAN BORDER AND COAST GUARD AGENCY

SECTION 1

TASKS OF THE EUROPEAN BORDER AND COAST GUARD AGENCY

CHAPTER II EUROPEAN BORDERAND COASTGUARD AGENCY

SECTION 1

TASKS OF THE EUROPEAN BORDER AND COAST GUARD AGENCY

Article 6

European Border and Coast Guard Agency

Article 6

European Border and Co ast Guard Agency

Article 6

European Border and Coast Guard Agency

Article 6

European Border and Coast Guard Agency

1. To ensure a coherent European integrated border management at all external borders, the Agency shall facilitate and render more effective the application of existing and future Union measures relating to the management of external borders, in particular the Schengen Borders Code established by Regulation (EC) No 562/2006.

1. To ensure a coherent European integrated border management at all

ex ternal borders , the Agency shall facilitate and render more effective the application of existing and future Union measures relating to the management of external borders, in particular the Schengen Borders Code established by Regulation (EC) No 562/2006.

1. To ensure a coherent European integrated border management at all external borders, the Agency shall facilitate and render more effective the application of existing and future Union measures relating to the management of external borders, in particular the Schengen Borders Code established by Regulation (EC) No 562/20062016/399.It shall also contribute to the identification, development and exchange of good practices and promote Union border management law and standards.

1. To ensure a coherent European integrated border management, the Agency shall facilitate and render more effective the application of existing and future Union measures relating to the management of external borders, in particular the Schengen Borders Code established by Regulation (EU) No 5 62/20062016/399.

1a. The Agency shall contribute, including through the exchange of good practices, to the continuous and uniform application of Union law, including the Union acquis on fundamental rights, at all external borders.

 

2. The European Border and Coast Guard Agency (‘the Agency’) shall be the new name for the European Agency for the Management of Operational Cooperation at the External Borders of the Members States of the European Union established by Council Regulation (EC)

No 2007/2004. The activities shall henceforth be based on this Regulation.

2. The European Border an d

Coast Guard Agency (‘the Agency’) shall be the new name for the European Agency for the Management of Operational Cooperation at the External Borders of the Members States of the European Union established by Council Regulation (EC)

No 2007/2004. The activities shall henceforth be based on this Regulation.

2. The European Border and Coast Guard Agency (‘the Agency’) shall be the new name for the European Agency for the Management of Operational Cooperation at the External Borders of the Members States of the European Union established by Council Regulation (EC)

No 2007/2004. The activities shall henceforth be based on this Regulation.

2. The European Border and CoastGuard Agency (‘the Agency’) shall be the new name for the European Agency for the Management of Operational Cooperation at the External Borders of the Members States of the European Union established by Council Regulation (EC)

No 2007/2004. The activities shall henceforth be based on this Regulation.

   

Article 6a Accountability

Article 6a Accountability

   

The Agency shall be accountable to the European Parliament and to the Council, in accordance with this Regulation.

The Agency shall be accountable to the European Parliament and to the Council, in accordance with this Regulation.

Article 7

Tasks

Article 7

Tasks

Article 7

Tasks

Article 7

Tasks

1. In view of contributing to an efficient, high and uniform level of border control and return, the Agency shall perform the following tasks:

1. In view of contributing to an efficient, high and uniform level of border control and return, the Agency shall perform the following tasks:

1. In view of contributing to an efficient, high and uniform level of border control and return, the Agency shall perform the following tasks:

1. In view of contributing to an efficient, high and uniform level of border control and return, the Agency shall perform the following tasks:

(a) establish a monitoring and risk analysis centre with the capacity to monitor migratory flows and to carry out risk analysis as regards all aspects of integrated border management;

(a) establish a monitoring and risk analysis centre with the capacity to monitor migratory flows and to carry out risk analysis as regards all aspects of integrated border management;

(a) establish a moni toring an d risk

anal ysis centre with the c apacit y to monitor migratory flows and to carry out risk analysis as regards all aspects of integrated border management;

(a) establish a moni toring an d risk

anal ysis centre with the c apacit y to monitor migratory flows and to carry out risk analysis as regards all aspects of integrated border management;

(b) carry out a vulnerability assessment including the assessment of the capacity of Member States to

(b) carry out a vulnerability assessment including the assessment of the capacity and r eadi ness of

(b) carry out a vulnerability assessment including the assessment of the capacityand preparednessof

(b) carry out a vulnerability assessment including the assessment of the capacityand readinessof

 

face threats and pressures at the external borders;

Member States to face threats and pressures at the external borders;

Member States to face threats and

pressures challengesat the external borders;

Member States to face threats and

pressures challengesat the external borders;

   

(ba) ensure regular monitoring of the management of the external borders through liaison officers of the Agency in Member States;

(ba)monitor the management of

the external borders through liaison officers of the Agency in Member States;

(c) assist Member States in circumstances requiring increased technical and operational assistance at the external borders by coordinating and organising joint operations, taking into account that some situations may involve

humanitarian emergencies and rescue at sea;

(c) assist Member States in circumstances requiring increased technical and operational assistance at the external borders by coordinating and organising joint operations, taking into account that some situations may involve

humanitarian emergencies and rescue at sea;

(c) assist Member States in circumstances requiring increased technical and operational assistance at the external borders by coordinating and organising joint operations, taking into account that some situations may involve

humanitarian emergencies and rescue at seain accordance with Union

and international law;

(c) assist Member States in circumstances requiring increased technical and operational assistance at the external borders by coordinating and organising joint operations, taking into account that some situations may involve

humanitarian emergencies and rescue at seain accordance with Union and international law;

(d) assist Member States in circumstances requiring increased technical and operational assistance at the external borders, by launching rapid border interventions at the external borders of those Member States facing specific and disproportionate pressures, taking

into account that some situations may involve humanitarian emergencies and rescue at sea;

(d) assist Member States in circumstances requiring increased technical and operational assistance at the external borders, by launching rapid border interventions at the external borders of those Member States facing specific and disproportionate pressures, taking

into account that some situations may involve humanitarian emergencies and rescue at sea;

(d) assist Member States in circumstances requiring increased technical and operational assistance at the external borders, by launching rapid border interventions at the external borders of those Member States facing specific and disproportionate pressur e schallenges, taking into account that some situations may involve

humanitarian emergencies and rescue at seain accordance with Union

and international law;

d) assist Member States in circumstances requiring increased technical and operational assistance at the external borders, by launching rapid border interventions at the external borders of those Member States facing specific and disproportionate

pressures challenges, taking into account that some situations may involve humanitarian emergencies and rescue at seain accordance with Union and international law;

   

(da) provide technical and operational assistance to Member States and third countries, in the context of search and rescue

(da) in accordance with Regulation (EU) No 656/2014 and international law provide technical and operational assistance to Member States and

 

   

operations for persons in distress at sea in accordance with Regulation (EU) No 656/2014 and international law;

third countries, in contex t supportof search and rescue operations for persons in distress at seawhich may arise during border surveillance operations at sea;

(e) set up and deploy European Border and Coast Guard Teams, including a rapid reserve pool, that are to be deployed during joint operations and rapid border interventions and in the framework

of the migration management support teams;

(e) set up and deploy European Border and Coast Guard Teams, including a rapid reserve pool, that are to be deployed during joint operations and rapid border interventions and in the framework

of the migration management support teams;

(e) set up and deploy European Border and Coast Guard Teams, including a rapid res erve reaction pool, that are to be deployed during joint operations and rapid border interventions and in the framework

of the migration management support teams;

(e) set up and deploy European Borderand CoastGuard Teams, including a rapidreactionpool, that are to be deployed during joint operations and rapid border interventions and in the framework

of the migration management support teams;

(f) set up a technical equipment pool to be deployed in joint operations, rapid border interventions and in the framework of migration management support teams, as well as in return operations and return interventions;

(f) set up a technical equipment pool to be deployed in joint operations, rapid border interventions and in the framework of migration management support teams, as well as in return operations and return interventions;

(f) set up a technical equipment pool to be deployed in joint operations, rapid border interventions and in the framework of migration management support teams, as well as in return operations and return interventions;

(f) set up a technical equipment pool to be deployed in joint operations, rapid border interventions and in the framework of migration management support teams, as well as in return operations and return interventions;

 

(g) deploy European Border and Coast Guard Teams and technical equipment to provide assistance in screening, identification and fingerprinting in the framework of the migration management support teams at hotspot areas;

(g) deploy European Border and

Coast Guard Teams and technical equipment to provide assistance in screening, d ebriefin g, identification and fingerprinting in the framework of the migration management support teams at hotspot areas;

(g) deploy European Border and Coast Guard Teams and technical equipment to provide assistance in screening, identification and fingerprintingand establish mechanisms for the identification, provision of initial information to and onward referral of persons who are in need of, or wish to apply for, international protection in the framework of the migration management support teams at hotspot areas, in cooperation with the European Asylum Support Office (EASO) and national authorities;

(g)WithinIn the framework of the migration management support teams at hotspot areas:

 

(1) deploy European Borderand CoastGuard Teams and technical equipment to provide assistance in screening,debriefing,identification and fingerprinting.

 

(2) establish in cooperation with the European Asylum Support Office (EASO) and national authorities a procedure for the provision of initial information to and the referral of persons who are in need of, or wish to apply for, international protection;

(h) support the development of technical standards for equipment, especially for tactical level command, control and communication as well as technical surveillance to ensure

interoperability at Union and national level;

(h) support the development of technical standards for equipment, especially for tactical level command, control and communication as well as technical surveillance to ensure

interoperability at Union and national level;

(h) support the development of commontechnical standards for equipment, especially for tactical level command, control and communication as well as technical surveillance to ensure

interoperability at Union and national level;

(h) support the development of technical standards for equipment, especially for tactical level command, control and communication as well as technical surveillance to ensure

interoperability at Union and national level;

(i) deploy the necessary equipment and staff for the rapid reserve pool for the practical execution of the measures needed to be taken in a situation requiring urgent action at the external borders;

(i) deploy the necessary equipment and borde r gu ards and

other relev ant staff o ffor the rapid reserve pool for the practical execution of the measures needed to be taken in a situation requiring urgent action at the external borders;

(i) deploy the necessary equipment and staff for the rapid

reserv ereactionpool for the practical execution of the measures needed to be taken in a situation requiring urgent action at the external borders;

(i) deploy the necessary equipment and borde r gu ards and

other relev ant staff o f the rapid

reserv ereactionpool for the practical execution of the measures needed to be taken in a situation requiring urgent action at the external borders;

(j) assist Member States in

(j) assist Member States in

(j) assist Member States in

(j) assist Member States in

image

image

 

circumstances requiring increased technical assistance and operational assistance for implementing the obligation to return illegally staying third-country nationals, including through the coordination or organisation of return operations;

circumstances requiring increased technical assistance and operational assistance for implementing the obligation to return illegally staying third-country nationals, including through the coordination or organisation of return operations;

circumstances requiring increased technical assistance and operational assistance for implementing the obligation to return ille ga ll y

sta yin gthosethird-country nationals, who are the subject of return decisions issued by a Member State in accordance with Directive 2008/115/EC, including through the coordination or organisation of return operations;

circumstances requiring increased technical assistance and operational assistance for implementing the obligation to return ille ga ll y

sta yin gthosethird-country nationals, who are the subject of return decisions, including through the coordination or organisation of return operations;

   

(ja) support Member States in circumstances requiring increased technical and operational assistance at the external borders in the fight against organised cross-border crime and terrorism, in cooperation with Europol and Eurojust;

(ja) within the its respective mandates of the agencies concerned, cooperate withEuropol and Eurojustin their cooperat ion with

Mem ber St ates andprovide support to Member Statesin circumstances requiring increased technical and operational assistance at the external borders in the fight against organized cross-border crime and terrorism.

(k) set up pools of forced return monitors, forced return escorts and return specialists;

(k) set up pools of forced return monitors, forced return escorts and return specialists;

(k) set up pools of forced return monitors, forced return escorts and return specialists;

(k) set up pools of forced return monitors, forced return escorts and return specialists;

(l) set up and deploy European Return Intervention Teams during return interventions;

(l) set up and deploy European Return Intervention Teams during return interventions;

(l) set up and deploy European Return Intervention Teams during return interventions;

(l) set up and deploy European Return Intervention Teams during return interventions;

(m) assist Member States on training of national border guards and experts on return, including the establishment of common training standards;

(m) assist Member States on training of national border guards,

other relev ant staff and experts on return, including the establishment of common training standards;

(m) assist Member States on training of national border guards and experts on return, including the establishment of common training standards;

(m) assist Member States on training of national border guards,

other relev ant staff and experts on return, including the establishment of common training standards;

(n) participate in the development and management of research and

(n) participate in the development and management of research and

(n) monitor andparticipate in the development and management of

(n) participate in the development and management of research and

 

innovation activities relevant for the control and surveillance of external borders, including the use of advanced surveillance technology such as remotely piloted aircraft systems and develop pilot projects regarding matters covered by this Regulation;

innovation activities relevant for the control and surveillance of external borders, including the use of advanced surveillance technology

such as remot el y piloted aircr aft

s ystems and develop pilot projects regarding matters covered by this Regulation;

research and innovation activities relevant for the control and surveillance of external borders,

including the use o f adva nced

surveillance te chnolo g y such as

remot el y piloted aircr aft s ystems and develop pilot projects regarding matters covered by this Regulation;

innovation activities relevant for the control and surveillance of external borders, including the use of advanced surveillance technology

such as remot el y piloted aircr aft

s ystems and develop pilot projects regarding matters covered by this Regulation;

(o) develop and operate, in accordance with Regulation (EC) No 45/20011 and Framework

Decision 2008/977/JHA, information systems that enable swift and reliable exchanges of information regarding emerging risks at the management of the external borders, irregular immigration and return, in close cooperation with the Commission, Union agencies, bodies and offices as well as the European Migration Network established by Council

Decision 2008/381/EC;2

(o) develop and operate, in accordance with Regulation (EC) No 45/20013 and Framework

Decision 2008/977/JHA, information systems that enable swift and reliable exchanges of information regarding emerging risks at the management of the external borders, ir regular ille galimmigration and return, in close cooperation with the Commission, Union agencies, bodies and offices as well as the European Migration Network established by Council

Decision 2008/381/EC;4

(o) develop and operate, in accordance with Regulation (EC) No 45/200140 and Framework Decision 2008/977/JHA, information systems that enable swift and reliable exchanges of information regarding emerging risks at the management of the external borders, irregular

immigration migrationand return, in close cooperation with the Commission, Union agencies, bodies and offices as well as the European Migration Network established by Council Decision 2008/381/EC;

(o) develop and operate, in accordance with Regulation (EC) No 45/20015 and Framework

Decision 2008/977/JHA, information systems that enable swift and reliable exchanges of information regarding emerging risks at the management of the external borders, illegalimmigrationand return, in close coopeation with the Commission, Union agencies, bodies and offices as well as the European Migration Network established by

Council Decision 2008/381/EC;6

(p) provide the necessary assistance for the development and

(p) provide the necessary assistance for the development and

(p) provide the necessary assistance for the development and

(p) provide the necessary assistance for the development and

 

 

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Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

Council Decision 2008/381/EC of 14 May 2008 establishing a European Migration Network (OJ L 131, 21.5.2008, p. 7).

Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

Council Decision 2008/381/EC of 14 May 2008 establishing a European Migration Network (OJ L 131, 21.5.2008, p. 7).

Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

Council Decision 2008/381/EC of 14 May 2008 establishing a European Migration Network (OJ L 131, 21.5.2008, p. 7).

 

operation of a European border surveillance system and, as appropriate, to the development of a common information-sharing environment, including interoperability of systems, in particular by developing, maintaining and coordinating the Eurosur framework in accordance with Regulation (EU) No 1052/2013;

operation of a European border surveillance system and, as appropriate, to the development of a common information-sharing environment, including interoperability of systems, in particular by developing, maintaining and coordinating the Eurosur framework in accordance with Regulation (EU) No 1052/2013;

operation of a European border surveillance system and, as appropriate, to the development of a common information-sharing environment, including interoperability of systems, in particular by developing, maintaining and coordinating the Eurosur framework in accordance with Regulation (EU) No 1052/2013;

operation of a European border surveillance system and, as appropriate, to the development of a common information-sharing environment, including interoperability of systems, in particular by developing, maintaining and coordinating the Eurosur framework in accordance with Regulation (EU) No 1052/2013;

   

(pa) adopt and promote the highest standards for border management practices, allowing for transparency and public scrutiny and ensuring respect for and protection and promotion of fundamental rights and rule of law;

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(q) cooperate with the European Fisheries Control Agency and the European Maritime Safety Agency to support the national authorities carrying out coast guard functions by providing services, information, equipment and training, as well as by coordinating multipurpose operations;

(q) cooperate with the European Fisheries Control Agency and the European Maritime Safety Agency,

each within their mand ate, to support the national authorities carrying out coast guard functions, as set out in

Article 52, by providing services, information, equipment and training, as well as by coordinating multipurpose operations;

(q) cooperate with the European Fisheries Control Agency and the European Maritime Safety Agency, each within their mandate,to support the national authorities carrying out coast guard functions by providing services, information, equipment and training, as well as by coordinating multipurpose operations;

(q) cooperate with the European Fisheries Control Agency and the European Maritime Safety Agency,

each within their mand ate, to support the national authorities carrying out coast guard functions, as set out in

Article 52, by providing services, information, equipment and training, as well as by coordinating multipurpose operations;

 

(r) assist Member States and third countries in the context of operational cooperation between them in the fields of external border management and return.

(r) assist Member States and third countries in the context of operational cooperation between them in the fields of external border management and return.

(r) assist Member States and third countries in the context oftechnical andoperational cooperation between them int he fields of ex ternal border

mana gement and return matters covered by its activities and to the extent required for the fulfilment of its tasks;

(r) assist Member States and third countries in the context oftechnical andoperational cooperation between them in the fields of ex ternal border

mana gement and return matters covered by this Regulation,

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(ra) assist in sharing the information, equipment and all other capabilities of the European Fisheries Control Agency and the European Maritime Safety Agency, if their support is needed in order to perform specific tasks like, but not limited to, search and rescue.

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2. Member States may continue cooperation at an operational level with other Member States and/or third countries at external borders, including military operations on a law enforcement mission and in the field of return, where such cooperation is compatible with the action of the Agency. Member States shall refrain from any activity which could jeopardise the functioning of the Agency or the attainment of its objectives.

Member States shall report to the Agency on that operational cooperation with other Member States and/or third countries at the external borders and in the field of return. The Executive Director of the Agency (‘the Executive Director’) shall inform the Management Board of the Agency (‘the Management Board’) on those matters on a regular basis and at least once a year.

2. Member States may continue cooperation at an operational level with other Member States and/or third countries at external borders,

includingmilitar y op erati ons on a law

enforc ement mission and in the field of return, where such cooperation is

compatible with the action of the Agency. Member States shall refrain from any activity which could jeopardise the functioning of the Agency or the attainment of its objectives.

Member States shall report to the Agency on that operational cooperation with other Member States and/or third countries at the external borders and in the field of return. The Executive Director of the Agency (‘the Executive Director’) shall inform the Management Board of the Agency (‘the Management Board’) on those matters on a regular basis and at least once a year.

2. Member States may continue cooperation at an operational level with other Member Statesand/or thi rd

countries at ex ternal bord ers,

including militar y op erati ons on a

law enfor cement mission and in the

field of return , where such cooperation is compatible with the

actiontasksof the Agency. Member States shall refrain from any activity which could jeopardise the functioning of the Agency or the attainment of its objectives.

Member States shall report to the Agency on that operational cooperation with other Member States and/or third countries at the external borders and in the field of return. The Executive Director of the Agency (‘the Executive Director’) shall inform the Management Board of the Agency (‘the Management Board’) on those matters on a regular basis and at least once a year.

2. Member States may continue cooperation at an operational level with other Member States and/or third countries at ex terna l borders

includingmilitar y op erati ons on a law

enforc ement mi ssion and in the field

of return , where such cooperation is

compatible with thetasksof the Agency. Member States shall refrain from any activity which could jeopardise the functioning of the Agency or the attainment of its objectives.

Member States shall report to the Agency on that operational cooperation with other Member States and/or third countries at the external borders and in the field of return. The Executive Director of the Agency (‘the Executive Director’) shall inform the Management Board of the Agency (‘the Management Board’) on those matters on a regular basis and at least once a year.

3. The Agency may engage in communication activities on its own

3. The Agency may engage in communication activities on its own

3. The Agency m a y shall engage in communication activities on its

3.

(a) The Agency shall engage in

 

initiative in the fields within its mandate. Communication activities shall not be detrimental to the tasks referred to in paragraph 1 and shall be carried out in accordance with relevant communication and dissemination plans adopted by the Management Board.

initiative in the fields within its mandate. Communication activities shall not be detrimental to the tasks referred to in paragraph 1 and shall be carried out in accordance with relevant communication and dissemination plans adopted by the Management Board.

own ini tiative in the fields within its mandate.It shall provide the public with accurate and detailed information about its activities.

Communication activities shall not

be detrimental to the tasks referred to in paragraph 1 and in particular by revealing operational information which, if made public, would jeopardise attainment of the objective of operations.

Communication activitiesshall be carried out in accordance with relevant communication and dissemination plans adopted by the Management Board.

communication activities on its own initiative in the fields within its mandate. It shall provide the public with accurate and comprehensive information about its activities.

 

(b) Communication activities shall not be detrimental to the tasks referred to in paragraph 1, in particular by revealing operational information which, if made public, would jeopardise attainment of the objective of operations. Communication activities shall be carried outwithout prejudice to article 49and relevant communication and dissemination plans adopted by the Management Board.

SECTION 2 MONITORING AND CRISIS

PREVENTION

SECTION 2 MONITORING AND CRISIS

PREVENTION

SECTION 2 MONITORING AND CRISIS

PREVENTION

SECTION 2 MONITORING AND CRISIS

PREVENTION

Article 8

Duty to cooperate in good faith

Article 8

Duty to cooperate in good faith

Article 8

Duty to cooperate in good faith

Article 8

Duty to cooperate in good faith

The Agency and the national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, shall be subject to a duty to cooperate in good faith, and an obligation to exchange information.

The Agency and the national authorities which are responsible for border management and return , including coast guards to the extent that they carry out border control tasks, shall be subject to a duty to cooperate in good faith, and an obligation to exchange information.

The Agency and the national authorities which are responsible for border managementand for returns, including coast guards to the extent that they carry out border control tasks, shall be subject to a duty to cooperate in good faith, and an obligation to exchange information.

The Agency and the national authorities which are responsible for border management and return , including coast guards to the extent that they carry out border control tasks, shall be subject to a duty to cooperate in good faith, and an obligation to exchange information.

Article 9

Article 9

Article 9

Article 9

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General obligation to exchange information

Gener al obligation to Exchange of

information

General obligation to exchange information

Gener al obligation to exchange information

The national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, shall provide the Agency in a timely and accurate manner with all the information necessary for the Agency to perform the tasks conferred on it by this Regulation, in particular for the Agency to monitor the migratory flows towards and within the Union, to carry out risk analysis and to perform the vulnerability assessment.

In order to perform the tasks conferred on them by this Regulation, the national authorities which are responsible for border managementand return , including coast guards to the extent that they carry out border control tasks

andshall provide the Agency sh all in

accord anc e with relev ant Union and

national law shar e in a timely and accurate manner withall the information necessary for the Agency and th e relev ant national

authorities for that purpo se. to

perform the the t asks con ferr ed on it

b y thi s Re gulation, in par ticular for

the Agenc y to moni tor the migr ator y

flows towards and withi n the Union,

to carr y out risk an al ysis and to

perform the vulne rabilit y assessment.

ThePursuant to Article 4(3) of the Treaty on European Union, the national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, shall provide the Agency in a timely and accurate manner with all the information necessary for the Agency to perform the tasks conferred on it by this Regulation, in particular for the Agency to monitor the migratory flows towards and within the Union, to carry out risk analysisin accordance with Article 10 of this Regulationand to perform the vulnerability assessmentin accordance with Article 12 of this Regulation.

If the Agency is not provided with accurate and speedy information, it may take that fact into account when performing the vulnerability assessment, unless duly justified reasons are provided for withholding the data.

In order to perform the tasks conferred on them by this Regulation, in particular for the Agency to monitor the migratory flows towards and within the Union, to carry out risk analysis and to

perform the vulnerability assessment, the national authorities which are responsible for border management and return, including coast guards to the extent that they carry out border control tasks,and the Agencyshall,in

accord ance w ith this Regulation

and other relevant Union and

national law regardin g the

exch ange of inf ormatio n , share

provide the A gen c y in a timely and accurate manner with all the information necessary

Article 10

Monitoring of migratory flows and risk analysis

Article 10

Monitoring of migratory flows and risk analysis

Article 10

Monitoring of migratory flows and risk analysis

Article 10

Monitoring of migratory flows and risk analysis

1. The Agency shall establish a monitoring and risk analysis centre with the capacity to monitor

1. The Agency shall establish a monitoring and risk analysis centre with the capacity to monitor

1. The Agency shall establish a

moni toring and risk an alys is centr e

with the capa cit y to monitor

1. The Agency shall establish a

moni toring and risk an alys is centr e

with the capa cit y to monitor

image

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migratory flows towards and within the Union. For this purpose, the Agency shall develop a common integrated risk analysis model, which shall be applied by the Agency and the Member States.

migratory flows towards and within the Union. For this purpose, the Agency shall dev elop, in close

cooperation with the Me mber

States, b y a d ecision of th e

Mana gement Board, esta blish a common integrated risk analysis model, which shall be applied by the Agency and the Member States.

migratory flows towards and within the Unionand forecast situations, trends and other possible challenges at the external border of the Union. For this purpose, the Agency shall develop a common integrated risk analysis model, which shall be applied by the Agency and the Member States, and carry out the vulnerabilityassessment in accordance with Article 12.

migratory flows towards and within the Union, trends and other possible challenges at the external border of the Union. For this purpose, the Agency shall,by a decision of the Management Board based on a proposal of the Executive Director, establisha common integrated risk analysis model, which shall be applied by the Agency and the Member States, and carry out the vulnerabilityassessment in accordance with Article 12.

2. The Agency shall prepare general and tailored risk analyses and submit it to the Council and the Commission.

2. The Agency shall prepare general and tailored risk analyses and submit it to the Council and the Commission.

2. The Agency shall prepare general and tailored risk analyses and submit it themto theEuropean Parliament, theCouncil and the Commission.Where appropriate, such risk analyses shall be carried out in cooperation with other relevant Union agencies, such as

the EASO and Europol.

2. The Agency shall prepare general risk analyses, which shall be submitted to the European Parliament, the Council and the Commissioniaccordan ce w ith

article 49and tailored risk analyses for operational activities.

3. The risk analysis prepared by the Agency shall cover all aspects relevant to the European integrated border management, in particular border control, return, irregular secondary movements of third- country nationals within the Union, the prevention of cross-border crime including facilitation of irregular immigration, trafficking in human being and terrorism, as well as the situation in neighbouring third

3. The risk analysis prepared by the Agency, shall cover all aspects relevant to the European integrated border management with in its

mandate, in particular border control, return andir regular illegal secondary movements of third-country nationals within the Union,. tThe prevention of cross-border (mi gration) crime including facilitation of irre gularillegal immigration, trafficking in human beings and terrorism shall be

3. The risk analysis prepared by the Agency shall cover all aspects relevant to the European integrated border management, in particul ar

border control, retu rn , irregul ar

secondary m ovem ents of th ird -

coun try nationals with in th e Union ,

th e prevention of cross -border crim e

in cludin g facilitat ion of irr egular

immigration, traffickin g in human

bein g an d terrorism , as well as th e

situ ation in neigh bou ring th ird

3.The risk analysis prepared by the Agency shall cover all aspects relevant to the European integrated border managementwith a view to developing a pre-warning mechanism.

 

countries with a view to developing a pre-warning mechanism which analyses the migratory flows towards the Union.

taken int o account in so f ar rel evant

for the tasks of the A gen c y. , as well

as t The situation in neigh bouring

relevant third countries shall be taken

int o account with a view to developing a pre-warning mechanism which analyses the migratory flows towards the Union.

coun tri es with a view to developing a pre-warning mechanismwhich

anal ys es the mi grator y flows towards

the Union .

 

4. Member States shall provide the Agency with all necessary information regarding the situation, trends and possible threats at the external borders and in the field of return. Member States shall regularly or upon the request of the Agency provide it with all relevant information such as statistical and operational data collected in relation to the implementation of the Schengenacquisas well as information and intelligence derived from the analysis layer of the

national situational picture established in accordance with Regulation (EU) No 1052/2013.

4. Member States shall provide the Agency with all necessary information regarding the situation, trends and possible threats at the external borders and in the field of return. Member States shall regularly or upon the request of the Agency provide it with all relevant information such as statistical and operational data collected in relation to the implementation of the Schengen acquis as well as information and int ellige nce deriv ed from the analysis layer of the

national situational picture established in accordance with Regulation (EU) No 1052/2013.

4. Member States shall provide the Agency with all necessary information regarding the situation, trends and possible threats at the external borders and in the field of return. Member States shall regularly or upon the request of the Agency provide it with all relevant information such as statistical and operational data collected in relation to the implementation of the Schengen acquis as well as information and intelligence derived from the analysis layer of the

national situational picture established in accordance with Regulation (EU) No 1052/2013.

4. Member States shall provide the Agency with all necessary information regarding the situation, trends and possible threats at the external borders and in the field of return. Member States shall regularly or upon the request of the Agency provide it with all relevant information such as statistical and operational data collected in relation to the implementation of the Schengen acquis as well as information and int ellige nce deriv ed from the analysis layer of the

national situational picture established in accordance with Regulation (EU) No 1052/2013.

 

5. The results of the risk analysis shall be submitted to the Supervisory Board and to the Management Board.

5. The results of the risk analysis shall be submitted, in a timel y and

accur ate mann er , to the S upervisor y

Board and to the Management Board.

5. The results of the risk analysis shall be submitted to the

Supervisor yAdvisoryBoard and to the Management Board.

5. The results of the risk analysis shall be submitted, in a timel y and

accur ate mann er , to the S upervisor y

Board and to the Management Board.

6. Member States shall take results of the risk analysis into account when planning their operations and activities at the external borders as well as their activities with regard to return.

6. Member States shall take results of the risk analysis into account when planning their operations and activities at the external borders as well as their activities with regard to return.

6. Member States shall take results of the risk analysis into account when planning their operations and activities at the external borders borderas well as their activities with regard to return.

6. Member States shall take results of the risk analysis into account when planning their operations and activities at the external borders as well as their activities with regard to return.

7. The Agency shall incorporate the results of a common integrated risk analysis model in its development of the common core curricula for the training of border guards and of staff involved in return-related tasks.

7. The Agency shall incorporate the results of a common integrated risk analysis model in its development of the common core curricula for the training of border guards and of staff involved in return-related tasks.

7. The Agency shall incorporate the results of a common integrated risk analysis model in its development of the common core curricula for the training of border guards and of staff involvedin return -

related tasks .

7. The Agency shall incorporate the results of a common integrated risk analysis model in its development of the common core curricula for the training of border guards and of staff involved in return-related tasks.

Article 11

Liaison officers in Member States

Article 11

Liaison officers in Member States

Article 11

Liaison officers in Member States

Article 11

Liaison officers in Member States

1. The Agency shall ensure regular monitoring of the management of the external borders through liaison officers of the Agency in Member States.

1. The Agency shall ensure

re gular monitorin g of the management of the external borders,

if necessa r y through liaison officers of the Agency in Member States.

1. The Agency shall ensure regular monitoring of the management of the external borders through liaison officers of the Agency inallMemberStates.

1. The Agency shall ensure regular monitoring of the management of the external bordersof all MemberStatesthrough liaison officers of the Agency.

TheAgencymay decide that a liaison officer covers up tofour Member States which are geographically close to each other.

2. The Executive Director shall appoint experts from the staff of the Agency to be deployed as liaison officers. The Executive Director shall, based on risk analysis and in

2. The Ex ecutive Directo r shall

appoint ex perts from the staff of the

Agenc y to be d eplo ye d a s liaison

officers.

2. The Ex ecutive Directo r shall

2. The Executive Director shall appoint experts from the staff of the Agency to be deployed as liaison officers. The Executive Director shall, based on risk analysis and in

2. The Executive Director shall appoint experts from the staff of the Agency to be deployed as liaison officers. The Executive Director shall, based on risk analysis and in

image

 

consultation with the Management Board, determine the nature of the deployment, the Member State to which a liaison officer may be deployed and the duration of the deployment. The Executive Director shall notify the Member State concerned of the appointment and shall determine, together with the Member State, the location of deployment.

appoint ex perts from the staff of the

Agenc y to be d eplo ye d a s liaison

officers.

consultation with the Management Board, determine the nature of the deployment, the M ember State to

which a liaison offic er m a y b e

deplo ye d and the dur ation of the

deplo yment . The Executive Director shall notify the Member State concerned of the appointment and shall determine, together with the Member State, the location of deployment.

consultation with theconcerned Member StatesMn a ge ment Board make a proposaldete rmine onthe natureand modalitiesof the deployment, the Member Stateor regionto which a liaison officer may be deployedand possible tasks not covered by paragraph 3.The proposal from the Executive Director needs to be approved by the Management Board.The Executive Director shall notify the Member State concerned of the appointment and shall determine, together with the Member State, the location of deployment

 

2(a) The Ex ecutive Directo r he

Mana gement Board shall, based on a risk analysis and in cons ultation with

the Mana gement Boa rd nd on a

proposal of the Ex ecutive Directo r ;,

decide on det ermine the nature of the deployment, the Member State to which a liaison officer may be deployed and the duration of the deployment and notif y it s decisi ons

to the Member S tate con cerned . The Executive Director shalln otif y

consult the Member State concerned

of the appointment and s hall

determine, to gethe r with the Member

State, the location of dep lo yment. on

the nature and du ration o f the

deplo yment b efor e maki ng its

 

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proposal,and onthe tasks which are

not covered b y p aragraph 3.

   

3. The liaison officers shall act on behalf of the Agency and their role shall be to foster cooperation and dialogue between the Agency and the national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks. The liaison officers shall, in particular:

3. The liaison officers shall act on behalf of the Agency and their role shall be to foster cooperation and dialogue between the Agency and the national authorities which are responsible for border management

and return , including coast guards to the extent that they carry out border control tasks. The liaison officers shall, in particular:

3. The liaison officers shall act on behalf of the Agency and their role shall be to foster cooperation and dialogue between the Agency and the national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks. The liaison officers shall, in particular:

3. The liaison officers shall act on behalf of the Agency and their role shall be to foster cooperation and dialogue between the Agency and the national authorities which are responsible for border management

and return , including coast guards to the extent that they carry out border control tasks. The liaison officers shall, in particular:

(a) act as an interface between the Agency and the national authorities responsible for border management, including coast guards to the extent that they carry out border control tasks;

(a) act as an interface between the Agency and the national authorities responsible for border management, including coast guards to the extent that they carry out border control tasks;

(a) act as an interface between the Agency and the national authorities responsible for border management, including coast guards to the extent that they carry out border control tasks;

(a) act as an interface between the Agency and the national authorities responsible for border management, including coast guards to the extent that they carry out border control tasks;

   

(aa) support the collection of information required by the Agency for the monitoring of irregular migration and risk analyses referred in Article 10;

(aa) support the collection of information required by the Agency for the monitoring of illegalimmigration and risk analyses referred in Article 10;

(b) support the collection of information required by the Agency for carrying out the vulnerability assessment referred to in Article 12;

(b) support the collection of information, as provided for b y the

relevant Union le gisl atio n andrequired by the Agency for carrying out the vulnerability assessment referred to in Article 12;

(b) support the collection of information required by the Agency for carrying out the vulnerability assessment referred to in Article 12;

(b) support the collection of informationas referred to in Article 12 andrequired by the Agency for carrying out the vulnerability assessment referred to in Article 12;

(c) monitor the measures taken by the Member State at border sections to which a high impact level has been attributed in accordance with Regulation (EU) No 1052/2013;

(c) monitor the measures taken by the Member State at border sections to which a high impact level has been attributed in accordance with Regulation (EU) No 1052/2013;

(c) monitor the measures taken by the Member State at border sections to which a high impact level has been attributed in accordance with Regulation (EU) No 1052/2013;

(c) monitor the measures taken by the Member State at border sections to which a high impact level has been attributed in accordance with Regulation (EU) No 1052/2013;

 

   

(ca) observe and promote the application of the Union acquis relating to the management of external borders, including with regard to respect for fundamental rights and international protection;

(ca)obse rve and contribute to promote the application of the Union acquis relating to the management of external borders, including with regard to respect for fundamental rights and int ern ational p rotection ;

(d) assist the Member States in preparing their contingency plans;

(d) where possibl e and nec es sar yassist the Member States in preparing their contingency plans c oncernin g

border man a gement;

(d) assist the Member States in preparing their contingency plans;

(d) where possibl e assist the Member States in preparing their contingency plans con cer ning bord er

mana gement;

   

(da) facilitate the communication between the Member State and the Agency, share relevant information from the Agency with the Member State, including information about ongoing operations;

(da) facilitate the communication between the Member State and the Agency, share relevant information from the Agency with the Member State, including information about ongoing operations;

(e) report regularly to the Executive Director on the situation at the external border and the capacity of the Member State concerned to deal effectively with the situation at the external borders;

(e) report regularly to the Executive Director on the situation at the external border and the capacity of the Member State concerned to deal effectively with the situation at the external borders and on the

ex ecution of return ope rations

towards relev ant thi rd co untries. If

the report r aises conc erns about one

or more of thes e aspe cts relevant fo r

the Member S tate con cer ned, the

latter will be informed wi thout dela y

b y the Ex ecutive Dir ecto r.

(e) report regularly to the Executive Director on the situation at the external border and the capacity of the Member State concerned to deal effectively with the situation at the external borders;

(e) report regularly to the Executive Director on the situation at the external border and the capacity of the Member State concerned to deal effectively with the situation at the external borders and on the

ex ecution of return ope rations

towards relev ant thi rd co untries. If

the report r aises conc erns about one

or more of thes e aspe cts relevant fo r

the Member S tate con cer ned, the

latter will be informed wi thout dela y

b y the Ex ecutive Dir ecto r.

(f) monitor the measures taken by the Member State with regard to a situation requiring urgent action at the external borders as referred to in Article 18;

(f) monitor the measures taken by the Member State with regard to a situation requiring urgent action at the external borders as referred to in Article 18;

(f) monitor the measures taken by the Member State with regard to a situation requiring urgent action at the external borders as referred to in Article 18;

(f) monitor the measures taken by the Member State with regard to a situation requiring urgent action at the external borders as referred to in Article 18;

 

4. For the purposes of paragraph 3, the liaison officer shall,inter alia:

4. For the purposes of paragraph 3, the liaison officer shall, in

compliance with the nati onal and EU

securit y and dat a protecti on

rules, int er alia:

4. For the purposes of paragraph 3, the liaison officer shall, inter alia:

4. For the purposes of paragraph 3, the liaison officer shall, in

compliance with the nati onal and EU

securit y and dat a protecti on

rules, int er alia:

(a) have unlimited access to the national coordination centre and the national situational picture established in accordance with Regulation (EU) No 1052/2013;

(a) have unlimited rec eive

information from ac cess t o the national coordination centre and on the national situational picture established in accordance with Regulation (EU) No 1052/2013;

(a) have unlimited access to the national coordination centre and the national situational picture established in accordance with Regulation (EU) No 1052/2013;

(a) receiv e information from the national coordination centre and the national situational picture established in accordance with Regulation (EU) No 1052/2013;

(b) have access to national and European information systems available in the national coordination centre, on condition that he or she complies with the national and EU security and data protection rules;

(b) have a ccess to r elevant n ational

and Europe an informatio n s ystems

available in the national coordination

centre, on condition that he or she

complies with the nati onal and EU

securit y and dat a protecti on rules;

(b) have access, where necessary, to national and European information systems available in the national coordination centre, on condition that he or she complies with the national and EU security and data protection rules;

(b) have a ccess where

necessary, to national and European

information s ystems av ailable in the

national coordination cen tre, on

condition that he or she c omplies

with the national and EU securit y

and data prote ction rules;

(c) keep regular contacts with national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, whilst informing the head of the national coordination centre.

(c) keep regular contacts with national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, whilst informinga point of

contact desi gnated b y th e Member

State concern ed the he ad of the

national coordi nation cen tre.

(c) keep regular contacts with national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, whilst informing the head of the national coordination centre.

(c) keep regular contacts with national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, whilst informinga point of

contact desi gnated b y th e Member

State concern ed the he ad of the

national coordination cen tre .

5. The report of the liaison officer shall form part of the vulnerability assessment referred to in Article 12.

5. The final report of the liaison officer shall be taken int o

consideration when d rafti ng fo rm

part of the vulnerability assessment referred to in Article 12. The report

shall be sent to the Member State

concern ed.

5. The report of the liaison officer shall form part of the vulnerability assessmentasreferred to in Article 12.The report shall be transmitted to the Member State concerned.

5. The report of the liaison officer shall form part of the vulnerability assessmentasreferred to in Article 12.The report shall be transmitted to the Member State concerned.

 

6. In carrying out their duties, the liaison officers shall take instructions only from the Agency.

6. In carrying out their duties, the liaison officers shall r emain under

the responsi bilit y of tak e instructi ons

onl y from the Agency.

6. In carrying out their duties, the liaison officers shall take instructions only from the Agency.

6. In carrying out their duties, the liaison officers shall take instructions only from the Agency.

Article 12

Vulnerability assessment

Article 12

Vulnerability assessment

Article 12

Vulnerability assessment

Article 12

Vulnerability assessment

 

x . The a gen c y shall, b y deci sion

of the Management Bo ar d, establish

a common vulnerabilit y assessment

model.

 

-1. The Agency shall, by decision of the Management Board based on a proposal of the Executive Director, establish a common vulnerability assessment methodolog y, including objective criteriaagainst which the Agency shall carry out the vulnerability assessmentandthe frequency and modalities for

carrying out consecutive

vulnerability assessments on Member States.

1. The Agency shall assess the technical equipment, systems, capabilities, resources and contingency plans of the Member States regarding border control. That assessment shall be based on information provided by the Member State and by the liaison officer, on information derived from Eurosur, in particular the impact levels attributed to the external land and sea border sections of each Member State in accordance with Regulation (EU)

No 1052/2013, and on the reports and evaluations of joint operations, pilot projects, rapid border

1. The Agency shall assess thetechnical equipment, systems, capabilities, resources and if possible contingency plans of the Member States necessa r y for re ga rding border control. The Mana gemen t Board

shall approve obje ctive indi cators

based on which it shall d ecide on the

prioritisation of the Member State

that shoul d be assessed. That assessment shall be based on information provided by the Member State and wher e approp riate by the liaison officer, on information derived from Eurosur, in particular the impact levels attributed to the

1. TheAs a preventative measure complementary to the Schengen evaluation mechanism, theAgency shallassess , on a continuous basis, monitorthetechnical equipment,

s ystems, c apabilities, res ourcespreparednessand contingency plans of the Member Statese garding with regard toborder control.That

assessment shall be base d on

information provided b y the Member

State and b y th e liaison officer, on

information derived f rom Eurosur, in

particular the impa ct leve ls attributed

to the ex ternal land and s ea border

sections of ea ch Member State in

1. As a preventive measure

complementar y to the Sc hengen

evaluation mecha nism on the basis of the risk analysis prepared in accordance with Article 10(3), the Agency shallmonitor and assessat least once a yearunl ess theExecutive

Director, based on risk a ssessments

or a previous vulnerability

assessment, decides oth e rwise, the availability of the technical equipment, systems, capabilities, resources, infrastructure, adequately skilled and trained staff of Member States necessary for border control.

 

interventions and other activities of the Agency.

external land and sea border sections of each Member State in accordance with Regulation (EU) No 1052/2013, and on the reports and evaluations of joint operations, pilot projects, rapid border interventions and other activities of the Agency c oncernin g

border man a gement.

accord anc e with Re gulation (EU)

No 1052/2013, and on the reports

and evaluations of joi nt o perations,

pilot projects, rapid bord er

int erventions and other a ctivi ties of

the Agenc y.

The vulnerability assessment is intended to allow the Agency to assess the capacity and preparedness of Member States to tackle upcoming challenges, including present and future threats and pressures at the external borders, to identify, especially for those Member States facing specific and disproportionate pressures, possible immediate consequences at

the external borders and subsequent consequences on the functioning of the Schengen area, and to assess their capacity to contribute to the rapid reaction pool referred to in Article 19(5).

Elements to be monitored shall include the capacity to handle the potential arrival of large numbers of persons, many of whom may be in need of international protection, humanely and with full respect for fundamental rights, and the availability of technical equipment, systems, capabilities, resources, infrastructure and adequately skilled and trained personnel in

 

 

   

sufficient numbers.

On the basis of the risk analysis prepared in accordance with Article 10(3), the Executive Director shall present tothe Management Board a proposal for a decision laying down objective criteria against which the Agency shallcarry out the vulnerability assessment.The Management Board shall decide on the criteria based on this proposal.

 
   

1a. The vulnerability assessment shall be based on information provided by the Member State and by the liaison officer, on information derived from Eurosur, in particular the impact levels attributed to the land and sea sections of the external borders of each Member State in accordance with Regulation (EU) No 1052/2013, and on the reports and evaluations of joint operations, pilot projects, rapid border interventions and other activities of the Agency.

deleted

2. Member States shall, at the request of the Agency, provide information as regards technical equipment, staff and financial resources available at national level to carry out border control and they shall submit their contingency plans.

2. Member States shall, at the request of the Agency, provide information as regards technical equipment,staff and to th e ex tent

possibl financial resources available at national level to carry out border controland the y shallsub mit and

provide information on their contingency planson bor der

2. Member States shall, at the request of the Agency, provide information as regards technical equipment, staffand ,financial resourcesand the elements referred to in the third subparagraph of paragraph 1available at national level to carry out border control and they shall submit their contingency

2. Member States shall, at the request of the Agency, provide information as regards technical equipment,staff and to th e ex tent

possibl financial resources available at national level to carry out border controland the y shallsub mit and

provide information on their contingency planson bor der

 

 

mana gement.

plans.

mana gement.

3. The aim of the vulnerability assessment is for the Agency to assess the capacity and readiness of Member States to face upcoming challenges, including present and future threats and pressures at the external borders, to identify, especially for those Member States facing specific and disproportionate pressures, possible immediate consequences at the external borders and subsequent consequences on the functioning of the Schengen area, and to assess their capacity to contribute to the rapid reserve pool referred to in Article 19(5). That assessment is without prejudice to the Schengen evaluation mechanism.

3. The aim of the vulnerability assessment is for the Agency to assess the capacity and readiness of Member States to face upcoming challenges, including present and future threats and pressures at the external borders, to identify, especially for those Member States facing specific and disproportionate pressures, possible immediate consequences at the external borders and subsequent consequences on the functioning of the Schengen area, and to assess their capacity to contribute to the rapid reserve pool referred to in Article 19(5). That assessment is without prejudice to the Schengen evaluation mechanism.

3. The aim of the vulnerabilit y

assessment is for the A ge nc y to

assess the cap acit y and r e adiness of

Member States to f a ce up coming

challen ges, includin g pr e sent and

future thre ats and pressu r es at the

ex ternal borders, to ident if y,

especiall y for thos e Mem ber States

facin g spe cific and dispr oportionate

pressures, possibl e imme diate

consequenc es at the ex ternal borders

and subs equent cons eque nces on the

functioning of th e S chen gen area,

and to assess their c apaci t y to

contribute to the rapid r e serve pool

refe rred to in Articl e 19( 5). That

assessment is without prejudice to

the Schen gen ev aluation mechanism.

3. The aim of the vulnerability assessment is for the Agency to assess the capacity and readiness of Member States to face upcoming challenges, including present and future threats and pressures at the external borders, to identify, especially for those Member States facing specific and disproportionate pressures, possible immediate consequences at the external borders and subsequent consequences on the functioning of the Schengen area, and to assess their capacity to contribute to the rapid

reserv ereactionpool referred to in Article 19(5). That assessment is without prejudice to the Schengen evaluation mechanism.

 

In this assessment, the capacity to carry out all border management tasks including the capacity to deal with thepotential arrival of large numbers of persons man y of whom

may be in ne ed of int ernat ional

protection, shal l be taken int o

account.

4. The results of the vulnerability assessment shall be submitted to the Supervisory Board, which shall advise the Executive Director on the measures to be taken by the Member

4. The results of the vulnerability assessment shall be submitted to the

Member States conc ern e d

Supervisor y Boa rd, The Member

State concern ed ma y co mment on the

4. The results of the vulnerability assessment shall be submitted to the

Supervisor yAdvisoryBoard, which shall advise the Executive Director on the measures to be taken by the

4. The results of the vulnerability assessment shall be submitted to the

Member States conc ern e d

Supervisor y Boa rd, The Member

State concern ed ma y co mment on the

 

States based on the results of the vulnerability assessment, and taking into account the Agency’s risk analysis and the results of the Schengen evaluation mechanism.

assessment. which shall a dvise The Executive Director shall base on the measures to be recomme nded to the Member States concerned based on the results of the vulnerability assessment, and taking into account the Agency’s risk analysisthe

comments of the Membe r State

concern ed and the results of the Schengen evaluation mechanism.

Member States based on the results of the vulnerability assessment, and

taking into account the Agency’s risk analysis and the results of the Schengen evaluation mechanism.

assessm ent. which shall a dvise The Executive Director shall base on the measures to be recomme nded to the Member States concerned based on the results of the vulnerability assessment, and taking into account the Agency’s risk analysisthe

comments of the Membe r State

concern ed and the results of the Schengen evaluation mechanism.

 

5. These measu res shoul d b e

aimed at eliminating the

vulnerabilities identified in the

assessment in order for member

states to increas e their r e adiness to

face upomin g ch allen ges b y

enhancin g or improvin g t heir

capabilities, technic al eq uipment,

s ystems, resou rces and c ontingenc y

plans.

 

5. These measu res shoul d b e

aimed at eliminating the

vulnerabilities identified in the

assessm ent in order for member

states to increas e their r e adiness to

face upomin g ch allen ges b y

enhancin g or improvin g t heir

capabilities, technic al eq uipment,

s ystems, resou rces and c ontingenc y

plans.

image

image

 

5. The Executive Director shall adopt a decision setting out the necessary corrective measures to be taken by the Member State concerned, including by using resources under the Union financial instruments. The decision of the Executive Director shall be binding on the Member State and shall lay down the time-limit within which the measures are to be taken.

6. The Executive Director shall in

consultation with the Member State

concern ed, make a r ecom mendation

adopt a decisi on setting out the necessary cor rective measures to be taken by the Member State concernedincludin g the timelimit

withi n such measures sha ll be

implemented,.including by using

resourc es under th e Unio n financial

inst ruments. The Ex ecutive Directo r

shall invi te the Member S tates

concern ed to take the n ec essar y

measures. Th e decisi on o f the

Ex ecutive Director shall be binding

on the Member S tate and shall la y

down the time-limit within which the

measures a re to be t aken.

5. The Executive Director shall adopt a decision setting out the necessary corrective measures to be taken by the Member State concernedincluding by using resources under the Union financial instruments. The decision of the Executive Director shall be binding on the Member State and shall lay down the time-limit within which the measures are to be taken.

6. W hen necessar ythe Executive Director shall,in consulta tion with

the Member S tate con cer ned, make a

recommendation adopt a decisi onsetting out the necessary corrective measures to be taken by the Member State concernedincludin the

timelim it withi n such measures shall

be implemented ,.including by using

resourc es under th e Unio n financial

inst ruments. The Ex ecutive Directo r

shall invi te the Member S tates

concern ed to take the n ec essar y

measures. Th e decisi on o f the

Ex ecutive Director shall be binding

on the Member S tate and shall la y

down the time-limit within which the

measures a re to be t aken.

6. Where a Member State does not adopt the necessary corrective measures within the time-limit set, the Executive Director shall refer the matter to the Management Board and notify the Commission. The Management Board shall adopt a decision setting out the necessary corrective measures to be taken by the Member State concerned,

including the time-limit within which such measures shall be taken. If the Member State does not take the measures within the time-limit foreseen in that decision, further action may be taken by the

7. Where a Member State does not adoptimplement the necessary

corre ctive measures of th e

recommendation within the time- limit set, the Executive Director shall refer the matter to the Management Board and notify the Commission.

The Management Board shall adopt a decisionon a proposal of the

Ex ecutive Director setting out the necessary cor rective measures to be taken by the Member State concerned, including the time-limit within which such measures shall be

taken implemented.

The decision of the Management

6. Where a Member State does not adopt the necessary corrective measures within the time-limit set, the Executive Director shall refe r the

matter to notifythe Management Board andnotif y the Commission.

The Mana gement Bo ard shall adopt a

decision setting out the n ecessa r y

corre ctive measu res to be taken b y

the Member S tate con cer ned,

including the time -limit within which

such measures sh all be ta ken. If the

Member State does not ta ke the

measures withi n the ti me -limit

forese en in that decision,

furtherFurtheraction may be taken

7. Where a Member State does not adopt implement the necessary

corre ctive measures of th e

recommendation within the time- limit set, the Executive Director shall refer the matter to the Management Board and notify the Commission.

The Management Board shall adopt a decisionon a proposal of the

Ex ecutive Director setting out the necessary cor rective measures to be taken by the Member State concerned, including the time-limit within which such measures shall be

taken implemented.

The decision of the Management

 

Commission in accordance with Article 18.

Board shall be binding on the Member State. If the Member State does not take implement the measures within the time-limit foreseen in that decision, the Management Board shall notify the Council and the Commission and further action may be taken b y th e

Commiss ion in accordance with Article 18 of this Regulation.

by the Commission in accordance with Article 18.

Board shall be binding on the Member State. If the Member State does not take implement the measures within the time-limit foreseen in that decision, the Management Board shall notify the Council and the Commission and further action may be taken b y th e

Commiss ion in accordance with Article 18 of this Regulation.

   

6a. The results of the vulnerability assessment shall be transmitted on a regular basis and at least every six months to the European Parliament and the Council.

6a. The results of the vulnerability assessment shall be transmitted,in

accord anc e with article 4 9, on a regular basis and at leastever y six

mont hsonce a yea r to the European Parliament and the Council and the

Commiss ion.

SECTION 3

EXTERNAL BORDER MANAGEMENT

SECTION 3

EXTERNAL BORDER MANAGEMENT

SECTION 3

EXTERNAL BORDER MANAGEMENT

SECTION 3

EXTERNAL BORDER MANAGEMENT

Article 13

Actions by the Agency at the external borders

Article 13

Actions by the Agency at the external borders

Article 13

Actions by the Agency at the external borders

Article 13

Actions by the Agency at the external borders

1. Member States may request the Agency for assistance in implementing their obligations with regard to the control of the external borders. The Agency shall also carry out measures as referred to in Article 18.

1. Member Statemay request the Agency for assistance in implementing their its obligations with regard to the control of the external borders. The Agency shall also carry out measures n

accord anc e with in Article 18.

1. Member States may request the Agency for assistance in implementing their obligations with regard to the control of the external borders. The Agency shall also carry out measures as referred to in Article 18.

1. Member Statemay request the Agency for assistance in implementing their its obligations with regard to the control of the external borders. The Agency shall also carry out measures n

accord anc e with in Article 18.

2. The Agency shall organise the appropriate technical and operational assistance for the host Member State and it may take one or more of the following measures:

2. The Agency shall organise the appropriate technical and operational assistance for the host Member State and it may take one or more of the following measures:

2. The Agency shall organise the appropriate technical and operational assistance for the host Member State and it may,acting in accordance with the relevant Union and

2. The Agency shall organise the appropriate technical and operational assistance for the host Member State and it may,acting in accordance with the relevant Union and

 

   

international law, including the principle of non-refoulement,take one or more of the following measures:

international law, including the principle of non-refoulement,take one or more of the following measures:

(a) coordinate joint operations for one or more Member States and deploy European Border and Coast Guard Teams;

(a) coordinate joint operations for one or more Member States and deploy European Border and

Coast Guard Teams;

(a) coordinate joint operations for one or more Member States and deploy European Border and Coast Guard Teams;

(a) coordinate joint operations for one or more Member States and deploy European Border and Coast Guard Teams;

(b) organise rapid border interventions and deploy European Border and Coast Guard Teams from the rapid reserve pool, and additional European Border and Coast Guards Teams as appropriate;

(b) organise rapid border interventions and deploy European Border and C oast Guard Teams from the rapid reserve pool, and additional European Border and Co ast Guard Teams as appropriate;

(b) organise rapid border interventions and deploy European Border and Coast Guard Teams from the rapid res ervereactionpool, and additional European Border and Coast Guards Teams as appropriate;

(b) organise rapid border interventions and deploy European Border and Coast Guard Teams from the rapid res erve reactionpool, and additional European Border and Coast Guards Teams as appropriate;

(c) coordinate activities for one or more Member States and third countries at the external borders, including joint operations with neighbouring third countries;

(c) coordinate activities for one or more Member States and third countries at the external borders, including joint operations with neighbouring third countries;

(c) coordinate activities for one or more Member States and third countries at the external borders, including joint operations with neighbouring third countries;

(c) coordinate activities for one or more Member States and third countries at the external borders, including joint operations with neighbouring third countries;

(d) deploy European Border and Coast Guard Teams in the framework of the migration management support teams at hotspot areas;

(d) deploy European Border and

Coast Guard Teams in the framework of the migration management support teams at hotspot areas;

(d) deploy European Border and Coast Guard Teams in the framework of the migration management support teams at hotspot areas;

(d) deploy European Border and Coast Guard Teams in the framework of the migration management support teams at hotspot areas;

 

   

(da) provide technical and operational assistance to Member States and third countries, in the context of search and rescue operations for persons in distress at sea in accordance with Regulation (EU) No 656/2014 and international law;

(da)within the framework of operations mentioned in (a), (b) and

(c) and in accordance with Regulation (EU) No 656/2014 and international law, provide technical and operational assistance to

Member States and third countries, in the contex t supportof search and rescue operations for persons in distress at seawhich may arise during border surveillance operations at sea;

(e) deploy its own experts as well as members of the teams who had been seconded by the Member States to the Agency to support the competent national authorities of the Member States involved for the appropriate duration;

(e) deploy its own experts as well as members of the teams who had been seconded by the Member States to the Agency to support the competent national authorities of the Member States involved for the appropriate duration;

(e) deploy its own experts as well as members of the teams who had been seconded by the Member States to the Agency to support the competent national authorities of the Member States involved for the appropriate duration;

(e) deploy its own experts as well as members of the teams who had been seconded by the Member States to the Agency to support the competent national authorities of the Member States involved for the appropriate duration;

(f) deploy technical equipment.

(f) deploy technical equipment.

(f) deploy technical equipment.

(f) deploy technical equipment.

3. The Agency shall finance or co-finance the activities set out in paragraph 2 with grants from its budget in accordance with the financial rules applicable to the Agency.

3. The Agency shall finance or co-finance the activities set out in paragraph 2 with grants from its budget in accordance with the financial rules applicable to the Agency.

3. The Agency shall finance or co-finance the activities set out in paragraph 2 with grants from its budgetand through contractsin accordance with the financial rules applicable to the Agency.

3. The Agency shall finance or co-finance the activities set out in paragraph 2 with grants from its budget in accordance with the financial rules applicable to the Agency.

   

3a. If there is an increased financial need due to a situation at the external borders, the Agency shall inform the European Parliament, the Council and the Commission thereof without delay.

3a. If the Agency has substantial additional financial needs due to a situation at the external borders, the Agency shall inform the European Parliament, the Council and the Commission thereof without delay.

image

 

Article 14

Initiating joint operations and rapid border interventions at the external borders

Article 14

Initiating joint operations and rapid border interventions at the external borders

Article 14

Initiating joint operations and rapid

border int erv entions at the external borders

Article 14

Initiating joint operations and rapid border interventions at the external borders

1. Member States may request the Agency to launch joint operations to face upcoming challenges, including present or future threats at the external borders resulting from irregular immigration or cross-border crime, or to provide increased technical and operational assistance when implementing their obligations with regard to the control of the external borders.

1. A Member States may request the Agency to launch joint operations to face upcoming challenges, including present or future threats at

its the external border resulting from

irre gularillegal immigration or cross- border crime, or to provide increased technical and operational assistance when implementing their obligations with regard to the control of the external borders.

1. Member States may request the Agency to launch joint operations to face upcoming challenges, including

resulting f rom irre gula r

immigration irregular migration, present or future threats at the external borders or cross-border crime,such as the criminal smuggling of persons, trafficking in human beings and terrorism, or to provide increased technical and operational assistance when implementing their obligations with regard to the control of the external borders.

1. A Member State may request the Agency to launch joint operations to face upcoming challenges, including resulti n g from irre gular

immigrationillegalimmigration, present or future threats at the external borders or cross-border crime, su ch as th e crim inal

smu ggling of person s, traffickin g in

hum an bein gs and terrorism or to provide increased technical and operational assistance when implementing their obligations with regard to the control of the external borders.

2. At the request of a Member State faced with a situation of specific and disproportionate pressures, especially the arrival at

points of the external borders of large numbers of third-country nationals trying to enter the territory of that Member State illegally, the Agency may deploy a rapid border intervention for a limited period of time on the territory of that host Member State.

2. At the request of a Member State faced with a situation of specific and disproportionate pressures , especially the arrival at

points of the external borders of large numbers of third-country nationals trying to cross the ex ternal

bordersente r the ter ritor y of that Member State illegally, the Agency may deploy a rapid border intervention for a limited period of time on the territory of that host Member State.

deleted

2. At the request of a Member State faced with a situation of specific and disproportionate pressures, especially the arrival at points of the external borders of large numbers of third- country nationals trying to enter the territory of that Member State unauthorised, the Agency may deploy a rapid border intervention for a limited period of time on the territory of that host Member State.

3. The Executive Director shall evaluate, approve and coordinate

3. The Executive Director shall evaluate, approve and coordinate

3. The Executive Director shall evaluate, approve and coordinate

3. The Executive Director shall evaluate, approve and coordinate

 

proposals for joint operations made by Member States. Joint operations and rapid border interventions shall be preceded by a thorough, reliable and up-to-date risk analysis, thereby enabling the Agency to set an order of priority for the proposed joint operations and rapid border interventions, taking into account the impact level to external border sections in accordance with Regulation (EU) No 1052/2013 and the availability of resources.

proposals for joint operations made by Member States. Joint operations and rapid border interventions shall be preceded by a thorough, reliable and up-to-date risk analysis, thereby enabling the Agency to set an order of priority for the proposed joint operations and rapid border interventions, taking into account the impact level to external border sections in accordance with Regulation (EU) No 1052/2013 and the availability of resources.

proposals for joint operations made by Member States. Joint operations

and rapid bord er int erv en tions shall be preceded by a thorough, reliable and up-to-date risk analysis, thereby enabling the Agency to set an order of priority for the proposed joint operations and r apid bor der

int erventions taking into account the impact level to external border sections in accordance with Regulation (EU) No 1052/2013 and the availability of resources.

proposals for joint operations made by Member States. Joint operations and rapid border interventions shall be preceded by a thorough, reliable and up-to-date risk analysis, thereby enabling the Agency to set an order of priority for the proposed joint operations and rapid border interventions, taking into account the impact level to external border sections in accordance with Regulation (EU) No 1052/2013 and the availability of resources.

4. The Executive Director shall, on the advice of the Supervisory Board based on the results of the vulnerability assessment, and taking into account the Agency’s risk analysis and the analysis layer of the European situational picture established in accordance with Regulation (EU) No 1052/2013, recommend to the Member State concerned to initiate and carry out joint operations or rapid border interventions. The Agency shall put its technical equipment at the disposal of the host or participating Member States.

4. The Executive Director shall,

on the advice of th e S upe rvisor y

Board based on the results of the vulnerability assessment, and taking into account the Agency’s risk analysis and the analysis layer of the European situational picture established in accordance with Regulation (EU) No 1052/2013, recommend to the Member State concerned to initiate and carry out joint operations or rapid border interventions. The Agency shall put its technical equipment at the disposal of the host or participating Member States.

4. The Executive Director shall, on the advice of the

Supervisor yAdvisoryBoard based on the results of the vulnerability assessment, and taking into account the Agency’s risk analysis and the analysis layer of the European situational picture established in accordance with Regulation (EU) No 1052/2013, recommend to the Member State concerned to initiate and carry out joint operationsor rapid

border int erv entions . The Agency shall put its technical equipment at the disposal of the host or participating Member States.

4. The Executive Director shall,

on the advice of th e S upe rvisor y

Board based on the results of the vulnerability assessment, and taking into account the Agency’s risk analysis and the analysis layer of the European situational picture established in accordance with Regulation (EU) No 1052/2013, recommend to the Member State concerned to initiate and carry out joint operations or rapid border interventions. The Agency shall put its technical equipment at the disposal of the host or participating Member States.

5. The objectives of a joint operation or rapid border intervention may be achieved as part of a multipurpose operation which may involve the rescue of persons in

5. The objectives of a joint operation or rapid border intervention may be achieved as part of a multipurpose operation which may involve coast guard functions

5. The objectives of a joint operation or r apid border

int erventions may be achieved as part of a multipurpose operation which may involve the rescue of persons in

5. The objectives of a joint operation or rapid border intervention may be achieved as part of a multipurpose operation which may involve coast guard functions

 

distress at sea or other coast guard functions, the fight against migrant smuggling or trafficking in human beings, drug trafficking control operations, and migration management including identification, registration, debriefing and return.

the rescu e of pe rsons indi stress at sea

or other co ast gu ard fun c tions and

prevention ofc ross borde r crime

preventionincluding the fight against migrant smuggling or trafficking in human beingsdru g

traffickin g cont rol operat ions, and migration management including identification, registration, debriefing and return.

distress at sea or other coast guard functions, the fight againstmigrant the criminalsmugglingof persons, trafficking in human beings, drug trafficking control operations,in cooperation with Europol, and migration management including identification, registration, debriefing and return.

the rescu e of pe rsons indi stress at sea

or other co ast gu ard fun c tions and

prevention ofc ross borde r crime

preventionincluding the fight against migrant smugglingor trafficking in human beingsdru g

traffickin g cont rol operat ions, and migration management including identification, registration, debriefing and return.

Article 15

Operational plan for joint operations

Article 15

Operational plan for joint operations

Article 15

Operational plan for joint operations

Article 15

Operational plan for joint operations

1. In preparation of a joint operation the Executive Director, in cooperation with the host Member State, shall draw up a list of technical equipment and staff needed taking into account the host Member State’s available resources. On the basis of those elements, the Agency shall define a package of operational and technical reinforcement as well as capacity building activities to be included in the operational plan.

1. In preparation of a joint operation the Executive Director, in cooperation with the host Member State, shall draw up a list of technical equipment and staff needed taking into account the host Member State’s available resources. On the basis of those elements, the Agency shall define a package of operational and technical reinforcement as well as capacity building activities to be included in the operational plan.

1. In preparation of a joint operation the Executive Director, in cooperation with the host Member State, shall draw up a list of technical equipment and staff needed taking into account the host Member State’s available resources. On the basis of those elements, the Agency shall define a package of operational and technical reinforcement as well as capacity building activities to be included in the operational plan.

1. In preparation of a joint operation the Executive Director, in cooperation with the host Member State, shall draw up a list of technical equipment and staff needed taking into account the host Member State’s available resources. On the basis of those elements, the Agency shall define a package of operational and technical reinforcement as well as capacity building activities to be included in the operational plan.

2. The Executive Director shall draw up an operational plan for joint operations at the external borders. The Executive Director and the host Member State, in consultation with the participating Member States, shall agree on the operational plan detailing the organisational aspects of the joint operation.

2. The Executive Director shall draw up an operational plan for joint operations at the external borders. The Executive Director and the host Member State, in consultation with the participating Member States, shall agree on the operational plan detailing the organisational and

procedur al aspects of the joint operation.

2. The Executive Director shall draw up an operational plan for joint operations at the external borders. The Executive Director and the host Member State, in consultation with the participating Member States, shall agree on the operational plan detailing the organisational aspects of the joint operation.

2. The Executive Director shall draw up an operational plan for joint operations at the external borders. The Executive Director and the host Member State, in consultation with the participating Member States, shall agree on the operational plan detailing the organisational and

procedur al aspects of the joint operation.

 

3. The operational plan shall be binding on the Agency, the host Member State and the participating Member States. It shall cover all aspects considered necessary for carrying out the joint operation, including the following:

3. The operational plan shall be binding on the Agency, the host Member State and the participating Member States. It shall cover all aspects considered necessary for carrying out the joint operation, including the following:

3. The operational plan shall be binding on the Agency, the host Member State and the participating Member States. It shall cover all aspects considered necessary for carrying out the joint operation, including the following:

3. The operational plan shall be binding on the Agency, the host Member State and the participating Member States. It shall cover all aspects considered necessary for carrying out the joint operation, including the following:

(a) a description of the situation, with modus operandi and objectives of the deployment, including the operational aim;

(a) a description of the situation, withmodus operandiand objectives of the deployment, including the operational aim;

(a) a description of the situation, with modus operandi and objectives of the deployment, including the operational aim;

(a) a description of the situation, withmodus operandiand objectives of the deployment, including the operational aim;

(b) the foreseeable duration of the joint operation;

(b) the foreseeable duration of the joint operation;

(b) the foreseeable duration of the joint operation;

(b) the foreseeable duration of the joint operation;

(c) the geographical area where the joint operation will take place;

(c) the geographical area where the joint operation will take place;

(c) the geographical area where the joint operation will take place;

(c) the geographical area where the joint operation will take place;

(d) a description of the tasks and special instructions for the European Border and Coast Guard Teams, including on permissible consultation of databases and permissible service weapons, ammunition and equipment in the host Member State;

(d) a description of the tasks and special instructions for the European Border and co ast Guard Teams, including on permissible consultation of databases and permissible service weapons, ammunition and equipment in the host Member State;

(d) a description of the tasks responsibilitiesand special instructions for the European Border and Coast Guard Teams, including on permissible consultation of databases and permissible service

weapons, ammunition and equipment in the host Member State;

(d) a description of the tasks, responsibilities, including with regard to the respect for fundamental rights,and special instructions for the European Border and Coast Guard Teams, including on permissible consultation of databases and permissible service

weapons, ammunition and equipment in the host Member State;

   

(da) a description of the fundamental rights implications and risks of the joint operation;

deleted

(e) the composition of the European Border and Coast Guard Teams as well as the deployment of other relevant staff;

(e) the composition of the European Border and coa st Guard Teams as well as the deployment of other relevant staff;

(e) the composition of the European Border and Coast Guard Teams as well as the deployment of other relevant staff;

(e) the composition of the European Border and CoastGuard Teams as well as the deployment of other relevant staff;

(f) command and control provisions, including the names and

(f) command and control provisions, including the names and

(f) command and control provisions, including the names and

(f) command and control provisions, including the names and

 

ranks of the border guards of the host Member State responsible for cooperating with the members of the teams and the Agency, in particular the names and ranks of those border guards who are in command during the period of deployment, and the place of the members of the teams in the chain of command;

ranks of the border guards of the host Member State responsible for cooperating with the members of the teams and the Agency, in particular the names and ranks of those border guards who are in command during the period of deployment, and the place of the members of the teams in the chain of command;

ranks of the border guards of the host Member State responsible for cooperating with the members of the teams and the Agency, in particular the names and ranks of those border guards who are in command during the period of deployment, and the place of the members of the teams in the chain of command;

ranks of the border guards of the host Member State responsible for cooperating with the members of the teams and the Agency, in particular the names and ranks of those border guards who are in command during the period of deployment, and the place of the members of the teams in the chain of command;

(g) the technical equipment to be deployed during the joint operation, including specific requirements such as conditions for use, requested crew, transport and other logistics, and financial provisions;

(g) the technical equipment to be deployed during the joint operation, including specific requirements such as conditions for use, requested crew, transport and other logistics, and financial provisions;

(g) the technical equipment to be deployed during the joint operation, including specific requirements such as conditions for use, requested crew, transport and other logistics, and financial provisions;

(g) the technical equipment to be deployed during the joint operation, including specific requirements such as conditions for use, requested crew, transport and other logistics, and financial provisions;

(h) detailed provisions on immediate incident reporting by the Agency to the Management Board and to relevant nationalpublic authorities;

(h) detailed provisions on immediate incident reporting by the Agency to the Management Board and to relevant nationalpublic authorities;

(h) detailed provisions on immediate incident reporting by the Agency to the Management Board and to relevant nationalpublic authorities;

(h) detailed provisions on immediate incident reporting by the Agency to the Management Board and to relevant nationalpublic authorities;

(i) a reporting and evaluation scheme containing benchmarks for the evaluation report and final date of submission of the final evaluation report;

(i) a reporting and evaluation scheme containing benchmarks for the evaluation report and final date of submission of the final evaluation report;

(i) a reporting and evaluation scheme containing benchmarks for the evaluation report,including with regard to the protection of fundamental rights,and final date of submission of the final evaluation report;

(i) a reporting and evaluation scheme containing benchmarks for the evaluation report, including with regard to the protection of fundamental rights,and final date

of submission of the final evaluation report;

(j) regarding sea operations, specific information on the application of the relevant jurisdiction and legislation in the geographical area where the joint operation takes place, including references to international and Union

(j) regarding sea operations, specific information on the application of the relevant jurisdiction and legislation in the geographical area where the joint operation takes place, including references to national, international

(j) regarding sea operations, specific information on the application of the relevant jurisdiction and legislation in the geographical area where the joint operation takes place, including references to international and Union

(j) regarding sea operations, specific information on the application of the relevant jurisdiction and legislation in the geographical area where the joint operation takes place, including references to national, international

 

law regarding interception, rescue at sea and disembarkation. In that regard the operational plan shall be established in accordance with Regulation (EU) No 656/2014 of the European Parliament and of the Council;1

and Union law regarding interception, rescue at sea and disembarkation. In that regard the operational plan shall be established in accordance with Regulation (EU) No 656/2014 of the European Parliament and of the Council;2

law regarding interception, rescue at sea and disembarkation. In that regard the operational plan shall be established in accordance with Regulation (EU) No 656/2014 of the European Parliament and of the Council;3

and Union law regarding interception, rescue at sea and disembarkation. In that regard the operational plan shall be established in accordance with Regulation (EU) No 656/2014 of the European Parliament and of the Council;4

(k) modalities of cooperation with third countries, other Union agencies, bodies andoffices or international organisations;

(k) modalities of cooperation with third countries, other Union agencies, bodies and offices or international organisations;

(k) modalities of cooperation with third countries, other Union agencies, bodies andoffices or international organisations;

(k) modalities of cooperation with third countries, other Union agencies, bodies and offices or international organisations;

(l) procedures setting out a referral mechanism whereby persons in need of international protection, victims of trafficking in human beings, unaccompanied minors and persons in a vulnerable situation are directed to the competent national authorities for appropriate assistance;

(l) procedures setting out a r efer ral

mechanism whereby persons in need of international protection, victims of trafficking in human beings, unaccompanied minors and persons in a vulnerable situation are directed to the competent national authorities for appropriate assistance;

(l) procedures setting out a referral mechanism whereby persons in need of international protection, victims of trafficking in human beings, unaccompanied minors and persons in a vulnerable situation are directed to the competent national authorities for appropriate assistance;

(l) procedures whereby persons in need of international protection, victims of trafficking in human beings, unaccompanied minors and persons in a vulnerable situation are directed to the competent national authorities for appropriate assistance;

(m) procedures setting out a mechanism to receive and transmit to

(m) procedures setting out a mechanism to receive and transmit to

(m) procedures setting out a mechanism to receive and transmit to

(m) procedures setting out a mechanism to receive and transmit to

 

 

image

Regulation (EU) No 656/2014 of the European Parliament and of the Council of 15 May 2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Members States of the European Union (OJ L 189, 27.6.2014, p. 93).

Regulation (EU) No 656/2014 of the European Parliament and of the Council of 15 May 2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Members States of the European Union (OJ L 189, 27.6.2014, p. 93).

Regulation (EU) No 656/2014 of the European Parliament and of the Council of 15 May 2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Members States of the European Union (OJ L 189, 27.6.2014, p. 93).

Regulation (EU) No 656/2014 of the European Parliament and of the Council of 15 May 2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Members States of the European Union (OJ L 189, 27.6.2014, p. 93).

 

the Agency a complaint against border guards of the host Member State and members of the European Border and Coast Guard Teams alleging breaches of fundamental rights in the context of the joint operation or rapid border intervention.

the Agency a complaint againstall

persons participati n g in a joi nt

operation or r apid border

int ervention, including border guards

or other rel evant staf f of the host Member State and members of the European Border and C o ast Guard Teams alleging breaches of fundamental rights in the context of their parti cipation in a joint operation or rapid border intervention.

the Agency a complaint against border guards of the host Member State and members of the European Border and Coast Guard Teams alleging breaches of fundamental rights in the context of the joint operation or rapid border intervention.

the Agency a complaint againstall

persons participati n g in a joi nt

operation or r apid border

int ervention, including border guards

or other rel evant staf f of the host Member State and members of the European Border and CoastGuard Teams alleging breaches of fundamental rights in the context of their parti cipation in a joint operation or rapid border intervention.

 

(n) logist ical arrangements

including information on working

conditions and the enviro nment of

the area whe re the joi nt o perations

are fo rese en.

 

(n) logist ical arrangements

including information on working

conditions and the enviro nment of

the area whe re the joi nt o perations

are fo rese en.

4. Any amendments to or adaptations of the operational plan shall require the agreement of the Executive Director and the host Member State, after consultation of the participating Member States. A copy of the amended or adapted operational plan shall immediately be sent by the Agency to the participating Member States.

4. Any amendments to or adaptations of the operational plan shall require the agreement of the Executive Director and the host Member State, after consultation of the participating Member States. A copy of the amended or adapted operational plan shall immediately be sent by the Agency to the participating Member States.

4. Any amendments to or adaptations of the operational plan shall require the agreement of the Executive Director and the host Member State, after consultation of the participating Member States. A copy of the amended or adapted operational plan shall immediately be sent by the Agency to the participating Member States.

4. Any amendments to or adaptations of the operational plan shall require the agreement of the Executive Director and the host Member State, after consultation of the participating Member States. A copy of the amended or adapted operational plan shall immediately be sent by the Agency to the participating Member States.

Article 16

Procedure for launching a rapid border intervention

Article 16

Procedure for launching a rapid border intervention

Article 16

Procedure for launching a rapid border intervention

Article 16

Procedure for launching a rapid border intervention

   

-1. At the request of a Member State faced with a situation of specific and disproportionate pressures, especially the arrival at points of the external borders of

deleted

 

   

large numbers of third-country nationals trying to enter the territory of that Member State irregularly,

the Agency may deploy a rapid border intervention for a limited period of time on the territory of that host Member State.

 

1. A request by a Member State to launch a rapid border intervention shall include a description of the situation, possible aims and

envisaged needs. If required, the Executive Director may immediately send experts from the Agency to assess the situation at the external borders of the Member State concerned.

1. A request by a Member State to launch a rapid border intervention shall include a description of the situation, possible aims and

envisaged needs. If required, the Executive Director may immediately send experts from the Agency to assess the situation at the external borders of the Member State concerned.

1. A request by a Member State to launch a rapid border intervention shall include a description of the situation, possible aims and

envisaged needs. If required, the Executive Director may immediately send experts from the Agency to assess the situation at the external borders of the Member State concerned.

1. A request by a Member State to launch a rapid border intervention shall include a description of the situation, possible aims and

envisaged needs. If required, the Executive Director may immediately send experts from the Agency to assess the situation at the external borders of the Member State concerned.

2. The Executive Director shall immediately inform the Management Board of a Member State’s request to launch a rapid border intervention.

2. The Executive Director shall immediately inform the Management Board of a Member State’s request to launch a rapid border intervention.

2. The Executive Director shall immediately inform the Management Board of a Member State’s request to launch a rapid border intervention.

2. The Executive Director shall immediately inform the Management Board of a Member State’s request to launch a rapid border intervention.

3. When deciding on the request of a Member State, the Executive Director shall take into account the findings of the Agency’s risk analyses and the analysis layer of the European situational picture established in accordance with Regulation (EU) No 1052/2013 as well as the outcome of the vulnerability assessment referred to in Article 12 and any other relevant information provided by the Member State concerned or another Member

3. When deciding on the request of a Member State, the Executive Director shall take into account the findings of the Agency’s risk analyses and the analysis layer of the European situational picture established in accordance with Regulation (EU) No 1052/2013 as well as the outcome of the vulnerability assessment referred to in Article 12 and any other relevant information provided by the Member State concerned or another Member

3. When deciding on the request of a Member State, the Executive Director shall take into account the findings of the Agency’s risk analyses and the analysis layer of the European situational picture established in accordance with Regulation (EU) No 1052/2013 as well as the outcome of the vulnerability assessment referred to in Article 12 and any other relevant information provided by the Member State concerned or another Member

3. When deciding on the request of a Member State, the Executive Director shall take into account the findings of the Agency’s risk analyses and the analysis layer of the European situational picture established in accordance with Regulation (EU) No 1052/2013 as well as the outcome of the vulnerability assessment referred to in Article 12 and any other relevant information provided by the Member State concerned or another Member

 

State.

State.

State.

State.

4. The Executive Director shall take a decision on the request for launching a rapid border intervention within two working days from the date of the receipt of the request. The Executive Director shall simultaneously notify the Member State concerned and the Management Board in writing of the decision. The decision shall state the main reasons on which it is based.

4. The Executive Director shall take a decision on the request for launching a rapid border intervention within two working days from the date of the receipt of the request. The Executive Director shall simultaneously notify the Member State concerned and the Management Board in writing of the decision. The decision shall state the main reasons on which it is based.

4. The Executive Director shall take a decision on the request for launching a rapid border intervention within two working days from the date of the receipt of the request. The Executive Director shall simultaneously notify the Member State concerned and the Management Board in writing of the decision. The decision shall state the main reasons on which it is based.

4. The Executive Director shall take a decision on the request for launching a rapid border intervention within two working days from the date of the receipt of the request. The Executive Director shall simultaneously notify the Member State concerned and the Management Board in writing of the decision. The decision shall state the main reasons on which it is based.

5. If the Executive Director decides to launch a rapid border intervention, he or she shall deploy European Border and Coast Guard Teams from the rapid reserve pool in accordance with Article 19(5), and where necessary, he or she shall decide on the immediate reinforcement by one or more European Border and Coast Guard Teams, in accordance with Article 19(6).

5. If the Executive Director decides to launch a rapid border intervention, he or she shall deploy European Border and coa st Guard Teams from the rapid reserve pool in accordance with Article 19(5), and where necessary, he or she shall decide on the immediate reinforcement by one or more European Border and coa st Guard Teams, in accordance with Article 19(6).

5. If the Executive Director decides to launch a rapid border intervention, he or she shall deploy European Border and Coast Guard Teams from the rapid

reserv ereactionpool in accordance with Article 19(5), and where necessary, he or she shall decide on the immediate reinforcement by one or more European Border and Coast Guard Teams, in accordance with Article 19(6).

5. If the Executive Director decides to launch a rapid border intervention, he or she shall deploy European Borderand CoastGuard Teams from the rapid reservereactionpool in accordance with Article 19(5)and the rapid reaction equipment pool in accordance with article 38(3a), and where necessary, he or she shall decide on the immediate reinforcement by one or more European Border and Coast Guard Teams, in accordance with Article 19(6).

6. The Executive Director together with the host Member State shall draw up an operational plan as referred to in Article 15(3) immediately and in any event no later than three working days from the date of the decision.

6. The Executive Director together with the host Member State shall draw up an operational plan as referred to in Article 15(3) immediately and in any event no later than three working days from the date of the decision.

6. The Executive Director together with the host Member State shall draw up an operational plan as referred to in Article 15(3) immediately and in any event no later than three working days from the date of the decision.

6. The Executive Director together with the host Member State shall draw up an operational plan as referred to in Article 15(3) immediately and in any event no later than three working days from the date of the decision.

 

7. As soon as the operational plan has been agreed upon, the Executive Director shall request the Member States to immediately deploy the border guards that form part of the rapid reserve pool. The Executive Director shall indicate the profiles and numbers of border guards, required from each Member State from among those identified in the existing rapid reserve pool.

7. As soon as the operational plan has been agreed upon an d provided

to the Member S tates, the Executive Director shall request in writing the Member States to immediately deploy the border guards or other

relevant staf f that form part of the rapid reserve pool. The Executive Director shall indicate the profiles and numbers of border guards or

other relev ant staff , required from each Member State from among those identified in the ex isting rapid reserve pool.

7. As soon as the operational plan has been agreed upon, the Executive Director shall request the Member States to immediately deploy the border guards that form part of the rapid rese rvereactionpool. The Executive Director shall indicate the profiles and numbers of border guards, required from each Member State from among those identified in the existing rapid rese rve reaction pool.

7. As soon as the operational plan has been agreed upon an d provided

to the Member S tates, the Executive Director shall request in writing the Member States to immediately deploy the border guards or other

relevant staf f that form part of the rapid rese rve reactionpool. The Executive Director shall indicate the profiles and numbers of border guards or other relev ant staff , required from each Member State from among those identified in the

ex ist ing rapid reserv ereactionpool.

8. In parallel, and where necessary, to secure the immediate reinforcement of the European Border and Coast Guard Teams

deployed from the rapid reserve pool, the Executive Director shall inform the Member States of the requested number and profiles of border guards which are to be additionally deployed. This information shall be provided, in writing to the national contact points and shall indicate the date on which the deployment is to take place. A copy of the operational plan shall also be provided to them.

8. In parallel, and where necessary, to secure the immediate reinforcement of the European Border and C oast Guard Teams

deployed from the rapid reserve pool, the Executive Director shall inform the Member States of the requested number and profiles of border guards

or other rel evant staf f which are to be additionally deployed. This information shall be provided, in writing to the national contact points and shall indicate the date on which the deployment is to take place. A copy of the operational plan shall

also be provided to them.

8. In parallel, and where necessary, to secure the immediate reinforcement of the European Border and Coast Guard Teams deployed from the rapid

reserv ereactionpool, the Executive Director shall inform the Member States of the requested number and profiles of border guards which are to be additionally deployed. This information shall be provided, in writing to the national contact points and shall indicate the date on which the deployment is to take place. A copy of the operational plan shall also be provided to them.

8. In parallel, and where necessary, to secure the immediate reinforcement of the European Border and CoastGuard Teams deployed from the rapid

reserv ereactionpool, the Executive Director shall inform the Member States of the requested number and profiles of border guards or other

relevant staf f which are to be additionally deployed. This information shall be provided, in writing to the national contact points and shall indicate the date on which the deployment is to take place. A copy of the operational plan shall also be provided to them.

9. If the Executive Director is absent or indisposed, the decisions related to the deployment of the rapid

9. If the Ex ecutive Director is

absent or indi spos ed, the decisi ons

related to the deplo yment of the rapid

9. If the Executive Director is absent or indisposed, the decisions related to the deployment of the rapid

deleted

image

image

image

image

 

reserve pool and any additional deployment of European Border and Coast Guard Teams shall be taken by the Deputy Executive Director.

reserv e pool and an y add itional

deplo yment of Europe an Borde r and

Coast Guard Te ams shall be taken b y

the Deput y Ex ecutive Director.

reserv ereactionpool and any additional deployment of European Border and Coast Guard Teams shall be taken by the Deputy Executive Director.

 

10. Member States shall ensure

that the border guards assigned to the rapid reserve pool are immediately and without exception made

available to the Agency. Member States shall also make additional border guards available for the deployment of European Border and Coast Guard Teams at the request of the Agency, unless they are faced with an exceptional situation substantially affecting the discharge of national tasks.

10. Member States shall ensure that the number and profiles of the border guards or other rel evant staff assigned to the rapid reserve pool are immediately and without ex ception made available to the Agency in

accord anc e with article 1 9(5) and

(5b). Member States shall also make additional border guards and other

relevant staf f av ailable from the national pool in accordance with article 19(6). avail able fo r the

deplo yment of Europe an Borde r and

Coast Guard Te ams at the request of

the Agenc y unless the y a re faced

with an ex ceptional situation

subs tantiall y af fectin g th e dischar ge

of national tasks.

10. Member States shall ensure

that the border guards assigned to the rapid rese rvereactionpool are immediately and without exception made available to the Agencyto guarantee a complete deployment within three working days after the date on which the operational plan is agreed. Member States shall also make additional border guards available for the deployment of European Border and Coast Guard Teams at the request of the Agency, unless they are faced with an exceptional situation substantially affecting the discharge of national tasks.

10. Member States shall ensure that the number and profiles of the border guards or other relevant staff assigned to the rapid reserve reactionpool are immediately and without exception made available to the Agencyto guarantee a complete deploymentin accordance with

article 19(5) and (5b). Member States shall also make additional border guards and other relevant staff available from the national pool in accordance with article 19(6).

11. Deployment of the rapid reserve pool shall take place no later than three working days after the date on which the operational plan is agreed between the Executive Director and the host Member State. Additional deployment of European

Border and Coast Guard Teams, shall take place where necessary, within five working days of the deployment of the rapid reserve pool.

11. Deployment of the rapid reserve pool shall take place no later than threefiv e working days after the date on which the operational plan is agreed between the Executive Director and the host Member State. Additional deployment of European

Border and Coast Guard Teams, shall take place where necessary, within

five seven working days of the deployment of the rapid reserve pool.

11. Deployment of the rapid

reserv ereactionpool shall take place no later than three working days after the date on which the operational plan is agreed between the Executive Director and the host Member State. Additional deployment of European

Border and Coast Guard Teams, shall take place where necessary, within five working days of the deployment of the rapid r eserv e reactionpool.

11. Deployment of the rapid

reserv ereactionpool shall take place no later than thre e five working days after the date on which the operational plan is agreed between the Executive Director and the host Member State. Additional deployment of European Border and CoastGuard Teams, shall take place where necessary, within f ive seven working days of the deployment of

 

     

the rapid res erve reactionpool.

 

12. In case th e rapid r eserv e pool is

deplo ye d, the Ex ecutive Director

shall, in consultation with the

Mana gement Board, im mediatel y

consider the priorit ies wi th regard to

the Agenc y's on goin g an d forese en

joi nt operations at other e x ternal

borders in orde r to provi de for

possibl e reallocation of r esources to

the areas of ex ternal bord ers whe re a

strength ened deplo yment is most

needed.

 

12. In case th e rapid

reserv ere action pool is deplo ye d, the

Ex ecutive Director shall, in

consultation with the Management

Board, immediat el y cons ider the

priorities with regard to t he A genc y's

ongoin g and fores een joi nt

operations at other ex ternal borders

in order to provide fo r po ssible

reallocation of resour ces to the areas

of ex ternal borders wher e a

strength ened deplo yment is most

needed.

Article 17

Migration management support teams

Article 17

Migration management support teams

Article 17

Migration management support teams

Article 17

Migration management support teams

1. Where a Member State faces disproportionate migratory pressures at particular hotspot areas of its external border characterised by large influxes of mixed migratory flows, that Member State may request the operational and technical reinforcement by migration management support teams. That Member State shall submit a request for reinforcement and an assessment of its needs to the Agency and other

relevant Union Agencies in particular the European Asylum Support Office and Europol.

1. Where a Member State faces disproportionate migratory pressures at particular hotspot areas of its external border characterised by large influxes of mixed migratory flows, that Member State may request the operational and technical reinforcement by migration management support teams. That Member State shall submit a request for reinforcement and an assessment of its needs to the Agency. The

Agenc y shall inform theo ther

relevant Union A gencies and in

particular the Eu ropea n As ylum

Support Office and Euro pol .

1. Where a Member State faces disproportionate migratory pressures at particular hotspot areas of its external border borderscharacterised by large influxes of mixed migratory flows, that Member State may request the operational and technical reinforcement by migration management support teams. That Member State shall submit a request for reinforcement and an assessment of its needs to the Agency and other

relevant Union Agencies in particular

the European As ylum Su pport

OfficeEASOand Europol.

1. Where a Member State faces disproportionate migratory pressures at particular hotspot areas of its external borderborderscharacterised by large influxes of mixed migratory flows, that Member State may request the operational and technical reinforcement by migration management support teams. That Member State shall submit a request for reinforcement and an assessment of its needs to the Agencyand other

relevant Union Agencies in particular

the European As ylum Su pport

OfficeE ASOand Europol.

2. The Executive Director, in

2. The Executive Director, in

2. The Executive Director, in

2. The Executive Director, in

 

coordination with other relevant Union Agencies, shall assess the request for assistance of a Member State and the assessment of its needs for the purpose of defining a comprehensive reinforcement package consisting of various activities coordinated by the relevant Union Agencies to be agreed upon by the Member State concerned.

coordination with other relevant Union Agencies, shall assess the request for assistance of a Member State and the assessment of its needs for the purpose of defining a comprehensive reinforcement package consisting of various activities coordinated by the relevant Union Agencies to be agreed upon by the Member State concerned.

coordination with other relevant Union Agencies, shall assess the request for assistance of a Member State and the assessment of its needs for the purpose of defining a comprehensive reinforcement package consisting of various activities coordinated by the relevant Union Agencies to be agreed upon by the Member State concerned.

coordination with other relevant Union Agencies, shall assess the request for assistance of a Member State and the assessment of its needs for the purpose of defining a comprehensive reinforcement package consisting of various activities coordinated by the relevant Union Agencies to be agreed upon by the Member State concerned.

 

2a. The Commiss ion shall, in

cooperation with the host Member

State, the Agenc y and the other

relevant Union A gencies and in

particular the Eu ropea n As ylum

Support Office and Euro pol,

establish the modali ties of

cooperation at the hotspo t area,

including on the coo rdination of the

activities of the migr ation

mana gement support te a ms.

2a. The Commission shall be responsible for coordinating swift cooperation between the different agencies and migration management support teams.

2a. The Commission shall, in cooperation with the host member state and the relevant agencies, establish the modalities of cooperation at the hotspot area and be responsible for the coordination of the activities of the migration management support teams.

 

3. The operational and technical reinforcement provided by the European Border and Coast Guard Teams, the European Return Intervention Teams and experts from the Agency’s staff in the framework of the migration management support teams, may include:

3. The operational and technical reinforcement provided by the European Border and C o ast Guard Teams, the European Return Intervention Teams and experts from the Agency’s staff in the framework of the migration management support teams, may include:

3. The operational and technical reinforcement provided by the European Border and Coast Guard Teams, the European Return Intervention Teams and experts from the Agency’s staff in the framework of the migration management support teams, may include:

3. The operational and technical reinforcement provided by the European Border and CoastGuard Teams, the European Return Intervention Teams and experts from the Agency’s staff in the framework of the migration management support teams, may include:

(a) the screening of third-country nationals arriving at the external borders, including the identification, registration, and debriefing of those third-country nationals and, where requested by the Member State, the fingerprinting of third-country nationals;

(a) the screening of third-country nationals arriving at the external borders, including the identification, registration, and debriefing of those third-country nationals and, where requested by the Member State, the fingerprinting of third-country nationals;

(a)providing assistance inthe screening of third-country nationals arriving at the external borders, including the identification, registration, and debriefing of those third-country nationals and, where requested by the Member State, the fingerprinting of third-country nationalsin full respect for fundamental rights and providing information regarding the purpose and outcome of all procedures;

(a)providing assistance inthe screening of third-country nationals arriving at the external borders, including the identification, registration, and debriefing of those third-country nationals and, where requested by the Member State, the fingerprinting of third-country nationalsin full respect for fundamental rights and providing information regarding the purpose of these procedures;

(b) the provision of information to persons in clear need of international protection or to applicants or potential applicants for relocation;

(b) the provision of information to persons in clear need of international protection, including o rto applicants

or potential applicants to persons

eligibl e for relocation;

(b) the provision of informat ion to

persons in clear need o f int ernational

protection or to applicant s or

potential applicants for r elocation;

deleted

   

(ba) the referral of persons who wish to apply for international protection to asylum experts of the national authorities of the Member State concerned or EASO;

(ba) the referral of and provisi on of

ini tial information to persons who wish to apply for international protection to as ylum ex perts of the competent national authorities of the Member State concerned or EASO;

(c) technical and operational assistance in the field of return, including the preparation and

(c) technical and operational assistance in the field of return, including the preparation and

(c) technical and operational assistance in the field of return, including the preparation and

(c) technical and operational assistance in the field of return, including the preparation and

 

organisation of return operations.

organisation of return operations.

organisation of return operations.

organisation of return operations.

   

3a. Migration management support teams shall include experts in child protection, trafficking in human beings, protection against gender-based persecution and fundamental rights.

3a. Migration management support teams shall, where n ec es sar y, include staff with expertise in child protection, trafficking in human beings, protection against gender- based persecution and/or

fundamental rights.

4. The Agency shall assist the Commission in the coordination of the activities of the migration management support teams, in cooperation with the other relevant Union Agencies.

4. The A genc y sh all assist the

Commiss ion in the coordination of

the activities of the migration

mana gement support te a ms, in

cooperation with the othe r relev ant

Union Agencies.

4. The Agency shall assist the Commission in the coordination of the activities of the migration management support teams, in cooperation with the other relevant Union Agencies.

deleted

   

4a. The Agency, in cooperation with EASO, the Fundamental Rights Agency and other relevant Union agencies and under the coordination of the Commission,

shall ensure the compliance of those activities with the Common European Asylum System and fundamental rights. This includes the provision of shelter, hygienic conditions and facilities respecting the needs of women and children in the hotspot areas.

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Article 18

Situation at the external borders requiring urgent action

Article 18

Situation at the external borders requiring urgent action

Article 18

Situation at the external borders requiring urgent action

Article 18

Situation at the external borders requiring urgent action

1. Where a Member State does not take the necessary corrective measures in accordance with a decision of the Management Board referred to in Article 12(6) or in the event of disproportionate migratory pressure at the external border, rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area, the Commission, after consulting the Agency, may adopt a decision by means of an implementing act, identifying the measures to be implemented by the Agency and requiring the Member State concerned to cooperate with the Agency in the implementation of those measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 79(2).

On duly justified imperative grounds of urgency relating to the functioning of the Schengen area, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 79(5)

1. Where a Member State does not take the necessary co rrective measures in accordance with a decision of the Management Board

referred to in Article 12(8) or in the event of a sp ecific anddisproportionate migratory pressure at the external border wh ere a

Member State has not r e quested the

Agenc y fo r suffici ent support b y

means of a cti ons as mentioned in

Articles 14, 16 or 17 or i s not taking

the necess ar y a ctions for the

implementation of these measures ,

thus , rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area, the Coun cil based on

a proposal from the Com mission , may adopt without dela y a decision by means of an implementing act, identifying the measures that shoul d

mitigate these risks to be implemented by the Agency and requiring the Member State concerned to cooperate with the Agency in the implementation of those measures. Th e c Co mmiss ion

shall consult the Agenc y before

making its proposal. Thos e

1. Where a Member State does not take the necessary corrective measures in accordance with a decision of the Mana gem ent Boa rd referred to in Article 12(5)or in the event of disproportionate migratory pressure at the external border rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen areaas an area without internal border control,the Commission, after consulting the Agency, may adopt a

decision b y me ans of an present to the Council a proposal for an implementing act decision, identifying the measures to be implemented by the Agency and requiring the Member State concerned to cooperate with the Agency in the implementation of those measures. Thos e That implementing acts decisionshall be adopted in ac cordan ce wi th the

ex amination procedure r e ferr ed to in

Article 79(2)by the Council with a qualified majority vote.

The Council shall meet immediately following receipt of the Commission proposal.

1. Where a Member State does not take the necessary co rrective measures in accordance with a decision of the Management Board

referred to in Article 12(8) or in the event of a sp ecific anddisproportionate migratory pressure at the external border wh ere a

Member State has not r e quested the

Agenc y fo r suffici ent support b y

means of a cti ons as mentioned in

Articles 14, 16 or 17 or i s not taking

the necess ar y a ctions for the

implementation of these measures ,

thus , rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area, the Coun cil based on

a proposal from the Com mission , may adopt without dela y a decision by means of an implementing act, identifying the measures that shoul d

mitigate these risks to be implemented by the Agency and requiring the Member State concerned to cooperate with the Agency in the implementation of those measures. Th e c Co mmiss ion

shall consult the Agenc y before

making its proposal.

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implementing acts shall be adopted

in accord ance with the ex amination

procedur e refer red to in Article

79(2).

On dul y justified imperat ive groun ds

of ur genc y relatin g to the functioning

of the Schen gen area, the

Commiss ion shall adopt immediatel y

appli cable implementing acts in

accord anc e with the proc edure

refe rred to in Articl e 79( 5).

   
   

1a. If a situation requiring urgent action arises, the European Parliament shall be informed of that situation without delay and shall be informed of all subsequent

measures and decisions taken in response.

1a. If a situation requiring urgent action arises, the European Parliament shall be informed of that situation without delay and shall be informed of all subsequent

measures and decisions taken in response.

2. For the purposes of paragraph 1, the Commission shall provide for one or more of the following measures to be taken by the Agency:

2. In o rder to mitigate the ri sk of

putting in jeopard y the S chen gen

area For the purposes of paragraph 1, the decisionCommiss ion shall provide for one or more of the following measures to be taken by the Agency:

2. For the purposes of paragraph 1, the Commission shall provide for one or more of the following measures to be taken by the Agency:

2. In o rder to mitigate the ri sk of

putting in jeopard y the S chen gen

area For the purposes of paragraph 1, the decision Commiss ion shall provide for one or more of the following measures to be taken by the Agency:

(a) organise and coordinate rapid border interventions and deploy European Border and Coast Guard Teams from the rapid reserve pool, and additional European Border and Coast Guards Teams as appropriate;

(a) organise and coordinate rapid border interventions and deploy European Border and Co ast Guard Teams from the rapid reserve pool, and additional European Border and

Coast Guards Teams as appropriate;

(a) organise and coordinate rapid border interventions and deploy European Border and Coast Guard Teams from the rapid

reserv ereactionpool, and additional European Border and Coast Guards Teams as appropriate;

(a) organise and coordinate rapid border interventions and deploy European Border and Coast Guard Teams from the rapidres erve reactionpool, and additional European Border and CoastGuards Teams as appropriate;

(b) deploy European Border and Coast Guard Teams in the framework

(b) deploy European Border and

Coast Guard Teams in the framework

(b) deploy European Border and Coast Guard Teams in the framework

(b) deploy European Border and Coast Guard Teams in the framework

 

of the migration management support teams at hotspot areas;

of the migration management support teams at hotspot areas;

of the migration management support teams at hotspot areas;

of the migration management support teams at hotspot areas;

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(c) coordinate activities for one or more Member States and third countries at the external borders, including joint operations with neighbouring third countries;

(c) coordinate activities for one or more Member States and third countries at the external borders, including joint operations with neighbouring third countries;

(c) coordinate activities for one or more Member States and third countries at the external borders, including joint operations with neighbouring third countries;

(c) coordinate activities for one or more Member States and third countries at the external borders, including joint operations with neighbouring third countries;

(d) deploy technical equipment;

(d) deploy technical equipment;

(d) deploy technical equipment;

(d) deploy technical equipment;

(e) organise return interventions.

(e) organise return interventions.

(e) organise return interventions.

(e) organise return interventions.

3. The Executive Director shall, within two working days from the date of adoption of the Commission decision, and on the advice of the Supervisory Board, determine the actions needed to be taken for the practical execution of the measures identified in the Commission decision, including the technical equipment as well as the number and profiles of the border guards and other relevant staff needed to meet the objectives of that decision.

3. The Executive Director shall, within two working days from the date of adoption of the

Commiss ionCouncil decision, and on

the advice of th e Supervi sor y Boa rd , determine the actions needed to be taken for the practical execution of the measures identified in the

Commiss ionCouncil decision, including the technical equipment as well as the number and profiles of the border guards and other relevant

staff needed to meet the objectives of that decision.

3. The Executive Director shall, within two working days from the date of adoption of the

Commiss ionCouncildecision, and on the advice of the

Supervisor yAdvisoryBoard,

determine the a ctions nee ded to be

taken for th e p ractic al ex ecution of

the measures identifi ed in the

Commiss ion decisi on, includi ng the

technical equipment as w ell as the

number and pro files of the border

gua rds and othe r relev ant staff

needed to me et the object ives of that

decis i on .:

3. The Executive Director shall, within two working days from the date of adoption of the

Commiss ionCouncil decision, and on

the advice of th e Supervi sor y Boa rd ,

determine the a ctions nee ded to be

taken for the p ractic al ex ecution of

the measures identifi ed in the

Commis sion Council decision,

including the te chnical e quipment as

well as the number and p rofiles of

the border gu ards and oth er rel evant

staff need ed to meet the objectives of

that decisi on .

   

(a) determine the actions needed to be taken for the practical execution of the measures identified in the Commission decision, including the technical equipment as well as the number and profiles of the border guards and other relevant staff needed to meet the objectives of that decision;

(a) determine the actions needed to be taken for the practical execution of the measures identified in the Council decision, including the technical equipment as well as the number and profiles of the border guards and other relevant staff needed to meet the objectives of that decision;

   

(b) submit a draft operational plan to the Member State concerned.

(b)draw up an subm it a dr af t

operational plan and p ro vide it to the

Member States conc ern e d.

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4. In parallel and within the same two working days, the Executive Director shall submit a draft operational plan to the Member State concerned. The Executive Director and the Member State concerned shall draw up the operational plan within two working days from the date of its submission.

4. In parallel and within the same two working days, the Executive Director shall dr aw up an subm it a

draft operational plan an d provide it

to the Member S tates con cerned to

the Member S tate con cer ned . The Executive Director and the Member State concern ed shall gr ee on the

operational plan dr aw up the

operational plan within two three working days from the date of its submission.

4. In p arallel and withi n the same

two working d a ys, the E x ecutive

Director shall subm it a dr aft

operational plan to the M ember State

concern ed.The Executive Director and the Member State concerned shall draw up agree uponthe operational plan within two working days from the date of its submission.

4. In p arallel and withi n the same

two working d a ys, the E x ecutive

Director shall dr aw up an subm it a

draft oper ational plan an provide it

to the Member S tates con cerned to

the Member S tate con cer ned . The Executive Director and the Member State concern ed shall gr ee on the

operational plan dr aw up the

operational plan within two three working days from the date of its submission.

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5. The Agency shall, without delay and in any case within three working days from establishment of the operational plan, deploy the necessary technical equipment and staff from the rapid reserve pool referred to in Article 19(5) for the practical execution of the measures set out in the Commission decision. Additional technical equipment and European Border and Coast Guard Teams shall be deployed as necessary at a second stage and in any case within five working days from the deployment of the rapid reserve pool.

5. The Agency shall, without delay and in any case within

threefive working days from establishment of the operational plan, deploy the necessary te c hnical

equipment and staff from the rapid reserve pool referred to in Article 19(5) for the practical execution of the measures set out in the

Council Commissiondecision. Additional technical equi pment

andEuropean Border and C oast Guard Teams shall be deployed as

necessary at a second stage and in any case within five seve n working days from the deployment of the rapid reserve pool.

5. The Agency shall, without delay and in any case within three working days from establishment of the operational plan, deploy the necessary technical equipment and staff from the rapid res er ve reaction pool referred to in Article 19(5) for the practical execution of the measures set out in the

Commiss ionCouncildecision. Additional technical equipment and European Border and Coast Guard Teams shall be deployed as necessary at a second stage and in any case within five working days from the deployment of the rapid

reserv ereactionpool.

(5). The Agency shall, without delay and in any case within

threefive working days from establishment of the operational plan, deploy the necessary te c hnical

equipment and staff from the rapid reserve pool referred to in Article 19(5) for the practical execution of the measures set out in the

Council Commission decision. Additional European Border and Coast Guard Teams shall be deployed as necessary at a second stage and in any case within five

seven working days from the deployment of the rapid

reserv ereactionpool.

 

5a The A genc y sh all , without

dela y and in an y case wit hin the

number of workin g d a ys mentioned

in article 38(4) from the

establishment of the oper ational plan,

deplo y the n ec essar y te c hnical

equipment for the pr actic al ex ecution

of the measur es set out in the Council

decision. Additi onal tech nical

equipment shall be deplo ye d as

necessa r y at a s econd sta ge and in

an y case withi n the same number of

working d a ysmentioned i n article

38(4)from the additional request.

 

5a. The A genc y sh all, without

dela y and in an y case wit hin the

number of workin g d a ys mentioned

in article 38(3a) from the

establishment of the oper ational plan,

deplo y the n ec essar y te c hnical

equipment for the pr actic al ex ecution

of the measur es set out in the Council

decis i on.

 

Additi onal technical equi pment shall

be deplo yed as n ecess ar y at a second

stage in acco rdan ce with the relevant

provisions of arti cle 38.

 

6. The Member State concerned shall comply with the Commission decision and for that purpose it shall immediately cooperate with the Agency and take the necessary action to facilitate the implementation of that decision and the practical execution of the measures set out in that decision and in the operational plan agreed upon with the Executive Director.

6. The Member State concerned shall comply with the Co uncildecision and for that purpose it shall immediately cooperate with the Agency and take the necessary action to facilitate the implementation of that decision and the practical execution of the measures set out in that decision and in the operational plan agreed upon with the Executive Director.

6. The Member State concerned shall comply with the

Commiss ionCouncildecision and for that purpose it shall immediately cooperate with the Agency and take the necessary action to facilitate the implementation of that decision and the practical execution of the measures set out in that decision and in the operational plan agreed upon with the Executive Director.

6. The Member State concerned shall comply with the Co uncildecision and for that purpose it shall immediately cooperate with the Agency and take the necessary action to facilitate the implementation of that decision and the practical execution of the measures set out in that decision and in the operational plan agreed upon with the Executive Director.

7. The Member States shall make available the border guards and other relevant staff determined by the Executive Director in accordance with paragraph 2. The Member

States may not invoke the exceptional situation referred to in Article 19(3) and (6).

7. The Member States shall make available the border guards and other relevant staff, or staf f inv olved in

return-r elated tasks, determined by the Executive Director in accordance with paragraph 2. The Member States may not invoke the

ex ceptional situation referred to in Article 19(3) and (6).

7. The Member States shall make available the border guards and other relevant staff determined by the Executive Director in accordance with paragraph 2. The Member

States may not invoke the exceptional situation referred to in Article 19(3) and (6).

7. The Member States shall make available the border guards and other relevant staff, or staf f inv olved in

return-r elated tasks, determined by the Executive Director in accordance with paragraph 2. The Member States may not invoke the

ex ceptional situation referred to in Article 19(3) and (6).

 

8. If the Membe r State conc erned

does not compl y withi n 3 0 da ys with

the Council decisi on and does not

cooperat e with the A gen c y as

provided for und er pa ragraph 6, that

Member State shall without dela y

inform the Commission and Council

in writing of its re asons. The Council

ma y, wh ere th e over all f unctioning

of the Schen gen Are ais a t risk as a

result of those circumsta nces,as a l ast

resort and as a measu re t o protect the

common int erests withi n the

Schengen, and insof ar as those

7a. The Commission shall monitor the proper implementation of the measures identified in the Council decision and the actions taken, for that purpose, by the Agency and Member States in order to ensure a proper European border management.

8. If the Membe r State co ncerned

does not compl y within 3 0 da ys with

the Council decisi on and does not

cooperat e with the A gen c y as

provided for und er pa ragraph 6, the

Commiss ion ma y tri gger the

application of the pro ced ure provided

for in Article 29 of Re gul ation (EU)

n. 399/2016.

 

New article 80a:

Article XXX

Amendment to Regulation (EU) 2016/399

 

 

circumstanc es constitute a serious

threat to public polic y o r int ernal

securit y within the Schen gen Are aor

withi n parts thereof, taki ng int o

account the prin ciples of

proportionalit y and n ec essit y,

recommend that one o r more

Member States decid e to reint roduce

border control at all or sp ecific pa rts

of their int ernal bord ers f or a period

of up to six months. That period ma y

be prolon ged, no more th an three

times, for a further perio d of up to six

mont hs if the above circu mstances

persists. The Council’s

recommendation shall be based on a

Commiss ion proposal.

In the event that the reco mmendation

refe rred to in thi s par a graph is not

implemented b y a Memb er State, that

Member State shall without dela y

inform the Commission in writing of

its reasons .

In su ch a c ase, the Com mission shall

present a r eport to the Eu ropean

Parliament and to the Council

assessing the re asons pro vided b y the

Member State con cern ed and the

consequenc es for p rotecti ng the

common int erests of the Schengen

area.

Article 26 (2) subp ara graphs 2 to 4

and Article 26(4 ) and (5 ) of

Regulation 562/2006 sha ll appl y

 

 

Article 29 of Regulation (EU) 2016/399 is amended as follows:

(1) paragraph 1 is replaced by the following:

"1. In exceptional circumstances where the overall functioning of the area without internal border control is put at risk as a result of persistent serious deficiencies relating to external border control as referred to

in Article 21 of this Regulationoas

a resu lt of th e non-comp liance of a

Me mber Sta te w ith a Coun cil

decisi on ref erred to in Article 18 (1)

of Regulation (EU) 2016/… of th e

Europ ean Parlia ment a nd of the

Council *, and insofar as those circumstances constitute a serious threat to public policy or internal security within the area without internal border control or within parts thereof, border control at internal borders may be reintroduced in accordance with paragraph 2 of this Article for a period of up to six months. That period may be prolonged, no more than three times, for a further period of up to six months if the exceptional circumstances persist.

 

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* Regulation (EU) 2016/… of the

 

 

accordin gl y.

 

European Parliament and of the Council of … on the European Border [and Coast] Guard and repealing Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC, and amending Regulation (EU) 2016/399 of the European Parliament and of the Council.";

Article 19 Composition and deployment of European Border and Coast Guard

Teams

Article 19 Composition and deployment of European Border and Co ast Guard

Teams

Article 19 Composition and deployment of European Border and Coast Guard

Teams

Article 19 Composition and deployment of European Border and Coast Guard

Teams

1. The Agency shall deploy

border guards and other relevant staff as members of the European Border and Coast Guard Teams to joint operations, rapid border interventions and in the framework of the

migration management support teams. The Agency may also deploy experts from its own staff.

1. The Agency shall deploy

border guards and other relevant staff as members of the European Border

and Coast Guard Teams to joint operations, rapid border interventions and in the framework of the

migration management support teams. The Agency may also deploy experts from its own staff.

1. The Agency shall deploy

border guards and other relevant staff as members of the European Border and Coast Guard Teams to joint operations, rapid border interventions and in the framework of the

migration management support teams. The Agency may also deploy experts from its own staff.

1. The Agency shall deploy

border guards and other relevant staff as members of the European Border and CoastGuard Teams to joint operations, rapid border interventions and in the framework of the

migration management support teams. The Agency may also deploy experts from its own staff.

2. On a proposal by the Executive Director, the Management Board shall decide by an absolute majority of its members with a right to vote on the profiles and the overall number

of border guards to be made available for the European Border and Coast Guard Teams. The same procedure shall apply with regard to any subsequent changes in the profiles and the overall numbers.

2. On a proposal by the Executive Director, the Management Board shall decide by an absolute majority of its members with a right to vote on the profiles and the overall number

of border guards and oth er rel evant

staff to be made available for the European Border and coa st Guard Teams. The same procedure shall apply with regard to any subsequent changes in the profiles and the

2. On a proposal by the Executive Director, the Management Board shall decide by an absolute majority of its members with a right to vote on the profiles and the overall number

of border guards to be made available for the European Border and Coast Guard Teams. The same procedure shall apply with regard to any subsequent changes in the profiles and the overall numbers.

2. On a proposal by the Executive Director, the Management Board shall decide by an absolute majority of its members with a right to vote on the profiles and the overall number

of border guards and oth er rel evant

staff to be made available for the European Border and CoastGuard Teams. The same procedure shall apply with regard to any subsequent changes in the profiles and the

 

Member States shall contribute to the European Border and Coast Guard Teams through a national pool on the basis of the various defined profiles by nominating border guards corresponding to the required profiles.

overall numbers. Member States shall contribute to the European Border and co ast Guard Teams through a national pool on the basis of the various defined profiles by nominating border guards and other

relevant staf f corresponding to the required profiles.

Member States shall contribute to the European Border and Coast Guard Teams through a national pool on the basis of the various defined profiles by nominating border guards corresponding to the required profiles.

overall numbers. Member States shall contribute to the European Border and CoastGuard Teams through a national pool on the basis of the various defined profiles by nominating border guards and other

relevant staf f corresponding to the required profiles.

3. The contribution by Member States as regards their border guards to specific joint operations for the following year shall be planned on the basis of annual bilateral negotiations and agreements between the Agency and Member States. In accordance with those agreements, Member States shall make the border guards available for deployment at the request of the Agency, unless they are faced with an exceptional situation substantially affecting the discharge of national tasks. Such a request shall be made at least 21 working days before the intended deployment.

3. The contribution by Member States as regards their border guards

and other r elevant staf f to specific joint operations for the following year shall be planned on the basis of annual bilateral negotiations and agreements between the Agency and Member States. In accordance with those agreements, Member States shall make the border guards or other

relevant staf f available for deployment at the request of the Agency, unless they are faced with an exceptional situation substantially affecting the discharge of national

tasks. Such a request shall be made at least 21 working days before the intended deployment.

3. The contribution by Member States as regards their border guards to specific joint operations for the following year shall be planned on the basis of annual bilateral negotiations and agreements between the Agency and Member States. In accordance with those agreements, Member States shall make the border guards available for deployment at the request of the Agency, unless they are faced with an exceptional situation substantially affecting the discharge of national tasks. Such a request shall be made at least 21 working days before the intended deployment.If a Member State invokes such an exceptional situation, it shall provide detailed reasons and information on the situation in a letter to the Agency, the content of which shall be included in the report referred to in paragraph 9.

3. The contribution by Member States as regards their border guards to specific joint operations for the following year shall be planned on the basis of annual bilateral negotiations and agreements between the Agency and Member States. In accordance with those agreements, Member States shall make the border guards available for deployment at the request of the Agency, unless they are faced with an exceptional situation substantially affecting the discharge of national tasks. Such a request shall be made at least 21 working days before the intended deployment.If a Member State invokes such an exceptional

situation, it shall provide in w ritin g

co mprehen sive reasons and information on the situation to the Agency, the content of which shall be included in the report referred to in paragraph 9.

 

4. As regards rapid border interventions, on a proposal by the Executive Director of the Agency, the Management Board shall decide by a three-quarter majority on the profiles and the minimum number of border guards to be made available for a rapid reserve pool of European Border and Coast Guard Teams. The same procedure shall apply with regard to any subsequent changes in the profiles and the overall number of border guards of the rapid reserve pool. Member States shall contribute to the rapid reserve pool via a national expert pool on the basis of the various defined profiles by nominating border guards corresponding to the required profiles.

4. As regards rapid border interventions, on a proposal by the Executive Director of the Agency, the Management Board shall decide by a three-quarter majority on the profiles and the minimum number of border guards or other rel evant

staffthat cor respond to th ese profiles to be made available for a rapid reserve pool of European Border and

Coast Guard Teams. The same procedure shall apply with regard to any subsequent changes in the profiles and the overall number of border guards or other rel evant staff of the rapid reserve pool. Member States shall contribute to the rapid reserve pool via a national expert pool on the basis of the various defined profiles by nominating border guards or other rel evant staffcorresponding to the required profiles.

4. As regards rapid border interventions, on a proposal by the Executive Director of the Agency, the Management Board shall decide by a three-quarter majority on the profiles and the minimum number of border guards to be made available for a rapid rese rve reactionpool of European Border and Coast Guard Teams. The same procedure shall apply with regard to any subsequent changes in the profiles and the overall number of border guards of the rapid res ervereactionpool.

Member States shall contribute to the rapid rese rvereactionpool via a national expert pool on the basis of the various defined profiles by nominating border guards corresponding to the required profiles.

4. As regards rapid border interventions, on a proposal by the Executive Director of the Agency, the Management Board shall decide by a three-quarter majority on the profiles and the minimum number of border guards or other rel evant

staffthat cor respond to th ese profiles

to be made available for a rapid

reserv e reactionpool of European Border and CoastGuard Teams. The same procedure shall apply with regard to any subsequent changes in the profiles and the overall number of border guards or othe r relevant

staff of the rapid res erve reaction pool. Member States shall contribute to the rapid rese rve reactionpool via a national expert pool on the basis of the various defined profiles by nominating border guards or other

relevant staf f corresponding to the required profiles.

5. The rapid reserve pool shall be a standing corps placed at the immediate disposal of the Agency and which can be deployed from each Member State within three working days from when the operational plan is agreed upon by the Executive Director and the host

Member State. For that purpose, each Member State shall, on a yearly

basis, make available to the Agency a

5. The rapid reserve pool shall be a standing corps placed at the immediate disposal of the Agency and which can be deployed from each Member State within three five working days from when the operational plan is agreed upon by the Executive Director and the host

Member State. For that purpose, each Member State shall, on a yearly

basis, make available to the Agency a

5. The rapid r eserv e reactionpool shall be a standing corps placed at the immediate disposal of the Agency and which can be deployed

from each Member State within three working days from when the operational plan is agreed upon by the Executive Director and the host Member State. For that purpose, each Member State shall, on a yearly

basis, make available to the Agency a

5. The rapid r eserv e eactionpool shall be a standing corps placed at the immediate disposal of the Agency and which can be deployed

from each Member State within three

five working days from when the operational plan is agreed upon by the Executive Director and the host Member State. For that purpose, each Member State shall, on a yearly

basis, make available to the Agency a

 

number of border guards commensurate toat least 3% of the staff of Member States without land or sea external borders and 2% of the staff of Member States with land or sea external borders, and which shall amount to a minimum of 1 500 border guards, corresponding to the profiles identified by the decision of the Management Board.

number of border guards or other

relevant staf commensur ate toat least

3% of the staf f of Memb er States

without land or sea ex ter nal borders

and 2% of the sta ff of M ember States

with land or sea ex ternal borders, and which shall amount to a minimum of 1 500 border guards or other relevant staff, corresponding to the profiles identified by the decision of the Management Board.

number of border guards commensurate to at least 3% of the staff of Member States without land or sea external borders and 2% of the staff of Member States with land or sea external borders, and which shall amount to a minimum of 1 500 border guards, corresponding to the profiles identified by the decision of the Management Board.The Agency shall evaluate whether the border guards proposed by Member States correspond to the defined profiles and shall decide on the border guards to be chosen for the rapid reactionpool. The Agency shall have the power to remove a border guard from the pool in case of misconduct or infringement of the applicable rules.

number of border guards or other

relevant staf commensur ate to at

least 3% of the staf f of M ember

States without land or sea ex ternal

borders and 2 % of the sta ff of

Member States with land or sea

ex ternal borders, and which shall amount to a minimum of 1 500 border guards or other relevant staff, corresponding to the profiles identified by the decision of the Management Board.

The Agency may verify whether the border guards proposed by Member States correspond to the defined profiles an d sh all decide on th e

border guards to be chosen for th e

rapi d reaction pool. The Agency

sh all have th e poweray request th e

Mem ber Stat e to remove a border guard from the pool in case of misconduct or infringement of the applicable rules.

 

 

5a. Each Membe r State shall be

responsi ble for the contri bution to the

number of bord er gua rds or other

relevant staf f established in

paragr aph 5, a ccordin g to Annex I, in

accord anc e with the rele vant profiles

refe rred to in pa ragr aph 5 .

 

5a. Each Membe r State shall be

responsi ble for the contri bution to the

number of bord er gua rds or other

relevant staf f established in

paragr aph 5, a ccordin g to Annex I, in

accord anc e with the rele vant profiles

refe rred to in pa ragr aph 5 .

 

5b. Member States shall mak e the

border gua rds and/or oth er rel evant

staff from the Rapid Res erve Pool

available fo r deplo yment at the

request of the A genc y. In case a risk

anal ys es and if available, a

vulnerabilit y ass essment, show that a

Member State is faced wi th a

situationthat would substantiall y

affe ct the dischar ge of n a tional tasks,

the contributionfor the de plo yment of

the rapid borde r int ervent ion of the

Member State con cern ed shall be half

of the fix ed contribut ion of Member

States in annex I. A host Member

State where a rapid bord e r

int ervention is taking pla ce shall not

deplo y f rom its fix ed contribution to

the rapid res erve pool. If a shorta ge

arises for the deplo ym ent of the rapid

border int erv ention, the Mana gement

Board, b ased on a propos al of the

Ex ecutive Director, shall decide how

thi s shortage sh all be filled.

 

5b. Member States shall mak e the

border gua rds and/or oth er rel evant

staff from the rapid

Reserveeac tionpool ava ilable for

deplo yment at the requ es t of the

Agenc y. In case a risk an al yses and if

available, a vulne rabilit y assessment,

show that a Member S tat e is fac ed

with a situationt hat would

subs tantiall y af fect the di schar ge o f

national tasks, the contri butionfor the

deplo yment of th e rapid border

int ervention of the Mem ber State

concern edshall be h alf of the fix ed

contribution of Member States in

annex I. A host Memb er State where

a rapid bord er int erv ention is taking

place shall not deplo y fro m its fix ed

contribution to the rapid

reserv erea ctionpool. If a shorta ge

arises for the deplo ym ent of the rapid

border int erv ention, the Mana gement

Board, b ased on a propos al of the

Ex ecutive Director, shall decide how

thi s shortage sh all be filled.

 

6. Where necessary, the deployment of European Border and Coast Guard Teams from the rapid reserve pool shall be immediately complemented by additional European Border and Coast Guard Teams. For that purpose, Member States shall, at the request of the Agency, immediately communicate the number, names and profiles of border guards from their national pool which they are able to make available within five working days from the start of the rapid border intervention. Member States shall make the border guards available for deployment at the request of the Agency unless they are faced with an exceptional situation substantially affecting the discharge of national tasks.

6. Where necessary, the deployment of European Border and

coast Guard Teams from the rapid reserve pool shall be immediately complemented by additional European Border and C o ast Guard Teams. For that purpose, Member States shall, at the request of the Agency, immediately communicate the number, names and profiles of border guards and othe r r elevant staff from their national pool which they are able to make available within five seven working days from the start of the rapid border

intervention.Member States shall make the border guards o r other

relevant staf f available for deployment at the request of the Agency unless they are faced with an

ex ceptional situation substantially affecting the discharge of national tasks.

6. Where necessary, the deployment of European Border and Coast Guard Teams from the rapid

reserv ereactionpool shall be immediately complemented by additional European Border and Coast Guard Teams. For that purpose, Member States shall, at the request of the Agency, immediately communicate the number, names and profiles of border guards from their national pool which they are able to make available within five working days from the start of the rapid border intervention. Member States shall make the border guards available for deployment at the

request of the Agency unless they are faced with an exceptional situation substantially affecting the discharge of national tasks.If a Member State invokes such an exceptional situation, it shall provide detailed reasons and information on the situation in a letter to the Agency, the content of which shall be included in the report referred to in paragraph 9.

6. Where necessary, the deployment of European Border and CoastGuard Teams from the rapid

reserv ereactionpool shall be immediately complemented by additional European Border and CoastGuard Teams. For that purpose, Member States shall, at the request of the Agency, immediately communicate the number, names and profiles of border guards and other

relevant staf f from their national pool which they are able to make available within five seven working days from the start of the rapid border intervention. Member States shall make the border guards and

other relev ant staff available for deployment at the request of the Agency unless they are faced with an exceptional situation substantially affecting the discharge of national tasks.If a Member State invokes such an exceptional situation, it shall provide in writin g

com prehensive detai led reasons and information on the situation to the Agency, the content of which shall be included in the report referred to in paragraph 9.

 

   

6a.If a situation arises in which more border guards are required than provided for under paragraph

5 and 6, the Executive Director shall immediately inform the European Parliament, the European Council, the Council and the Commission. In such cases the European Council shall seek commitments from Member States to meet the shortage.

6a. If a situation arises in which more border guards are required than provided for under paragraph 5 and 6, the Executive Director shall immediately inform the European Parliament, the Council and the Commission and call upon the

Council to . In such c ases t he

European Council shall seek commitments from Member States to meet the shortage.

7. Member States shall ensure that the border guards and other relevant staff which they contribute match the profiles and the numbers decided upon by the Management Board. The duration of the deployment shall be determined by the home Member State but in any case it shall not be less than 30 days.

7. Member States shall ensure that the border guards and other relevant staff which they contribute match the profiles and the numbers decided upon by the Management Board. The duration of the deployment shall be determined by the home Member State but in an y

case prin cipl e it shall not be less than 30 days.

7. Member States shall ensure that the border guards and other relevant staff which they contribute match the profiles and the numbers decided upon by the Management Board. The duration of the deployment shall be determined by the home Member State but in any case it shall not be less than 30 days.

7. Member States shall ensure that the border guards and other relevant staff which they contribute match the profiles and the numbers decided upon by the Management Board. The duration of the deployment shall be determined by the home Member State but in any case it shall not be less than 30 days

ex cept if the operation ha s a shorter

duration than 30 da ys .

 

8. The Agency shall contribute to the European Border and Coast Guard Teams with competent border guards seconded by the Member States as national experts to the Agency. The contribution by Member States as regards the secondment of their border guards to the Agency for the following year shall be planned on the basis of annual bilateral negotiations and agreements between the Agency and Member States. In accordance with those agreements, Member States shall make the border guards available for secondment, unless that would seriously affect the discharge of national tasks. In such situations Member States may recall their seconded border guards.

Such secondments may be for 12 months or more but in any case it shall not be less than three months. The seconded border guards shall be considered as members of the teams and they shall have the tasks and powers of the members of the teams. The Member State having seconded the border guards shall be considered as the home Member State.

Other staff employed by the Agency on a temporary basis who are not qualified to perform border control functions shall only be deployed

8. The Agency shall contribute to the European Border and Coast Guard Teams with competent border guards

or other rel evant staf f seconded by the Member States as national experts to the Agency. The contribution by Member States as regards the secondment of their border guards or other rel evant staff to the Agency for the following year shall be planned on the basis of annual bilateral negotiations and agreements between the Agency and Member States. In accordance with those agreements, Member States

shall make the border guards or other

relevant staf f available for secondment, unless that would seriously affect the discharge of national tasks. In such situations Member States may recall their seconded border guards or other

relevant staf f .

Such secondments may be for 12 months or more but in any case it shall not be less than three months. The seconded border guards and

other relev ant staff shall be considered as members of the teams and they shall have the tasks and powers of the members of the teams. The Member State having seconded the border guards or othe r relev ant

staff shall be considered as the home

8. The Agency shall contribute to the European Border and Coast Guard Teams with competent border guards seconded by the Member States as national experts to the Agency. The contribution by Member States as regards the secondment of their border guards to the Agency for the following year shall be planned on the basis of annual bilateral negotiations and agreements between the Agency and Member States. In accordance with those agreements, Member States shall make the border guards available for secondment, unless that would seriously affect the discharge of national tasks. In such situations Member States may recall their seconded border guards.

Such secondments may be for 12 months or more but in any case it shall not be less than three months. The seconded border guards shall be considered as members of the teams and they shall have the tasks and powers of the members of the teams. The Member State having seconded the border guards shall be considered as the home Member State.The disciplinary procedure of the Agency shall also apply to seconded border guards.

Other staff employed by the Agency

8. The Agency shall contribute to the European Border and CoastGuard Teams with competent border guards

or other rel evant staf f seconded by the Member States as national experts to the Agency. The contribution by Member States as regards the secondment of their border guards or other rel evant staff to the Agency for the following year shall be planned on the basis of annual bilateral negotiations and agreements between the Agency and Member States. In accordance with those agreements, Member States

shall make the border guards or other

relevant staf f available for secondment, unless that would seriously affect the discharge of national tasks. In such situations Member States may recall their seconded border guards or other

relevant staf f .

Such secondments may be for 12 months or more but in any case it shall not be less than three months. The seconded border guards and

other relev ant staff shall be considered as members of the teams and they shall have the tasks and powers of the members of the teams. The Member State having seconded the border guards or othe r relev ant

staff shall be considered as the home

 

during joint operations for coordination tasks and shall not form part of the European Border and Coast Guard Teams.

Member State.

Other staff employed by the Agency on a temporary basis who are not qualified to perform border control functions shall only be deployed during joint operations for coordination and other tasks which

do not require full bord er -gu ard

traning and shall not form part of the European Border and C o ast Guard Teams.

on a temporary basis who are not qualified to perform border control functions shall only be deployed during joint operations for coordination tasks and shall not form part of the European Border and Coast Guard Teams.

Member State.

Other staff employed by the Agency on a temporary basis who are not qualified to perform border control functions shall only be deployed during joint operations for coordination and other tasks which

do not require full bord er -gu ard

traning and shall not form part of the European Border and CoastGuard Teams.

9. The Agency shall inform the European Parliament on an annual basis of the number of border guards that each Member State has committed to the European Border and Coast Guard Teams in accordance with this Article.

9. The Agency shall inform the European Parliament on an annual basis of the number of border guards

and other r elevant staf f that each Member State has committed to the European Border and Co ast Guard Teams in accordance with this Article.

9. The Agency shall inform the European Parliament on an annual basis of the number of border guards that each Member State has committedand the number of

border guards actually deployed tothe European Border and Coast Guard Teams in accordance with this Article.This report shall list the Member States that invoked the exceptional situation referred to in paragraphs 3 and 6 in the previous year and include the reasons and information provided by the Member State concerned.

9. The Agency shall inform the European Parliament on an annual basis of the number of border guards that each Member State has committedand the number of

border guards actually deployed to the European Border and Coast Guard Teams in accordance with this Article.This report shall list the Member States that invoked the exceptional situation referred to in paragraphs 3 and 6 in the previous year and include the reasons and information provided by the Member State concerned.

Article 20

Instructions to the European Border and Coast Guard Teams

Article 20

Instructions to the European Border

and Coast Guard Teams

Article 20

Instructions to the European Border and Coast Guard Teams

Article 20

Instructions to the European Border and Coast Guard Teams

1. During deployment of European Border and Coast Guard Teams, the host Member State shall issue instructions to the teams in accordance with the operational plan.

1. During deployment of European Border and C o ast Guard Teams, the host Member State shall issue instructions to the teams in accordance with the operational plan.

1. During deployment of European Border and Coast Guard Teams, the host Member State shall issue instructions to the teams in accordance with the operational plan.

1. During deployment of European Border and CoastGuard Teams, the host Member State shall issue instructions to the teams in accordance with the operational plan.

 

2. The Agency, through its Coordinating Officer, may communicate its views to the host Member State on the instructions given to European Border and Coast Guard Teams. In that case, the host Member State shall take those views into consideration and follow them to the extent possible.

2. The Agency, through its Coordinating Officer, may communicate its views to the host Member State on the instructions given to European Border and

Coast Guard Teams. In that case, the host Member State shall take those views into consideration and follow them to the extent possible.

2. The Agency, through its Coordinating Officer, may communicate its views to the host Member State on the instructions given to European Border and Coast Guard Teams. In that c ase, If the Agency has concerns as regards the instructions issued to the European Border and Coast Guard Teams it shall communicate its views, which the host Member State shall take

those views into consideration and follow them to the extent possible.

2. The Agency, through its Coordinating Officer, may communicate its views to the host Member State on the instructions given to European Border and CoastGuard Teams. In that case, the host Member State shall take those views into consideration and follow them to the extent possible.

3. In cases where the instructions issued to the European Border and Coast Guard Teams are not in compliance with the operational plan, the Coordinating Officer shall immediately report to the Executive Director, who may, where appropriate, take action in

accordance with Article 24(2).

3. In cases where the instructions issued to the European Border and

Coast Guard Teams are not in compliance with the operational plan, the Coordinating Officer shall immediately report to the Executive Director, who may, where appropriate, take action in

accordance with Article 24(2).

3. In cases where the instructions issued to the European Border and Coast Guard Teams are not in compliance with the operational plan, the Coordinating Officer shall immediately report to the Executive Director, who may, where appropriate, take action in

accordance with Article 24(2).

3. In cases where the instructions issued to the European Border and CoastGuard Teams are not in compliance with the operational plan, the Coordinating Officer shall immediately report to the Executive Director, who may, where appropriate, take action in

accordance with Article 24(2).

4. Members of the teams shall, in the performance of their tasks and in the exercise of their powers, fully respect fundamental rights, including access to asylum procedures, and human dignity. Any measures taken in the performance of their tasks and in the exercise of their powers shall be proportionate to the objectives pursued by such measures. While performing their tasks and exercising their powers, they shall not

4. Members of the teams shall, in the performance of their tasks and in the exercise of their powers, fully respect fundamental rights, including access to asylum procedures, and human dignity. Any measures taken in the performance of their tasks and in the exercise of their powers shall be proportionate to the objectives pursued by such measures. While performing their tasks and exercising their powers, they shall not

4. Members of the teams shall, in the performance of their tasks and in the exercise of their powers, fully respect fundamental rights, including access to asylum procedures, and human dignity. Any measures taken in the performance of their tasks and in the exercise of their powers shall be proportionate to the objectives pursued by such measures. While performing their tasks and exercising their powers, they shall not

4. Members of the teams shall, in the performance of their tasks and in the exercise of their powers, fully respect fundamental rights, including access to asylum procedures, and human dignity. Any measures taken in the performance of their tasks and in the exercise of their powers shall be proportionate to the objectives pursued by such measures. While performing their tasks and exercising their powers, they shall not

 

discriminate against persons on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

discriminate against persons on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

discriminate against persons on grounds of sex gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

discriminate against persons on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

5. Members of the teams shall remain subject to the disciplinary measures of their home Member State. The home Member State shall provide for appropriate disciplinary or other measures in accordance with its national law in case of violations of fundamental rights or international protection obligations in the course

of a joint operation or rapid border intervention.

5. Members of the teams shall remain subject to the disciplinary measures of their home Member State.The home Member State shall provide for appropriate disciplinary or other measures in accordance with its national law in case of violations of fundamental rights or international protection obligations in the course

of a joint operation or rapid border intervention.

5. Members of the teams shall remain subject to the disciplinary measures of their home Member State. The home Member State shall provide for appropriate disciplinary or other measures in accordance with its national law in case of violations of fundamental rights or international protection obligations in the course

of a joint operation or rapid border intervention.

5. Members of the teams shall remain subject to the disciplinary measures of their home Member State.The home Member State shall provide for appropriate disciplinary or other measures in accordance with its national law in case of violations of fundamental rights or international protection obligations in the course

of a joint operation or rapid border intervention.

Article 21

Coordinating officer

Article 21

Coordinating officer

Article 21

Coordinating officer

Article 21

Coordinating officer

1. The Agency shall ensure the operational implementation of all the organisational aspects, including the presence of staff members of the Agency during the joint operations, pilot projects or rapid border interventions.

1. The Agency shall ensure the operational implementation of all the organisational aspects, including the presence of staff members of the Agency during the joint operations, pilot projects or rapid border interventions.

1. The Agency shall ensure the operational implementation of all the organisational aspects, including the presence of staff members of the Agency during the joint operations, pilot projects or rapid border interventions.

1. The Agency shall ensure the operational implementation of all the organisational aspects, including the presence of staff members of the Agency during the joint operations, pilot projects or rapid border interventions.

2. The Executive Director shall appoint one or more experts from the staff of the Agency to be deployed as coordinating officer for each joint operation or rapid border intervention. The Executive Director shall notify the host Member State of the appointment.

2. The Executive Director shall appoint one or more experts from the staff of the Agency to be deployed as coordinating officer for each joint operation or rapid border intervention. The Executive Director shall notify the host Member State of the appointment.

2. The Executive Director shall appoint one or more experts from the staff of the Agency to be deployed as coordinating officer for each joint operation or rapid border intervention. The Executive Director shall notify the host Member State of the appointment.

2. The Executive Director shall appoint one or more experts from the staff of the Agency to be deployed as coordinating officer for each joint operation or rapid border intervention. The Executive Director shall notify the host Member State of the appointment.

3. The coordinating officer shall act on behalf of the Agency in all

3. The coordinating officer shall act on behalf of the Agency in all

3. The coordinating officer shall act on behalf of the Agency in all

3. The coordinating officer shall act on behalf of the Agency in all

 

aspects of the deployment of the European Border and Coast Guard Teams. The role of the coordinating officers shall be to foster cooperation and coordination amongst host and participating Member States. In particular, the coordinating officer shall:

aspects of the deployment of the European Border and coa st Guard Teams. The role of the coordinating officers shall be to foster cooperation and coordination amongst host and participating Member States. In particular, the coordinating officer shall:

aspects of the deployment of the European Border and Coast Guard Teams. The role of the coordinating officers shall be to foster cooperation and coordination amongst host and participating Member States. In particular, the coordinating officer shall:

aspects of the deployment of the European Border and CoastGuard Teams. The role of the coordinating officers shall be to foster cooperation and coordination amongst host and participating Member States. In particular, the coordinating officer shall:

(a) act as an interface between the Agency and the members of the European Border and Coast Guard Teams, providing assistance, on behalf of the Agency, on all issues relating to the conditions for their deployment with the teams;

(a) act as an interface between the Agency, the host Membe r S tate and the members of the European Border

and Coast Guard Teams, providing assistance, on behalf of the Agency, on all issues relating to the conditions for their deployment with the teams;

(a) act as an interface between the Agency and the members of the European Border and Coast Guard Teams, providing assistance, on behalf of the Agency, on all issues relating to the conditions for their deployment with the teams;

Rapporteur proposal:

(a) act as an interface between the Agency,te host Mem ber Stat e and the members of the European Border and CoastGuard Teams, providing assistance, on behalf of the Agency, on all issues relating to the conditions for their deployment with the teams;

(b) monitor the correct implementation of the operational plan;

(b) monitor the correct implementation of the operational plan, includi ng on the pr otection of

fundamental ri ghts ;

(b) monitor the correct implementation of the operational plan,including on the protection of fundamental rights;

(b) monitor the correct implementation of the operational plan, including on the protection of fundamental rightsand r eport to the

Agenc y ther eon ;

(c) act on behalf of the Agency in all aspects of the deployment of the European Border and Coast Guard Teams and report to the Agency on all those aspects;

(c) act on behalf of the Agency in all aspects of the deployment of the European Border and coa st Guard Teams and report to the Agency on all those aspects;

(c) act on behalf of the Agency in all aspects of the deployment of the European Border and Coast Guard Teams and report to the Agency on all those aspects;

(c) act on behalf of the Agency in all aspects of the deployment of the European Border and CoastGuard Teams and report to the Agency on all those aspects;

(d) report to the Agency on aspects relating to the provision of sufficient guarantees by the host Member State to ensure the protection of fundamental rights throughout the joint operation or rapid border intervention;

(d) report to the A gen c y on a spects

relating to the p rovision of sufficient

gua rante es b y the host Member State

to ensure the protection of

fundamental ri ghts throu ghout the

joi nt operation or rapid b order

int ervention;

(d) observe and promote the application of existing and future Union measures relating to the management of external borders and respect for fundamental rights in border management activities, report to the Agency on aspects

(d) report to the A gen c y on a spects

relating to the p rovision of sufficient

gua rante es b y the host Member State

to ensure the protection of

fundamental ri ghts throu ghout the

joi nt operation or rapid b order

int ervention;

 

   

relating to the provision of sufficient guarantees by the host Member

State to ensure the protection of fundamental rights throughout the joint operation or rapid border intervention, and report to the Agency on aspects relating to the provision of sufficient guarantees by the host Member State to ensure the protection of fundamental rights throughout the joint operation or rapid border intervention;

 

(e) report to the Executive Director where the instructions issued to the European Border and Coast Guard Teams by the host Member States are not in compliance with the operational plan.

(e) report to the Executive Director where the instructions issued to the European Border and coa st Guard Teams by the host Member States are not in compliance with the operational plan.

(e) report to the Executive Director where the instructions issued to the European Border and Coast Guard Teams by the host Member States are not in compliance with the operational plan.

(e) report to the Executive Director where the instructions issued to the European Border and CoastGuard Teams by the host Member States are not in compliance with the operational plan.

 

4. In the context of joint operations or rapid border interventions, the Executive Director may authorise the coordinating officer to assist in resolving any disagreement on the execution of the operational plan and deployment of the teams.

4. In the context of joint operations or rapid border interventions, the Executive Director may authorise the coordinating officer to assist in resolving any disagreement on the execution of the operational plan and deployment of the teams.

4. In the context of joint operations or rapid border interventions, the Executive Director may authorise the coordinating officer to assist in resolving any disagreement on the execution of the operational plan and deployment of the teams.

4. In the context of joint operations or rapid border interventions, the Executive Director may authorise the coordinating officer to assist in resolving any disagreement on the execution of the operational plan and deployment of the teams.

Article 22

National contact point

Article 22

National contact point

Article 22

National contact point

Article 22

National contact point

The national coordination centre established in accordance with Regulation (EU) No 1052/2013 shall be the national contact point for communication with the Agency on all matters pertaining to the European Border and Coast Guard Teams.

Member states shall appoint a The

national coordination cen tre

established in acco rdanc e with

Regulation (EU ) No 105 2/2013 shall

be the national contact point for communication with the Agency on all matters pertaining to the

operational activities of the Agency.Europ ean Bord er and

coastGuard T eams. The ati onal

contact point shall be re a chable at all

ti mes.

The national coordination centre established in accordance with Regulation (EU) No 1052/2013 shall be the national contact point for communication with the Agency on all matters pertaining to the European Border and Coast Guard Teams.

Member states shall appoint a The

national coordination cen tre

established in acco rdanc e with

Regulation (EU ) No 105 2/2013 shall

be the national contact point for communication with the Agency on all matters pertaining to the

operational activities of the Agency.Europ ean Bord er and

coastGuard T eams. The ational

contact point shall be re a chable at all

ti mes.

Article 23

Costs

Article 23

Costs

Article 23

Costs

Article 23

Costs

1. The Agency shall fully meet the following costs incurred by Member States in making available their border guards for the purposes of deploying European Border and Coast Guard Teams, including the rapid reserve pool:

1. The Agency shall fully meet the following costs incurred by Member States in making available

their border guards and o ther relev ant

stafffor the purposes of deploying European Border and coa st Guard Teams, including the rapid reserve pool:

1. The Agency shall fully meet the following costs incurred by Member States in making available their border guards for the purposes of deploying European Border and Coast Guard Teams, including the rapid reserve pool:

1. The Agency shall fully meet the following costs incurred by Member States in making available

their border guards and o ther relev ant

stafffor the purposes of deploying European Border and CoastGuard Teams, including the rapid

reserv ereactionpool:

image

 

(a) travel costs from the home Member State to the host Member State and from the host Member State to the home Member State;

(a) travel costs from the home Member State to the host Member State and from the host Member State to the home Member State;

(a) travel costs from the home Member State to the host Member State and from the host Member State to the home Member State;

(a) travel costs from the home Member State to the host Member State and from the host Member State to the home Member State;

(b) costs related to vaccinations;

(b) costs related to vaccinations;

(b) costs related to vaccinations;

(b) costs related to vaccinations;

(c) costs related to special insurance needs;

(c) costs related to special insurance needs;

(c) costs related to special insurance needs;

(c) costs related to special insurance needs;

(d) costs related to health care;

(d) costs related to health care;

(d) costs related to health care;

(d) costs related to health care;

(e) daily subsistence allowances, including accommodation costs;

(e) daily subsistence allowances, including accommodation costs;

(e) daily subsistence allowances, including accommodation costs;

(e) daily subsistence allowances, including accommodation costs;

(f) costs related to the Agency’s technical equipment.

(f) costs related to the Agency’s technical equipment.

(f) costs related to the Agency’s technical equipment.

(f) costs related to the Agency’s technical equipment.

2. Detailed rules concerning the payment of the daily subsistence allowance of members of the European Border and Coast Guard Teams shall be established and updated as necessary by the Management Board.

2. Detailed rules concerning the payment of the daily subsistence allowance of members of the European Border and C o ast Guard Teams shall be established and updated as necessary by the Management Board.

2. Detailed rules concerning the payment of the daily subsistence allowance of members of the European Border and Coast Guard Teams shall be established and updated as necessary by the Management Boardon a proposal from the Commission.

2. Detailed rules concerning the payment of the daily subsistence allowance of members of the European Borderand CoastGuard Teams shall be established and updated as necessary by the Management Board.

Article 24

Suspension or termination of joint operations and rapid border interventions

Article 24

Suspension or termination of joint operations, migr ation ma nagement

support teams deplo ym e nt and rapid border interventions

Article 24

Suspension or termination of joi nt

operations and r apid bor der

int erventions activities

Article 24

Suspension or termination of joi nt

operations and r apid bor der

int erventions activities

1. The Executive Director shall terminate, after informing the Member State concerned, joint operations or rapid border interventions if the conditions to conduct thoseactivities are no longer fulfilled.

1. The Executive Director shall terminate, after informing the Member State concerned, joint operation, or rapid border intervention or deplo yme nt

ofmigr ation mana gement support

teams if the conditions to conduct thoseactivities are no longer fulfilled

or their objectives a re me t .

1. The Executive Director shall terminate, after informing the Member State concerned, joint operations or rapid border interventions if the conditions to conduct thoseactivities are no longer fulfilled.

1. The Executive Director shall terminate, after informing the Member State concerned, activities

of the A genc yjoint operations or

rapid border int e rvention s if the conditions to conduct thoseactivities are no longer fulfilled.

 

 

1a The Member States

participating in a joint operation,

rapid border int e rvention or

migration mana gement s upport team

ma y r equest the Ex ecutiv e Directo r

to terminate that joi nt operation, or

rapid border int e rvention or

migration mana gement s upport.

 

1a The Member States

participating in a joint operation,

rapid border int e rvention or

migration mana gement s upport team

ma y r equest the Ex ecutiv e Directo r

to terminate that joi nt operation, or

rapid border int e rvention or

migration mana gement s upport.

2. The Executive Director may withdraw the financing of a joint operation or a rapid border intervention or suspend or terminate it if the operational plan is not respected by the host Member State.

2. The Executive Director may withdrawaft er informin g the

Member State con cern ed , the financing of joint operation, or rapid border intervention or

deplo yment ofmi gr ation mana gement

support team or suspend or terminate it if the operational plan is not respected by the host Member State.

2. The Executive Director may withdraw the financing of a joint operation or a rapid border intervention or suspend or terminate it if the operational plan is not respected by the host Member State.

2. The Executive Director may withdrawaft er informin g the

Member State con cern ed , the financing of an activit ya joi nt

operation, or r apid borde r

int ervention or deplo yme nt

ofmigr ation mana gement support

team or suspend or terminate it if the operational plan is not respected by the host Member State.

3. The Executive Director shall withdraw the financing of a joint operation or a rapid border intervention, or suspend or terminate, in whole or in part, a joint operation or rapid border intervention if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist.

3. The Executive Director shall withdrawaft er informin g the

Member State con cern ed , the financing of joint operation, or rapid border intervention or de plo yment

ofmigr ation mana gement support

teams , or suspend or terminate, in whole or in part, joint operation, or rapid border intervention or

deplo yment ofmi gr ation mana gement

support teams if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist.

The Ex ucutive Director s hall inform

3. The Executive Director shall, in close cooperation with the Fundamental Rights Officer, withdraw the financing of a joint operation, or a rapid border intervention,a pilot project, migration management support teams, return operation, return intervention or working arrangementor suspend or terminate, in whole or in part, a joi nt

operation or r apid border

int ervention such activities, if he or she considers that there are violations of fundamental rights or international protection obligations that are of a

3. The Executive Director shall,

after consu ltin g the close

cooperat ion with the Fundamental Rights Officerand afte informing

the Member S tate con cer ned , withdraw the financing of a joint operation,or a rapid border intervention, a pilot project, migration management support teams, return operation, return intervention or working arrangementor suspend or terminate, in whole or in parta joi nt

operation or r apid border

int ervention such activities, if he or she considers that there are violations

image

image

 

 

the Mana gement Boa rd o f such a

decis i on.

serious nature or are likely to persist. For this purpose, the Agency shall establish and publish the criteria leading to a decision on the suspension, termination or withdrawal of financing for the above mentioned activities.

of fundamental rights or international protection obligations that are of a serious nature or are likely to persist.

The Ex ecutive Directo r shall inform

the Mana gement Boa rd o f such a

decis i on.

 

4. In case th e Ex ecutive Dir ector

decides to suspend or te r minate the

deplo yment b y the A gen c y o f a

migration mana gement s upport team,

he shall inform the other relevant

Agencies pa rticipatin g in the

function of that hotspot on thi s

decis i on.

 

4. In case th e Ex ecutive Dir ector

decides to suspend or te r minate the

deplo yment b y the A gen c y o f a

migration mana gement s upport team,

he shall inform the other relevant

Agencies pa rticipatin g in the

function of that hotspot on thi s

decis i on.

Article 25

Evaluation of joint operations and rapid border interventions

Article 25

Evaluation of joint operations,

migration mana gement s upport teams

and rapid border interventions

Article 25

Evaluation of joi nt operations and

rapid border int e rvention s activities

Article 25

Evaluation of joi nt opera tions and

rapid border int e rvention s activities

The Executive Director shall evaluate the results of the joint operations and rapid border interventions and transmit the detailed evaluation reports within 60 days following the end of those operations and projects to the Management Board, together with the observations of the Fundamental Rights Officer. The Agency shall make a comprehensive comparative analysis of those results with a view to enhancing the quality, coherence and effectiveness of future joint operations and rapid border

The Executive Director shall evaluate the results of the joint operations, migr ation ma nagement

support teams and rapid border interventions and transmit the detailed evaluation reports within 60 days following the end of those operations and projects to the Management Board, together with the observations of the Fundamental Rights Officer. The Ex ec utive

Director A genc y shall make a comprehensive comparative analysis of those results with a view to enhancing the quality, coherence and

The Executive Director shall evaluate the results of the joint operations and rapid border interventions,pilot projects, migration management support teams, return operations, return interventions and operational cooperation with third countriesand transmit the detailed evaluation reports within 60 days following the end of those ope rations a nd

projects activitiesto the Management Board, together with the observations of the Fundamental Rights Officer.

The Agency shall make a

The Executive Director shall evaluate the results of the joint operations and rapid border interventions, pilot projects, migration management support teams, and operational cooperation with third countriesand transmit the detailed evaluation reports within 60 days following the end of those

operations and projects activitiesto the Management Board, together with the observations of the Fundamental Rights Officer. The

Agenc yExecutive Director shall make a comprehensive comparative

 

interventions, and it shall include it in its consolidated annual activity report.

effectiveness of future joint operations, migr ation ma nagement

support teams and rapid border interventions, and it shall include it in its consolidated annual activity report.

comprehensive comparative analysis of those results with a view to enhancing the quality, coherence and effectiveness of future jo i nt

operations and r apid bor der

int erventions activities, and it shall include it in its consolidated annual activity report.

analysis of those results with a view to enhancing the quality, coherence and effectiveness of future joi nt

operations and r apid bor der

int erventions activities, and it shall include it in its consolidated annual activity report.

SECTION 4 RETURN

SECTION 4 RETURN

SECTION 4 RETURN

SECTION 4 RETURN

Article 26

Return Office

Article 26

Return Office

Article 26

ReturnOffic e

Article 26

ReturnOffic e

1. The Return Office shall be responsible for carrying out the return-related activities of the Agency, in accordance with the respect of fundamental rights and general principles of Union law as well as international law, including refugee protection and human rights obligations. The Return Office shall, in particular:

1. The Return Office shall be responsible for carrying out the return-related activities of the Agency, in accordance with the respect of fundamental rights and general principles of Union law as well as international law, including refugee protection and human rights obligations. The Return Office shall, in particular:

1. The Return Of fice shall b e

responsi ble for car r yin g out the

return-r elated activities of the

Agenc yWith regard to return, the Agency shall, in accordance with the respect of fundamental rights and general principles of Union law as well as international law, including refugee protection

andhuman fundamental

rightsobligations . The Re turn Office

shall , including children’s rights, in particular:

1. The Return Of fice shall b e

responsi ble for car r yin g out the

return-r elated activities of the

Agenc yWith regard to return, the Agency shall, in accordance with the respect of fundamental rights and general principles of Union law as well as international law, including refugee protection

andhuman fundamental

rightsobligations . The Re turn Office

shall , including children’s rights, in particular:

(a) coordinate at technical and operational level the return activities of the Member States, to achieve an integrated system of return management among competent authorities of the Member States, with the participation of relevant authorities of third countries and other relevant stakeholders;

(a) coordinate at technical and operational level the return-relat ed activities of the Member States,

including voluntar y dep a rture, to achieve an integrated system of return management among competent authorities of the Member States, with the participation of relevant authorities of third countries

(a) coordinate at technical and operational level the return activities of the Member States,including voluntary returns,to achieve an integrated system of return management among competent authorities of the Member States with the participation of relevant authorities of third countries and

(a) coordinate at technical and operational level the return-relat ed activities of the Member States,

including voluntar y dep a rture, to achieve an integrated system of return management among competent authorities of the Member States, with the participation of relevant authorities of third countries

 

 

and other relevant stakeholders;

other relevant stakeholders;

and other relevant stakeholders;

(b) provide operational support to Member States subject to particular pressure on their return systems;

(b) provide technic al andoperational support assist ance to Member States subject to particular pressure on their return systems;

(b) providetechnical and operational support to Member States subject to particular pressure on their return systems;

(b) provide technic al andoperational support assist ance to Member States subject to particular pressure on their return systems;

image

 

(c) coordinate the use of relevant IT systems and provide support on consular cooperation for the identification of third-country nationals and the acquisition of travel documents, organise and coordinate return operations and provide support to voluntary departure;

(c) coordinate the use of relevant IT systems and provide support on

consular coop eration for the identification of third-country nationals and the acquisition of travel documents, organise and coordinate return operations and provide support to voluntary departure, in

cooperation with Membe r States;

(c) coordinate the use of relevant IT systems and provide supportto the Member Stateson consular cooperation for the identification of third-country nationals and the acquisition of travel documents, without disclosing whether the third-country nationals have requested asylum,organise and coordinate return operations and provide support to voluntary departurein cooperation with the Member States;

(c) coordinate the use of relevant IT systems and provide supportto the Member Stateson consular cooperation for the identification of third-country nationals and the acquisition of travel documents, without disclosing information relating to the fact that an application for international protection has been made,organise and coordinate return operations and provide support to voluntary departurein cooperation with the Member States;

(d) coordinate the return-related activities of the Agency as set out in this Regulation;

(d) coordinate the return-related activities of the Agency as set out in this Regulation;

(d) coordinate the return - rela ted

activities of the A gen c y a s set out in

thi s Regulation;

deleted

(e) organise, promote and coordinate activities enabling the exchange of information and the identification and pooling of best practices in return matters between the Member States;

(e) organise, promote and coordinate activities enabling the exchange of information and the identification and pooling of best practices in return matters between the Member States;

(e) organise, promote and coordinate activities enabling the exchange of information and the identification and pooling of best practices in return matters between the Member States;

(e) organise, promote and coordinate activities enabling the exchange of information and the identification and pooling of best practices in return matters between the Member States;

(f) finance or co-finance the operations, interventions and activities referred to in this Chapter with grants from its budget, in accordance with the financial rules applicable to the Agency.

(f) finance or co-finance the operations, interventions and activities referred to in this Chapter

with grants from its budget, in accordance with the financial rules applicable to the Agency.

(f) finance or co-finance the operations, interventions and activities referred to in this Chapterwith grants, from its budget, and through contracts,in accordance with the financial rules applicable to the Agency.

(f) finance or co-finance the operations, interventions and activities referred to in this Chapter

with grants from its budget, in accordance with the financial rules applicable to the Agency.

2. The operational support referred to in point (b) of paragraph 1 shall include action to help Member States carry out return procedures by

2. The technic al and operational

support assist ance referred to in point

(b) of paragraph 1 shall include

actionactivities to help Member

2. The operational support referred to in point (b) of paragraph 1 shall include action to help Member States carry out return procedures by

2. The technic al and operational

support assist ance referred to in point

(b) of paragraph 1 shall include

actionactivities to help Member

 

the competent national authorities by providing, in particular:

States carry out return procedures by the competent national authorities by providing, in particular:

the competent national authorities by providing, in particular:

States carry out return procedures by the competent national authorities by providing, in particular:

(a) interpreting services;

(a) interpreting services;

(a) interpreting services;

(a) interpreting services;

 

(b) information on third countries of return;

(b) information on third countries of return;

(b) information on third countries of return,in cooperation with other Union bodies, offices and agencies including EASO;

(b)practical information on third countries of returnrele va nt for th e

im plem entat ion of th is

Regulat ion ,in cooperation, wh ere

appropriat e, with other Union bodies, offices and agencies including EASO;

(c) advice on the handling and management of return procedures in compliance with Directive 2008/115/EC;

(c) advice on the

handlingimplementation and management of return procedures in compliance with Articles 6 to 14 of Directive 2008/115/EC;

(c) advice on the handling and management of return procedures in compliance with Directive 2008/115/EC;

(c) advice on the

handli ng implementationand management of return procedures in compliance with Directive 2008/115/EC;

(d) assistance on measures necessary to ensure the availability of returnees for return purposes and avoid that returnees abscond.

(d) advice and assistance on

measures a ctivities necessary to ensure the availability of returnees for return purposes and t o avoid that returnees abscond, in a cc ordance

with Articles 7(3), 9(3 ) a nd 15 to 18

of the Directive 2008/115/EC.

(d) assistance on measures necessary to ensure the availability of returnees for return purposes and avoid that returnees abscond,in accordance with Directive 2008/115/EC and international law.

(d) advice and assistance on measures necessary to ensure the availability of returnees for return purposes and avoid that returnees abscond,in accordance with Directive 2008/115/EC and international law.

3. The Return Office shall aim at building synergies and connecting Union-funded networks and programmes in the field of return in close cooperation with the European Commission and the European Migration Network.1

3. The Return Of ficegenc shall aim at building synergies and connecting Union-funded networks and programmes in the field of

return, in close cooperation with the European Commission and with the

support of relev ant stake holders,

including the European Migration Network.

3. TheReturn OfficeAgencyshall aim at building synergies and connecting Union-funded networks and programmes in the field of return in close cooperation with the European Commission and the European Migration Network.

3. The Return Of ficeA genc y shall aim at building synergies and connecting Union-funded networks and programmes in the field of return, in close cooperation with the European Commission and with the

support of relev ant stake holders,

including the European Migration Network.

4. The Agency may make use of the financial means of the Union which are available in the field of return. The Agency shall ensure that

4. The Agency may make use of the financial means of the Union which are available in the field of return. The Agency shall ensure that

4. The Agency may make use of the financial means of the Union which are available in the field of return. The Agency shall ensure that

4. The Agency may make use of the financial means of the Union which are available in the field of return. The Agency shall ensure that

 

 

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image

image

image

OJ L 131, 21.5.2008, p. 7.

 

in its grant agreements with Member States any financial support is conditional upon the full respect for the Charter of Fundamental Rights.

in its grant agreements with Member States any financial support is conditional upon the full respect for the Charter of Fundamental Rights.

in its grant agreements with Member States any financial support is conditional upon the full respect for the Charterof Fundam ental Rights .

in its grant agreements with Member States any financial support is conditional upon the full respect for the Charterof Fundam ental Rights .

Article 27

Return operations

Article 27

Return operations

Article 27

Return operations

Article 27

Return operations

1. In accordance with Directive 2008/115/EC, and without entering into the merits of return decisions, the Agency shall provide the necessary assistance and, at the request of one or several participating Member States, ensure the coordination or the organisation of return operations, including through the chartering of aircraft for the purpose of such operations. The Agency may, on its own initiative, propose to Member States to coordinate or organise return operations.

1. W ithout entering int o the

merits of return de cisi ons and in accordance with Directive 2008/115/EC, and without entering

int o the merits of return decisions, the Agency shall provide the necessary assistance and, at the request of one or several participating Member States, ensure the coordination or the organisation of return operations, including through the chartering of aircraft for the purpose of such operations. The Agency may, on its own initiative, propose to Member States to coordinate or organise return operations, includi ng thr ough the

charte ring o f air cra ft for t he purpose

of such oper ations.

1. In accordance with Directive 2008/115/EC, and without entering into the merits of return decisions, the Agency shall provide the necessary assistance and, at the request of one or several participating Member States, ensure the coordination or the organisation of return operations, including through the chartering of aircraft for the purpose of such operations.The

Agenc y ma y, on its own

ini tiati ve,propose to Member States

to coordinate or or ganise return

operati ons.

1. W ithout entering int o the

merits of return de cisi ons and in accordance with Directive 2008/115/EC, and without entering

int o the merits of return decisions, the Agency shall provide the necessary assistance and, at the request of one or several participating Member States, ensure the coordination or the organisation of return operations, including through the chartering of aircraft for the purpose of such operations. The Agency may, on its own initiative, propose to Member States to coordinate or organise return operations.

2. Member States shall at least on a monthly basis inform the Agency of their planned national return operations, as well as of their needs for assistance or coordination by the Agency. The Agency shall draw up a rolling operational plan to provide the requesting Member States with the necessary operational

2. Member States shall at le ast on a monthly basis inform the Agency of their indi cative planni ng of the

number of retu rnees and the thi rd

countries of r eturn of r ele vant

plannednational for ced return operations, as well as of their needs for assistance or coordination by the Agency. The Agency shall draw up a

2. Member States shall at least on a monthly basis inform the Agency of their planned national return operations, as well as of their needs for assistance or coordination by the Agency. The Agency shall draw up a rolling operational plan to provide the requesting Member States with the necessary operational

2. Member States shall at le ast on a monthly basis inform the Agency of their indi cative planni ng of the

number of retu rnees and the thi rd

countries of r eturn of r ele vant

planned national for ced return operations, as well as of their needs for assistance or coordination by the Agency. The Agency shall draw up a

 

reinforcement, including technical equipment. The Agency may, on its own initiative, include in the rolling operational plan the dates and destinations of return operations it considers necessary, based on a needs assessment. The Management Board shall decide, on a proposal of the Executive Director, on themodus operandiof the rolling operational plan.

rolling operational plan to provide the requesting Member States with the necessary operational reinforcement, including technical equipment. The Agency may, on its own initiative or at the request of a

Member State , include in the rolling operational plan the dates and destinations of return operations it considers necessary, based on a needs assessment. The Management Board shall decide, on a proposal of the Executive Director, on themodus operandiof the rolling operational plan.

reinforcement, including technical equipment. The Agency may, on its own initiative, include in the rolling operational plan the dates and destinations of return operations it considers necessary, based on a needs assessment. The Management Board shall decide, on a proposal of

the Executive Director, on the modus operandi of the rolling operational plan.

rolling operational plan to provide the requesting Member States with the necessary operational reinforcement, including technical equipment. The Agency may, on its own initiative or at the request of a

Member State , include in the rolling operational plan the dates and destinations of return operations it considers necessary, based on a needs assessment. The Management Board shall decide, on a proposal of the Executive Director, on themodus operandiof the rolling operational plan.

3. The Agency may provide the necessary assistance and ensure, at the request of the participating Member States, or propose on its own initiative, the coordination or the organisation of return operations, for which the means of transport and forced return escorts are made available by a third country of return (‘collecting return operations’). The participating Member States and the Agency shall ensure that the respect of fundamental rights and the proportionate use of means of constraints are guaranteed during the entire removal operation. At least a Member State representative and a forced return monitor from the pool established under Article 28 shall be

3. The Agency may provide the necessary assistance and ensure, at the request of the participating Member State(s), or propose on its own initiative, the coordination or the organisation of return operations, for which the means of transport

and/or forced return escorts are made available by a third country of return (‘collecting return operations’).

The participating Member State(s) and the Agency shall ensure that the respect of fundamental rights and the proportionate use of means of constraints are guaranteed during the entire return removal operation. At least a Member State representative and a forced return monitor from the pool established under Article 28 or

3. The Agency may provide the necessary assistance and ensure, at the request of the participating Member States, or propose on its own initiative, the coordination or the organisation of return operations, for which the means of transport and forced return escorts are made available by a third country of return (‘collecting return operations’). The participating Member States and the Agency shall ensure that the respect of fundamental rights, the principle of non-refoulement, and the proportionate use of means of constraints are guaranteed during the entire removal operation. At least a Member State representative and a forced return monitor from the pool

3. The Agency may provide the necessary assistance and ensure, at the request of the participating Member States, or propose on its own initiative, the coordination or the organisation of return operations, for which the means of transport and forced return escorts are made available by a third country of return (‘collecting return operations’). The participating Member States and the Agency shall ensure that the respect of fundamental rights, the principle of non-refoulement, and the proportionate use of means of constraints are guaranteed during the entire return removal operation. At least a Member State representative and a forced return monitor from the

 

present throughout the entire return operation until arrival at the third country of return.

from the national moni toring s ystem

of the participatin g Mem ber State shall be present throughout the entire return operation until arrival at the third country of return.

established under Article 28 shall be present throughout the entire return operation until arrival at the third country of return.

pool established under Article 28or

from the national moni toring s ystem

of the participatin g Mem ber State shall be present throughout the entire return operation until arrival at the third country of return.

4. The Agency may provide the necessary assistance and ensure, at the request of the participating Member States or a third country, or propose on its own initiative, the coordination or the organisation of return operations, during which a number of returnees subject to a third-country return decision are passed from this third country to another third country of return

(‘mixed return operations’), provided that the third country that issued the return decision is bound by the European Convention on Human Rights. The participating Member States and the Agency must ensure that the respect of fundamental rights and the proportionate use of means

of constraints are guaranteed during the whole removal operation, notably with the presence of forced return monitors and of third-country forced return escorts.

4. The Agency may provide the necessary assistance and ensure, at the request of the participating Member State(s) or a third country, or propose on its own initiative, the coordination or the organisation of return operations, during which a number of returnees subject to a

third-country return d ecis ion order are passed from this third country to another third country of return (‘mixed return operations’), provided that the third country that issued the return de cision order ensu res the

presenc e of fo rced return escorts and is bound by the European Convention on Human Rights. The participating Member State(s) and the Agency must shall ensure that the respect of fundamental rights and the proportionate use of means of constraints are guaranteed during the whole removal r eturn operation, notably with the presence of forced return monitors and of th ird -countr y

forced return escorts .

4. The A genc y m a y provide the

necessa r y assistanc e and ensure, at

the request of the p articip ating

Member States or a thi rd countr y, or

propose on its own ini tiative, the

coordination or the or gan isation of

return oper ations, during which a

number of retu rnees subj ect to a

thi rd-countr y return d ecis ion are

passed from thi s third co untr y to

another thi rd countr y o f r eturn

(‘mix ed return operations ’), provided

that the thi rd countr y that issued the

return de cision is bound b y the

European Convention on Human

Rights. The particip ating Member

States and the A genc y m ust ensure

that the respe ct of funda mental ri ghts

and the proportionate us e of means

of constraint s ar e guar ant eed durin g

the whole removal op erat ion, notabl y

with the presenc e of fo rc ed return

moni tors and of thi rd -co untr y fo rced

return esco rts.

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4a. The Ex ecutive Directo r shall

draw up an op erational pl an without

 

4a. The Ex ecutive Direct or shall

draw up an op erational returnplan

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dela y for op erations defi ned in

paragr aphs 3 and 4. Th e Ex ecutive

Director and the particip ating

Member State(s) sh all a gree on the

operational plan det ailing the

organisational and pro ce dural aspe ct

of the return op eration. A n y

amendment to or adapt ation of thi s

operational plan shall r eq uire the

agreem ent of the a forem entioned

parties.

 

without dela y fo r oper ations defined

in paragr aph 3. The Ex ec utive

Director and the particip ating

Member State(s) sh all a gree on the

operational eturnplan d etailing the

organisational and pro ce dural aspe ct

of the return op eration,akin g

accou nt of the f un dame n tal righ ts

implications and risk s of su ch

operation s. An y amend ment to or

adaptation of thi s operati onal plan

shall require the a greeme nt of the

aforem entioned parties.

 

4b. The oper ational plan of

operations defined in p ar agraphs 3

and 4 shall be binding on the Agenc y

and the participatin g Me mber

State(s). It shall cove r all aspects that

are ne cessa r y for car r yin g out the

return oper ation.

 

4b. The oper ational plan of

operations defined in p ar agraph 3

shall be binding on the A gen c y and

the participatin g Member State(s). It

shall cover all asp ects tha t are

necessa r y for car r yin g ou t the return

operati on.

5. Every return operation shall be monitored in accordance with Article 8(6) of Directive 2008/115/EC. The monitoring of return operations shall be carried out on the basis of objective and transparent criteria and shall cover the whole return

operation from the pre-departure phase until the hand-over of the returnees in the third country of return.

5. Ever yReturn operations shall be monitored in accordance with Article 8(6) of Directive 2008/115/EC. The monitoring of return operations shall be carri ed out

on the basis of objective and

transparent criteria to b e s et out in the

operational plan and in li ne with the

Code of Conduct ref err e d to in

Article 34(2) and 34(3) o f thi s

Regulation shall cover the whole return operation from the pre- departure phase until the hand-over of the returnees in the third country

5. Every return operation shall be monitored in accordance with Article 8(6) of Directive 2008/115/EC. The monitoring offorcedreturn

operations shall be carried outby the forced return monitoron the basis of objective and transparent criteria and shall cover the whole return operation from the pre-departure phase until the hand-over of the returnees in the third country of return.The forced return monitor shall submit a report on an operation to the Executive Director,

5. Every return operation shall be monitored in accordance with Article 8(6) of Directive 2008/115/EC. The monitoring offorcedreturn

operations shall be carried outby the forced return monitoron the basis of objective and transparent criteria and shall cover the whole return operation from the pre-departure phase until the hand-over of the returnees in the third country of return.The forced return monitor shall submit a report on an operation to the Executive Director,

 

 

of return.

the Fundamental Rights Officer and to the competent national

authorities of all the Member States involved in that operation. Any appropriate follow-up shall be ensured by the Executive Director and competent national authorities respectively.

the Fundamental Rights Officer and to the competent national

authorities of all the Member States involved in that operation. If

necessary, appropriate follow-up shall be ensured by the Executive Director and competent national authorities respectively.

 

6. The Agency shall finance or co-finance return operations with

grants from its budget, in accordance with the financial rules applicable to the Agency, giving priority to those conducted by more than one Member State, or from hotspot areas.

6. The Agency shall finance or co-finance return operations with

gr ants from its budget, in accordance with the financial rules applicable to the Agency, giving priority to those conducted by more than one Member State, or from hotspot areas.

6. The Agency shall finance or co-finance return operations with

gr ants from its budgetand through contracts,in accordance with the financial rules applicable to the Agency, giving priority to those conducted by more than one Member State, or from hotspot areas.

6. The Agency shall finance or co-finance return operations with

gr ants from its budget, in accordance with the financial rules applicable to the Agency, giving priority to those conducted by more than one Member State, or from hotspot areas.

 

   

6a. The Agency shall not coordinate, organise or propose return operations or return interventions to any third country where risks of fundamental rights violations or serious deficiencies have been identified though risk analysis or reports from Union institutions, EEAS or Union agencies.

6a. In case it has concerns regarding the respect of fundamental rights of a return operation, the Agency shall communicate its concerns to the

participating Member States and the Commission.

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7a. The Executive Director shall evaluate the results of the return operations and transmit every six months a detailed evaluation report covering all return operations conducted in the previous semester to the Management Board, together

with the observations of the Fundamental Rights Officer. The

Agenc yExecutive Director shall make a comprehensive comparative analysis of those results with a view to enhancing the quality, coherence and effectiveness of future return operations, and it shall include it in its annual activity report.

Article 28

Pool of Forced Return Monitors

Article 28

Pool of Forced Return Monitors

Article 28

Pool of Forced Return Monitors

Article 28

Pool of Forced Return Monitors

1. The Agency shall constitute a pool of forced return monitors from national competent bodies who carry out forced return monitoring activities in accordance with Article 8(6) of Directive 2008/115/EC and who have been trained in accordance with Article 35.

1. The Agency shall constitute a pool of forced return monitors from

national competent bodies who carry out forced return monitoring activities in accordance with Article 8(6) of Directive 2008/115/EC and who have been trained in accordance with Article 35.

1. The Agency shall,after consulting the European Agency on Fundamental Rights,constitute a pool of forced return monitors from national competent bodies who carry out forced return monitoring activities in accordance with Article 8(6) of Directive 2008/115/EC and who have been trained in accordance with Article 35.

1. The Agency shall,after consulting the European Agency onFundamental Rights Officer constitute a pool of forced return monitors from national competent bodies who carry out forced return monitoring activities in accordance with Article 8(6) of Directive 2008/115/EC and who have been trained in accordance with Article

35.

2. The Executive Director shall determine the profile and the number of the forced return monitors to be made available to that pool. The same procedure shall apply with

2. The Mana gement Bo ard, on a

proposal of the Executive Director shall determine the profile and the number of the forced return monitors to be made available to that pool.

2. The Executive Director shall determine the profile and the number of the forced return monitors to be made available to that pool. The same procedure shall apply with

2. The Mana gement Bo ard, on a

proposal of the Executive Director shall determine the profile and the number of the forced return monitors to be made available to that pool.

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regard to any subsequent changes in the profile and the number. Member States shall contribute to the pool by nominating the forced return monitors corresponding to the defined profile.

The same procedure shall apply with regard to any subsequent changes in the profile and overall numbers.

Member States shall contribute,

where possibl e, to the pool by nominating the forced return monitors corresponding to the defined profile.

regard to any subsequent changes in the profile and the number. Member States shall contribute to the pool by nominating the forced return monitors corresponding to the defined profile.Forced return monitors with specific expertise in child protection shall be included in the pool.

The same procedure shall apply with regard to any subsequent changes in the profile and overall numbers.

Member States shallb e r esp onsible

f orcontributing to the pool by nominating the forced return monitors corresponding to the defined profile.Forced return monitors with specific expertise in child protection shall be included in the pool.

 

 

2a. The contribution of Mem ber

States as rega rds their for ced retu rn

moni tors to specific retur n operations

and int erventions for the following

ye a r shall be pl anned on the basis of

annual bilateral n e gotiations and

agreem ents betwe en the Agenc y and

Member States. In a ccor dance with

those agre ements, Memb er States

shall make the for ced r et urn moni tors

available fo r deplo yment at the

request of the A genc y, u nless the y

are f ac ed with an ex ceptional

situation subst antiall y a ff ecting th e

dischar ge of n ational tas ks. Such a

request shall be mad e at l east 21

working d a ys befo re the i ntended

deplo yment, or five work ing da ys in

case of a Rapid Return In tervention.

 

2a. The contribution of Mem ber

States as re ga rds their for ced retu rn

moni tors to specific retur n operations

and int erventions for the following

ye a r shall be pl anned on the basis of

annual bilateral n e gotiations and

agreem ents betwe en the Agenc y and

Member States. In a ccor dance with

those agre ements, Memb er States

shall make the for ced r et urn moni tors

available fo r deplo yment at the

request of the A genc y, u nless the y

are f ac ed with an ex ceptional

situation subst antiall y a ff ecting th e

dischar ge of n ational tas ks. Such a

request shall be mad e at l east 21

working d a ys befo re the i ntended

deplo yment, or five work ing da ys in

case of a Rapid Return In tervention.

3. The Agency shall make available the forced return monitors, upon request, to participating Member States to monitor, on their behalf, the correct implementation of the return operation and to take part in return interventions.

3. The Agency shall make available the forced return monitors, upon request, to participating Member States to monitor, on their behalf, the correct implementation

throughoutof the return operation and

to take part i n return interventions.

3. The Agency shall make available the forced return monitors, upon request, to participating Member States to monitor, on their behalf, the correct implementation of the return operation and to take part in return interventions.It shall make available forced return monitors with specific expertise in child protection for any return operation involving children.

3. The Agency shall make available the forced return monitors, upon request, to participating Member States to monitor, on their behalf, the correct implementation

throughoutof the return operation and

to take part in return interventions.It shall make available forced return monitors with specific expertise in child protection for any return operation involving children.

   

3a. Forced return monitors shall remain subject to the disciplinary measures of their home Member

3a. Forced return monitors shall remain subject to the disciplinary measures of their home Member

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State in the course of a return operation or return intervention.

State in the course of a return operation or return intervention.

Article 29

Pool of Forced Return Escorts

Article 29

Pool of Forced Return Escorts

Article 29

Pool of Forced Return Escorts

Article 29

Pool of Forced Return Escorts

1. The Agency shall constitute a pool of forced return escorts from national competent bodies who carry out return operations in accordance with the requirements referred to in Article 8(4) and (5) of Directive 2008/115/EC and who have been trained in accordance with Article 35.

1. The Agency shall constitute a pool of forced return escorts from national competent bodies who carry out return operations in accordance with the requirements referred to in Article 8(4) and (5) of Directive 2008/115/EC and who have been trained in accordance with Article 35.

1. The Agency shall constitute a pool of forced return escorts from national competent bodies who carry out return operations in accordance with the requirements referred to in Article 8(4) and (5) of Directive 2008/115/EC and who have been trained in accordance with Article 35.

1. The Agency shall constitute a pool of forced return escorts from national competent bodies who carry out return operations in accordance with the requirements referred to in Article 8(4) and (5) of Directive 2008/115/EC and who have been trained in accordance with Article 35.

2. The Executive Director shall determine the profile and the number of the forced return escorts to be made available to that pool. The same procedure shall apply with regard to any subsequent changes in the profile and the number. Member States shall contribute to the pool by nominating the forced return escorts corresponding to the defined profile.

2. The Mana gement Bo ard on a

proposal of the Executive Director shall determine the profile and the number of the forced return escorts to be made available to that pool. The same procedure shall apply with regard to any subsequent changes in the profile and the ov erall numbers.

Member States shall contribute to the pool by nominating the forced return escorts corresponding to the defined profile.

2. The Executive Director shall determine the profile and the number of the forced return escorts to be made available to that pool. The same procedure shall apply with regard to any subsequent changes in the profile and the number. Member States shall contribute to the pool by nominating the forced return escorts corresponding to the defined profile. Forced return escorts with specific expertise in child protection shall be included in the pool.

2. The Mana gement Bo ard on a

proposal of the Executive Director shall determine the profile and the number of the forced return escorts to be made available to that pool. The same procedure shall apply with regard to any subsequent changes in the profile and the ov erall numbers.

Member States shall contribute to the pool by nominating the forced return escorts corresponding to the defined profile.Forced return escorts with specific expertise in child protection shall be included in the pool.

 

2a. The contribution of Mem ber

States as rega rds their for ced retu rn

escorts to specific return operations

and int erventions or the f ollowing

ye a r shall be pl anned on the basis of

annual bilateral n e gotiations and

agreem ents betwe en the Agenc y and

 

2a. The contribution of Mem ber

States as re ga rds their for ced retu rn

escorts to specific return operations

and int erventions or the f ollowing

ye a r shall be pl anned on the basis of

annual bilateral n e gotiations and

agreem ents betwe en the Agenc y and

 

 

Member States. In a ccor dance with

those agre ements, Memb er States

shall make the for ced r et urn escorts

available fo r deplo yment at the

request of the A genc y, u nless the y

are f ac ed with an ex ceptional

situation subst antiall y a ff ecting th e

dischar ge of n ational tas ks. Such a

request shall be mad e at l east 21

working d a ys befo re the i ntended

deplo yment, or five work ing da ys in

case of a Rapid Return In tervention.

 

Member States. In a ccor dance with

those agre ements, Memb er States

shall make the for ced r et urn escorts

available fo r deplo yment at the

request of the A genc y, u nless the y

are f ac ed with an ex ceptional

situation subst antiall y a ff ecting th e

dischar ge of n ational tas ks. Such a

request shall be mad e at l east 21

working d a ys befo re the i ntended

deplo yment, or five work ing da ys in

case of a Rapid Return In tervention.

3. The Agency shall make available these escorts, upon request, to participating Member States to escort returnees on their behalf and to take part in return interventions.

3. The Agency shall make available the escorts, upon request, to participating Member States to escort returnees on their behalf and to take part in return ope rations and return interventions.

3. The Agency shall make available these escorts, upon request, to participating Member States to escort returnees on their behalf and to take part in returnoperations and interventions.It shall make available forced return escorts with specific expertise in child protection for any return operation involving children.

3. The Agency shall make available these escorts, upon request, to participating Member States to escort returnees on their behalf and to take part in returnoperations and interventions.It shall make available forced return escorts with specific expertise in child protection for any return operation involving children.

   

3a. Forced return escorts shall remain subject to the disciplinary measures of their home Member State in the course of a return operation or return intervention.

3a. Forced return escorts shall remain subject to the disciplinary measures of their home Member State in the course of a return operation or return intervention.

Article 30

Pool of Return Specialists

Article 30

Pool of Return Specialists

Article 30

Pool of Return Specialists

Article 30

Pool of Return Specialists

1. The Agency shall constitute a pool of return specialists from national competent bodies and from the staff of the Agency, who have the skills and expertise required for carrying out return-related activities

1. The Agency shall constitute a pool of return specialists from national competent bodies and from the staff of the Agency, who have the skills and expertise required for carrying out return-related activities

1. The Agency shall constitute a pool of return specialists from national competent bodies and from the staff of the Agency, who have the skills and expertise required for carrying out return-related activities

1. The Agency shall constitute a pool of return specialists from national competent bodies and from the staff of the Agency, who have the skills and expertise required for carrying out return-related activities

 

and who have been trained in accordance with Article 35. Those specialists shall be made available to carry out specific tasks, such as identification of particular groups of third-country nationals, the acquisition of travel documents from third countries and facilitation of consular cooperation.

and who have been trained in accordance with Article 35. Those specialists shall be made available to carry out specific tasks, such as identification of particular groups of third-country nationals, the acquisition of travel documents from third countries and facilitation of consular cooperation.

and who have been trained in accordance with Article 35. Those specialists shall be made available to carry out specific tasks, such as identification of particular groups of third-country nationals, the acquisition of travel documents from third countries and facilitation of consular cooperation.

and who have been trained in accordance with Article 35. Those specialists shall be made available to carry out specific tasks, such as identification of particular groups of third-country nationals, the acquisition of travel documents from third countries and facilitation of consular cooperation.

2. The Executive Director shall determine the profile and the number of the forced return escorts to be made available to that pool. The same procedure shall apply with regard to any subsequent changes in the profile and the number. Member States shall contribute to the pool by nominating the specialists corresponding to the defined profile.

2. The Mana gement Bo ard, on a

proposal of the Executive Director shall determine the profile and the number of the fo rced return

escorts speci alists to be made available to that pool. The same procedure shall apply with regard to any subsequent changes in the profile and overall number. Member States shall contribute to the pool by nominating the specialists corresponding to the defined profile

2. The Executive Director shall determine the profile and the number of the forced return escorts to be made available to that pool. The same procedure shall apply with regard to any subsequent changes in the profile and the number. Member States shall contribute to the pool by nominating the specialists corresponding to the defined profile. Return specialists with specific expertise in child protection shall be included in the pool.

2. The Mana gement Bo ard, on a

proposal of the Executive Director shall determine the profile and the number of the fo rced return

escorts speci alists to be made available to that pool. The same procedure shall apply with regard to any subsequent changes in the profile and overall number. Member States shall contribute to the pool by nominating the specialists corresponding to the defined profile. Return specialists with specific expertise in child protection shall be included in the pool.

 

2a. The contribution of Mem ber

States as rega rds their ret urn

specialist s to specific r eturn

operations and int erv entions for the

following ye ar shall be pl anned on

the basis of annual bilate ral

negotiations and a greeme nts between

the Agenc y and Member States. In

accord anc e with those a greements,

 

2a. The contribution of Mem ber

States as re ga rds their ret urn

specialist s to specific r eturn

operations and int erv entions for the

following ye ar shall be pl anned on

the basis of annual bilate ral

negotiations and a greeme nts between

the Agenc y and Member States. In

accord anc e with those a greements,

 

 

Member States shall mak e the return

specialist s available fo r d eplo yment

at the request of th e A ge nc y, unl ess

the y are fac ed with an ex ceptional

situation subst antiall y a ff ecting th e

dischar ge of n ational tas ks. Such a

request shall be mad e at l east 21

working d a ys befo re the i ntended

deplo yment, or five work ing da ys in

case of a Rapid Return In tervention.

 

Member States shall mak e the return

specialist s available fo r d eplo yment

at the request of th e A ge nc y, unl ess

the y are fac ed with an ex ceptional

situation subst antiall y a ff ecting th e

dischar ge of n ational tas ks. Such a

request shall be mad e at l east 21

working d a ys befo re the i ntended

deplo yment, or five work ing da ys in

case of a Rapid Return In tervention.

3. The Agency shall make available the specialists, upon request, to Member States participating in return operations and to take part in return interventions.

3. The Agency shall make available the r eturn specialists, upon request, to Member States participating in return operations, and to take part in return interventions.

3. The Agency shall make available the specialists, upon request, to Member Statesparticipa ting in r et urn

operations and to take p a rt in return

int erventions .It shall make available return specialists with specific expertise in child protection for any return operation involving children.

3. The Agency shall make available the r eturn specialists, upon request, to Member States participating in return operations, and to take part in return interventions.It shall make available return specialists with specific expertise in child protection for any return operation involving children.

   

3a. Return specialists shall remain subject to the disciplinary measures either of the Agency or of their home Member State in the course of a return operation or return intervention.

3a. Return specialists shall remain subject to the disciplinary measures eitherof the Agency or of their home Member State in the course of a return operation or return intervention.

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Article 31

European Return Intervention Teams

Article 31

European Return Intervention Teams

Article 31

European Return Intervention Teams

Article 31

European Return Intervention Teams

1. The Agency shall constitute, from the pools set out in Articles 28, 29 and 30, tailor-made European Return Intervention Teams for deployment during return interventions.

1. The Agency shall constitute, from the pools set out in Articles 28, 29 and 30, tailor-made European Return Intervention Teams for deployment during return interventions.

1. The Agency shall constitute, from the pools set out in Articles 28, 29 and 30, tailor-made European Return Intervention Teams for deployment during return interventions.

1. The Agency shall constitute, from the pools set out in Articles 28, 29 and 30, tailor-made European Return Intervention Teams for deployment during return interventions.

2. Articles 20, 21 and 23 shall applymutatis mutandisto the European Return Intervention Teams.

2. Articles 20, 21,and 23, 2 4 and

25 shall applymutatis mutandisto the European Return Intervention Teams.

2. Articles 20, 21 and 23 shall applymutatis mutandisto the European Return Intervention Teams.

2. Articles 20, 21 and 23 shall applymutatis mutandisto the European Return Intervention Teams.

Article 32

Return Interventions

Article 32

Return Interventions

Article 32

Return Interventions

Article 32

Return Interventions

1. In circumstances where Member States are facing a heavy burden when implementing the obligation to return illegally staying third-country nationals in accordance with Directive 2008/115/EC, the Agency shall, upon request of one or more Member States, provide the appropriate technical and operational assistance in the form of a return intervention. Such intervention may consist in the deployment of European Return Intervention Teams to the host Member States and the organisation of return operations from the host Member States. Member States shall regularly inform the Agency of their needs for technical and operational assistance,

1. In circumstances where a Member States a r eis facing a h eav y burden when implementing the obligation to return illegally staying third-country nationals in accordance with Directive 2008/115/EC, the Agency shall, upon request of one or

morethat Member State, provide the appropriate technical and operational assistance in the form of a return intervention. Such intervention may consist in of the deployment of European Return Intervention Teams to the host Member Stateand the organisation of return operations from the host Member State.

Member Sta tes conc ern e d shall

re gularl y inform the A ge nc y o f their

needs for te chnical and o perational

1. In circumstances where Member States are facing a heavy burden when implementing the obligation to return ille ga ll y sta yin g third-country nationalswho are the subject of return decisions issued by a Member Statein accordance with Directive 2008/115/EC, the Agency shall, upon request of one or more Member States, provide the appropriate technical and operational assistance in the form of a return interventionor a rapid return intervention.Such intervention may consist in the deploymentor rapid deploymentof European Return Intervention Teams to the host Member States and the organisation of return operations from the host

1. In circumstances where a Member States ar e is facing a h eav y burden when implementing the obligation to returnthird-country nationals who are the subject of return decisions issued by a Member State,the Agency shall, upon request of on e or m orethat Member State, provide the appropriate technical and operational assistance in the form of a return intervention. Such intervention may consist in of the deployment of European Return Intervention Teams to the host Member Stateand the organisation of return operations from the host Member State.

Member States conc ern e d shall

re gularl y inform the A ge nc y o f their

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and the Agency shall draw up a rolling plan for return interventions on this basis.

assist ance, and the A gen c y sh all

draw up a rolling plan fo r return

int erventions on thi s basis.

Member States. Member States shall regularly inform the Agency of their needs for technical and operational assistance, and the Agency shall draw up a rolling plan for return interventions on this basis.

needs for te chnical and o perational

assist ance, and the A gen c y sh all

draw up a rolling plan fo r return

int erventions on thi s basis.

2. In circumstances where Member States are facing specific and disproportionate pressure when implementing their obligation to return illegally staying third-country nationals in accordance with Directive 2008/115/EC, the Agency shall, upon the request of one or more Member States, provide the appropriate technical and operational assistance in the form of a rapid return intervention. The Agency may propose on its own initiative to provide to the Member States such technical and operational assistance. A rapid return intervention may consist in the rapid deployment of European Return Intervention Teams to the host Member States and the organisation of return operations from the host Member States.

2. In circumstances where aMember Statesar e is facing specific and disproportionate pressure when implementing their itobligation to return illegally staying third-country nationals in accordance with Directive 2008/115/EC, the Agency shall, upon the request of one or

morethat Member State, provide the appropriate technical and operational assistance in the form of a rapid return intervention. The Agency may propose on its own initiative to provide to theat Member States such technical and operational assistance. A rapid return intervention may consist in the rapid deployment of European Return Intervention Teams to the host Member States and the organisation of return operations from the host Member States .

2. In circumstanc es whe re

Member States ar e fa cin g spe cific

and disproportionate pr essure when

implementing their obligation to

return ille gall y sta yin g th ird -countr y

nationals in accord anc e with

Directive 2008/115/EC, the A genc y

shall, upon the request of one or

more Member States, pro vide the

appropriate t echnical and operational

assist ance in the form o f a rapid

return int ervention. Th e Agenc y ma y

propose on its own i nitiative to

provide to the Member S tates such

technical and op erational assist ance.

A rapid return int erventi on ma y

consist in the rapid deploym ent of

European Return Interv e ntion Teams

to the host Member States and the

organisation of return op erations

from the host Member States.

2. In circumstances where aMember Statesar e is facing specific and disproportionate pressure when implementing their itobligation to return ille gall y sta yin g th ird -countr y

nationals in accord anc e with

Directive 2008/115/EC third- country nationals who are the subject of return decisions issued by a Member State, the Agency shall, upon the request of one or

morethat Member State, provide the appropriate technical and operational assistance in the form of a rapid return intervention. The Agency may propose on its own initiative to provide to that Member States such technical and operational assistance. A rapid return intervention may consist in the rapid deployment of European Return Intervention Teams to the host Member States and the organisation of return operations from the host Member States .

3. The Executive Director shall draw up an operational plan without delay, in agreement with the host Member States and the Member

3. The Executive Director shall draw up an operational plan without delay, in agreement with the host Member Stateand the p articipati ng

3. The Executive Director shall draw up an operational plan without delay, in agreement with the host Member States and the Member

3. The Executive Director shall draw up an operational plan without delay, in agreement with the host Member Stateand the p articipati ng

image

image

image

 

States willing to participate in a return intervention.

Member States willing to participate

in aon the return intervention.

States willing to participate in a return intervention.Article 15 shall apply mutatis mutandis.

Member States willing to participate

in aon the return intervention.The relevant provisions of Article 15 shall apply.mutatis mutandis

 

4. The operational plan shall be binding on the Agency, the host Member States and the participating Member States, and it shall cover all aspects that are necessary for carrying out the return intervention, in particular the description of the situation, objectives, the start and foreseeable duration of the intervention, geographical coverage and possible deployment to third countries, composition of the European Return Intervention Team, logistics, financial provisions, modalities of cooperation with third countries, other Union agencies and bodies, relevant international and non-governmental organisations. Any amendment to or adaptation of the operational plan shall require the agreement of the Executive Director, the host Member State and the participating Member States. A copy of the amended or adapted

operational plan shall be immediately sent by the Agency to the Member States concerned and the Management Board.

4. The operational plan shall be binding on the Agency, the host Member States and the participating Member States. and it It shall cover all aspects that are necessary for carrying out the return intervention, in particular the description of the situation, objectives, the start and foreseeable duration of the intervention, geographical coverage and possible deployment to third countries, composition of the European Return Intervention Team, logistics, financial provisions, modalities of cooperation with third countries, other Union agencies and bodies, relevant international and non-governmental organisations.

4. The operational plan shall be binding on the Agency, the host Member States and the participating Member States, and it shall cover all aspects that are necessary for carrying out the return intervention, in particular the description of the situation, objectives, the start and foreseeable duration of the intervention, geographical coverage and possible deployment to third countries, composition of the European Return Intervention Team, logistics, financial provisions, modalities of cooperation with third countries, other Union agencies and bodies, relevant international and non-governmental organisations. Any amendment to or adaptation of the operational plan shall require the agreement of the Executive Director, the host Member State and the participating Member States. A copy of the amended or adapted

operational plan shall be immediately sent by the Agency to the Member States concerned and the Management Board.

deleted

 

4a. Any amendment to or adaptation of the operational plan shall require the agreement of the Executive Director, the host Member State and the participating Member States. A copy of the amended or

 

deleted

 

 

adapted operational plan shall be immediately sent by the Agency to the Member States concerned and the Management Board.

   

5. The Executive Director shall take a decision on the operational plan as soon as possible and, in the case referred to in paragraph 2, within five working days. The decision shall be immediately notified in writing to the Member States concerned and to the Management Board.

5. The Executive Director shall take a decision on the operational plan as soon as possible and, in the case referred to in paragraph 2, within five working days. The decision shall be immediately notified in writing to the Member States concerned and to the Management Board.

5. The Executive Director shall take a decision on the operational plan as soon as possible and, in the case referred to in paragraph 2, within five working days. The decision shall be immediately notified in writing to the Member States concerned and to the Management Board.

5. The Executive Director shall take a decision on the operational plan as soon as possible and, in the case referred to in paragraph 2, within five working days. The decision shall be immediately notified in writing to the Member States concerned and to the Management Board.

6. The Agency shall finance or co-finance return interventions with grants from its budget in accordance with the financial rules applicable to the Agency.

6. The Agency shall finance or co-finance return interventions with

gr ants from its budget in accordance with the financial rules applicable to the Agency.

6. The Agency shall finance or co-finance return interventions with

gr ants from its budgetand through contractsin accordance with the financial rules applicable to the Agency.

6. The Agency shall finance or co-finance return interventions with

gr ants from its budget in accordance with the financial rules applicable to the Agency.

CHAPTER III GENERAL PROVISIONS

SECTION 1 GENERALRULES

CHAPTER III GENERAL PROVISIONS

SECTION 1 GENERALRULES

CHAPTER III GENERAL PROVISIONS

SECTION 1 GENERALRULES

CHAPTER III GENERAL PROVISIONS

SECTION 1 GENRERAL RULES

Article 33

Protection of Fundamental Rights and a Fundamental Rights Strategy

Article 33

Protection of Fundamental Rights and a Fundamental Rights Strategy

Article 33

Protection of Fundamental Rights and a Fundamental Rights Strategy

Article 33

Protection of Fundamental Rights and a Fundamental Rights Strategy

1. The European Border and Coast Guard shall guarantee the protection of fundamental rights in the performance of its tasks under this Regulation in accordance with relevant Union law, in particular the Charter of Fundamental Rights of the European Union, relevant

1. The European Border an d

Coast Guard shall guarantee the protection of fundamental rights in the performance of its tasks under this Regulation in accordance with relevant Union law, in particular the Charter of Fundamental Rights of the European Union, relevant

1. The European Border and Coast Guard shall guarantee the protection of fundamental rights in the performance of its tasks under this Regulation in accordance with relevant Union law, in particular the Charterof Fundament al Rights of the

European Union ,the European

1. The European Border and CoastGuard shall guarantee the protection of fundamental rights in the performance of its tasks under this Regulation in accordance with relevant Union law, in particular the CharteroFun damen tal Righ ts

of the European Union th e

 

international law, including the Convention Relating to the Status of Refugees and obligations related to access to international protection, in particular the principle ofnon- refoulement. For that purpose, the Agency shall draw up and further develop and implement a Fundamental Rights Strategy.

international law, including the Convention Relating to the Status of Refugees and obligations related to access to international protection, in particular the principle ofnon- refoulement. For that purpose, the Agency shall draw up and further develop and implement a Fundamental Rights Strategy.

Convention for the Protection of Human Rights and Fundamental Freedoms,relevant international law, including theUnited Nations Convention on the Rights of the Child,the Convention on the Elimination of all Forms of Discrimination Against Women,the 1951Convention Relating to the Status of Refugees, the 1967 Protocol theretoand obligations related to access to international protection, in particular the principle ofnon-refoulement.For t hat purpose,

the Agenc y sh all draw up a nd further

develop and implement a

Fundamental Ri ghts Strateg y.

For that purpose, the Agency shall draw up and further develop and implement a Fundamental Rights Strategy including an effective mechanism to monitor the respect for fundamental rights in all the activities of the Agency.

It shall pay particular attention to children's rights so as toensure that the best interests of the child are respected in all its activities.

Europ ean Convention for the

Pro tection of Hu man Righ ts and

Fun damental Fre edo ms ,relevant international law,including

th eUnited Nation s Conven tion on

th e Righ ts of th e Child ,the

Convention on the Elimin ation of

all For ms of Discri min a tion

Again st Women ,the1951 Convention Relating to the Status of Refugees, the 1967 Protocol thereto and obligations related to access to international protection, in particular the principle of non-refoulement.

 

For that purpose, the Agency shall draw up and further develop and implement a Fundamental Rights Strategy including an effective mechanism to monitor the respect for fundamental rights in all the activities of the Agency.

2. In the performance of its tasks the European Border and Coast Guard shall ensure that no person is disembarked in, forced to enter, conducted to or otherwise handed over or returned to the authorities of

2. In the performance of its tasks the European Border and coast Guard shall ensure that no person is disembarked in, forced to enter, conducted to or otherwise handed over or returned to the authorities of

2. In the performance of its tasks the European Border and Coast Guard shall ensure that no person is disembarked in, forced to enter, conducted to or otherwise handed over or returned to the authorities of

2. In the performance of its tasks the European Borderand CoastGuard shall ensure that no person is disembarked in, forced to enter, conducted to or otherwise handed over or returned to the

 

a country in contravention of the principle ofnon-refoulement, or from which there is a risk of expulsion or return to another country in contravention of that principle.

a country in contravention of the principle ofnon-refoulement, or from which there is a risk of expulsion or return to another country in contravention of that principle.

a country in contravention of the principle of non-refoulement, or from which there is a risk of expulsion or return to another country in contravention of that principle.

authorities of a country in contravention of the principle ofnon- refoulement, or from which there is a risk of expulsion or return to another country in contravention of that principle.

3. The European Border and Coast Guard shall, in the performance of its tasks, take into

account the special needs of children, victims of trafficking in human beings, persons in need of medical assistance, persons in need of international protection, persons in distress at sea and other persons in a particularly vulnerable situation.

3. The European Border an d

Coast Guard shall, in the performance of its tasks, take into account the special needs of children, victims of trafficking in human beings, persons in need of medical assistance,

persons in need of international protection, persons in distress at sea and other persons in a particularly vulnerable situation.

3. The European Border and Coast Guard shall, in the performance of its tasks, take into account the special needs of children,unaccompanied minors, persons with disabilities,victims of trafficking in human beings, persons in need of medical assistance, persons in need of international protection, persons in distress at sea and other persons in a particularly vulnerable situation.

3. The European Border and CoastGuard shall, in the performance of its tasks, take into

account the special needs of children, unaccompanied minors, persons with disabilities,victims of trafficking in human beings, persons in need of medical assistance,

persons in need of international protection, persons in distress at sea and other persons in a particularly vulnerable situation.

The Europe an Bo rderan d

CoastGuard shall in all its activities pay particular attention to children's rights and ensure that the best interests of the child are respected.

 

4. In the performance of its tasks, in its relations with Member States and in its cooperation with third countries, the Agency shall take into account the reports of the Consultative Forum and the Fundamental Rights Officer.

4. In the performance of its tasks, in its relations with Member States and in its cooperation with third countries, the Agency shall take into account the reports of the Consultative Forum and the Fundamental Rights Officer.

4. In the performance of its tasks, in its relations with Member States and in its cooperation with third countries, the Agency shall take into account the reports of the Consultative Forum and the Fundamental Rights Officer.

4. In the performance of its tasks, in its relations with Member States and in its cooperation with third countries, the Agency shall take into account the reports of the Consultative Forum and the Fundamental Rights Officer.

Article 34

Codes of Conduct

Article 34

Codes of Conduct

Article 34

Codes of Conduct

Article 34

Codes of Conduct

1. The Agency shall draw up and further develop a Code of Conduct applicable to all border control operations coordinated by the Agency. The Code of Conduct shall lay down procedures intended to guarantee the principles of the rule of law and respect for fundamental rights with particular focus on unaccompanied minors and persons in a vulnerable situation, as well as on persons seeking international protection, applicable to all persons participating in the activities of the Agency.

1. The Agency shall draw up and further develop a Code of Conduct applicable to all border control operations coordinated by the Agency. The Code of Conduct shall lay down procedures intended to guarantee the principles of the rule of law and respect for fundamental rights with particular focus on unaccompanied minors and persons in a vulnerable situation, as well as on persons seeking international protection, applicable to all persons participating in the activities of the Agency.

1. The Agency shall draw up and further develop a Code of Conduct applicable to all border control operations coordinated by the Agency. The Code of Conduct shall lay down procedures intended to guarantee the principles of the rule of law and respect for fundamental rights with particular focus on vulnerable persons, including children,unaccompanied minors and otherpersons in a vulnerable situation, as well as on persons seeking international protection, applicable to all persons participating in the activities of the Agency.

1. The Agency shall draw up and further develop a Code of Conduct applicable to all border control operations coordinated by the Agency. The Code of Conduct shall lay down procedures intended to guarantee the principles of the rule of law and respect for fundamental rights with particular focus on vulnerable persons, including children,unaccompanied minors and otherpersons in a vulnerable situation, as well as on persons seeking international protection, applicable to all persons participating in the activities of the Agency.

2. The Agency shall develop and regularly update a Code of Conduct for the return of illegally staying third-country nationals which shall

apply during all return operations and return interventions coordinated or organised by the Agency. That Code of Conduct shall describe common standardised procedures to simplify

2. The Agency shall develop and regularly update a Code of Conduct for the return of illegally staying third-country nationals which shall

apply during all return operations and return interventions coordinated or organised by the Agency. That Code of Conduct shall describe common standardised procedures to simplify

2. The Agency shall develop and regularly update a Code of Conduct for the return of ille gall y sta yin g third-country nationalswho are the subject of return decisions issued by aMemberState in accordance with Directive 2008/115/EC,which shall

apply during all return operations and return interventions coordinated or

2. The Agency shall develop and regularly update a Code of Conduct for the return of third country nationals who are the subject of a return decisions issued by a Member State,which shall apply during all return operations and return interventions coordinated or organised by the Agency. That Code

 

the organisation of return operations and return interventions, and assure return in a humane manner and with full respect for fundamental rights, in particular the principles of human dignity, prohibition of torture and of inhuman or degrading treatment or punishment, the right to liberty and security and the right to the protection of personal data and non- discrimination.

the organisation of return operations and return interventions, and assure return in a humane manner and with full respect for fundamental rights, in particular the principles of human dignity, prohibition of torture and of inhuman or degrading treatment or punishment, the right to liberty and security and the right to the protection of personal data and non- discrimination.

organised by the Agency. That Code of Conduct shall describe common standardised procedures to simplify the organisation of return operations and return interventions, and assure return in a humane manner and with full respect for fundamental rights, in particular the principles of human dignity, prohibition of torture and of inhuman or degrading treatment or punishment, the right to liberty and security and the right to the protection of personal data and non- discrimination.

of Conduct shall describe common standardised procedures to simplify the organisation of return operations and return interventions, and assure return in a humane manner and with full respect for fundamental rights, in particular the principles of human dignity, prohibition of torture and of inhuman or degrading treatment or punishment, the right to liberty and security and the right to the protection of personal data and non- discrimination.

3. The Code of Conduct for return shall in particular pay attention to the obligation of Member States to provide for an effective forced-return monitoring system as set out in Article 8(6) of Directive 2008/115/EC 1 and to the

Fundamental Rights Strategy.

3. The Code of Conduct for return shall in particular pay attention to the obligation of Member States to provide for an effective forced-return monitoring system as set out in Article 8(6) of Directive

2008/115/EC 2 and to the

Fundamental Rights Strategy.

3. The Code of Conduct for return shall in particular pay attention to the obligation of Member States to provide for an effective forced-return monitoring system as set out in Article 8(6) of Directive 2008/115/EC 3 and to the

Fundamental Rights Strategy.

3. The Code of Conduct for return shall in particular pay attention to the obligation of Member States to provide for an effective forced-return monitoring system as set out in Article 8(6) of Directive 2008/115/EC 4 and to the

Fundamental Rights Strategy.

4. The Agency shall develop and regularly update its Codes of Conduct in cooperation with the Consultative Forum.

4. The Agency shall develop and regularly update its Codes of Conduct in cooperation with the Consultative Forum.

4. The Agency shall develop and regularly update its Codes of Conduct in cooperation with the Consultative Forum.

4. The Agency shall develop and regularly update its Codes of Conduct in cooperation with the Consultative Forum.

Article 35

Training

Article 35

Training

Article 35

Training

Article 35

Training

1. The Agency shall, in

1. The Agency shall, in

1. The Agency shall, in

1. The Agency shall, in

 

 

image

OJ L 348, 21.12.2008, p. 98.

OJ L 348, 21.12.2008, p. 98.

OJ L 348, 21.12.2008, p. 98.

OJ L 348, 21.12.2008, p. 98.

 

cooperation with the appropriate training entities of the Member States, develop specific training tools and provide border guards and other relevant staff who are members of

the European Border and Coast Guard Teams with advanced training relevant to their tasks and powers.

Experts from the staff of the Agency shall conduct regular exercises with those border guards in accordance with the advanced training and exercise schedule referred to in the annual work programme of the Agency.

cooperation with the appropriate training entities of the Member States, develop specific training tools and provide border guards and other relevant staff who are members of

the European Border and coast Guard Teams with advanced training relevant to their tasks and powers.

Experts from the staff of the Agency shall conduct regular exercises with those border guards in accordance with the advanced training and exercise schedule referred to in the annual work programme of the Agency.

cooperation with the appropriate training entities of the Member States,EASO and the European Union Agency for Fundamental Rights,develop specific training tools, including specific training in the protection of children and other persons in a vulnerable situation, and provide border guards and other relevant staff who are members of the European Border and Coast Guard Teams with advanced training relevant to their tasks and powers.

Experts from the staff of the Agency shall conduct regular exercises with those border guards in accordance with the advanced training and exercise schedule referred to in the annual work programme of the Agency.

cooperation with the appropriate training entities of the Member States,ad,wh ere appropriate, EASO and the European Union Agency for Fundamental Rights,develop

specific training tools, including specific training in the protection of children and other persons in a vulnerable situation,and provide border guards and other relevant staff who are members of the European Border and CoastGuard Teams with advanced training relevant to their tasks and powers. Experts from the staff of the Agency shall conduct regular exercises with those border guards in accordance with the advanced training and exercise schedule referred to in the annual work programme of the Agency.

2. The Agency shall take the necessary initiatives to ensure that all border guards and other relevant staff of the Member States who participate in the European Border and Coast Guard Teams, as well as the staff of the Agency, have received, prior to their participation in operational activities organised by the Agency, training in relevant Union and international law, including on fundamental rights, access to international protection and search and rescue.

2. The Agency shall take the necessary initiatives to ensure that all border guards and other relevant staff of the Member States who participate in the European Border a nd

coast Guard Teams, as well as the staff of the Agency, have received, prior to their participation in operational activities organised by the Agency, training in relevant Union and international law, including on fundamental rights, access to international protection and

where appropiate search and rescue.

2. The Agency shall take the necessary initiatives to ensure that all border guards and other relevant staff of the Member States who participate in the European Border and Coast Guard Teams, as well as the staff of the Agency, have received, prior to their participation in operational activities organised by the Agency, training in relevant Union and international law, including on fundamental rights, access to international protection and search and rescue.

The Agency shall take the necessary initiatives to ensure that all border guards and other relevant staff of the Member States who participate in the European Border and CoastGuard Teams, as well as the staff of the Agency, have received, prior to their participation in operational activities organised by the Agency, training in relevant Union and international law, including on fundamental rights, access to international protection and

where appropiate search and rescue.

 

   

2a. The Agency shall finance 100

% of the necessary training for border guards included in the rapid reaction pool referred to in Article 19(5), insofar as this training is required for the purposes of their participation in this pool.

2a. The Agency shall finance 100

% of the ne cessar y training for border guardsto be included in the rapid reaction pool referred to in Article 19(5), insof ar as t his training

is required for the purposes of their participation in this pool.

3. The Agency shall take the necessary initiatives to ensure training for staff involved in return- related tasks to be part of the pools referred to in Articles 28, 29 and 30. The Agency shall ensure that all staff who participate in return operations and in return interventions, as well as the staff of the Agency, have received, prior to their participation in operational activities organised by the Agency, training in relevant Union and international law, including fundamental rights and access to international protection.

3. The Agency shall take the necessary initiatives to ensure training for staff involved in return- related tasks to be part of the pools referred to in Articles 28, 29 and 30. The Agency shall ensure that all staff who participate in return operations and in return interventions, as well as the staff of the Agency, have received, prior to their participation in operational activities organised by the Agency, training in relevant Union and international law, including fundamental rights and access to international protection.

3. The Agency shall take the necessary initiatives to ensure training for staff involved in return- related tasks to be part of the pools referred to in Articles 28, 29 and 30. The Agency shall ensure that all staff who participate in return operations and in return interventions, as well as the staff of the Agency, have received, prior to their participation in operational activities organised by the Agency, training in relevant Union and international law, including fundamental rights, access to international protectionand

access to int ernational pr otectionreferral mechanisms for vulnerable persons.

3. The Agency shall take the necessary initiatives to ensure training for staff involved in return- related tasks to be part of the pools referred to in Articles 28, 29 and 30. The Agency shall ensure that all staff who participate in return operations and in return interventions, as well as the staff of the Agency, have received, prior to their participation in operational activities organised by the Agency, training in relevant Union and international law, including fundamental rights and access to international protection.

4. The Agency shall establish and further develop common core curricula for the training of border guards and provide training at European level for instructors of the national border guards of Member States, including with regard to fundamental rights, access to international protection and relevant

4. The Agency shall establish and further develop common core curricula for the training of border guards and provide training at European level for instructors of the national border guards of Member States, including with regard to fundamental rights, access to international protection and relevant

4. The Agency shall establish and further develop common core curricula for the training of border guards and provide training at European level for instructors of the national border guards of Member States, including with regard to fundamental rights, access to international protection and relevant

4. The Agency shall establish and further develop common core curricula for the training of border guards and provide training at European level for instructors of the national border guards of Member States, including with regard to fundamental rights, access to international protection and relevant

 

maritime law. The Agency shall draw up the common core curricula after consulting the Consultative

Forum. Member States shall integrate the common core curricula in the training of their national border guards and staff involved in return- related tasks.

maritime law. The Agency shall draw up the common core curricula after consulting the Consultative Forum and the Fundame ntal Rights

Office r. Member States shall integrate the common core curricula in the training of their national border guards and staff involved in return-related tasks.

maritime law.The core curricula shall aim to promote the highest standards and best practices in the implementation of Union border management legislation.The Agency shall draw up the common core curricula after consulting the Consultative Forum. Member States shall integrate the common core curricula in the training of their national border guards and staff involved in return-related tasks.

maritime law.The core curricula shall aim to promote the highest standards and best practices in the implementation of Union border management legislation.The Agency shall draw up the common core curricula after consulting the Consultative Forum and the

Fundamental Ri ghts Offi cer . Member States shall integrate the common core curricula in the training of their national border guards and staff involved in return- related tasks.

5. The Agency shall also offer additional training courses and seminars on subjects related to the control of the external borders and return of third-country nationals for officers of the competent national services of Member States.

5. The Agency shall also offer additional training courses and seminars on subjects related to the control of the external borders and return of third-country nationals for officers of the competent national services of Member States and wher e

appropriate o f thi rd coun tries.

5. The Agency shall also offer additional training courses and seminars on subjects related to the control of the external borders and return of third-country nationals for officers of the competent national services of Member States.

5. The Agency shall also offer additional training courses and seminars on subjects related to the control of the external borders and return of third-country nationals for officers of the competent national services of Member States and wher e

appropriate o f thi rd coun tries.

6. The Agency may organise training activities in cooperation with Member States and third countries on their territory.

6. The Agency may organise training activities in cooperation with Member States and third countries on their territory.

6. The Agency may organise training activities in cooperation with Member States and third countries on their territory.

6. The Agency may organise training activities in cooperation with Member States and third countries on their territory.

7. The Agency shall establish an exchange programme enabling border guards participating in the European Border and Coast Guard Teams and staff participating in the European Return Intervention Teams to acquire knowledge or specific know-how from experiences and

7. The Agency shall establish an exchange programme enabling border guards participating in the European Border and C o ast Guard Teams and staff participating in the European Return Intervention Teams to acquire knowledge or specific know-how from experiences and

7. The Agency shall establish an exchange programme enabling border guards participating in the European Border and Coast Guard Teams and staff participating in the European Return Intervention Teams to acquire knowledge or specific know-how from experiences and

7. The Agency shall establish an exchange programme enabling border guards participating in the European Borderand CoastGuard Teams and staff participating in the European Return Intervention Teams to acquire knowledge or specific know-how from experiences and

image

 

good practices abroad by working with border guards and staff involved in return-related tasks in a Member State other than their own.

good practices abroad by working with border guards and staff involved in return-related tasks in a Member State other than their own.

good practices abroad by working with border guards and staff involved in return-related tasks in a Member State other than their own.

good practices abroad by working with border guards and staff involved in return-related tasks in a Member State other than their own.

Article 36

Research and innovation

Article 36

Research and innovation

Article 36

Research and innovation

Article 36

Research and innovation

1. The Agency shall proactively monitor and contribute to research and innovation activities relevant for the control of the external borders, including the use of advanced surveillance technology such as remotely piloted aircraft systems, and for return. The Agency shall disseminate the results of that research to the Commission and the Member States. It may use those results as appropriate in joint operations, rapid border

interventions, return operations and return interventions.

1. The Agency shall proactively monitor and contribute to research and innovation activities relevant for the control of the external borders, including the use of advanced surveillance technology such as

remot el y piloted aircr aft s ystems, and for return. The Agency shall disseminate the results of that research to the Commission and the Member States. It may use those results as appropriate in joint operations, rapid border

interventions, return operations and return interventions.

1. The Agency shall proactively monitor and contribute to research and innovation activities relevant forthe control of th e ex ternal borders,

including the use o f adva nced

surveillance te chnolo g y such as

remot el y piloted aircr aft s ystems, and

for return European integrated border management. The Agency shall disseminate the results of that research to theEuropean Parliament, to the Member States and to theCommission and the

Member States make them publicly available. It may use those results as appropriate in joint operations, rapid border interventions, return operations and return interventions.

1. The Agency shall proactively monitor and contribute to research and innovation activities relevant forthe control of th e ex ternal borders, European integrated border managementincluding the use of advanced surveillance technology.

such as remot el y piloted aircr aft

s ystems, and fo r retu rn The Agency shall disseminate the results of that research to theEuropean Parliament, to the Member States and to theCommission in

accord anc e with Article 49. and the

Member States mak e th e m pu blicly

available. It may use those results as appropriate in joint operations, rapid border interventions, return operations and return interventions.

2. The Agency shall assist the Member States and the Commission in identifying key research themes. The Agency shall assist the Commission in the definition and accomplishment of the relevant Union framework programmes for

2. The Agency shall assist the Member States and the Commission in identifying key research themes. The Agency shall assist Member

States and the Commission in the definition and accomplishment of the relevant Union framework

2. The Agency shall assist the Member States and the Commission in identifying key research themes. The Agency shall assistMember States andthe Commission in the definition and accomplishment of the relevant Union framework

2. The Agency shall assist the Member States and the Commission in identifying key research themes. The Agency shall assist Member

States and the Commission in the definition and accomplishment of the relevant Union framework

 

research and innovation activities.

programmes for research and innovation activities.

programmes for research and innovation activities.

programmes for research and innovation activities.

3. The Agency shall, within the Framework Programme for Research and Innovation, in particular the Specific Programme Implementing Horizon 2020 implement the parts of the Framework Programme for Research and Innovation which

relate to border security. For that purpose, the Agency shall have the following tasks:

3. The Agency shall, within the

Frame work Pro gr amme f or Resear ch

and Innovation,in particu lar the

Specific P ro gramme Imp lementing

Horiz on 2020 implement the parts of the Framework Programme for Research and Innovation which relate to border security. For that purpose, the Agency shall have the following tasks:

3. The Agency shall, within the Framework Programme for Research and Innovation, in particular the Specific Programme Implementing Horizon 2020 implement the parts of the Framework Programme for Research and Innovation which

relate to border security. For that purpose, the Agency shall have the following tasks:

3. The Agency shall, within the

Frame work Pro gr amme f or Resear ch

and Innovation,in particu lar the

Specific P ro gramme Imp lementing

Horiz on 2020implement the parts of the Framework Programme for Research and Innovation which relate to border security. For that purpose, the Agency shall have the following tasks:

(a) managing some stages of programme implementation and some phases in the lifetime of specific projects on the basis of the relevant work programmes adopted by the Commission, where the Commission has empowered the Agency to do so in the instrument of delegation;

(a) managing some stages of programme implementation and some phases in the lifetime of specific projects on the basis of the relevant work programmes adopted by the Commission, where the Commission has empowered the Agency to do so in the instrument of delegation;

(a) managing some stages of programme implementation and some phases in the lifetime of specific projects on the basis of the relevant work programmes adopted by the Commission, where the Commission has empowered the Agency to do so in the instrument of delegation;

(a) managing some stages of programme implementation and some phases in the lifetime of specific projects on the basis of the relevant work programmes adopted by the Commission, where the Commission has empowered the Agency to do so in the instrument of delegation;

(b) adopting the instruments of budget execution for revenue and expenditure and carrying out all the operations necessary for the management of the programme, where the Commission has empowered the Agency to do so in the instrument of delegation;

(b) adopting the instruments of budget execution for revenue and expenditure and carrying out all the operations necessary for the management of the programme, where the Commission has empowered the Agency to do so in the instrument of delegation;

(b) adopting the instruments of budget execution for revenue and expenditure and carrying out all the operations necessary for the management of the programme, where the Commission has empowered the Agency to do so in the instrument of delegation;

(b) adopting the instruments of budget execution for revenue and expenditure and carrying out all the operations necessary for the management of the programme, where the Commission has empowered the Agency to do so in the instrument of delegation;

(c) providing support in programme implementation where the Commission has empowered the Agency to do so in the instrument of delegation.

(c) providing support in programme implementation where the Commission has empowered the Agency to do so in the instrument of delegation.

(c) providing support in programme implementation where the Commission has empowered the Agency to do so in the instrument of delegation.

(c) providing support in programme implementation where the Commission has empowered the Agency to do so in the instrument of delegation.

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4. The Agency may plan and implement pilot projects regarding matters covered by this Regulation.

4. The Agency may plan and implement pilot projects regarding matters covered by this Regulation.

4. The Agency may plan and implement pilot projects regarding matters covered by this Regulation.

4. The Agency may plan and implement pilot projects regarding matters covered by this Regulation.

Article 37

Acquisition of technical equipment

Article 37

Acquisition of technical equipment

Article 37

Acquisition of technical

Article 37

Acquisition of technical equipment

1. The Agency may acquire, itself or in co-ownership with a Member State, or lease technical equipment to be deployed during joint operations, pilot projects, rapid border interventions, return operations, return interventions or technical assistance projects in accordance with the financial rules applicable to the Agency.

1. The Agency may acquire, itself or in co-ownership with a Member State, or lease technical equipment to be deployed during joint operations, pilot projects, rapid border interventions, return operations, return interventions, mi gration

mana gement support te a ms or technical assistance projects in accordance with the financial rules applicable to the Agency.

1. The Agency may acquire, itself or in co-ownership with a Member State, or lease technical equipment to be deployed during joint operations, pilot projects, rapid border interventions, return operations, return interventions or technical assistance projects in accordance with the financial rules applicable to the Agency.

1. The Agency may acquire, itself or in co-ownership with a Member State, or lease technical equipment to be deployed during joint operations, pilot projects, rapid border interventions, return operations, return interventions, mi gration

mana gement support te a ms or technical assistance projects in accordance with the financial rules applicable to the Agency.

2. The Agency may acquire technical equipment, such as fingerprinting equipment, by decision of the Executive Director in consultation with the Management Board. Any acquisition or leasing of equipment entailing significant costs to the Agency shall be preceded by a thorough needs and cost/benefit analysis. Any such expenditure shall be provided for in the Agency’s budget as adopted by the Management Board.

2. The Agency may acquire technical equipment, suc h as

finge rprinting equipment , by decision of the Executive Director in consultation with the Management Board. Any acquisition or leasing of equipment entailing significant costs to the Agency shall be preceded by a thorough needs and cost/benefit analysis. Any such expenditure shall be provided for in the Agency’s budget as adopted by the Management Board.

2. The Agency may acquire technical equipment, suc h as

finge rprinting equipment , by decision of the Executive Director in consultation with the Management Board. Any acquisition or leasing of equipment entailing significant costs to the Agency shall be preceded by a thorough needs and cost/benefit analysisand be decided upon by the Management Board. Any such expenditure shall be provided for in the Agency’s budget as adopted by the Management Board.

2. The Agency may acquire technical equipment, suc h as

finge rprinting equipment by decision of the Executive Director in consultation with the Management Board. Any acquisition or leasing of equipment entailing significant costs to the Agency shall be preceded by a thorough needs and cost/benefit analysisad be d ecided upon by th e

Man agem ent Board . Any such expenditure shall be provided for in the Agency’s budget as adopted by the Management Board.

3. Where the Agency acquires or leases major technical equipment, such as open sea and coastal patrol vessels, helicopters or other aircraft

3. Where the Agency acquires or leases major technical equipment,

such as open se a and coa stal patrol

vessels, heli copters or ot her air cra ft

3. Where the Agency acquires or leases major technical equipment,

such as open se a and coa stal patrol

vessels, heli copters or ot her air cra ft

3. Where the Agency acquires or leases major technical equipment,

such as open se a and coa stal patrol

vessels, heli copters or ot her air cra ft

 

or vehicles the following conditions shall apply:

or vehicles 1 the following conditions

shall apply:

or vehicles the following conditions shall apply:

or vehicles the following conditions shall apply:

(a) in case of acquisition by the Agency or co-ownership, the Agency shall agree with one Member State that that Member State shall provide for the registration of the equipment in accordance with the applicable legislation of that Member State;

(a) in case of acquisition by the Agency or co-ownership, the Agency shall agree with one Member State that that Member State shall provide for the registration of the equipment in accordance with the applicable legislation of that Member State;

(a) in case of acquisition by the Agency or co-ownership, the Agency shall agree with one Member State that that Member State shall provide for the registration of the equipment in accordance with the applicable legislation of that Member State;

(a) in case of acquisition by the Agency or co-ownership, the Agency shall agree with one Member State that that Member State shall provide for the registration of the equipment in accordance with the applicable legislation of that Member State;

(b) in case of leasing, the equipment shall be registered in a Member State.

(b) in case of leasing, the equipment shall be registered in a Member State.

(b) in case of leasing, the equipment shall be registered in a Member State.

(b) in case of leasing, the equipment shall be registered in a Member State.

4. On the basis of a model agreement drawn up by the Agency, the Member State of registration and the Agency shall agree on modalities ensuring the periods of full availability of the co-owned assets for the Agency, as well as on the terms of use of the equipment. Technical equipment owned solely by the Agency shall be made available to the Agency upon its request and the Member State of registration may not invoke the exceptional situation referred to in Article 38(4).

4. On the basis of a model agreement drawn up by the

Ex ecutive Director and a pproved b y

the Mana gement Boa rd A gen c y, the Member State of registration and the Agency shall agree on modalities ensuring th e int erope rabi lit y o f the

equipment and the periods of full availability of the co-owned

assets equipment for the Agency, as well as on the terms of use of the equipment. Technical equipment owned solely by the Agency shall be made available to the Agency upon its request and the Member State of registration may not invoke the exceptional situation referred to in Article 38(4).

4. On the basis of a model agreement drawn up by the Agency, the Member State of registration and the Agency shall agree on modalities ensuring the periods of full availability of the co-owned assets for the Agency, as well as on the terms of use of the equipment. Technical equipment owned solely by the Agency shall be made available to the Agency upon its requestat any timeand the Member State of registration may not invoke the exceptional situation referred to in Article 38(4).

4. On the basis of a model agreement drawn up by the Agency

and approved b y the Man agement

Board, the Member State of registration and the Agency shall agree on modalities ensuring the

int eroperabilit y of the eq uipment and the periods of full availability of the co-owned assets for the Agency, as well as on the terms of use of the equipment,including specific provisions on rapid deploymentduringrapid border intervention operations.Technical equipment owned solely by the Agency shall be made available to the Agency upon its requestaany

tim eand the Member State of registration may not invoke the exceptional situation referred to in

 

 

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Will be put in recital.

 

     

Article 38(4).

5. The Member State of registration or the supplier of technical equipment shall provide the necessary experts and technical crew to operate the technical equipment in a legally sound and safe manner.

5. The Member State of registration or the supplier of technical equipment shall provide the necessary experts and technical crew to operate the technical equipment in a legally sound and safe manner.

5. The Member State of registration or the supplier of technical equipment shall provide the necessary experts and technical crew to operate the technical equipment in a legally sound and safe manner.

5. The Member State of registration or the supplier of technical equipment shall provide the necessary experts and technical crew to operate the technical equipment in a legally sound and safe manner.

Article 38

Technical equipment pool

Article 38

Technical equipment pool

Article 38

Technical equipment pool

Article 38

Technical equipment pool

1. The Agency shall set up and keep centralised records of equipment in a technical equipment pool composed of equipment owned

either by the Member States or by the Agency and equipment co-owned by the Member States and the Agency for external border control or return purposes.

1. The Agency shall set up and keep centralised records of equipment in a technical equipment pool composed of equipment owned

either by the Member States or by the Agency and equipment co-owned by the Member States and the Agency for external border control or return purposes.

1. The Agency shall set up and keep centralised records of equipment in a technical equipment pool composed of equipment owned

either by the Member States or by the Agency and equipment co-owned by the Member States and the Agency for external border control, border surveillance, search and rescueor return purposes.

1. The Agency shall set up and keep centralised records of equipment in a technical equipment pool composed of equipment owned

either by the Member States or by the Agency and equipment co-owned by the Member States and the Agency forits operational activi ties.

   

1a. Equipment owned by the Agency shall be fully available for deployment at any time as referred to in Article 37(4).

1a. Equipment solely owned by the Agency shall be fully available for deployment at any time as referred to in Article 37(4).

   

1b. Equipment co-owned by the Agency at a share of more than 50% shall also be fully available for deployment at any time.

1b. Equipment co-owned by the Agency at a share of more than 50% shall also be available for deployment in accordance with the agreement between MS and Agency as referred to in 37(4).

   

1c. The Agency shall ensure the compatibility and interoperability of the equipment listed in the technical equipment pool.

To that end it shall define technical

1c. The Agency shall ensure the compatibility and interoperability of the equipment listed in the technical equipment pool.

To that end it shall define technical

 

   

standards to be met by equipment to be acquired, totally or partially, by the Agency and of the equipment owned by Member States which is listed in the technical equipment pool.

standards to be met by equipment to be acquired, totally or partially, by the Agency and of the equipment owned by Member States which is listed in the technical equipmentpool, where su ch tech nical

stan dards are necessary for th e

participat ion in activities of th e

Agency.

2. The Executive Director shall identify the minimum number of technical equipment in accordance with the needs of the Agency, notably in order to be able to carry out joint operations and rapid border interventions, in accordance with the its work programme for the year in question.

If the minimum number of technical equipment proves to be insufficient to carry out the operational plan agreed for joint operations or rapid border interventions, the Agency shall revise it on the basis of justified needs and of an agreement with the Member States.

2. The Executive Director shall identify the minimum number of technical equipment in accordance with the needs of the Agency, notably in order to be able to carry out joint operations, migr ati on

mana gement support te a ms and,

rapid border interventionsreturn

operations and r eturn interventions, in accordance with the its work programme for the year in question. If the minimum number of technical equipment proves to be insufficient to carry out the operational plan agreed for joint operations or rapid border interventions, the Agency shall revise it on the basis of justified needs and of an agreement with the Member States.

2. The Executive Director shall identify the minimum number of technical equipment in accordance with the needs of the Agency, notably in order to be able to carry out joint operations and rapid border interventions, in accordance with the its work programme for the year in question.

If the minimum number of technical equipment proves to be insufficient to carry out the operational plan agreed for joint operations or rapid border interventions, the Agency shall revise it on the basis of justified needs and of an agreement with the Member States.

2. The Executive Director shall identify the minimum number of technical equipment in accordance with the needs of the Agency, notably in order to be able to carry out joint operations, migr ati on

mana gement support te a ms and,

rapid border interventionsreturn

operations and r eturn interventions, in accordance with the its work programme for the year in question. If the minimum number of technical equipment proves to be insufficient to carry out the operational plan agreed for joint operations or rapid border interventions, the Agency shall revise it on the basis of justified needs and of an agreement with the Member States.

3. The technical equipment pool shall contain the minimum number of equipment identified as needed by

the Agency per type of technical equipment. The equipment listed in the technical equipment pool shall be

3. The technical equipment pool shall contain the minimum number of equipment identified as needed by

the Agency per type of technical equipment. The equipment listed in the technical equipment pool shall be

3. The technical equipment pool shall contain the minimum number of equipment identified as needed by

the Agency per type of technical equipment. The equipment listed in the technical equipment pool shall be

3. The technical equipment pool shall contain the minimum number of equipment identified as needed by

the Agency per type of technical equipment.. The equipment listed in the technical equipment pool shall be

 

deployed during joint operations, pilot projects, rapid border interventions, return operations or return interventions.

deployed during joint operations,

migration mana gement s upport teams pilot projects, rapid border interventions, return operations or return interventions.

deployed during joint operations, pilot projects, rapid border interventions, return operations or return interventions.

deployed during joint operations,

migration mana gement s upport teams pilot projects, rapid border interventions, return operations or return interventions.

   

3a. Equipment included in the technical equipment pool shall be made available at any time for rapid border interventions. Member States may not invoke the exceptional situation referred to in paragraph 4.

3a. The equipment pool shall contain a rapid reaction equipment pool with a limited number of equipment needed for possible rapid border interventions. The contributions of Member States to this pool shall be planned in accordance with annual bilateral negociations and agreements referred in paragraph 4. For the equipment on this list, Member States may not invoke the exceptional situation referred to in paragraph 4.

The equipment on this list shall be sent to the destination for deployment as soon as possible but not later than 10 days after the date on which the operational plan is agreed.

The Agency shall contribute to this pool with equipment at the Agency’s disposal as referred to in article 37(1).

4. Member States shall contribute to the technical equipment pool. The contribution by Member States to the

4. Member States shall contribute to the technical equipment pool. The contribution by Member States to the

4. Member States shall contribute to the technical equipment pool. The contribution by Member States to the

4. Member States shall contribute to the technical equipment pool. The contribution by Member States to the

 

pool and deployment of the technical equipment for specific operations shall be planned on the basis of annual bilateral negotiations and agreements between the Agency and Member States. In accordance with those agreements and to the extent that it forms part of the minimum number of technical equipment for a given year, Member States shall make their technical equipment available for deployment at the request of the Agency, unless they are faced with an exceptional situation substantially affecting the discharge of national tasks. Such

request shall be made at least 30 days before the intended deployment. The contributions to the technical equipment pool shall be reviewed annually.

pool and deployment of the technical equipment for specific operations shall be planned on the basis of annual bilateral negotiations and agreements between the Agency and Member States. In accordance with those agreements and to the extent that it forms part of the minimum number of technical equipment for a given year, Member States shall make their technical equipment available for deployment at the request of the Agency, unless they are faced with an exceptional situation substantially affecting the discharge of national tasks. Such request shall be made at least 30 45

da ys for major te chnical equipment

and 30 da ys for oth er equ ipm ent da ys before the intended deployment. The contributions to the technical equipment pool shall be reviewed annually.

pool and deployment of the technical equipment for specific operations shall be planned on the basis of annual bilateral negotiations and agreements between the Agency and Member States. In accordance with those agreements and to the extent that it forms part of the minimum number of technical equipment for a given year, Member States shall make their technical equipment available for deployment at the request of the Agency, unless they are faced with an exceptional situation substantiallyaffecting the discharge of national tasks.If a Member State invokes such an exceptional situation, it shall provide detailed reasons and information on the situation in a letter to the Agency, the content of which shall be included in the report referred to in paragraph 7.

Such a request shall be made at least 30 days before the intended deployment. The contributions to the technical equipment pool shall be reviewed annually.

pool and deployment of the technical equipment for specific operations shall be planned on the basis of annual bilateral negotiations and agreements between the Agency and Member States. In accordance with those agreements and to the extent that it forms part of the minimum number of technical equipment for a given year, Member States shall make their technical equipment available for deployment at the request of the Agency, unless they are faced with an exceptional situation substantially affecting the discharge of national tasks.If a Member State invokes such an exceptional situation, it shall provide detai led in writing

com prehensive reasons and information on the situation to the Agency, the content of which shall be included in the report referred to in paragraph 7.Such request shall be made at least 4 5 da ys for major

technical equipment and 30 da ys for

other equipment before the intended deployment. The contributions to the technical equipment pool shall be reviewed annually.

5. On a proposal of the Executive Director, the Management Board shall decide, on a yearly basis, on the rules relating to technical equipment,

5. On a proposal of the Executive Director, the Management Board shall decide, on a yearly basis, on the rules relating to technical equipment,

5. On a proposal of the Executive Director, the Management Board shall decide, on a yearly basis, on the rules relating to technical equipment,

5. On a proposal of the Executive Director, the Management Board shall decide, on a yearly basis, on the rules relating to technical equipment,

 

including the required overall minimum numbers per type of technical equipment, the conditions for deployment and reimbursement of costs. For budgetary purposes that decision should be taken by the Management Board within 30 days from the date of adoption of the annual work programme.

including the required overall minimum numbers per type of technical equipment, the conditions for deployment and reimbursement of costs. For budgetary purposes that decision should be taken by the Management Board b y 3 0 J une each

ye r.withi n 30 da ys f rom the date of

adoption of the annual w ork

programm e.

including the required overall minimum numbers per type of technical equipment, the conditions for deployment and reimbursement of costs. For budgetary purposes that decision should be taken by the Management Board within 30 days from the date of adoption of the annual work programme.

including the required overall minimum numbers per type of technical equipment, the conditions for deployment and reimbursement of costs as well on the limited number of technical equipment for a rapid reaction equipmet pool. For budgetary purposes that decision should be taken by the Management Board b y 30 J une e ach year. withi n

30 da ys from the date o f adoption of

the annual work p ro gram me.

   

5a. If unexpected needs for technical equipment for a joint operation or a rapid border intervention arise after the minimum amount of technical equipment has been set and those needs cannot be met from the technical equipment pool, Member

States shall on an ad hoc basis make the necessary technical equipment available for deployment to the Agency upon its request.

5aa. In case a Rapid Border Intervention Operation is deployed, article 16(12) will apply accordingly.

     

5ab. If unexpected needs for technical equipment for a joint operation or a rapid border intervention arise after the minimum amount of technical equipment has been set and those needs cannot be met from the technical equipment pool and the Rapid Reaction equipment pool, Member States shall, where

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possible, on an ad hoc basis make the necessary technical equipment available for deployment to the Agency upon its request.

6. The Executive Director shall report on the composition and the deployment of equipment which is part of the technical equipment pool to the Management Board at each of its meetings. Where the minimum number of technical equipment is not reached, the Executive Director shall inform the Management Board without delay. The Management Board shall take a decision on the prioritisation of the deployment of the technical equipment urgently and take the appropriate steps to remedy the identified shortcomings. The Management Board shall inform the Commission of the identified shortcomings and the steps taken. The Commission shall subsequently inform the European Parliament and the Council thereof, and of its own assessment.

6. The Executive Director shall regularly report on the composition and the deployment of equipment which is part of the technical equipment pool to the Management Board at ea ch of its meet ings . Where the minimum number of technical equipment is not reached, the Executive Director shall inform the Management Board without delay. The Management Board shall take a decision on the prioritisation of the deployment of the technical equipment urgently and take the appropriate steps to remedy the identified shortcomings. The Management Board shall inform the Commission of the identified shortcomings and the steps taken. The Commission shall subsequently inform the European Parliament and the Council thereof, and of its own assessment.

6. The Executive Director shall report on the composition and the deployment of equipment which is part of the technical equipment pool to the Management Board at each of its meetings. Where the minimum number of technical equipment is not reached, the Executive Director shall inform the Management Board without delay. The Management Board shall take a decision on the prioritisation of the deployment of the technical equipment urgently and take the appropriate steps to remedy the identified shortcomings. The Management Board shall inform the Commission of the identified shortcomings and the steps taken. The Commission shall subsequently inform the European Parliament and the Council thereof, and of its own assessment.

6. The Executive Director shall regularly report on the composition and the deployment of equipment which is part of the technical equipment pool to the Management Board at ea ch of its meet ings . Where the minimum number of technical equipment is not reached, the Executive Director shall inform the Management Board without delay. The Management Board shall take a decision on the prioritisation of the deployment of the technical equipment urgently and take the appropriate steps to remedy the identified shortcomings. The Management Board shall inform the Commission of the identified shortcomings and the steps taken. The Commission shall subsequently inform the European Parliament and the Council thereof, and of its own assessment.

7. The Agency shall inform the European Parliament on an annual basis of the number of technical equipment that each Member State has committed to the technical equipment pool in accordance with

7. The Agency shall inform the European Parliament on an annual basis of the number of technical equipment that each Member State has committed to the technical equipment pool in accordance with

7. The Agency shall

inform submit a report tothe European Parliament on an annual basis of the number of technical equipment that each Member State has committed to the technical

7. The Agency shall

inform submit a report tothe European Parliament on an annual basis of the number of technical equipment that each Member State has committed to the technical

 

this Article.

this Article.

equipment pool in accordance with this Article.That report shall list the Member States that invoked the exceptional situation referred to in paragraph 4 in the previous year and include the reasons and information provided by the Member State concerned.

equipment pool in accordance with this Article.That report shall list the Member States that invoked the exceptional situation referred to in paragraph 4 in the previous year and include the reasons and information provided by the Member State concerned.

8. Member States shall register in the technical equipment pool all the means of transport and operating equipment purchased under the Specific Actions of the Internal Security Fund in accordance with Article 7(1) of Regulation (EU)

No 515/2014 1of the European

Parliament and of the Council or any other dedicated Union funding made available to the Member States in view of increasing the operational capacity of the Agency. That technical equipment shall form part of the minimum number of technical equipment for a given year.

The Member States shall make that

8. Member States shall register in the technical equipment pool all the means of transport and operating equipment purchased under the Specific Actions of the Internal Security Fund in accordance with Article 7(1) of Regulation (EU)

No 515/2014 2 of the European

Parliament and of the Council or,

where relev ant, any other dedicated Union funding made available to the Member States in view of increasing the operational capacity of the Agency. That technical equipment will form part of the minimum number of technical equipment for a given year.

8. Member States shall register in the technical equipment pool all the means of transport and operating equipment purchased under the Specific Actions of the Internal Security Fund in accordance with Article 7(1) of Regulation (EU)

No 515/2014 3of the European

Parliament and of the Council or any other dedicated Union funding made available to the Member States in view of increasing the operational capacity of the Agency. That technical equipment shall form part of the minimum number of technical equipment for a given year.

The Member States shall make that

8. Member States shall register in the technical equipment pool all the means of transport and operating equipment purchased under the Specific Actions of the Internal Security Fund in accordance with Article 7(1) of Regulation (EU)

No 515/2014 4 of the European

Parliament and of the Council or,

where relev ant, any other dedicated Union funding made available to the Member States in view of increasing the operational capacity of the Agency. That technical equipment will form part of the minimum number of technical equipment for a given year.

 

 

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Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visa and repealing Decision No 574/2007/EC (OJ L 150, 20.5.2014, p. 143).

Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visa and repealing Decision No 574/2007/EC (OJ L 150, 20.5.2014, p. 143).

Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visa and repealing Decision No 574/2007/EC (OJ L 150, 20.5.2014, p. 143).

Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visa and repealing Decision No 574/2007/EC (OJ L 150, 20.5.2014, p. 143).

 

technical equipment available for deployment to the Agency upon its request and it may not invoke the exceptional situation referred to in paragraph 4.

The Member States shall make that technical equipment available for deployment to the Agency upon its request.and In cas e of an operation as

mentioned in Arti cle 16 or in Article

18, it may not invoke the exceptional situation referred to in paragraph 4.

technical equipment available for deployment to the Agency upon its request and it may not invoke the exceptional situation referred to in paragraph 4.

The Member States shall make that technical equipment available for deployment to the Agency upon its request.and In cas e of an operation as

mentioned in Arti cle 16 or in Article

18, it may not invoke the exceptional situation referred to in paragraph 4.

9. The Agency shall manage the records of the technical equipment pool as follows:

9. The Agency shall manage the records of the technical equipment pool as follows:

9. The Agency shall manage the records of the technical equipment pool as follows:

9. The Agency shall manage the records of the technical equipment pool as follows:

(a) classification by type of equipment and by type of operation;

(a) classification by type of equipment and by type of operation;

(a) classification by type of equipment and by type of operation;

(a) classification by type of equipment and by type of operation;

(b) classification by owner (Member State, Agency, other);

(b)classification by owner (Member State, Agency, other);

(b) classification by owner (Member State, Agency, other);

(b) classification by owner (Member State, Agency, other);

(c) overall numbers of required equipment;

(c) overall numbers of required equipment;

(c) overall numbers of required equipment;

(c) overall numbers of required equipment;

(d) crew requirements if applicable;

(d) crew requirements if applicable;

(d) crew requirements if applicable;

(d) crew requirements if applicable;

(e) other information, such as registration details, transportation and maintenance requirements, national applicable export regimes, technical instructions, or other relevant information to handle the equipment correctly.

(e) other information, such as registration details, transportation and maintenance requirements, national applicable export regimes, technical instructions, or other relevant information to handle the equipment correctly.

(e) other information, such as registration details, transportation and maintenance requirements, national applicable export regimes, technical instructions, or other relevant information to handle the equipment correctly.

(e) other information, such as registration details, transportation and maintenance requirements, national applicable export regimes, technical instructions, or other relevant information to handle the equipment correctly.

10. The Agency shall finance at 100% the deployment of the technical equipment which forms part of the minimum number of technical equipment provided by a

given Member State for a given year. The deployment of technical equipment which does not form part of the minimum number of technical

10. The Agency shall finance at 100% the deployment of the technical equipment which forms part of the minimum number of technical equipment provided by a

given Member State for a given year. The deployment of technical equipment which does not form part of the minimum number of technical

10. The Agency shall finance at 100% the deployment of the technical equipment which forms part of the minimum number of technical equipment provided by a

given Member State for a given year. The deployment of technical equipment which does not form part of the minimum number of technical

10. The Agency shall finance at 100% the deployment of the technical equipment which forms part of the minimum number of technical equipment provided by a

given Member State for a given year. The deployment of technical equipment which does not form part of the minimum number of technical

image

 

equipment shall be co-financed by

the Agency up to a maximum of 75% of the eligible expenses, taking into account the particular circumstances of the Member States deploying such technical equipment.

equipment shall be co-financed by the Agency up to a maximum of

75100% of the eligible expenses, taking into account the particular circumstances of the Member States deploying such technical equipment.

equipment shall be co-financed by

the Agency up to a maximum of 75% of the eligible expenses, taking into account the particular circumstances of the Member States deploying such technical equipment.

equipment shall be co-financed by

the Agency up to a maximum of 75% 100% of the eligible expenses, taking into account the particular circumstances of the Member States deploying such technical equipment.

Article 39

Tasks and powers of the members of the teams

Article 39

Tasks and powers of the members of the teams

Article 39

Tasks and powers of the members of the teams

Article 39

Tasks and powers of the members of the teams

1. Members of the teams shall have the capacity to perform all tasks and exercise all powers for border control and return as well as those which are necessary for the realisation of the objectives of Regulation (EC) No 562/2006 and Directive 2008/115/EC, respectively.

1. Members of the teams shall have the capacity to perform all tasks and exercise all powers for border control and return as well as those which are necessary for the realisation of the objectives of Regulation (EC) No 562/2006 and Directive 2008/115/EC, respectively.

1. Members of the teams shall have the capacity to perform all tasks and exercise all powers for border control and return as well as those which are necessary for the realisation of the objectives of Regulation (EC) No

562/20062016/399and Directive 2008/115/EC, respectively.

1. Members of the teams shall have the capacity to perform all tasks and exercise all powers for border control and return as well as those which are necessary for the realisation of the objectives of Regulation (EC) No

562/20062016/399and Directive 2008/115/EC, respectively.

2. While performing their tasks and exercising their powers, members of the teams shall comply with Union and international law, and shall observe fundamental rights and the national law of the host Member State.

2. While performing their tasks and exercising their powers, members of the teams shall comply with Union and international law, and shall observe fundamental rights and the national law of the host Member State.

2. While performing their tasks and exercising their powers, members of the teams shall comply with Union and international law, and shall observe fundamental rights and the national law of the host Member State.

2. While performing their tasks and exercising their powers, members of the teams shall comply with Union and international law, and shall observe fundamental rights and the national law of the host Member State.

3. Members of the teams may only perform tasks and exercise powers under instructions from and, as a general rule, in the presence of border guards or staff involved in return-related tasks of the host Member State unless authorised by the host Member State to act on its behalf.

3. Members of the teams may only perform tasks and exercise powers under instructions from and, as a general rule, in the presence of border guards or staff involved in return-related tasks of the host Member State. The host Member

State ma y authorise mem bers of the

teams to act on its behalf.

3. Members of the teams may only perform tasks and exercise powers under instructions from and, as a general rule, in the presence of border guards or staff involved in return-related tasks of the host Member State unless authorised by the host Member State to act on its behalf.

3. Members of the teams may only perform tasks and exercise powers under instructions from and, as a general rule, in the presence of border guards or staff involved in return-related tasks of the host Member State. The host Member

State ma y authorise mem bers of the

teams to act on its behalf.

 

4. Members of the teams shall wear their own uniform while performing their tasks and exercising their powers. They shall wear a blue armband with the insignia of the Union and the Agency on their uniforms, identifying them as participating in a joint operation, pilot project, rapid border intervention, return operation or return intervention. For the purposes

of identification vis-à-vis the national authorities of the host Member State, members of the teams shall, at all times, carry an accreditation document, which they shall present upon request.

4. Members of the teams shall wear, wher e approp riate , their own uniform while performing their tasks and exercising their powers. They shall wear a blue armband with the insignia of the Union and the Agency on their uniforms, identifying them

as participating in a joint operation,migration man agement

support teams, pilot project, rapid border intervention, return operation or return intervention. For the purposes of identification vis-à-vis the national authorities of the host Member State, members of the teams shall, at all times, carry an accreditation document, which they shall present upon request.

4. Members of the teams shall wear their own uniform while performing their tasks and exercising their powers. They shallalsowear visible personal identification anda blue armband with the insignia of the Union and the Agency on their uniforms, identifying them as participating in a joint operation, pilot project, rapid border intervention, return operation or return intervention. For the purposes

of identification vis-à-vis the national authorities of the host Member State, members of the teams shall, at all times, carry an accreditation document, which they shall present upon request.

4. Members of the teams shall wear, wher e approp riate , their own uniform while performing their tasks and exercising their powers. They shallalsowearvisible personal identification anda blue armband with the insignia of the Union and the Agency on their uniforms, identifying them as participating in a joint operation, migratio n

mana gement support te a ms, pilot project, rapid border intervention, return operation or return intervention. For the purposes of identification vis-à-vis the national authorities of the host Member State, members of the teams shall, at all times, carry an accreditation document, which they shall present upon request.

5. While performing their tasks and exercising their powers, members of the teams may carry service weapons, ammunition and equipment as authorised according to the home Member State’s national law. However, the host Member

State may prohibit the carrying of certain service weapons, ammunition and equipment, provided that its own legislation applies the same prohibition to its own border guards or staff involved in return-related tasks. The host Member State shall,

5. While performing their tasks and exercising their powers, members of the teams may carry service weapons, ammunition and equipment as authorised according to the home Member State’s national law. However, the host Member

State may prohibit the carrying of certain service weapons, ammunition and equipment, provided that its own legislation applies the same prohibition to its own border guards or staff involved in return-related tasks. The host Member State shall,

5. While performing their tasks and exercising their powers, members of the teams may carry service weapons, ammunition and equipment as authorised according to the home Member State’s national law. However, the host Member

State may prohibit the carrying of certain service weapons, ammunition and equipment, provided that its own legislation applies the same prohibition to its own border guards or staff involved in return-related tasks. The host Member State shall,

5. While performing their tasks and exercising their powers, members of the teams may carry service weapons, ammunition and equipment as authorised according to the home Member State’s national law. However, the host Member

State may prohibit the carrying of certain service weapons, ammunition and equipment, provided that its own legislation applies the same prohibition to its own border guards or staff involved in return-related tasks. The host Member State shall,

 

in advance of the deployment of the members of the teams, inform the Agency of the permissible service weapons, ammunition and equipment and of the conditions for their use.

The Agency shall make this information available to Member States.

in advance of the deployment of the members of the teams, inform the Agency of the permissible service weapons, ammunition and equipment and of the conditions for their use.

The Agency shall make this information available to Member States.

in advance of the deployment of the members of the teams, inform the Agency of the permissible service weapons, ammunition and equipment and of the conditions for their use.

The Agency shall make this information available to Member States.

in advance of the deployment of the members of the teams, inform the Agency of the permissible service weapons, ammunition and equipment and of the conditions for their use.

The Agency shall make this information available to Member States.

6. While performing their tasks and exercising their powers, members of the teams shall be authorised to use force, including service weapons, ammunition and equipment, with the consent of the home Member State and the host Member State, in the presence of border guards of the host Member State and in accordance with the national law of the host Member State. The host Member State may, with the consent of the home Member State, authorise members of the teams to use force in the absence of border guards of the host Member State.

6. While performing their tasks and exercising their powers, members of the teams shall be authorised to use force, including service weapons, ammunition and equipment, with the consent of the home Member State and the host Member State, in the presence of border guards of the host Member State and in accordance with the national law of the host Member State. The host Member State may, with the consent of the home Member State, authorise members of the teams to use force in the absence of border guards of the host Member State.

6. While performing their tasks and exercising their powers, members of the teams shall be authorised to use force, including service weapons, ammunition and equipment, with the consent of the home Member State and the host Member State, in the presence of border guards of the host Member State and in accordance with the national law of the host Member State. The host Member State may, with the consent of the home Member State, authorise members of the teams to use force in the absence of border guards of the host Member State.

6. While performing their tasks and exercising their powers, members of the teams shall be authorised to use force, including service weapons, ammunition and equipment, with the consent of the home Member State and the host Member State, in the presence of border guards of the host Member State and in accordance with the national law of the host Member State. The host Member State may, with the consent of the home Member State, authorise members of the teams to use force in the absence of border guards of the host Member State.

7. Service weapons, ammunition and equipment may be used in legitimate self-defence and in legitimate defence of members of the teams or of other persons, in accordance with the national law of the host Member State.

7. Service weapons, ammunition and equipment may be used in legitimate self-defence and in legitimate defence of members of the teams or of other persons, in accordance with the national law of the host Member State.

7. Service weapons, ammunition and equipment may be used in legitimate self-defence and in legitimate defence of members of the teams or of other persons, in accordance with the national law of the host Member State.

7. Service weapons, ammunition and equipment may be used in legitimate self-defence and in legitimate defence of members of the teams or of other persons, in accordance with the national law of the host Member State.

8. For the purpose of this Regulation, the host Member State

8. For the purpose of this Regulation, the host Member State

8. For the purpose of this Regulation, the host Member State

8. For the purpose of this Regulation, the host Member State

 

shall authorise members of the teams to consult its national and European databases the consultation of which is necessary for border checks, border surveillance and return. The members of the teams shall consult only those data which are required for performing their tasks and exercising their powers. The host Member State shall, in advance of the deployment of the members of the teams, inform the Agency of the national and European databases which may be consulted. The Agency shall make this information available to all Member States participating in the deployment.

That consultation shall be carried out in accordance with Union law and the national law of the host Member State in the area of data protection.

shall authorise members of the teams to consult its nati onal and European

databases and it ma y aut horise them

to consult its nati onal databases the

consultat ion of which is a renecessary for fulfilling op erational aims

specified in the ope rati on al plan

onborder checks, border surveillance and return. The members of the teams shall consult only those data which are required for performing their tasks and exercising their powers. The host Member State shall, in advance of the deployment of the members of the teams, inform the Agency of the national and European databases which may be consulted. The Agency shall make this information available to all Member States participating in the deployment.

That consultation shall be carried out in accordance with Union law and the national law of the host Member State in the area of data protection.

shall authorise members of the teams to consult its national and European databases the consultation of which is necessary for border checks, border surveillance and return.

Member States shall ensure that

they provide such database access in an efficient and effective manner.

The members of the teams shall consult only those data which are required for performing their tasks and exercising their powers. The host Member State shall, in advance of

the deployment of the members of the teams, inform the Agency of the national and European databases which may be consulted. The Agency shall make this information available to all Member States participating in the deployment.

shall authorise members of the teams to consult its nati onal and European

databases and it ma y aut horise them

to consult its nati onal databases the consultation ofwhich is ar enecessary for fulfilling op erational aims

specified in the ope rati on al plan

onborder checks, border surveillance and return.Member States shall ensure that they provide such database access in an efficient and effective manner. The members of the teams shall consult only those data which are required for performing their tasks and exercising their powers. The host Member State shall, in advance of the deployment of the members of the teams, inform the Agency of the national and European databases which may be consulted. The Agency shall make this information available to all Member States participating in the deployment.

That consultation shall be carried out in accordance with Union law and the national law of the host Member State in the area of data protection.

9. Decisions to refuse entry in accordance with Article 13 of Regulation (EC) No 562/2006 shall be taken only by border guards of the host Member State or by the members of the teams if authorised

9. Decisions to refuse entry in accordance with Article 13 of Regulation (EC) No 562/2006 shall be taken only by border guards of the host Member State or by the members of the teams if authorised

9. Decisions to refuse entry in accordance with Article 13 14of Regulation (EC) No

562/20062016/399shall be taken only by border guards of the host Member State or by the members of

9. Decisions to refuse entry in accordance with Article 13 14of Regulation (EC EU) No

562/20062016/399shall be taken only by border guards of the host Member State or by the members of

 

by the host Member State to act on its behalf.

by the host Member State to act on its behalf.

the teams if authorised by the host Member State to act on its behalf.

the teams if authorised by the host Member State to act on its behalf.

Article 40

Accreditation document

Article 40

Accreditation document

Article 40

Accreditation document

Article 40

Accreditation document

1. The Agency shall, in cooperation with the host Member State, issue a document in the official language of the host Member State and another official language of the institutions of the Union to the members of the teams for the

purpose of identifying them and as proof of the holder’s rights to perform the tasks and exercise the powers as referred to in Article 39.

The document shall include the following features of each member of the teams:

1. The Agency shall, in cooperation with the host Member State, issue a document in the official language of the host Member State and another official language of the institutions of the Union to the members of the teams for the

purpose of identifying them and as proof of the holder’s rights to perform the tasks and exercise the powers as referred to in Article 39.

The document shall include the following features of each member of the teams:

1. The Agency shall, in cooperation with the host Member State, issue a document in the official language of the host Member State and another official language of the institutions of the Union to the members of the teams for the

purpose of identifying them and as proof of the holder’s rights to perform the tasks and exercise the powers as referred to in Article 39.

The document shall include the following features of each member of the teams:

1. The Agency shall, in cooperation with the host Member State, issue a document in the official language of the host Member State and another official language of the institutions of the Union to the members of the teams for the

purpose of identifying them and as proof of the holder’s rights to perform the tasks and exercise the powers as referred to in Article 39.

The document shall include the following features of each member of the teams:

(a) name and nationality;

(a) name and nationality;

(a) name and nationality;

(a) name and nationality;

(b) rank or job title;

(b) rank or job title;

(b) rank or job title;

(b) rank or job title;

(c) a recent digitised photograph; and

(c) a recent digitised photograph; and

(c) a recent digitised photograph; and

(c) a recent digitised photograph; and

(d) tasks authorised to be performed.

(d) tasks authorised to be performeddu rin g the depl o yment .

(d) tasks authorised to be performed.

(d) tasks authorised to be performeddu rin g the depl o yment .

2. The document shall be returned to the Agency at the end of the joint operation, pilot project, rapid border intervention, return operation or return intervention.

2. The document shall be returned to the Agency at the end of the joint operation, migration man agement

support teams , pilot project, rapid border intervention, return operation or return intervention.

2. The document shall be returned to the Agency at the end of the joint operation, pilot project, rapid border intervention, return operation or return intervention.

2. The document shall be returned to the Agency at the end of the joint operation, migration man agement

support teams , pilot project, rapid border intervention, return operation or return intervention.

Article 41

Civil liability

Article 41

Civil liability

Article 41

Civil liability

Article 41

Civil liability

1. Where members of the teams are operating in a host Member State,

1. Where members of the teams are operating in a host Member State,

1. Where members of the teams are operating in a host Member State,

1. Where members of the teams are operating in a host Member State,

 

that Member State shall be liable in accordance with its national law for any damage caused by them during their operations.

that Member State shall be liable in accordance with its national law for any damage caused by them during their operations.

that Member State shall be liable in accordance with its national law for any damage caused by them during their operations.

that Member State shall be liable in accordance with its national law for any damage caused by them during their operations.

2. Where such damage is caused by gross negligence or willful misconduct, the host Member State may approach the home Member State in order to have any sums it has paid to the victims or persons entitled on their behalf reimbursed by the home Member State.

2. Where such damage is caused by gross negligence or willful misconduct, the host Member State may approach the home Member State in order to have any sums it has paid to the victims or persons entitled on their behalf reimbursed by the home Member State.

2. Where such damage is caused by gross negligence or wilful misconductor in excess of duty,the host Member State may approach the home Member Stateor the Agency

in order to have any sums it has paid to the victims or persons entitled on their behalf reimbursed by the home Member Stateor by the Agency.

2. Where such damage is caused by gross negligence or willful misconduct, the host Member State may approach the home Member State in order to have any sums it has paid to the victims or persons entitled on their behalf reimbursed by the home Member State.

3. Without prejudice to the exercise of its rights vis-à-vis third parties, each Member State shall waive all its claims against the host Member State or any other Member State for any damage it has sustained, except in cases of gross negligence

or willful misconduct.

3. Without prejudice to the exercise of its rights vis-à-vis third parties, each Member State shall waive all its claims against the host Member State or any other Member State for any damage it has sustained, except in cases of gross negligence

or willful misconduct.

3. Without prejudice to the exercise of its rights vis-à-vis third parties, each Member State shall waive all its claims against the host Member State or any other Member State for any damage it has sustained, except in cases of gross negligence

or willful wilfulmisconduct.

3. Without prejudice to the exercise of its rights vis-à-vis third parties, each Member State shall waive all its claims against the host Member State or any other Member State for any damage it has sustained, except in cases of gross negligence

or willful misconduct.

4. Any dispute between Member States relating to the application of paragraphs 2 and 3 which cannot be resolved by negotiations between them shall be submitted by them to the Court of Justice of the European Union in accordance with Article 273 TFEU.

4. Any dispute between Member States relating to the application of paragraphs 2 and 3 which cannot be resolved by negotiations between them shall be submitted by them to the Court of Justice of the European Union in accordance with Article 273 TFEU.

4. Any dispute between Member Statesor between a Member State and the Agencyrelating to the application of paragraphs1,2 and 3 which cannot be resolved by negotiations between them shall be submitted by them to the Court of Justice of the European Union in accordance withArticle 2 73 TFEU the Treaties.

4. Any dispute between Member States relating to the application of paragraphs 2 and 3 which cannot be resolved by negotiations between them shall be submitted by them to the Court of Justice of the European Union in accordance with Article 273 TFEU.

   

4a. Where members of the teams are operating on the territory of a third country the Agency shall be

deleted

 

   

liablefor any damage caused by them during their operations.

Paragraphs 2 , 3 and 4 shall apply mutatis mutandis.

 

5. Without prejudice to the exercise of its rights vis-à-vis third parties, the Agency shall meet costs related to damage caused to the Agency’s equipment during deployment, except in cases of gross negligence or willful misconduct.

5. Without prejudice to the exercise of its rights vis-à-vis third parties, the Agency shall meet costs related to damage caused to the Agency’s equipment during deployment, except in cases of gross negligence or willful misconduct.

5. Without prejudice to the exercise of its rights vis-à-vis third parties, the Agency shall meet costs related to damage caused to the Agency’s equipment during deployment, except in cases of gross negligence or willful misconduct.

5. Without prejudice to the exercise of its rights vis-à-vis third parties, the Agency shall meet costs related to damage caused to the Agency’s equipment during deployment, except in cases of gross negligence or willful misconduct.

Article 42

Criminal liability

Article 42

Criminal liability

Article 42

Criminal liability

Article 42

Criminal liability

During the deployment of a joint operation, pilot project, rapid border intervention, return operation or return intervention, members of the teams shall be treated in the same way as officials of the host Member State with regard to any criminal offences that might be committed against them or by them.

During the deployment of a joint operation, pilot project, migration

mana gement support te a ms, rapid border intervention, return operation or return intervention, members of the teams shall be treated in the same way as officials of the host Member State with regard to any criminal offences that might be committed against them or by them.

During the deployment of a joint operation, pilot project, rapid border intervention, return operation or return intervention, members of the teams shall be treated in the same way as officials of the host Member State with regard to any criminal offences that might be committed against them or by them.

During the deployment of a joint operation, pilot project, migration

mana gement support te a ms, rapid border intervention, return operation or return intervention, members of the teams shall be treated in the same way as officials of the host Member State with regard to any criminal offences that might be committed against them or by them.

 

SECTION 2 INFORMATION EXCHANGE AND DATA

PROTECTION

SECTION 2 INFORMATION EXCHANGE AND DATA

PROTECTION

SECTION 2 INFORMATION EXCHANGE AND DATA

PROTECTION

SECTION 2 INFORMATION EXCHANGE AND DATA

PROTECTION

Article 43

Information exchange systems

Article 43

Information exchange systems

Article 43

Information exchange systems

Article 43 Information exchange systems

1. The Agency may take all

1. The Agency may take all

1. The Agency may take all

1. The Agency may take all

necessary measures to facilitate the

necessary measures to facilitate the

necessary measures to facilitate the

necessary measures to facilitate the

exchange of information relevant to

exchange of information relevant to

exchange of information relevant to

exchange of information relevant to

its tasks with the Commission and

its tasks with the Commission and

its tasks with the Commission and

its tasks with the Commission and

the Member States and, where

the Member States and, where

the Member States and, where

the Member States and, where

appropriate, the relevant Union

appropriate, the relevant Union

appropriate, the relevant Union

appropriate, the relevant Union

Agencies. It shall develop and

Agencies. It shall develop and

Agencies. It shall develop and

Agencies. It shall develop and

operate an information system

operate an information system

operate an information system

operate an information system

capable of exchanging classified

capable of exchanging classified

capable of exchanging classified

capable of exchanging classified

information with those actors, as well

information with those actors, as well

information with those actors, as well

information with those actors, as well

as personal data referred to in

as personal data referred to in

as personal data referred to in

as personal data referred to in

Articles 44, 46, 47 and 48 in

Articles 44, 46, 47 and 48 in

Articles 44, 46, 47 and 48 in

Articles 44, 46, 47 and 48 in

accordance with Council Decision

accordance with Council Decision

accordance with Council Decision

accordance with Council Decision

2001/264/EC 1 and Commission

2013/488 2001/264/EC and

2001/264/EC 4 and Commission

2013/488 2001/264/EC and

Decision (EU, Euratom) 2015/444.2

Commission Decision (EU, Euratom)

Decision (EU, Euratom) 2015/444.5

Commission Decision (EU, Euratom)

2015/444.3

2015/444.6

2. The Agency may take all necessary measures to facilitate the

2. The Agency may take all necessary measures to facilitate the

2. The Agency may take all necessary measures to facilitate the

2. The Agency may take all necessary measures to facilitate the

 

 

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Council Decision 2001/264/EC of 19 March 2001 adopting the Council's security regulations (OJ L 101, 11.4.2001, p. 1).

Commission Decision 2015/444 (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).

Commission Decision 2015/444 (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).

Council Decision 2001/264/EC of 19 March 2001 adopting the Council's security regulations (OJ L 101, 11.4.2001, p. 1).

Commission Decision 2015/444 (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).

Commission Decision 2015/444 (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).

image

 

exchange of information relevant for its tasks with the United Kingdom and Ireland if it relates to the activities in which they participate in accordance with Article 50 and Article 61(4).

exchange of information relevant for its tasks with the United Kingdom and Ireland if it relates to the activities in which they participate in accordance with Article 50 and Article 61(4).

exchange of information relevant for its tasks with the United Kingdom and Ireland if it relates to the activities in which they participate in accordance with Article 50 and Article 61(4).

exchange of information relevant for its tasks with the United Kingdom and Ireland if it relates to the activities in which they participate in accordance with Article 50 and Article 61(4).

Article 44

Data protection

Article 44

Data protection

Article 44

Data protection

Article 44

Data protection

1. The Agency shall apply Regulation (EC) No 45/2001 when processing personal data.

1. The Agency shall apply Regulation (EC) No 45/2001 when processing personal data.

1. The Agency shall apply Regulation (EC) No 45/2001 when processing personal data.

1. The Agency shall apply Regulation (EC) No 45/2001 when processing personal data.

2. The Management Board shall establish measures for the application of Regulation (EC) No 45/2001 by the Agency, including those concerning the Data Protection Officer of the Agency. Those measures shall be established after consultation of the European Data Protection Supervisor.

2. The Management Board shall establish measures for the application of Regulation (EC) No 45/2001 by the Agency, including those concerning the Data Protection Officer of the Agency. Those measures shall be established after consultation of the European Data Protection Supervisor.

2. The Mana gement Bo ard shall

establish measures fo r the application

ofA Data Protection Officer shall be appointed in accordance with Regulation (EC) No 45/2001. The Management Board shall establish measures for the implementation of that Regulationby the Agency,

including thos e con cerni ng the D ata

Protection Office r of the Agenc y. Those measures shall be established after consultation of the European Data Protection Supervisor.

2. The Management Board shall establish measures for the application of Regulation (EC) No 45/2001 by the Agency, including those concerning the Data Protection Officer of the Agency. Those measures shall be established after consultation of the European Data Protection Supervisor.

3. Without prejudice to Articles 46, 47 and 48, the Agency may process personal data for administrative purposes.

3. Without prejudice to Articles 46, 47 and 48, the Agency may process personal data for administrative purposes.

3. Without prejudice to Articles 46, 47 and 48, the Agency may process personal data for administrative purposes.

3. Without prejudice to Articles 46, 47 and 48, the Agency may process personal data for administrative purposes.

4. Without prejudice to Article 47, the transfer of personal data processed by the Agency and the onward transfer by Member States to authorities of third countries or third parties of personal data processed in

4. Without prejudice to Article 47, the transfer of personal data processed by the Agency and the onward transfer by Member States to authorities of third countries or third parties includi ng int e rnat ional

4. Without prejudice to Article 47, the transfer of personal data processed by the Agency and the onward transfer by Member States to authorities of third countries or third parties,including international

4. Without prejudice to Article 47, the transfer of personal data processed by the Agency and the onward transfer by Member States to authorities of third countries or third parties,including international

image

image

 

the framework of this Regulation shall be prohibited.

organisations of personal data processed in the framework of this Regulation shall be prohibited.

organisations,of personal data processed in the framework of this Regulation shall be prohibited.

organisations of personal data processed in the framework of this Regulation shall be prohibited.

image

 

Article 45

Purposes of processing personal data

Article 45

Purposes of processing personal data

Article 45

Purposes of processing personal data

Article 45

Purposes of processing personal data

1. The Agency may process personal data only for the following purposes:

1. The Agency may process personal data only for the following purposes:

1. The Agency may process personal data only for the following purposes:

1. The Agency may process personal data only for the following purposes:

(a) performing its tasks of organising and coordinating joint operations, pilot projects, rapid border interventions and in the framework of the migration management support teams in accordance with Article 46;

(a) performing its tasks of organising and coordinating joint operations, pilot projects, rapid border interventions and in the framework of the migration management support teams in accordance with Article 46;

(a) performing its tasks of organising and coordinating joint operations, pilot projects, rapid border interventions and in the framework of the migration management support teams in accordance with Article 46;

(a) performing its tasks of organising and coordinating joint operations, pilot projects, rapid border interventions and in the framework of the migration management support teams in accordance with Article 46;

(b) performing its tasks of organising and coordinating return operations and return interventions in accordance with Article 47;

(b) performing its tasks of organising and coordinating return operations and return interventions in accordance with Article 47;

(b) performing its tasks of organising and coordinating return operations and return interventions in accordance with Article 47;

(b) performing its tasks of organising and coordinating return operations and return interventions in accordance with Article 47;

(c) facilitating the exchange of information with Member States, the European Asylum Support Office, Europol or Eurojust in accordance with Article 46;

(c) facilitating the exchange of information with Member States, the European Asylum Support Office, Europol or Eurojust in accordance with Article 46;

(c) facilitating the exchange of information with Member States, the European Asylum Support Office, Europol or Eurojust in accordance with Article 46;

(c) facilitating the exchange of information with Member States, the European Asylum Support Office, Europol or Eurojust in accordance with Article 46;

(d) risk analysis by the Agency in accordance with Article 10;

(d) risk analysis by the Agency in accordance with Article 10;

(d) risk analysis by the Agency in accordance with Article 10;

(d) risk analysis by the Agency in accordance with Article 10;

(e) identifying and tracking vessels in the framework of Eurosur in accordance with Article 48.

(e) identifying and tracking vessels in the framework of Eurosur in accordance with Article 48;

(e) identifying and tracking vessels in the framework of Eurosur in accordance with Article 48.

(e) identifying and tracking vessels in the framework of Eurosur in accordance with Article 48;

 

(f) administrative tasks.

 

(f) administrative tasks.

2. Any such processing of personal data shall respect the principle of proportionality and be strictly limited to personal data necessary for the purposes referred to in paragraph 1.

2. Any such processing of personal data shall respect the principle of proportionality and be strictly limited to personal data necessary for the purposes referred to in paragraph 1.

2. Any such processing of personal data shall respect the principle of proportionality and be strictly limited to personal data necessary for the purposes referred to in paragraph 1.

2. Any such processing of personal data shall respect the principle of proportionality and be strictly limited to personal data necessary for the purposes referred to in paragraph 1.

3. A Member State or other

3. A Member State or other

3. A Member State or other

3. A Member State or other

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Union Agency providing personal data to the Agency shall determine the purpose or the purposes for which it shall be processed as referred to in paragraph 1. If it has not done so, the Agency in consultation with the provider of

personal data concerned shall process it in order to determine its necessity in relation to the purpose or the purposes as referred to in paragraph

1 for which it shall be further processed. The Agency may process information for a different purpose than the one in paragraph 1 only if authorised by the data provider of the information.

Union Agency providing personal data to the Agency shall determine the purpose or the purposes for which it shall be processed as referred to in paragraph 1. If it has not done so, the Agency in consultation with the provider of

personal data concerned shall process it in order to determine its necessity in relation to the purpose or the purposes as referred to in paragraph

1 for which it shall be further processed. The Agency may process information for a different purpose than the one ori ginall y de termined as

long as it is mentioned in para gr aph

1.in paragraph 1 only if authorised by

the data provide r of the i nformation .

Union Agency providing personal data to the Agency shall determine the purpose or the purposes for which it shall be processed as referred to in paragraph 1. If it has

not done so, the TheAgency in

consultation with the provider of

personal data conc erned shall process

it in order to determine it s necessit y

in relation to the purpose or the

purposes as r eferred to in paragr aph

1 for which it shall be fur ther

processed. Th e A gen c y ma y pro cess

information for a dif fer e nt purpose

than the one in par a graph 1 onl ymay process such personal data for a different purpose which also falls under paragraph 1 onlyif authorised by the data provider of the information.

Union Agency providing personal data to the Agency shall determine the purpose or the purposes for which it shall be processed as referred to in paragraph 1. If it has

not done so, the TheAgency in

consultation with the provider of

personal data conc erned shall process

it in order to determine it s necessit y

in relation to the purpose or the

purposes as r eferred to in paragr aph

1 for which it shall be fur ther

processed. Th e A gen c y ma y pro cess

information for a dif fer e nt purpose

than the one in par a graph 1 onl y may process such personal data for a different purpose which also falls under paragraph 1 onlyif authorised by the data provider of the information.

4. Member States and other Union Agencies may indicate, at the

moment of transferring personal data, any restriction on access or use, in general or specific terms, including

as regards transfer, erasure or destruction. Where the need for such restrictions becomes apparent after the transfer provision of information, they shall inform the Agency accordingly. The Agency shall comply with such restrictions.

4. Member States and other Union Agencies may indicate, at the

moment of transferring personal data, any restriction on access or use, in general or specific terms, including

as regards transfer, erasure or destruction. Where the need for such restrictions becomes apparent after the transfer provision of information, they shall inform the Agency accordingly. The Agency shall comply with such restrictions.

4. Member States and other Union Agencies may indicate, at the

moment of transferring personal data, any restriction on access or use, in general or specific terms, including

as regards transfer, erasure or destruction. Where the need for such restrictions becomes apparent after the transfer provision of information, they shall inform the Agency accordingly. The Agency shall comply with such restrictions.

4. Member States and other Union Agencies may indicate, at the

moment of transferring personal data, any restriction on access or use, in general or specific terms, including

as regards transfer, erasure or destruction. Where the need for such restrictions becomes apparent after the transfer provision of information, they shall inform the Agency accordingly. The Agency shall comply with such restrictions.

Article 46

Processing of personal data collected

Article 46

Processing of personal data collected

Article 46

Processing of personal data collected

Article 46

Processing of personal data collected

 

during joint operations, pilot projects and rapid border interventions and by migration management support teams

during joint operations, pilot projects and rapid border interventions and by migration management support teams

during joint operations, pilot projects and rapid border interventions and by migration management support teams

during joint operations, pilot projects and rapid border interventions and by migration management support teams

1. The use by the Agency of personal data collected and transmitted to it by the Member States or by its own staff in the context of joint operations, pilot projects and rapid border interventions, and by migration management support teamsshall be limited to:

1. The use by the Agency of personal data collected and transmitted to it by the Member States or by its own staff in the context of joint operations, pilot projects and rapid border interventions, and by migration management support teamsshall be limited to:

1. The use by the Agency of personal data collected and transmitted to it by the Member States or by its own staff in the context of joint operations, pilot projects and rapid border interventions, and by migration management support te a mss hall teams shallbe limited to:

1. The use by the Agency of personal data collected and transmitted to it by the Member States or by its own staff in the context of joint operations, pilot projects and rapid border interventions, and by migration management support te a mss ha ll teams shallbe limited to:

(a) personal data regarding persons who are suspected, on reasonable grounds, by the competent authorities of the Member States of involvement in cross-border criminal activities, including in facilitating irregular immigration activities, in trafficking in human beings or terrorism;

(a) personal data regarding persons who are suspected, on reasonable grounds, by the competent authorities of the Member States of involvement in cross-border criminal activities, including in facilitating irregular immigration activities, in trafficking in human beings or terrorism;

(a) personal data regarding persons who are suspected, on reasonable grounds, by the competent authorities of the Member States of involvement in cross-bordercriminal activities,

including in facilitating i rregular

immigration activities such as the criminal smuggling of persons,

intrafficking in human beings or terrorism;

(a) personal data regarding persons who are suspected, on reasonable grounds, by the competent authorities of the Member States of involvement in cross-bordercriminal activities,

including in facilitating i rregular

immigration activities such as migrant smugglingin trafficking in human beings or terrorism;

(b) personal data regarding persons who cross the external borders illegally and whose data is collected by the European Border and Coast Guard Teams, including when acting in the framework of the migration management support teams;

(b) personal data regarding persons who cross the external borders illegally and whose data is collected by the European Border and

coast Guard Teams, including when acting in the framework of the migration management support teams, in acco rdanc e wit h the

mandate of the A genc y;

(b) personal data regarding persons who cross the external borders

illegall yirregularlyand whose data is collected by the European Border and Coast Guard Teams, including when acting in the framework of the migration management support teams;

(b) personal data regarding persons who cross the external borders unauthorisedand whose data is collected by the European Border

and CoastGuard Teams, including when acting in the framework of the migration management support teams;

 

(c) license plate numbers, telephone numbers or ship identification numbers, which are necessary for investigating and analysing routes and methods used for irregular immigration and cross- border criminal activities.

(c) license plate numbers, ve hicle

identification numbers, telephone numbers or ship identification numbers, which are necessary for investigating and analysing routes and methods used for irregular immigration and cross-border criminal activities, as re f ered to in

paragr aph 1 (a) and (b ) .

(c) license plate numbers, telephone numbers or ship identification numbers, which are linked to the persons referred to in

(a) and (b), and which arenecessary for investigating and analysing routes and methods used for irregular

immigration migrationand cross- border criminal activities;

Personal data regarding persons referred to in paragraph 1(b) shall not be transferred to law enforcement agencies or processed for the purpose of preventing, detecting, investigating or prosecuting criminal offences.

(c) license plate numbers, ve hicle

identification numbers, telephone numbers or ship identification numbers, which arelinked to the persons referred to in (a) and (b), and which arenecessary for investigating and analysing routes and methods used for

irre gularillegalimmigration and cross-border criminal activities;

2. Personal data referred to in paragraph 1 may be processed by the Agency in the following cases:

2. Personal data referred to in paragraph 1 may be processed by the Agency in the following cases:

2. Personal data referred to in paragraph 1 may be processed by the Agency in the following cases:

2. Personal data referred to in paragraph 1 may be processed by the Agency in the following cases:

(a) where transmissionto the European Asylum Support Office, Europol or Eurojust is necessary for use in accordance with their respective mandates and in accordance with Article 51;

(a) where transmissionto the European Asylum Support Office, Europol or Eurojust is necessary for use in accordance with their respective mandates and in accordance with Article 51;

(a) where transmission tot he

European As ylum Suppo rt Office EASO, Europol or Eurojust is necessary for use in accordance with their respective mandates and in accordance with Article 51;

(a) where transmission to the

European As ylum Suppo rt Office EASO, Europol or Eurojust is necessary for use in accordance with their respective mandates and in accordance with Article 51;

(b) where transmission to the authorities of the relevant Member States which are responsible for border control, migration, asylum or law enforcement is necessary for use in accordance with national legislation and national and EU data protection rules;

(b) where transmission to the authorities of the relevant Member States which are responsible for border control, migration, asylum or law enforcement is necessary for use in accordance with national legislation and national and EU data protection rules;

(b) where transmission to the authorities of the relevant Member States which are responsible for border control, migration, asylum or law enforcement is necessary for use in accordance with national legislation and national andEUUniondata protection rules;

(b) where transmission to the authorities of the relevant Member States which are responsible for border control, migration, asylum or law enforcement is necessary for use in accordance with national legislation and national and EUUniondata protection rules;

     

(b1)Personal data regarding

image

 

     

persons referred to in paragraph (1)

(b) shall only be transferred on ly on

a case by cas e basis to law enforcement authorities agenciesor

processedin specific case s andwhen strictly necessary for the purpose of preventing, detecting,

investigating or prosecuting seriou s crimecriminal offences;

(c) where necessary for the preparation of risk analyses.

(c) where necessary for the preparation of risk analyses.

(c) where necessary for the preparation of risk analyses.

(c) where necessary for the preparation of risk analyses.

3. The personal data shall be deleted as soon as they have been transmitted to the European Asylum Support Office, Europol or Eurojust or to the competent authorities of Member States or used for the preparation of risk analyses. The term of storage shall in any event not exceed three months after the date of the collection of those data. In the result of the risk analyses, data shall be anonymised.

3. The personal data shall be deleted as soon as they have been transmitted to the European Asylum Support Office, Europol or Eurojust or to the competent authorities of Member States or used for the preparation of risk analyses. The

storage period te rm of sto ra geshall in any event not exceed 90 da sthr ee

mont hs after the date of the collection of those data. In the result of the risk analyses, data shall be anonymised.

3. The personal data shall be deleted as soon as they have been transmitted to the European Asylum Support Office, Europol or Eurojust or to the competent authorities of Member States or used for the preparation of risk analyses. The term of storage shall in any event not exceed three months after the date of the collection of those data. In the result of the risk analyses, data shall be anonymised.

3. The personal data shall be deleted as soon as they have been transmitted to the European Asylum Support Office, Europol or Eurojust or to the competent authorities of Member States or used for the preparation of risk analyses. The

storage period te rm of sto ra ge shall in any event not exceed 90 da ys thr ee

mont hs after the date of the collection of those data. In the result of the risk analyses, data shall be anonymised.

   

3a. Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual

deleted

 

   

orientation shall be allowed only where strictly necessary, subject to appropriate safeguards for the rights and freedoms of the data subject, and only to protect the vital interests of the data subject or of another natural person.

 

Article 47

Processing of personal data in the context of return operations and return interventions

Article 47

Processing of personal data in the context of return operations and return interventions

Article 47

Processing of personal data in the context of return operations and return interventions

Article 47 Processing of personal data in the context of return operations and return interventions

1. In performing its tasks of organising and coordinating the return operations and conducting return interventions, the Agency may process personal data of returnees.

1. In performing its tasks of organising and coordinating the return operations and conducting return interventions, the Agency may process personal data of returnees.

1. In performing its tasks of organising and coordinating the return operations and conducting return interventions, the Agency may process personal data of returnees.

1. In performing its tasks of organising and coordinating the return operations and conducting return interventions, the Agency may process personal data of returnees.

2. The processing of such personal data shall be strictly limited to those personal data which are required for the purposes of the return operation or the return intervention.

2. The processing of such personal data shall be strictly limited to those personal data which are required for the purposes of the return operation or the return intervention.

2. The processing of such personal data shall be strictly limited to those personal data which are required for the purposes of the return operation or the return intervention.

2. The processing of such personal data shall be strictly limited to those personal data which are required for the purposes of the return operation or the return intervention.

3. The personal data shall be deleted as soon as the purpose for which they have been collected has been achieved and no later than 30 days after the end of the return operation or the return intervention.

3. The personal data shall be deleted as soon as the purpose for which they have been collected has been achieved and no later than 30 days after the end of the return operation or the return intervention.

3. The personal data shall be deleted as soon as the purpose for which they have been collected has been achieved and no later than 30 days after the end of the return operation or the return intervention.

3. The personal data shall be deleted as soon as the purpose for which they have been collected has been achieved and no later than 30 days after the end of the return operation or the return intervention.

4. Where the personal data of returnees are not transmitted to the carrier by a Member State, the Agency may transfer such data.

4. Where the personal data of returnees are not transmitted to the carrier by a Member State, the Agency may transfer such data.

4. Where the personal data of returnees are not transmitted to the carrier by a Member State, the Agency may transfer such data.

4. Where the personal data of returnees are not transmitted to the carrier by a Member State, the Agency may transfer such data.

Article 48

Processing of personal data in the

Article 48

Processing of personal data in the

Article 48

Processing of personal data in the

Article 48

Processing of personal data in the

 

framework of Eurosur

framework of Eurosur

framework of Eurosur

framework of Eurosur

The Agency may process personal data as set out in Article 13(2) of Regulation (EU) No 1052/2013.

The Agency may process personal data as set out in Article 13(2) of Regulation (EU) No 1052/2013.

The Agency may process personal data as set out in Article 13(2) of Regulation (EU) No 1052/2013.

The Agency may process personal data as set out in Article 13(2) of Regulation (EU) No 1052/2013.

Article 49

Security rules on the protection of classified information and non- classified sensitive information

Article 49

Security rules on the protection of classified information and non- classified sensitive information

Article 49

Security rules on the protection of classified information and non- classified sensitive information

Article 49

Security rules on the protection of classified information and non- classified sensitive information

1. The Agency shall apply the Commission’s rules on security as set out in Commission Decision (EU, Euratom) 2015/444.1 Those rules shall apply,inter alia, to the exchange, processing and storage of classified information.

1. The Agency shall apply the Commission’s rules on security as set out in Commission Decision (EU, Euratom) 2015/444.2 Those rules shall apply,inter alia, to the exchange, processing and storage of classified information.

1. The Agency shall apply the Commission’s rules on security as set out in Commission Decision (EU, Euratom) 2015/444.3 Those rules shall apply,inter alia, to the exchange, processing and storage of classified information.

1. The Agency shall apply the Commission’s rules on security as set out in Commission Decision (EU, Euratom) 2015/444.4 Those rules shall apply,inter alia, to the exchange, processing and storage of classified information.

2. The Agency shall apply the security principles relating to the processing of non-classified sensitive information as set out in the Decision referred to in paragraph 1 of this Article and as implemented by the Commission. The Management Board shall establish measures for

the application of those security principles.

2. The Agency shall apply the security principles relating to the processing of non-classified sensitive information as set out in the Decision referred to in paragraph 1 of this Article and as implemented by the Commission. The Management Board shall establish measures for

the application of those security principles.

2. The Agency shall apply the security principles relating to the processing of non-classified sensitive information as set out in the Decision referred to in paragraph 1 of this Article and as implemented by the Commission. The Management Board shall establish measures for

the application of those security principles.

2. The Agency shall apply the security principles relating to the processing of non-classified sensitive information as set out in the Decision referred to in paragraph 1 of this Article and as implemented by the Commission. The Management Board shall establish measures for

the application of those security principles.

 

 

image

Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).

Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).

Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).

Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).

 

   

2a. Classification shall not preclude information being made available to the European Parliament. The transmission and handling of information and documents transmitted to the European Parliament in accordance with this Regulation shall comply with rules concerning the forwarding and handling of classified information which are applicable between the European Parliament and the Commission.

2a. Classification shall not preclude information being made available to the European Parliament. The transmission and handling of information and documents transmitted to the European Parliament in accordance with this Regulation shall comply with rules concerning the forwarding and handling of classified information which are applicable between the European Parliament and the Commission.

 

SECTION 3 COOPERATION BY THE AGENCY

SECTION 3 COOPERATION BY THE AGENCY

SECTION 3 COOPERATION BY THE AGENCY

SECTION 3

Cooperation by the Agency

Article 50

Cooperation with Ireland and the United Kingdom

Article 50

Cooperation with Ireland and the United Kingdom

Article 50

Cooperation with Ireland and the United Kingdom

Article 50

Cooperation with Ireland and the United Kingdom

1. The Agency shall facilitate operational cooperation of the Member States with Ireland and the United Kingdom in specific activities.

1. The Agency shall facilitate operational cooperation of the Member States with Ireland and the United Kingdom in specific activities.

1. The Agency shall facilitate operational cooperation of the Member States with Ireland and the United Kingdom in specific activities.

1. The Agency shall facilitate operational cooperation of the Member States with Ireland and the United Kingdom in specific activities.

2. Support to be provided by the Agency pursuant to Article 7(1)(j),

(k) and (l) shall cover the organisation of return operations of Member States in which Ireland or the United Kingdom, or both, also participate.

2. Support to be provided by the Agency pursuant to Article 7(1)(j),

(k) and (l) shall cover the organisation of return operations of Member States in which Ireland or the United Kingdom, or both, also participate.

2. Support to be provided by the Agency pursuant to Article 7(1)(j),

(k) and (l) shall cover the organisation of return operations of Member States in which Ireland or the United Kingdom, or both, also participate.

2. Support to be provided by the Agency pursuant to Article 7(1)(j),

(k) and (l) shall cover the organisation of return operations of Member States in which Ireland or the United Kingdom, or both, also participate.

3. The application of this Regulation to the borders of Gibraltar shall be suspended until the date on which an agreement is reached on the scope of the measures concerning the crossing by persons of the external borders.

3. The application of this Regulation to the borders of Gibraltar shall be suspended until the date on which an agreement is reached on the scope of the measures concerning the crossing by persons of the external borders.

3. The application of this Regulation to the borders of Gibraltar shall be suspended until the date on which an agreement is reached on the scope of the measures concerning the crossing by persons of the external borders.

3. The application of this Regulation to the borders of Gibraltar shall be suspended until the date on which an agreement is reached on the scope of the measures concerning the crossing by persons of the external borders.

Article51

Cooperation with Union institutions, agencies, bodies, offices and international organisations

Article51

Cooperation with Union institutions, agencies, bodies, offices and international organisations

Article51

Cooperation with Union institutions, agencies, bodies, offices and international organisations

Article51

Cooperation with Union institutions, agencies, bodies, offices and international organisations

1. The Agency shall cooperate with the Commission, other Union institutions, the European External Action Service, Europol, the European Asylum Support Office, the European Union Agency for

1. The Agency shall cooperate with the Commission, other Union institutions, the European External Action Service, Europol, the European Asylum Support Office, the European Union Agency for

1. The Agency shall cooperate with the Commission, other Union institutions, the European External Action Service,the Eu rop ean As ylum

Support Office EASO,Europol, the European Union Agency for

1. The Agency shall cooperate with the Commission, other Union institutions, the European External Action Service,the Eu rop ean As ylum

Support Office EASO,Europol, the European Union Agency for

image

 

Fundamental Rights, Eurojust, the European Union Satellite Centre, the European Maritime Safety Agency and the European Fisheries Control Agency as well as other Union, agencies, bodies, offices in matters covered by this Regulation, and in particular with the objectives of preventing and combating irregular immigration and cross-border crime including the facilitation of irregular immigration, trafficking in human being and terrorism.

To that end, the Agency may cooperate with international organisations competent in matters covered by this Regulation.

Fundamental Rights, Eurojust, the European Union Satellite Centre, the European Maritime Safety Agency and the European Fisheries Control Agency as well as other Union, agencies, bodies, offices in matters covered by this Regulation, and in particular with the objectives of preventing and combating

irre gularillegal immigration and cross-border crime including the facilitation of irregular immigration, trafficking in human being and terrorism.

To that end, the Agency may cooperate with international organisations competent in matters covered by this Regulation.

Fundamental Rights, Eurojust, the European Union Satellite Centre, the European Maritime Safety Agency and the European Fisheries Control Agency as well as other Union, agencies, bodies, offices in matters covered by this Regulation, and in particular with the

objectivesprev enting and combating of better managingirregular immigration andpreventing and detectingcross-border crime

including the f acilit ation of irre gula r

immigration, such as the criminal smuggling of persons,trafficking in human being and terrorism.

To that end, the Agency may cooperate with international organisations competent in matters covered by this Regulation.

Fundamental Rights, Eurojust, the European Union Satellite Centre, the European Maritime Safety Agency and the European Fisheries Control Agency as well as other Union, agencies, bodies, offices in matters covered by this Regulation, and in particular with the

objectivesprev enting and combating of better addressingmigratory challengesillegal immigration and preventing and detectingcross- border crime including th e

facilitation of irre gula r

immigration, such as migrant smuggling,trafficking in human being and terrorism.

To that end, the Agency may cooperate with international organisations competent in matters covered by this Regulation.

2. Such cooperation shall take place within the framework of working arrangements concluded with those bodies. Such arrangements shall have received the Commission’s prior approval. In every case the Agency shall inform the European Parliament of any such arrangements.

2. Such cooperation shall take place within the framework of working arrangements concluded with those bodies. Such arrangements shall have received the Commission’s prior approval. In every case the Agency shall inform the European Parliament of any such arrangements.

2. Such cooperation shall take place within the framework of working arrangements concluded with those bodies. Such arrangements shall have received the Commission’s prior approval. In every case the Agency shall inform the European Parliament of any such arrangements.

2. Such cooperation shall take place within the framework of working arrangements concluded with those bodies. Such arrangements shall have received the Commission’s prior approval. In every case the Agency shall inform the European Parliament of any such arrangements.

3. The Agency shall cooperate with the Commission in relation to activities carried out under the Customs Union where these

3. The Agency shall cooperate with the Commission, in relation to

activities carri ed out under the

Customs Union where these

3. The Agency shall cooperate with the Commission in relation to activities carried out under the Customs Union where these

3. The Agency shall cooperate with the Commission, in relation to

activities carri ed out under the

Customs Unio n where these

 

activities, including customs risk management, although outside the scope of this Regulation, may support its implementation.

activities, including cust oms risk

mana gement, althou gh o utside the

scope of this Re gulation, ma y

support its impl ementation. and

where relev ant with Member States,

in acti vities relating to th is

re gulation, and, althou gh outside the

scope of thi s Re gulation, relating to

the customs area in cludi ng risk

mana gement, wh ere thes e activities

ma y support each oth er. This

cooperation shall be without

prejudi ce to the ex isting competenc es

of the Commiss ion and of the

Member States.

activities, including customs risk management, although outside the scope of this Regulation, may support its implementation.

activities, including cust oms risk

mana gement, althou gh o utside the

scope of thi s Re gulation, ma y

support its impl ementation. and

where relev ant with Member States,

in acti vities relating to th is

re gulation, and, althou gh outside the

scope of thi s Re gulation, relating to

the customs area in cludi ng risk

mana gement, wh ere thes e activities

ma y support each oth er. This

cooperation shall be without

prejudi ce to the ex isting competenc es

of the Commiss ion and of the

Member States.

4. The Union institutions, agencies, bodies, offices and international organisations referred to in paragraph 1, shall use information received by the Agency only within the limits of their competences and in compliance with fundamental rights, including data protection requirements. Onward transmission or other communication of personal data processed by the Agency to

other Union agencies or bodies shall be subject to specific working arrangements regarding the exchange of personal data and subject to the prior approval of the European Data Protection Supervisor. As regards the handling of classified information, those arrangements shall provide that

4. The Union institutions, agencies, bodies, offices and international organisations referred to in paragraph 1, shall use information received by the Agency only within the limits of their competences and in compliance with fundamental rights, including data protection requirements. Onward transmission or other communication of personal data processed by the Agency to

other Union agencies or bodies shall be subject to specific working arrangements regarding the exchange of personal data and subject to the prior approval of the European Data Protection Supervisor. As regards the handling of classified information, those arrangements shall provide that

4. The Union institutions, agencies, bodies, offices and international organisations referred to in paragraph 1, shall use information received by the Agency only within the limits of their competences and in compliance with fundamental rights, including data protection requirements. Onward transmission or other communication of personal data processed by the Agency to

other Union agencies or bodies shall be subject to specific working arrangements regarding the exchange of personal data and subject to the prior approval of the European Data Protection Supervisor.Any transfer

of personal data shall be in line with the data protection provisions laid

4. The Union institutions, agencies, bodies, offices and international organisations referred to in paragraph 1, shall use information received by the Agency only within the limits of their competences and in compliance with fundamental rights, including data protection requirements. Onward transmission or other communication of personal data processed by the Agency to

other Union agencies or bodies shall be subject to specific working arrangements regarding the exchange of personal data and subject to the prior approval of the European Data Protection Supervisor.Any transfer of personal data by th e Agen cy shall be in line with the data protection

 

the Union institution, body, office, agency or international organisation concerned shall comply with security rules and standards equivalent to those applied by the Agency.

the Union institution, body, office, agency or international organisation concerned shall comply with security rules and standards equivalent to those applied by the Agency.

down in Articles 44 to 48.As regards the handling of classified information, those arrangements shall provide that the Union institution, body, office, agency or international organisation concerned shall comply with security rules and standards equivalent to those applied by the Agency.

provisions laid down in Articles 44 to 48.As regards the handling of classified information, those arrangements shall provide that the Union institution, body, office, agency or international organisation concerned shall comply with security rules and standards equivalent to those applied by the Agency.

5. The Agency may also, with the agreement of the Member States concerned, invite observers of Union institutions, agencies, bodies, offices or international organisations to participate in its activities in particular, joint operations and pilot projects, risk analysis and training, to the extent that their presence is in accordance with the objectives of those activities, may contribute to the improvement of cooperation and the exchange of best practices, and does not affect the overall safety and security of those activities. The participation of those observers in risk analysis and training maytake place only with the agreement of the Member States concerned. As

regards joint operations and pilot projects the participation of observers is subject to agreement of the host Member State. Detailed rules on the participation of observers shall be included in the

5. The Agency may also, with the agreement of the Member States concerned, invite observers of Union institutions, agencies, bodies, offices or international organisations to participate in its activities in particular, joint operations and pilot projects, risk analysis and training, to the extent that their presence is in accordance with the objectives of those activities, may contribute to the improvement of cooperation and the exchange of best practices, and does not affect the overall safety and security of those activities. The participation of those observers in risk analysis and training may take place only with the agreement of the Member States concerned. As

regards joint operations and pilot projects the participation of observers is subject to agreement of the host Member State. Detailed rules on the participation of observers shall be included in the

5. The Agency may also, with the agreement of the Member States concerned, invitenon- militaryobservers of Union institutions, agencies, bodies, offices or international organisations to participate in its activities in particular, joint operations and pilot projects, risk analysis and training, to the extent that their presence is in accordance with the objectives of those activities, may contribute to the improvement of cooperation and the exchange of best practices, and does not affect the overall safety and security of those activities. The participation of those observers in risk analysis and training may take place only with the agreement of the Member States concerned. As

regards joint operations and pilot projects the participation of observers is subject to agreement of the host Member State. Detailed rules on the participation of

5. The Agency may also, with the agreement of the Member States concerned, invite observers of Union institutions, agencies, bodies, offices or international organisations to participate in its activities in particular, joint operations and pilot projects, risk analysis and training, to the extent that their presence is in accordance with the objectives of those activities, may contribute to the improvement of cooperation and the exchange of best practices, and does not affect the overall safety and security of those activities. The participation of those observers in risk analysis and training may take place only with the agreement of the Member States concerned. As

regards joint operations and pilot projects the participation of observers is subject to agreement of the host Member State. Detailed rules on the participation of observers shall be included in the

image

image

 

operational plan. Those observers shall receive the appropriate training from the Agency prior to their participation.

operational plan. Those observers shall receive the appropriate training from the Agency prior to their participation.

observers shall be included in the operational plan. Those observers shall receive the appropriate training from the Agency prior to their participation.

operational plan. Those observers shall receive the appropriate training from the Agency prior to their participation.

Article 52

European cooperation on coast guard functions

Article 52

European cooperation on in support

of national authorities ca rr yin g

outcoast guard functions

Article 52

European cooperation on coast guard functions

Article 52

European cooperation on coast guard functions

1. The Agency shall, in cooperation with the European Fisheries Control Agency and the European Maritime Safety Agency, support national authorities carrying out coast guard functions at national and Union level, and where appropriate, at international level by:

1. The Agency shall, in cooperation with the European Fisheries Control Agency and the European Maritime Safety Agency, support national authorities carrying out coastguard functions at national and Union level, and where appropriate, at international level by:

1. The Agency shall, in cooperation with the European Fisheries Control Agency and the European Maritime Safety Agency, support national authorities carrying out coast guard functions at national and Union level, and where appropriate, at international level by:

1. The Agency shall, in cooperation with the European Fisheries Control Agency and the European Maritime Safety Agency, support national authorities carrying out coast guard functions at national and Union level, and where appropriate, at international level by:

(a) sharing information generated by fusing and analysing data available in ship reporting systems and other information systems hosted by or accessible to the Agencies,in accordance with their respective

legal bases and without prejudice to the ownership of data by Member States;

(a) sharing, fusing and

anal ysin ginformation ge nerated b y

fusing and anal ysin g data available in ship reporting systems and other information systems hosted by or accessible to the Agencies, in accordance with their respective

legal bases and without prejudice to the ownership of data by Member States;

(a) sharing information generated by fusing and analysing data available in ship reporting systems and other information systems hosted by or accessible to the Agencies,in accordance with their respective

legal bases and without prejudice to the ownership of data by Member States;

(a) sharing, fusing and

anal ysin ginformation ge nerated b y

fusing and anal ysin g data available in ship reporting systems and other information systems hosted by or accessible to the Agencies, in accordance with their respective

legal bases and without prejudice to the ownership of data by Member States;

(b) providing surveillance and communication services based on state-of-the-art technology, including space-based and ground infrastructure and sensors mounted on any kind of platform, such as remotely piloted aircraft systems;

(b) providing surveillance and communication services based on state-of-the-art technology, including space-based and ground infrastructure and sensors mounted on any kind of platform, such as

remot el y piloted aircr aft s ystems ;

(b) providing surveillance and communication services based on state-of-the-art technology, including space-based and ground infrastructure and sensors mounted on any kind of platform, such as

remot el y piloted ai rcr aft s ystems;

(b) providing surveillance and communication services based on state-of-the-art technology, including space-based and ground infrastructure and sensors mounted on any kind of platform, such as

remot el y piloted aircr aft s ystems ;

 

(c) capacity building by elaborating guidelines, recommendations and best practices as well as by supporting the training and exchange of staff, with a view to enhancing the exchange of information and cooperation on coast guard functions;

(c) capacity building by elaborating guidelines, recommendations and best practices as well as by supporting the training and exchange of staff, with a view to enhancing the exchange of information and cooperation on coast guard functions, takin g i nto account

relevant ini tiatives in thi s field ;

(c) capacity building by elaborating guidelines, recommendations and best practices

as well as by supporti n g the providing

training and exchange of staff, with a

view to enhancin g the ex chan ge of

information and coope rat ion on coast

gua rd functions ;

(c) capacity building by elaborating guidelines, recommendations and best practices

as well as by supporti n g the providing

training and exchange of staff, with a

view to enhancin g the ex chan ge of

information and coope rat ion on coast

gua rd functions ;

   

(ca) enhancing the exchange of information and cooperation on coast guard functionsincluding by discussing operational challenges and emerging risks in the maritime domain;

(ca) enhancing the exchange of information and cooperation on coast guard functionsincluding by

analysing operational challenges and emerging risks in the maritime domain;

(d) capacity sharing, including the planning and implementation of multipurpose operations and the sharing of assets and other capabilities across sectors and borders.

(d) capacity sharing, including

theplanning and implementation of multipurpose operations and the sharing of assets and other capabilities across s ector s and

bordersto the ex tent those are

coordinated b y the a genc ies and with

the a greement of the Me mber States

concern ed.

(d) capacity sharing, including the planning and implementation of multipurpose operations and the sharing of assets and other capabilities across sectors and borders.

(d) capacity sharing, including

theplanning and implementation of multipurpose operations and the sharing of assets and other capabilities across s ector s and

bordersto the ex tent those are

coordinated b y the a genc ies and with

the a greement of thempetent

authorities of theMember States

concern ed.

2. The modalities of the cooperation on coast guard functions of theEuropean Border and Coast GuardAgency with the European Fisheries Control Agencyand the European Maritime Safety Agency shall be determined in a working arrangement, in accordance with the financial rules applicable to the

2. The modalities of the cooperation on coast guard functions of the Europe an Bo rder a nd Coast

Guard Agency with the European Fisheries Control Agency and the European Maritime Safety Agency shall be determined in a working arrangement, in accordance with the

respective m andates and financial

2. The modalities of the cooperation on coast guard functions of the Agency with the European Fisheries Control Agency and the European Maritime Safety Agency shall be determined in a working arrangement, in accordance with their respective mandates andthe financial rules applicable to the

2. The modalities of the cooperation on coast guard functions of the Agency with the European Fisheries Control Agency and the European Maritime Safety Agency shall be determined in a working arrangement, in accordance with their respective mandates andthe financial rules applicable to the

 

Agencies.

rules applicable to the agencies. Such

arran gement shall be app roved b y the

Mana gement Board o f th e A genc y

and the Administrative Boards of the

European Ma ritime Safet y A genc y

and the Europe an Fishe ri es Control

Agenc y.

Agencies.

Agencies. Such arr an ge ment shall be

approved b y the M ana ge ment Board

of the A genc y and the A dministrative

Boards o f the Europ ean Marit ime

Safet y A genc y and the E uropean

Fisheries Control A gen c y.

3. The Commission may adopt, in the form of a recommendation, a practical handbook on European cooperation on coast guard functions, containing guidelines, recommendations and best practices for the exchange of information and cooperation at national, Union and international level.

3. The Commission ma y ad opt,

shall, in close cooper ation with the

Member States, the A gen c y and the

European Ma ritime Safet y A genc y

and the Europe an Fishe ri es Control

Agenc y, mak e availabl e, in the form

of a re commendation, a practical handbook on European cooperation on coast guard functions, containing guidelines, recommendations and best practices for the exchange of information and coope rat ion at

national, Union and int er national

level The Commission shall adopt

the handbook in the form of a

recomm endati on.

3. The Commission may adopt, in the form of a recommendation, a practical handbook on European cooperation on coast guard functions, containing guidelines, recommendations and best practices for the exchange of information and cooperation at national, Union and international level.

3. The Commission ma y ad opt,

shall, in close cooper ation with the

Member States, the A gen c y and the

European Ma ritime Safet y A genc y

and the Europe an Fishe ri es Control

Agenc y, mak e availabl e, in the form

of a re comm endation, a practical handbook on European cooperation on coast guard functions, containing guidelines, recommendations and best practices for the exchange of information and coope rat ion at

national, Union and int er national

level The Commission shall adopt

the handbook in the form of a

recomm endati on.

Article53

Cooperation with third countries

Article53

Cooperation with third countries

Article53

Cooperation with third countries

Article53

Cooperation with third countries

1. In matters covered by its activities and to the extent required for the fulfilment of its tasks, the Agency shall facilitate and encourageoperational cooperation between Member States and third countries, within the framework of the external relations policy of the Union, including with regard to the

1. In matters covered by its activities and to the extent required for the fulfilment of its tasks, the Agency shall facilitate and encourage operational cooperation between Member States and third countries, within the framework of the external relations policy of the Union, including with regard to the

1. In matters covered by its activities and to the extent required for the fulfilment of its tasks, the Agency shall facilitate and encourage technical andoperational

cooperation between Member States and third countries, within the framework of the external relations policy of the Union, including with

1. In matters covered by its activities and to the extent required for the fulfilment of its tasks, the Agency shall facilitate and encourage technical andoperational

cooperation between Member States and third countries, within the framework of the external relations policy of the Union, including with

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protection of fundamental rights. The Agency and the Member States shall comply with norms and standards at least equivalent to those set by Union legislation also when cooperation with third countries takes place on

the territory of those countries. The establishment of cooperation with third countries shall serve to promote European border management and returnstandards.

protection of fundamental rights. The Agency and the Member States shall comply with norms and standards at least equivalent to those set by Union legislation also when cooperation with third countries takes place on

the territory of those countries. The establishment of cooperation with third countries shall serve to promote European border management and return standards.

regard to the protection of fundamental rightsand the principle of non-refoulement. The Agency and the Member States shall comply withUnion law, includingnorms

and standardsat least equ ivalent to

those set b y which form part of the Union legisl ation acquisalso when cooperation with third countries takes place on the territory of those countries. The establishment of

cooperation with third countries shall serve to promote European border management and return standards.

regard to the protection of fundamental rightsand the principle of non-refoulement. The Agency and the Member States shall comply withUnion law, includingnorms

and standardsat least equ ivalent to

those set b y which form part of the Union legisl ation acquisalso when cooperation with third countries takes place on the territory of those countries. The establishment of

cooperation with third countries shall serve to promote European border management and return standards.

2. The Agency may cooperate with the authorities of third countries competent in matters covered by this Regulation with the support of and in coordination with Union delegations, as well as within the framework of working arrangements concluded with those authorities in accordance with Union law and policy. Those working arrangements shall be related to the management of operational cooperation. Such arrangements shall have received the Commission’s prior approval.

2. The Agency may cooperate with the authorities of third countries competent in matters covered by this Regulation with the support of and in coordination with Union delegations, as well as within the framework of working arrangements concluded with those authorities in accordance with Union law and policy. Those working arrangements shall be related to the management of operational cooperation. Such arrangements shall have received the Commission’s prior approval.

2. The Agency may cooperate with the authorities of third countries competent in matters covered by this Regulation with the support of and in coordination with Union delegations. When doing so, it shall actwithin the framework of the external relations policy of the Union, including with regard to the protection of fundamental rightsand the principle of non-refoulementas well as within the framework of working arrangements concluded with those authorities in accordance with Union law and policy. Those working arrangements shallspecify the scope, nature and purpose of the cooperation andbe related to the management of operational cooperation. Suchdraft

2. The Agency may cooperate with the authorities of third countries competent in matters covered by this Regulation with the support of and in coordination with Union delegations. When doing so, it shall actwithin the framework of the external relations policy of the Union, including with regard to the protection of fundamental rightsand the principle of non-refoulementas well as within the framework of working arrangements concluded with those authorities in accordance with Union law and policy. Those working arrangements shallspecify the scope, nature and purpose of the cooperation andbe related to the management of operational cooperation. Suchdraft

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arrangements shallhave r eceived be sent to the European Parliament and shall subsequently requirethe Commission’s prior approval.The Agency shall comply with Union law, including norms and standards which form part of the Union acquis.

arrangements shallhave received b e

sent to the European Pa rliament and

shall subsequentl y r equir e the Commission’s prior approval. The agency shall inform the Parliament before the Working Arrangement will be concluded.The Agency shall comply with Union law, including norms and standards which form part of the Union acquis.

3. In circumstances requiring increased technical and operational assistance, the Agency may coordinate operational cooperation between Member States and third countries in the field of management of external borders, and it shall have the possibility of carrying out joint operations at the external borders involving one or more Member States and a third country neighbouring at least one of those Member States, subject to the agreement of that neighbouring third country, including on the territory of that third country. The Commission shall be informed of such activities.

3. In circumstances requiring increased technical and operational assistance, the Agency may coordinate operational cooperation between Member States and third countries in the field of management of external borders. andT he A genc yit shall have the possibility of carrying out joi nt operations actions at the external borders involving one or more Member States and a third country neighbouring at least one of those Member States, subject to the agreement of that neighbouring third country, including on the territory of that third country. Oper ations shall

be car ried out on the basi s of an

operational plan a gree d a lso b y the

Member State borde rin g the

operational a rea. Th e par ticipation of

Member States in joi nt operations on

the territ or y of third coun tries, shall

be on voluntar y basis. The Commission shall be informed of

3. In circumstances requiring increased technical and operational assistance, the Agency may coordinate operational cooperation between Member States and third countries in the field of management of external borders, and it shall have the possibility of carrying out joint operations at the external borders involving one or more Member States and a third country neighbouring at least one of those Member States, subject to the agreement of that neighbouring third country, including on the territory of that third countrysubject to the agreement of an operational plan between the Agency, the host Member State and the third country concerned.Article 15 shall apply mutatis mutandis.The Commission shall be informed of such activities.

3. In circumstances requiring increased technical and operational assistance, the Agency may coordinate operational cooperation between Member States and third countries in the field of management of external borders. and T he A genc yit shall have the possibility of carrying out joint operations actions at the external borders involving one or more Member States and a third country neighbouring at least one of those Member States, subject to the agreement of that neighbouring third country, including on the territory of that third country. Oper ations shall

be car ried out on the basi s of an

operational plan a gree d a lso b y the

Member State borde rin g the

operational a rea. Th e par ticipation of

Member States in joi nt operations on

the territ or y of third coun tries, shall

be on voluntar y basis. The Commission shall be informed of

 

 

such activities.

 

such activities.

 

3a. A S tatus Agr eement shal l be

concluded b y the EU with the thi rd

countr y for the d eplo ym e nt of the

members of the te ams in actions

where memb ers of the t e ams will

conduct ex ecutive power s, or in other

actions when ne cessa r y. This

agreem ent shall cover all aspects that

are ne cessa r y for car r yin g out the

actions, in particular the description

of the scope o f the oper at ion, civi l

and criminal liabilit y, tas ks and

powers of the m embers o f the teams.

The a gr eement shall ensu re the full

respect of fundament al rights durin g

these oper ati ons.

 

3a. A S tatus Agr eement shal l be

concluded b y the EU with the thi rd

countr y for the d eplo ym e nt of the

members of the te ams in actions

where memb ers of the t e ams will

conduct ex ecutive power s, or in other

actions when ne cessa r y. This

agreem ent shall cover all aspects that

are ne cessa r y for car r yin g out the

actions, in particular the description

of the scope o f the oper at ion, civi l

and criminal liabilit y, tas ks and

powers of the m embers o f the teams.

The a gr eement shall ensu re the full

respect of fundament al rights durin g

these oper ati ons.

 

3b. The Commission shall draw up

a model Status Agr eeme nt for actions

on the territ or y of third c ountries.

 

3b. The Commission shall draw up

a model Status Agr eeme nt for actions

on the territ or y of third c ountries.

4. The Agency shall cooperate with the competent authorities of third countries on return, including on the acquisition of travel documents.

4. The Agency shall cooperate with the competent authorities of third countries on return, including on the acquisition of travel documents.

4. The Agency shall cooperate with the competent authorities of third countries on return, including on the acquisition of travel documents.

4. The Agency shall cooperate with the competent authorities of third countries on return, including on the acquisition of travel documents.

5. The Agency may also, with the agreement of the Member States concerned invite observers from third countries to participate in its

activities at the external borders referred to in Article 13, return operations referred to in Article 27, return interventions referred to in Article 32 and training referred to in

5. The Agency may also, with the agreement of the Member States concerned invite observers from third countries to participate in its

activities at the external borders referred to in Article 13, return operations referred to in Article 27, return interventions referred to in Article 32 and training referred to in

5. The Agency may also, with the agreement of the Member States concerned invitenon- militaryobservers from third countries to participate in its activities at the external borders referred to in Article 13, return operations referred to in Article 27, return interventions referred to in

5. The Agency may also, with the agreement of the Member States concerned invite observers from third countries to participate in its

activities at the external borders referred to in Article 13, return operations referred to in Article 27, return interventions referred to in Article 32 and training referred to in

 

Article 35, to the extent that their presence is in accordance with the objectives of those activities, may contribute to improving cooperation and the exchange of best practices, and does not affect the overall safety of those activities. The participation of those observers may take place only with the agreement of the Member States concerned regarding the activities referred to in Articles 13, 27 and 35 and only with the agreement of the host Member State regarding those referred to in Article 13 and 32. Detailed rules on the participation of observers shall be included in the operational plan.

Those observers shall receive the appropriate training from the Agency prior to their participation.

Article 35, to the extent that their presence is in accordance with the objectives of those activities, may contribute to improving cooperation and the exchange of best practices, and does not affect the overall safety of those activities. The participation of those observers may take place only with the agreement of the Member States concerned regarding the activities referred to in Articles 13, 27 and 35 and only with the agreement of the host Member State regarding those referred to in Article 13 and 32. Detailed rules on the participation of observers shall be included in the operational plan.

Those observers shall receive the appropriate training from the Agency prior to their participation.

Article 32 and training referred to in Article 35, to the extent that their presence is in accordance with the objectives of those activities, may contribute to improving cooperation and the exchange of best practices, and does not affect the overall safety of those activities. The participation of those observers may take place only with the agreement of the Member States concerned regarding the activities referred to in Articles 13,18, 27 and 35 and only with the agreement of the host Member State regarding those referred to in Article 13 and 32. Detailed rules on the participation of observers shall be included in the operational plan.

Those observers shall receive the appropriate training from the Agency prior to their participationandshall

be required to adhere to the Codes of Conduct of the Agency while participating in its activities.

Article 35, to the extent that their presence is in accordance with the objectives of those activities, may contribute to improving cooperation and the exchange of best practices, and does not affect the overall safety of those activities. The participation of those observers may take place only with the agreement of the Member States concerned regarding the activities referred to in Articles 13,18, 27 and 35 and only with the agreement of the host Member State regarding those referred to in Article 13 and 32. Detailed rules on the participation of observers shall be included in the operational plan.

Those observers shall receive the appropriate training from the Agency prior to their participationandshall be required to adhere to the Codes of Conduct of the Agency while participating in its activities.

6. The Agency shall participate in the implementation of international agreements concluded by the Union with third countries, within the framework of the external relations policy of the Union, and regarding matters covered by this Regulation.

6. The Agency shall participate in the implementation of international agreements concluded by the Union with third countries, within the framework of the external relations policy of the Union, and regarding matters covered by this Regulation.

6. The Agency shall participate in the implementation of international agreements concluded by the Union with third countries, within the framework of the external relations policy of the Union, and regarding matters covered by this Regulation.

6. The Agency shall participate in the implementation of international agreements concluded by the Union with third countries, within the framework of the external relations policy of the Union, and regarding matters covered by this Regulation.

7. The Agency may benefit from Union funding in accordance with the provisions of the relevant

7. The Agency may benefit from Union funding in accordance with the provisions of the relevant

7. The Agency may benefit from Union funding in accordance with the provisions of the relevant

7. The Agency may benefit from Union funding in accordance with the provisions of the relevant

 

instruments supporting the external relations policy of the Union. It may launch and finance technical assistance projects in third countries regarding matters covered by this Regulation.

instruments supporting the external relations policy of the Union. It may launch and finance technical assistance projects in third countries regarding matters covered by this Regulation.

instruments supporting the external relations policy of the Union. It may launch and finance technical assistance projects in third countries regarding matters covered by this Regulation.

instruments supporting the external relations policy of the Union. It may launch and finance technical assistance projects in third countries regarding matters covered by this Regulation.

8. When concluding bilateral agreements with third countries Member States may, in agreement with the Agency, include provisions concerning the role and competence of the Agency in accordance with this Regulation, in particular regarding the exercise of executive powers by members of the European Border and Coast Guard Teams deployed by the Agency during the joint operations, pilot projects, rapid border interventions, return operations or return interventions. The Member States shall notify the Commission of any such provisions.

8. When concluding bilateral agreements with third countries Member States may, in agreement with the Agency, include provisions concerning the role and competence of the Agency in accordance with this Regulation, in particular regarding the exercise of executive powers by members of the European Border and Coast Guard Teams deployed by the Agency during the joint operations, pilot projects, rapid border interventions, return operations or return interventions. The Member States shall notify the Commission of any such provisions.

8. When concluding bilateral agreements with third countries Member States may, in agreement with the Agency, include provisions concerning the role and competence of the Agency in accordance with this Regulation, in particular regarding the exercise of executive powers by members of the European Border and Coast Guard Teams deployed by the Agency during the joint operations, pilot projects, rapid border interventions, return operations or return interventions. The Member States shall notify the Commission of any such provisions.

8. When concluding bilateral agreements with third countries Member States may, in agreement with the Agency, include provisions concerning the role and competence of the Agency in accordance with this Regulation, in particular regarding the exercise of executive powers by members of the European Borderand CoastGuard Teams deployed by the Agency during the joint operations, pilot projects, rapid border interventions, return operations or return interventions. The Member States shall notify the Commission of any such provisions.

   

8a. Member States shall not be obliged to participate in activities on the territory of third countries.

Deleted

9. The Agency shall inform the European Parliament of the activities referred to in paragraphs 2 and 3.

9. The Agency shall inform the European Parliament of the activities referred to in paragraphs 2 and 3.

9. The Agency shall inform the European Parliament of the activitiesrefe rred to in pa ra graphs 2

and 3 referred to in this Article and shall include an assessment of thecooperation with third countries in its annual reports.

9. The Agency shall inform the European Parliament of the activitiesrefe rred to in pa ra graphs 2

and 3 referred to in this Article and shall include an assessment of thecooperation with third countries in its annual reports.

 

Article 54

Liaison officers in third countries

Article 54

Liaison officers in third countries

Article 54

Liaison officers in third countries

Article 54

Liaison officers in third countries

1. The Agency may deploy experts of its own staff as liaison officers, who should enjoy the highest possible protection to carry out their duties, in third countries. They shall form part of the local or regional cooperation networks of immigration liaison officers and security experts of the Union and of the Member States, including the network set up pursuant to Council

Regulation (EC) No 377/2004.1

1. The Agency may deploy experts of its own staff as liaison officers, who should enjoy the highest possible protection to carry out their duties, in third countries. They shall form part of the local or regional cooperation networks of immigration liaison officers and security experts of the Union and of the Member States, including the network set up pursuant to Council

Regulation (EC) No 377/2004.2

1. The Agency may deploy experts of its own staff as liaison officers, who should enjoy the highest possible protection to carry out their duties, in third countries. They shall form part of the local or regional cooperation networks of immigration liaison officers and security experts of the Union and of the Member States, including the network set up pursuant to Council Regulation (EC) No 377/2004. Liaison officers shall only be deployed to third countries in which border management practices

comply with minimum human rights standards.

1. The Agency may deploy experts of its own staff as liaison officers, who should enjoy the highest possible protection to carry out their duties, in third countries. They shall form part of the local or regional cooperation networks of immigration liaison officers and security experts of the Union and of the Member States, including the network set up pursuant to Council Regulation (EC) No 377/2004. Liaison officers shall only be deployed to third countries in which border management practices

comply with minimum human rights standards.

2. Within the framework of the external relations policy of the Union, priority for deployment of liaison officers shall be given to those third countries which, on the basis of risk analysis, constitute a country of origin or transit regarding irregular immigration. On a reciprocal basis the Agency may receive liaison officers posted by

2. Within the framework of the external relations policy of the Union, priority for deployment of liaison officers shall be given to those third countries which, on the basis of risk analysis, constitute a country of origin or transit regarding irregular immigration. On a reciprocal basis the Agency may receive liaison officers posted by

2. Within the framework of the external relations policy of the Union, priority for deployment of liaison officers shall be given to those third countries which, on the basis of risk analysis, constitute a country of origin or transit regarding irregularimmigrationmigration. On a reciprocal basis the Agency may receive liaison officers posted by

2. Within the framework of the external relations policy of the Union, priority for deployment of liaison officers shall be given to those third countries which, on the basis of risk analysis, constitute a country of origin or transit regarding illegal immigration.On a reciprocal basis the Agency may receive liaison officers posted by those third

 

 

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Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers network (OJ L 64, 2.3.2004, p. 1).

Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers network (OJ L 64, 2.3.2004, p. 1).

 

those third countries. The Management Board shall adopt, on a proposal of the Executive Director the list of priorities on a yearly basis. The deployment of liaison officers shall be approved by the Management Board.

those third countries. The Management Board shall adopt, on a proposal of the Executive Director the list of priorities on a yearly basis. The deployment of liaison officers shall be approved by the Management Board.

those third countries. The Management Board shall adopt, on a proposal of the Executive Director the list of priorities on a yearly basis. The deployment of liaison officers shall be approved by the Management Board.

countries. The Management Board shall adopt, on a proposal of the Executive Director the list of priorities on a yearly basis. The deployment of liaison officers shall be approved by the Management Board.

3. The tasks of the Agency’s liaison officers shall include, in compliance with Union law and in accordance with fundamental rights, establishing and maintaining contacts with the competent authorities of the third country to which they are assigned with a view to contributing to the prevention of and fight against irregular immigration and the return of illegally staying third-country nationals. Those liaison officers shall coordinate closely with Union delegations.

3. The tasks of the Agency’s liaison officers shall include, in compliance with Union law and in accordance with fundamental rights, establishing and maintaining contacts with the competent authorities of the third country to which they are assigned with a view to contributing to the prevention of and fight against irregular immigration and the return of illegally staying third-country nationals. Those liaison officers shall coordinate closely with Union delegations.

3. The tasks of the Agency’s liaison officers shall include, in compliance with Union law and in accordance with fundamental rights, establishing and maintaining contacts with the competent authorities of the third country to which they are assigned with a view to contributing to the prevention of and fight against irregular immigration migrationand the return of ille gall y sta yi n g third- country nationalswho are the

subject of return decisions issued by a Member State in accordance with Directive 2008/115/EC. Those liaison officers shall coordinate closely with Union delegations.

3. The tasks of the Agency’s liaison officers shall include, in compliance with Union law and in accordance with fundamental rights, establishing and maintaining contacts with the competent authorities of the third country to which they are assigned with a view to contributing to the prevention of and fight against illegal immigrationand the return of

illegall y sta yin gthird-country nationalswho are the subject of return decisions issued by a Member State. Those liaison officers shall coordinate closely with Union delegations.

4. The decision to deploy liaison officers to third countries shall be subject to receiving a prior opinion of the Commission, and the European Parliament shall be fully informed of those activities as soon as possible.

4. The decision to deploy liaison officers to third countries shall be subject to receiving a prior opinion of the Commission, and the European Parliament shall be fully informed of those activities as soon as possible.

4. The decision to deploy liaison officers to third countries shall be subject to receiving a prior opinion of the Commission, and the European Parliament shall be fully informed of those activities as soon

as possibl e without delay.

4. The decision to deploy liaison officers to third countries shall be subject to receiving a prior opinion of the Commission, and the European Parliament shall be fully informed of those activities as soon

as possibl e without delay.

 

SECTION 4 GENERAL FRAMEWORK AND

ORGANISATION OF THE AGENCY

SECTION 4 GENERAL FRAMEWORK AND

ORGANISATION OF THE AGENCY

SECTION 4 GENERAL FRAMEWORK AND

ORGANISATION OF THE AGENCY

SECTION 4 GENERAL FRAMEWORK AND

ORGANISATION OF THE AGENCY

Article 55

Legal status and location

Article 55

Legal status and location

Article 55

Legal status and location

Article 55

Legal status and location

1. The Agency shall be a body of the Union. It shall have legal personality.

1. The Agency shall be a body of the Union. It shall have legal personality.

1. The Agency shall be a body of the Union. It shall have legal personality.

1. The Agency shall be a body of the Union. It shall have legal personality.

2. In each of the Member States, the Agency shall enjoy the most extensive legal capacity accorded to legal persons under their laws. It may, in particular, acquire or dispose of movable and immovable property and may be party to legal proceedings.

2. In each of the Member States, the Agency shall enjoy the most extensive legal capacity accorded to legal persons under their laws. It may, in particular, acquire or dispose of movable and immovable property and may be party to legal proceedings.

2. In each of the Member States, the Agency shall enjoy the most extensive legal capacity accorded to legal persons under their laws. It may, in particular, acquire or dispose of movable and immovable property and may be party to legal proceedings.

2. In each of the Member States, the Agency shall enjoy the most extensive legal capacity accorded to legal persons under their laws. It may, in particular, acquire or dispose of movable and immovable property and may be party to legal proceedings.

3. The Agency shall be independent in relation to operational and technical matters.

3. The Agency shall be independent in relation to

implementing its operational and technicalmatters mand ate .

3. The Agency shall be independent in relation to operational and technical matters.

3. The Agency shall be independent in relation to

implementing its operational and technicalmatters mand ate .

4. It shall be represented by its Executive Director.

4. It shall be represented by its Executive Director.

4. It shall be represented by its Executive Director.

4. It shall be represented by its Executive Director.

5. The seat of the Agency shall be Warsaw, Poland, subject to the implementation of Article 56.

5. The seat of the Agency shall be Warsaw, Poland, subject to the implementation of Article 56.

5. The seat of the Agency shall be Warsaw, Poland, subject to the implementation of Article 56.

5. The seat of the Agency shall be Warsaw, Poland, subject to the implementation of Article 56.

 

Article 56

Headquarters Agreement

Article 56

Headquarters Agreement

Article 56

Headquarters Agreement

Article 56

Headquarters Agreement

1. The necessary arrangements concerning the accommodation to be provided for the Agency in the Member State in which the Agency has its seat and the facilities to be made available by that Member State, as well as the specific rules applicable to the Executive Director, the Deputy Executive Director, the members of the Management Board, the staff of the Agency and members of their families, in that Member State shall be laid down in a

Headquarters Agreement between the Agency and the Member State in which the Agency has its seat.

1. The necessary arrangements concerning the accommodation to be provided for the Agency in the Member State in which the Agency has its seat and the facilities to be made available by that Member State, as well as the specific rules applicable to the Executive Director, the Deputy Executive Director, the members of the Management Board, the staff of the Agency and members of their families, in that Member State shall be laid down in a

Headquarters Agreement between the Agency and the Member State in which the Agency has its seat.

1. The necessary arrangements concerning the accommodation to be provided for the Agency in the Member State in which the Agency has its seat and the facilities to be made available by that Member State, as well as the specific rules applicable to the Executive Director, the Deputy Executive Director, the members of the Management Board, the staff of the Agency and members of their families, in that Member State shall be laid down in a

Headquarters Agreement between the Agency and the Member State in which the Agency has its seat.

1. The necessary arrangements concerning the accommodation to be provided for the Agency in the Member State in which the Agency has its seat and the facilities to be made available by that Member State, as well as the specific rules applicable to the Executive Director, the Deputy Executive Director, the members of the Management Board, the staff of the Agency and members of their families, in that Member State shall be laid down in a

Headquarters Agreement between the Agency and the Member State in which the Agency has its seat.

2. The Headquarters Agreement shall be concluded after obtaining the approval of the Management Board and no later than three months after entry into force of this Regulation.

2. The Headquarters Agreement shall be concluded after obtaining the approval of the Management Board and no later than three months after entry into force of this Regulation.

2. The Headquarters Agreement shall be concluded after obtaining the approval of the Management Board and no later than three months after entry into force of this Regulation.

2. The Headquarters Agreement shall be concluded after obtaining the approval of the Management Board and no later than thr ee sixmonths after entry into force of this Regulation.

3. The Member State in which the Agency has its seat shall provide the best possible conditions to ensure proper functioning of the Agency, including multilingual, European- oriented schooling and appropriate transport connections.

3. The Member State in which the Agency has its seat shall provide the

best possible conditions to ensure proper functioning of the Agency, including multilingual, European- oriented schooling and appropriate transport connections.

3. The Member State in which the Agency has its seat shall provide the best possible conditions to ensure proper functioning of the Agency, including multilingual, European- oriented schooling and appropriate transport connections.

3. The Member State in which the Agency has its seat shall provide the best possible conditions to ensure proper functioning of the Agency, including multilingual, European- oriented schooling and appropriate transport connections.

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Article 57

Staff

Article 57

Staff

Article 57

Staff

Article 57

Staff

1. The Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the Union and the rules adopted in agreement between the institutions of the Union for giving effect to those Staff Regulations and the Conditions of Employment of Other Servants of the Union shall apply to the Agency’s staff.

1. The Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the Union and the rules adopted in agreement between the institutions of the Union for giving effect to those Staff Regulations and the Conditions of Employment of Other Servants of the Union shall apply to the Agency’s staff.

1. The Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the Union and the rules adopted in agreement between the institutions of the Union for giving effect to those Staff Regulations and the Conditions of Employment of Other Servants of the Union shall apply to the Agency’s staff.

1. The Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the Union and the rules adopted in agreement between the institutions of the Union for giving effect to those Staff Regulations and the Conditions of Employment of Other Servants of the Union shall apply to the Agency’s staff.

2. For the purpose of implementing Article 21 and 32(6) only a staff member of the Agency subject to the Staff Regulations of Officials of the European Union or to Title II of the Conditions of Employment of Other Servants of the European Union may be designated as a coordinating officer or a liaison officer. For the purpose of implementing Article 19(8), only national experts or border guards seconded by a Member State to the Agency may be designated for attachment to the European Border and Coast Guard Teams. The Agency shall designate those national experts who shall be attached to the

European Border and Coast Guard Teams in accordance with that Article.

2. For the purpose of implementing Article 11 , 21 and

32(6)31(2) only a staff member of the Agency subject to the Staff Regulations of Officials of the European Union or to Title II of the Conditions of Employment of Other Servants of the European Union may be designated as a coordinating officer or a liaison officer. For the purpose of implementing Article 19(8), onl y s econd ed bor der guards

or other rel evant staf f nati onal ex perts

or border gu ards se conde d b y a

Member State to the A ge nc y may be designated for attachment to the European Border and Co ast Guard Teams. The Agency shall designate those national experts who shall be attached to the European Border and

Coast Guard Teams in accordance

2. For the purpose of implementing Article 21 and 32(6) only a staff member of the Agency subject to the Staff Regulations of Officials of the European Union or to Title II of the Conditions of Employment of Other Servants of the European Union may be designated as a coordinating officer or a liaison officer. For the purpose of implementing Article 19(8), only national experts or border guards seconded by a Member State to the Agency may be designated for attachment to the European Border and Coast Guard Teams. The Agency shall designate those national experts who shall be attached to the

European Border and Coast Guard Teams in accordance with that Article.

2. For the purpose of implementing Article 11 , 21 and

32(6)31(2) only a staff member of the Agency subject to the Staff Regulations of Officials of the European Union or to Title II of the Conditions of Employment of Other Servants of the European Union may be designated as a coordinating officer or a liaison officer. For the purpose of implementing Article 19(8), onl y s econd ed bor der guards

or other rel evant staf f nati onal ex perts

or border gu ards se conde d b y a

Member State to the A ge nc y may be designated for attachment to the European Border and Coast Guard Teams. The Agency shall designate those national experts who shall be attached to the European Border and Coast Guard Teams in accordance

 

 

with that Article.

 

with that Article.

3. The Management Board shall adopt the necessary implementing measures in agreement with the Commission pursuant to Article 110 of the Staff Regulations of Officials of the European Union.

3. The Management Board shall adopt the necessary implementing measures in agreement with the Commission pursuant to Article 110 of the Staff Regulations of Officials of the European Union.

3. The Management Board shall adopt the necessary implementing measures in agreement with the Commission pursuant to Article 110 of the Staff Regulations of Officials of the European Union.

3. The Management Board shall adopt the necessary implementing measures in agreement with the Commission pursuant to Article 110 of the Staff Regulations of Officials of the European Union.

4. The Management Board may adopt provisions to allow national experts and border guards from Member States to be seconded to the Agency. Those provisions shall take into account the requirements of Article 19(8), in particular the fact that the seconded national experts or border guards are considered as members of the teams and have the tasks and powers provided for in Article 39. They shall include provisions on the conditions of deployment.

4. The Management Board may adopt provisions to allow nati onal

ex perts and border guards or other relevant staff from Member States to be seconded to the Agency. Those provisions shall take into account the requirements of Article 19(8), in particular the fact that the seconded

nationalex pertsor border gua rds or

other relev ant staff are considered as members of the teams and have the tasks and powers provided for in Article 39. They shall include provisions on the conditions of deployment.

4. The Management Board may adopt provisions to allow national experts and border guards from Member States to be seconded to the Agency. Those provisions shall take into account the requirements of Article 19(8), in particular the fact that the seconded national experts or border guards are considered as members of the teams and have the tasks and powers provided for in Article 39. They shall include provisions on the conditions of deployment.

4. The Management Board may adopt provisions to allow nati onal

ex perts and border guards or other relevant staff from Member States to be seconded to the Agency. Those provisions shall take into account the requirements of Article 19(8), in particular the fact that the seconded

nationalex pertsor border gua rds or

other relev ant staff are considered as members of the teams and have the tasks and powers provided for in Article 39. They shall include provisions on the conditions of deployment.

Article 58

Privileges and immunities

Article 58

Privileges and immunities

Article 58

Privileges and immunities

Article 58

Privileges and immunities

The Protocol on the Privileges and Immunities of the European Union shall apply to the Agency and its staff.

The Protocol on the Privileges and Immunities of the European Union shall apply to the Agency and its staff.

The Protocol on the Privileges and Immunities of the European Union shall apply to the Agency and its staff.

The Protocol on the Privileges and Immunities of the European Union shall apply to the Agency and its staff.

 

Article 59

Liability

Article 59

Liability

Article 59

Liability

Article 59

Liability

1. The contractual liability of the Agency shall be governed by the law applicable to the contract in question.

1. The contractual liability of the Agency shall be governed by the law applicable to the contract in question.

1. The contractual liability of the Agency shall be governed by the law applicable to the contract in question.

1. The contractual liability of the Agency shall be governed by the law applicable to the contract in question.

2. The Court of Justice of the European Union shall have jurisdiction to give judgment pursuant to any arbitration clause contained in a contract concluded by the Agency.

2. The Court of Justice of the European Union shall have jurisdiction to give judgment pursuant to any arbitration clause contained in a contract concluded by the Agency.

2. The Court of Justice of the European Union shall have jurisdiction to give judgment pursuant to any arbitration clause contained in a contract concluded by the Agency.

2. The Court of Justice of the European Union shall have jurisdiction to give judgment pursuant to any arbitration clause contained in a contract concluded by the Agency.

3. In the case of non-contractual liability, the Agency shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its departments or by its staff in the performance of their duties.

3. In the case of non-contractual liability, the Agency shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its departments or by its staff in the performance of their duties.

3. In the case of non-contractual liability, the Agency shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its departments or by its staff in the performance of their duties.

3. In the case of non-contractual liability, the Agency shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its departments or by its staff in the performance of their duties.

4. The Court of Justice shall have jurisdiction in disputes relating to compensation for the damage referred to in paragraph 3.

4. The Court of Justice shall have jurisdiction in disputes relating to compensation for the damage referred to in paragraph 3.

4. The Court of Justice shall have jurisdiction in disputes relating to compensation for the damage referred to in paragraph 3of this Articleand in Article 41(4a).

4. The Court of Justice shall have jurisdiction in disputes relating to compensation for the damage referred to in paragraph 3.

5. The personal liability of its servants towards the Agency shall be governed by the provisions laid down in the Staff Regulations of Officials of the European Union and Conditions of Employment of Other Servants of the Union applicable to them.

5. The personal liability of its servants towards the Agency shall be governed by the provisions laid down in the Staff Regulations of Officials of the European Union and Conditions of Employment of Other Servants of the Union applicable to them.

5. The personal liability of its servants towards the Agency shall be governed by the provisions laid down in the Staff Regulations of Officials of the European Union and Conditions of Employment of Other Servants of the Union applicable to them.

5. The personal liability of its servants towards the Agency shall be governed by the provisions laid down in the Staff Regulations of Officials of the European Union and Conditions of Employment of Other Servants of the Union applicable to them.

Article 60

Administrative and management structure of the Agency

Article 60

Administrative and management structure of the Agency

Article 60

Administrative and management structure of the Agency

Article 60

Administrative and management structure of the Agency

The administrative and management structure of the Agency shall comprise:

The administrative and management structure of the Agency shall comprise:

The administrative and management structure of the Agency shall comprise:

The administrative and management structure of the Agency shall comprise:

(a) a Management Board;

(a) a Management Board;

(a) a Management Board;

(a) a Management Board;

(b) an Executive Director;

(b) an Executive Director;

(b) an Executive Director;

(b) an Executive Director;

a Supervisory Board;

a Supervisor y Bo ard;

© a Supervisoryan AdvisoryBoard;

€ a Supervisor y Bo ard;

(d) a Consultative Forum; and

(d) a Consultative Forum; and

(d) a Consultative Forum; and

(d) a Consultative Forum; and

a Fundamental Rights Officer.a Fun

amental Rights Officer.a Fundamenta

l Rights Officer.a Fundamental Rights Of

ficer.

Article 61

Functions of the Management Board

Article 61

Functions of the Management Board

Article 61

Functions of the Management Board

Article 61

Functions of the Management Board

     

-1. The Management Board shall be responsible for the taking of strategic decisions of the Agency in accordance with this Regulation.

1. The Management Board shall:

1. The Management Board shall:

 

1. The Management Board shall:

(a) appoint the Executive Director on a proposal from the Commission in accordance with Article 68;

(a) appoint the Executive Director on a proposal from the Commission in accordance with Article 68;

(a) appoint the Ex ecutive Director

on a proposal from the C o mmission

in accord ance with Articl e 68;

(a) appoint the Executive Director on a proposal from the Commission in accordance with Article 68;

(b) appoint the members of the Supervisory Board in accordance with Article 69(2);

(b) appoint the Deput y Ex ecutive

Director on the p roposal of the

Ex ecutive Director in a cc ordance

with Article 68; appoint the members

of the Supervisor y Board in

accord anc e with Article 69(2);

(b) appoint the members of the

Supervisor y AdvisoryBoard in accordance with Article 69(2);

(b) appoint the Deput y Ex ecutive

Director on the p roposal of the

Ex ecutive Director in a cc ordance

with Article 68; appoint the members

of the Supervisor y Board in

accord anc e with Article 69(2);

(c) adopt decisions setting out corrective measures in accordance with Article 12(6);

(c) Adopt decisi ons on cond ucting

the vulnerabilit y assessment in

accord anc e with Article 12 (1, 2, 8).

The decisi ons setting out corrective measures in accordance with Article 12(68shall be adopted b y a m ajorit y

(c) adopt decisions setting out corrective measures in accordance with Article 12(6);

(c) Adopt decisi ons on cond ucting

the vulnerabilit y assessment in

accord anc e with Article 12 (1, 2, 8).

The decisi ons setting out corrective measures in accordance with Article 12(68shall be adopted b y a m ajorit y

 

 

d

 

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of two-thi rd of the memb ers entitled

to vote;

 

of two-thi rd of the memb ers entitled

to vote;

 

 

(c1) Adopt decisi ons on the

establishment of a comm on

int egr ated risk an al ys es model in

accord anc e with Article 10 (1);

 

(c1) Adopt decisi ons on the

establishment of a comm on

int egr ated risk an al ys es model in

accord anc e with Article 10 (1);

 

(c2) Adopt decisi ons on the nature

of the deplo ym ent of liai son officers

in Member States in acco rdance with

Article 11 (2a );

 

(c2) Adopt decisi ons on the nature

of the deplo ym ent of liai son officers

in Member States in acco rdance with

Article 11 (2a );

 

(c3) adopt an oper ational and

technical strate g y for the European

int egr ated bord er mana ge ment in

accord anc e with article 3 (2);

 

(c3) adopt an oper ational and

technical strate g y for the European

int egr ated bord er mana ge ment in

accord anc e with article 3 (2);

 

(c4) adopt a decisi on on the p rofiles

and the over all number o f border

gua rds or other relev ant staff to be

made available for the E uropean

Borde r Gua rd teams, in a ccordan ce

with article 19(2);

 

(c4) adopt a decisi on on the p rofiles

and the over all number o f border

gua rds or other relev ant staff to be

made available for the E uropean

Borde r Gua rd teams, in a ccordan ce

with article 19(2);

 

(c5) adopt a decisi on on the p rofiles

and the mi nimum number of borde r

gua rds or other relev ant staff that

correspond to thes e profi les to be

made available for the R apid reserv e

pool of European Bord er Guard

Teams, in ac cordan ce wit h article

19(4) b y a thr ee-qu arter majorit y;

 

(c5) adopt a decisi on on the p rofiles

and the mi nimum number of borde r

gua rds or other relev ant staff that

correspond to thes e profi les to be

made available for the rapid

reserv erea ctionpool of E uropean

Borde r Gua rd Teams, in accord anc e

with article 19(4) b y a three-qu arte r

majorit y;

(d) adopt a consolidated annual activity report of the Agency for the previous year and forward it by 1 July at the latest to the European Parliament, the Council, the Commission and the Court of Auditors; the consolidated annual

(d) adopt a consolidated annual activity report of the Agency for the previous year and forward it by 1 July at the latest to the European Parliament, the Council, the Commission and the Court of Auditors; the consolidated annual

(d) adopt a consolidated anannual activity report of the Agency for the previous year and forward it by 1 July at the latest to the European Parliament, the Council, the Commission and the Court of Auditors; the consolidated annual

(d) adopt a consolidated anannual activity report of the Agency for the previous year and forward it by 1 July at the latest to the European Parliament, the Council, the Commission and the Court of Auditors; the consolidated annual

 

activity report shall be made public;

activity report shall be made public;

activity report shall be made public;

activity report shall be made public;

(e) before 30 November each year, and after taking into account the opinion of the Commission, adopt,

by a majority of two-thirds of the members entitled to vote, a single programming document containing the Agency’s multiannual programming and its work programme for the following year and forward it to the European Parliament, the Council and the Commission;

(e) before 30 November each year, and after taking into account the opinion of the Commission, adopt,

by a majority of two-thirds of the members entitled to vote, a single programming document containing the Agency’s multiannual programming and its work programme for the following year and forward it to the European Parliament, the Council and the Commission;

(e) before 30 November each year, and after taking into account the opinion of the Commission, adopt,

by a majority of two-thirds of the members entitled to vote , a single

programming do cument containing

the Agenc y’s mul tiannua l

programming and its work programme for the following year and forward it to the European Parliament, the Council and the Commission;

(e) before 30 November each year, and after taking into account the opinion of the Commission, adopt,

by a majority of two-thirds of the members entitled to vote, a single programming document containing the Agency’s multiannual programming and its work programme for the following year and forward it to the European Parliament, the Council and the Commission;

(f) establish procedures for taking decisions related to the operational tasks of the Agency by the Executive Director;

(f) establish procedures for taking decisions related to the operational

and technic al tasks of the Agency by the Executive Director;

(f) establish procedures for taking decisions related to the operational tasks of the Agency by the Executive Director;

(f) establish procedures for taking decisions related to the operational

and technic al tasks of the Agency by the Executive Director;

(g) adopt, by a majority of two- thirds of the members entitled to vote, the annual budget of the Agency and exercise other functions in respect of the Agency’s budget pursuant to Section 5 of this Chapter;

(g) adopt, by a majority of two-thirds of the members entitled to vote, the annual budget of the Agency and exercise other functions in respect of the Agency’s budget pursuant to Section 5 of this Chapter;

(g) adopt, by a majority of two- thirds of the members entitled to vote, the annual budget of the Agency and exercise other functions in respect of the Agency’s budget pursuant to Section 5 of this Chapter;

(g) adopt, by a majority of two- thirds of the members entitled to vote, the annual budget of the Agency and exercise other functions in respect of the Agency’s budget pursuant to Section 5 of this Chapter;

   

(ga) decide on any acquisition or leasing of equipment entailing significant costs to the Agency referred to in Article 37;

deleted

(h) exercise disciplinary authority over the Executive Director and over the Deputy Director, in agreement with the Executive Director;

(h) exercise disciplinary authority over the Executive Director and over the Deputy Director, in agreement with the Executive Director;

(h) exercise disciplinary authority over the Executive Director and over the Deputy Director, in agreement with the Executive Director;

(h) exercise disciplinary authority over the Executive Director and over the Deputy Director, in agreement with the Executive Director;

(i) establish its Rules of Procedure;

(i) establish its Rules of Procedure;

(i) establish its Rules of Procedure;

(i) establish its Rules of Procedure;

(j) establish the organisational

(j) establish the organisational

(j) establish the organisational

(j) establish the organisational

 

structure of the Agency and adopt the Agency’s staff policy, in particular the multiannual staff policy plan. In accordance with the relevant provisions of the Commission Regulation (EC, Euratom) No 2343/2002 1the multiannual staff

policy plan shall be submitted to the Commission and the budgetary authority after receiving a favourable opinion of the Commission;

structure of the Agency and adopt the Agency’s staff policy, in particular the multiannual staff policy plan. In accordance with the relevant provisions of the Commission Regulation (EC, Euratom) No 2343/2002 2the multiannual staff

policy plan shall be submitted to the Commission and the budgetary authority after receiving a favourable opinion of the Commission;

structure of the Agency and adopt the Agency’s staff policy, in particular the multiannual staff policy plan. In accordance with the relevant provisions of the Commission Regulation (EC, Euratom) No 2343/2002 3the multiannual staff

policy plan shall be submitted to the Commission and the budgetary authority after receiving a favourable opinion of the Commission;

structure of the Agency and adopt the Agency’s staff policy, in particular the multiannual staff policy plan. In accordance with the relevant provisions of the Commission Regulation (EC, Euratom) No 2343/2002 4the multiannual staff

policy plan shall be submitted to the Commission and the budgetary authority after receiving a favourable opinion of the Commission;

(k) adopt an anti-fraud strategy, proportionate to the risk of fraud, taking into account the costs and benefits of the measures to be implemented;

(k) adopt an anti-fraud strategy, proportionate to the risk of fraud, taking into account the costs and benefits of the measures to be implemented;

(k) adopt an anti-fraud strategy, proportionate to the risk of fraud, taking into account the costs and benefits of the measures to be implemented;

(k) adopt an anti-fraud strategy, proportionate to the risk of fraud, taking into account the costs and benefits of the measures to be implemented;

(l) adopt internal rules for the prevention and management of conflicts of interest in respect of its members;

(l) adopt internal rules for the prevention and management of conflicts of interest in respect of its members;

(l) adopt internal rules for the prevention and management of conflicts of interest in respect of its members;

(l) adopt internal rules for the prevention and management of conflicts of interest in respect of its members;

(m) exercise, in accordance with

(m) exercise, in accordance with

(m) exercise, in accordance with

(m) exercise, in accordance with

 

 

image

Commission Regulation (EC, Euratom) No 2343/2002 of 23 December 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ L 357, 31.12.2002, p.72).

Commission Regulation (EC, Euratom) No 2343/2002 of 23 December 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ L 357, 31.12.2002, p.72).

Commission Regulation (EC, Euratom) No 2343/2002 of 23 December 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ L 357, 31.12.2002, p.72).

Commission Regulation (EC, Euratom) No 2343/2002 of 23 December 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ L 357, 31.12.2002, p.72).

 

paragraph 7, with respect to the staff of the Agency, the powers conferred by the Staff Regulations of Officials of the European Union on the Appointing Authority and by the Conditions of Employment of Other Servants of the Union on the Authority Empowered to Conclude a Contract of Employment (‘the Appointing Authority powers’);

paragraph 7, with respect to the staff of the Agency, the powers conferred by the Staff Regulations of Officials of the European Union on the Appointing Authority and by the Conditions of Employment of Other Servants of the Union on the Authority Empowered to Conclude a Contract of Employment (‘the Appointing Authority powers’);

paragraph 7, with respect to the staff of the Agency, the powers conferred by the Staff Regulations of Officials of the European Union on the Appointing Authority and by the Conditions of Employment of Other Servants of the Union on the Authority Empowered to Conclude a Contract of Employment (‘the Appointing Authority powers’);

paragraph 7, with respect to the staff of the Agency, the powers conferred by the Staff Regulations of Officials of the European Union on the Appointing Authority and by the Conditions of Employment of Other Servants of the Union on the Authority Empowered to Conclude a Contract of Employment (‘the Appointing Authority powers’);

(n) adopt appropriate implementing rules for giving effect to the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the Union in accordance with Article 110 of the Staff Regulations;

(n) adopt appropriate implementing rules for giving effect to the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the Union in accordance with Article 110 of the Staff Regulations;

(n) adopt appropriate implementing rules for giving effect to the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the Union in accordance with Article 110 of the Staff Regulations;

(n) adopt appropriate implementing rules for giving effect to the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the Union in accordance with Article 110 of the Staff Regulations;

(o) ensure adequate follow-up to findings and recommendations stemming from the internal or external audit reports and evaluations, as well as from investigations of the European Anti- fraud Office (OLAF);

(o) ensure adequate follow-up to findings and recommendations stemming from the internal or external audit reports and evaluations, as well as from investigations of the European Anti- fraud Office (OLAF);

(o) ensure adequate follow-up to findings and recommendations stemming from the internal or external audit reports and evaluations, as well as from investigations of the European Anti- fraud Office (OLAF);

(o) ensure adequate follow-up to findings and recommendations stemming from the internal or external audit reports and evaluations, as well as from investigations of the European Anti- fraud Office (OLAF);

(p) adopt and regularly update the

(p) adopt and regularly update the

(p) adopt and regularly update the

(p) adopt and regularly update the

communication and dissemination

communication and dissemination

communication and dissemination

communication and dissemination

plans referred to in Article 7(3) based

plans referred to in Article 7(3) based

plans referred to in Article 7(3)bas ed

plans referred to in Article 7(3)bas ed

on an analysis of needs;

on an analysis of needs;

on an anal ysis of ne eds;

on an anal ysis of ne eds ;

(q) appoint an Accounting Officer, subject to the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the Union, who

(q) appoint an Accounting Officer, subject to the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the Union, who

(q) appoint an Accounting Officer, subject to the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the Union, who

(q) appoint an Accounting Officer, subject to the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the Union, who

 

shall be totally independent in the performance of his or her duties.

shall be totally independent in the performance of his or her duties;

shall be totally independent in the performance of his or her duties.

shall be totally independent in the performance of his or her duties.

   

(qa) decide on the objective criteria of the vulnerability assessment and on enhanced assessment and monitoring of a Member State referred to in Article 12 (1).

(qa) decide on a common vulnerability assessment methodology, including objective criteria of the vulnerability assessment and the frequency and modalities for carrying out consecutive vulnerability assessments on Member States and

on en hanced assessm ent and

m onit oring of a Mem ber Stat e as referred to in Article 12 (1).

 

(r) appoint the Fundament al

Rights Offic er in ac cord a nce with

Article 71(1);

 

(r) designat e the Fund ament al

Rights Offic er in ac cord a nce with

Article 71(1);

 

(s) approves the wo rkin g

arran gements with thi rd countries;

 

(s) approves the wo rkin g

arran gements with thi rd countries;

2. Proposals for decisions on specific activities of the Agency to be carried out at, or in the immediate

vicinity of, the external border of any particular Member State shall require a vote in favour of their adoption by the Member of the Management Board representing that Member State.

2. Proposals for decisions on specific activities of the Agency to be carried out at, or in the immediate

vicinity of, the external border of any particular Member State shall require a vote in favour of their adoption by the Member of the Management Board representing that Member State.

2. Proposals for decisi ons o n

specific a ctivities of the Agenc y to

be car ried out at, or in th e immediate

vicinit y of, the ex ternal b order of an y

particular Memb er State shall require

a vote in favour o f their a doption b y

the Member of the M ana gem ent

Board repr esentin g that Member

S tate.

2. Proposals for decisions o f the

Mana gement Board as referr ed in

paragr aph 1 on specific activities of the Agency to be carried out at, or in the immediate vicinity of, the external border of any particular Member State shall require a vote in favour of their adoption by the Member of the Management Board representing that Member State.

3. The Management Board may advise the Executive Director on any matter strictly related to the development of operational management of the external borders and return, including activities

3. The Management Board may advise the Executive Director on any matter strictl y related to the development of operational management of the external borders and return, including activities

3. The Management Board may advise the Executive Director on any matter strictly related to the development of operational management of the external borders and return, including activities

3. The Management Board may advise the Executive Director on any matter strictl y related to the development of operational management of the external borders and return, including activities

 

related to research.

related to research.

related to research.

related to research.

4. Should Ireland and/or the United Kingdom request to participate in specific activities, the Management Board shall decide thereon.

The Management Board shall take its decision on a case-by-case basis by an absolute majority of its members with a right to vote. In its decision, the Management Board shall

consider if the participation of Ireland and/or the United Kingdom contributes to the achievement of the activity in question. The decision shall set out the financial contribution of Ireland and/or the United Kingdom to the activity for which a request for participation has been made.

4. Should Ireland and/or the United Kingdom request to participate in specific activities, the Management Board shall decide thereon.

The Management Board shall take its decision on a case-by-case basis by an absolute majority of its members with a right to vote. In its decision, the Management Board shall

consider if the participation of Ireland and/or the United Kingdom contributes to the achievement of the activity in question. The decision shall set out the financial contribution of Ireland and/or the United Kingdom to the activity for which a request for participation has been made.

4. Should Ireland and/or the United Kingdom request to participate in specific activities, the Management Board shall decide thereon.

The Management Board shall take its decision on a case-by-case basis by an absolute majority of its members with a right to vote. In its decision, the Management Board shall

consider if the participation of Ireland and/or the United Kingdom contributes to the achievement of the activity in question. The decision shall set out the financial contribution of Ireland and/or the United Kingdom to the activity for which a request for participation has been made.

4. Should Ireland and/or the United Kingdom request to participate in specific activities, the Management Board shall decide thereon.

The Management Board shall take its decision on a case-by-case basis by an absolute majority of its members with a right to vote. In its decision, the Management Board shall

consider if the participation of Ireland and/or the United Kingdom contributes to the achievement of the activity in question. The decision shall set out the financial contribution of Ireland and/or the United Kingdom to the activity for which a request for participation has been made.

5. The Management Board shall forward annually to the budgetary authority any information relevant to the outcome of the evaluation procedures conducted by the Agency.

5. The Management Board shall forward annually to the budgetary authority any information relevant to the outcome of the evaluation procedures conducted by the Agency.

5. The Management Board shall forward annually to the budgetary authority any information relevant to the outcome of the evaluation procedures conducted by the Agency.

5. The Management Board shall forward annually to the budgetary authority any information relevant to the outcome of the evaluation procedures conducted by the Agency.

6. The Management Board may establish a small-sized Executive Board composed of the Chairperson of the Management Board, one representative of the Commission and three members of the Management Board, to assist it and the Executive Director with regard to the preparation of the decisions,

6. The Management Board may establish a small-sized Executive Board composed of the C hairperson

of the Mana gement Bo ar d, one

repres entative of the Co mmiss ion

and three memb ers of the

Mana gement Board, to assist it and the Executive Director with regard to the preparation of the decisions,

6. The Management Board may establish a small-sized Executive Board composed of the Chairperson of the Management Board, one representative of the Commission and three members of the Management Board, to assist it and the Executive Director with regard to the preparation of the decisions,

6. The Management Board may establish a small-sized Executive Board composed of the C hairperson

of the Mana gement Bo ar d, one

repres entative of the Co mmiss ion

and three memb ers of the

Mana gement Board, to assist it and the Executive Director with regard to the preparation of the decisions,

 

programmes and activities to be adopted by the Management Board and when necessary, because of urgency, to take certain provisional decisions on behalf of the Management Board.

programmes and activities to be adopted by the Management Board and when necessary, because of urgency, to take certain provisional decisions on behalf of the Management Board, ex cludi ng

decisions on which a r einforced

majorit y is need ed in the

Mana gement Board .

programmes and activities to be adopted by the Management Board and when necessary, because of urgency, to take certain provisional decisions on behalf of the Management Board.The Management Board may provide for the delegation of certain clearly defined tasks to the Executive Board, in particular where this improves the efficiency of the Agency.

programmes and activities to be adopted by the Management Board and when necessary, because of urgency, to take certain provisional decisions on behalf of the Management Board, ex cludi ng

decisions on which a r einforced

majorit y is need ed in the

Mana gement Board .The Management Board may provide for the delegation of certain clearly defined tasks to the Executive Board, in particular where this improves the efficiency of the Agencyex cludi ng tasks r elated to

decisions on which a r einforced

majorit y is need ed in the

Mana gement Board .

7. The Management Board shall adopt, in accordance with Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations of Officials of the European Union and on Article 6 of the Conditions of Employment of Other Servants of the Union, delegating relevant Appointing Authority powers to the Executive Director and defining the conditions under which this delegation of powers can be suspended. The Executive Director shall be authorised to sub-delegate those powers.

7. The Management Board shall adopt, in accordance with Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations of Officials of the European Union and on Article 6 of the Conditions of Employment of Other Servants of the Union, delegating relevant Appointing Authority powers to the Executive Director and defining the conditions under which this delegation of powers can be suspended. The Executive Director shall be authorised to sub-delegate those powers.

7. The Management Board shall adopt, in accordance with Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations of Officials of the European Union and on Article 6 of the Conditions of Employment of Other Servants of the Union, delegating relevant Appointing Authority powers to the Executive Director and defining the conditions under which this delegation of powers can be suspended. The Executive Director shall be authorised to sub-delegate those powers.

7. The Management Board shall adopt, in accordance with Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations of Officials of the European Union and on Article 6 of the Conditions of Employment of Other Servants of the Union, delegating relevant Appointing Authority powers to the Executive Director and defining the conditions under which this delegation of powers can be suspended. The Executive Director shall be authorised to sub-delegate those powers.

 

Where exceptional circumstances so require, the Management Board may by way of a decision temporarily suspend the delegation of the Appointing Authority powers to the Executive Director and those sub- delegated by the latter and exercise them itself or delegate them to one of its members or to a staff member other than the Executive Director.

Where exceptional circumstances so require, the Management Board may by way of a decision temporarily suspend the delegation of the Appointing Authority powers to the Executive Director and those sub- delegated by the latter and exercise them itself or delegate them to one of its members or to a staff member other than the Executive Director.

Where exceptional circumstances so require, the Management Board may by way of a decision temporarily suspend the delegation of the Appointing Authority powers to the Executive Director and those sub- delegated by the latter and exercise them itself or delegate them to one of its members or to a staff member other than the Executive Director.

Where exceptional circumstances so require, the Management Board may by way of a decision temporarily suspend the delegation of the Appointing Authority powers to the Executive Director and those sub- delegated by the latter and exercise them itself or delegate them to one of its members or to a staff member other than the Executive Director.

Article 62

Composition of the Management Board

Article 62

Composition of the Management Board

Article 62

Composition of the Management Board

Article 62

Composition of the Management Board

1. Without prejudice to paragraph 3, the Management Board shall be composed of one representative of each Member State and two representatives of the Commission, all with voting rights. To this effect, each Member State shall appoint a member of the Management Board as well as an alternate who will represent the member in his or her absence. The Commission shall appoint two members and their alternates. The duration of the terms of office shall be four years.The

terms of office shall be extendable.

1. Without prejudice to paragraph 3, the Management Board shall be composed of one representative of each Member State and two representatives of the Commission, all with voting rights. To this effect, each Member State shall appoint a member of the Management Board as well as an alternate who will represent the member in his or her absence. The Commission shall appoint two members and their alternates. The duration of the terms of office shall be four years.The

terms of office shall be extendable.

1. Without prejudice to paragraph 3, the Management Board shall be composed of one representative of each Member Stateand,two representatives of the Commission and one representative of the European Parliament,all with

voting rights. To this effect, each Member State shall appoint a

member of the Management Board as well as an alternate who will represent the member in his or her absence. The Commission shall appoint two members and their alternates.The European

Parliament shall appoint one member and his or her alternateThe duration of the terms of office shall be four years. The terms of office shall be extendable.

1. Without prejudice to paragraph 3, the Management Board shall be composed of one representative of each Member State and two representatives of the Commission, all with voting rights. To this effect, each Member State shall appoint a member of the Management Board as well as an alternate who will represent the member in his or her absence. The Commission shall appoint two members and their alternates. The duration of the terms of office shall be four years.The

terms of office shall be extendable.

2. The Management Board

2. The Management Board

2. The Management Board

2. The Management Board

 

members shall be appointed on the basis of their degree of high level relevant experience and expertise in the field of operational cooperation on border management and return, taking into account relevant managerial, administrative and budgetary skills. The parties represented in the Management Board shall make efforts to limit turnover of their representatives, in order to ensure continuity of the board’s work. They shall aim to achieve a balanced representation between men and women on the Management Board.

members shall be appointed on the basis of their degree of high level relevant experience and expertise in the field of operational cooperation on border management and return, taking into account relevant managerial, administrative and budgetary skills. The part ies

repres ented in the Man a gement

Board sh all make e fforts to limit

turnover of their repr esen tatives, in

order to ensur e continuity of the

board’s work. They shall aim to achieve a balanced representation between men and women on the Management Board.

members shall be appointed on the basis of their degree of high level relevant experience and expertise in the field of operational cooperation on border management and return, taking into account relevant managerial, administrative and budgetary skills. The parties represented in the Management Board shall make efforts to limit turnover of their representatives, in order to ensure continuity of the board’s work. They shall aim to achieve a balanced representation between men and women on the Management Board.

members shall be appointed on the basis of their degree of high level relevant experience and expertise in the field of operational cooperation on border management and return, taking into account relevant managerial, administrative and budgetary skills. The part ies

repres ented in the Man a gement

Board sh all make e fforts to limit

turnover of their repr esen tatives, in

order to ensur e continuity of the

board’s work. They shall aim to achieve a balanced representation between men and women on the Management Board.

3. Countries associated with the implementation, application and development of the Schengenacquis shall participate in the Agency. They shall have one representative and one alternate each in the Management Board. Under the relevant provisions of their association agreements, arrangements have been developed that specify the nature and extent of, and the detailed rules for, the participation by those countries in the work of the Agency, including provisions on financial contributions and staff.

3. Countries associated with the implementation, application and development of the Schengenacquis shall participate in the Agency. They shall have one representative and one alternate each in the Management Board. Under the relevant provisions of their association agreements, arrangements have been developed that specify the nature and extent of, and the detailed rules for, the participation by those countries in the work of the Agency, including provisions on financial contributions and staff.

3. Countries associated with the implementation, application and development of the Schengenacquis shall participate in the Agency. They shall have one representative and one alternate each in the Management Board. Under the relevant provisions of their association agreements, arrangements have been developed that specify the nature and extent of, and the detailed rules for, the participation by those countries in the work of the Agency, including provisions on financial contributions and staff.

3. Countries associated with the implementation, application and development of the Schengenacquis shall participate in the Agency. They shall have one representative and one alternate each in the Management Board. Under the relevant provisions of their association agreements, arrangements have been developed that specify the nature and extent of, and the detailed rules for, the participation by those countries in the work of the Agency, including provisions on financial contributions and staff.

Article 63

Multiannual programming and annual work programmes

Article 63

Multiannual programming and annual work programmes

Article 63

Multi annual progr amming and

annual Annualwork programmes

Article 63 Multiannual programming and annual work programmes

 

1. The Management Board shall, by 30 November each year, adopt a programming document containing the Agency’s multiannual programming and annual programming for the following year, based on a draft put forward by the Executive Director, taking into account the opinion of the Commission and, as regards the multiannual programming, after having consulted the European Parliament. The Management Board shall forward that document to the European Parliament, the Council and the Commission.

1. The Management Board shall, by 30 November each year, adopt a programming document containing the Agency’s multiannual programming and annual programming for the following year, based on a draft put forward by the Executive Director, taking into account the opinion of the Commission and, as regards the multiannual programming, after having consulted the European Parliament. The Management Board shall forward that document to the European Parliament, the Council and the Commission.

1. The Management Board shall, by 30 November each year, adopt a

programming do cument containing

the Agency’s mul tiannua l

programming and annual programming for the following year, based on a draft put forward by the Executive Director, taking into account the opinion of the Commissionand, as rega r ds the

mul tiannual progr amming, a fter

having consulted the Eur opean

Parliament . The Management Board shall,without delay,forward that document to the European Parliament, the Council and the Commission.

1. The Management Board shall, by 30 November each year, adopt a programming document containing the Agency’s multiannual programming and annual programming for the following year, based on a draft put forward by the Executive Director, taking into account the opinion of the Commission and, as regards the multiannual programming, after having consulted the European Parliament. The Management Board shall forward that document to the European Parliament, the Council and the Commission.

2. The document referred to in paragraph 1 shall become definitive after the final adoption of the general budget and, where necessary, shall be adjusted accordingly.

2. The document referred to in paragraph 1 shall become definitive after the final adoption of the general budget and, where necessary, shall be adjusted accordingly.

2. The document referred to in paragraph 1 shall become definitive after the final adoption of the general budget and, where necessary, shall be adjusted accordingly.

2. The document referred to in paragraph 1 shall become definitive after the final adoption of the general budget and, where necessary, shall be adjusted accordingly.

3. The multiannual programming shall set out overall strategic programming in the medium and long term, including the objectives, expected results and performance indicators, as well as resource planning, including the multiannual budget and staff. The multiannual programming shall set the strategic areas of interventions and explain what needs to be done to achieve the objectives. It shall include a strategy

3. The multiannual programming shall set out overall strategic programming in the medium and long term, including the objectives, expected results and performance indicators, as well as resource planning, including the multiannual budget and staff. The multiannual programming shall set the strategic areas of interventions and explain what needs to be done to achieve the objectives. It shall include a strategy

3. The mul tiannual pro gram ming

shall set out overall strate gic

programming in the m edium and

long term, includin g the objectives,

ex pected resul ts and pe rf ormance

indi cators, as well as r es ource

planning, includi n g the mul tia nnual

budget and staff. Th e mu ltiannual

programming sh all set the strate gic

areas o f int erventions an d ex plain

what needs to be don e to achieve th e

objecti ves. It shall include a strate g y

3. The multiannual programming shall set out overall strategic programming in the medium and long term, including the objectives, expected results and performance indicators, as well as resource planning, including the multiannual budget and staff. The multiannual programming shall set the strategic areas of interventions and explain what needs to be done to achieve the objectives. It shall include a strategy

 

for relations with third countries and international organisations, as well as the actions linked to that strategy.

for relations with third countries and international organisations, as well as the actions linked to that strategy.

for relations with thi rd co untries and

int ernational or ganisatio ns, as well as

the actions linked to that strate g y.

for relations with third countries and international organisations, as well as the actions linked to that strategy.

4. The multiannual programming shall be implemented by means of annual work programmes and shall, where appropriate, be updated following the outcome of the evaluation referred to in Article 80. The conclusion of those evaluations shall also be reflected, where appropriate, in the annual work programme for the following year.

4. The multiannual programming shall be implemented by means of annual work programmes and shall, where appropriate, be updated following the outcome of the evaluation referred to in Article 80. The conclusion of those evaluations shall also be reflected, where appropriate, in the annual work programme for the following year.

4. The mul tiannual pro gram ming

shall be implem ented b y means of

annual work pro grammes and shall,

where appropriat e, be up dated

following the outcome o f the

evaluation re fer red to in Article 80.

The conclusi on of those evaluations

shall also be refl ected, w here

appropriate, in the annual work

programm e fo r the follo wing ye ar.

4. The multiannual programming shall be implemented by means of annual work programmes and shall, where appropriate, be updated following the outcome of the evaluation referred to in Article 80. The conclusion of those evaluations shall also be reflected, where appropriate, in the annual work programme for the following year.

5. The annual work programme shall contain a description of the activities to be financed comprising detailed objectives and expected results including performance indicators. It shall also contain an indication of the financial and human resources allocated to each activity, in accordance with the principles of activity-based budgeting and management. The annual work programme shall be consistent with the multiannual programming. It

shall clearly indicate tasks that have been added, changed or deleted compared to the previous financial year.

5. The annual work programme shall contain a description of the activities to be financed comprising detailed objectives and expected results including performance indicators. It shall also contain an indication of the financial and human resources allocated to each activity, in accordance with the principles of activity-based budgeting and management. The annual work programme shall be consistent with the multiannual programming. It

shall clearly indicate tasks that have been added, changed or deleted compared to the previous financial year.

5. The annual work programme shall contain a description of the activities to be financed comprising detailed objectives and expected results including performance indicators. It shall also contain an indication of the financial and human resources allocated to each activity, in accordance with the principles of activity-based budgeting and management. The annual work

programme shall be cons ist ent with

the mul tiannual program ming.It shall clearly indicate tasks that have been added, changed or deleted compared to the previous financial year.

5. The annual work programme shall contain a description of the activities to be financed comprising detailed objectives and expected results including performance indicators. It shall also contain an indication of the financial and human resources allocated to each activity, in accordance with the principles of activity-based budgeting and management. The annual work programme shall be consistent with the multiannual programming. It

shall clearly indicate tasks that have been added, changed or deleted compared to the previous financial year.

6. The annual work programme shall be adopted according to the Union legislative programme in relevant areas of the management of

6. The annual work programme shall be adopted according to the Union legislative programme in relevant areas of the management of

6. The annual work programme shall be adopted according to the Union legislative programme in relevant areas of the management of

6. The annual work programme shall be adopted according to the Union legislative programme in relevant areas of the management of

 

external borders and returns;

external borders and returns;

external borders and returns;

external borders and returns;

7. Where, after adoption of an annual work programme, a new task is assigned to the Agency, the Management Board shall amend the annual work programme.

7. Where, after adoption of an annual work programme, a new task is assigned to the Agency, the Management Board shall amend the annual work programme.

7. Where, after adoption of an annual work programme, a new task is assigned to the Agency, the Management Board shall amend the annual work programme.

7. Where, after adoption of an annual work programme, a new task is assigned to the Agency, the Management Board shall amend the annual work programme.

8. Any substantial amendment to the annual work programme shall be adopted by the same procedure as that applicable to adoption of the initial annual work programme. The Management Board may delegate the power to make non-substantial amendments to the annual work programme to the Executive

Director.

8. Any substantial amendment to the annual work programme shall be adopted by the same procedure as that applicable to adoption of the initial annual work programme. The Management Board may delegate the power to make non-substantial amendments to the annual work programme to the Executive

Director.

8. Any substantial amendment to the annual work programme shall be adopted by the same procedure as that applicable to adoption of the initial annual work programme. The Management Board may delegate the power to make non-substantial amendments to the annual work programme to the Executive

Director.

8. Any substantial amendment to the annual work programme shall be adopted by the same procedure as that applicable to adoption of the initial annual work programme. The Management Board may delegate the power to make non-substantial amendments to the annual work programme to the Executive

Director.

Article 64

Chairmanship of the Management Board

Article 64

Chairmanship of the Management Board

Article 64

Chairmanship of the Management Board

Article 64

Chairmanship of the Management Board

1. The Management Board shall elect a Chairperson and a Deputy Chairperson from among its members with voting rights. The Chairperson and the Deputy Chairperson shall be elected by a majority of two-thirds of the members of the Management Boards with voting rights. The Deputy Chairperson shallex officioreplace

the Chairperson in the event of his or her being prevented from attending to his or her duties.

1. The Management Board shall elect a Chairperson and a Deputy Chairperson from among its members with voting rights. The Chairperson and the Deputy Chairperson shall be elected by a majority of two-thirds of the members of the Management Boards with voting rights. The Deputy Chairperson shallex officioreplace

the Chairperson in the event of his or her being prevented from attending to his or her duties.

1. The Management Board shall elect a Chairperson and a Deputy Chairperson from among its members with voting rights. The Chairperson and the Deputy Chairperson shall be elected by a majority of two-thirds of the members of the Management Boards with voting rights. The Deputy Chairperson shallex officioreplace

the Chairperson in the event of his or her being prevented from attending to his or her duties.

1. The Management Board shall elect a Chairperson and a Deputy Chairperson from among its members with voting rights. The Chairperson and the Deputy Chairperson shall be elected by a majority of two-thirds of the members of the Management Boards with voting rights. The Deputy Chairperson shallex officioreplace

the Chairperson in the event of his or her being pre