Official documents

The idea of European border guards has been debated at an EU level since the early 2000s (see the Statewatch Analysis from when this project was in its infancy). The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union - or Frontex for short - was established by Regulation 2004/2007.

Calls from the Agency (for more autonomy), criticisms from human rights organisations (regarding misconduct of border guards and violation of migrants' rights) and demands from some Member States (asking for a more powerful agency) led to the amendment of Regulation 2004/2007 with the adoption of complementary Regulation 1168/2011. 

The official documentation contained in this section traces the legislative development of the Agency's mandate since 2004 and the positioning of the different competent EU bodies in this respect.

ONGOING POLICY-MAKING: 2011 ONWARDS

 

European Commission 

12/04/2013

Proposal for a Regulation of the European Parliament and of the Council 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 (EU doc. no. COM(2013) 197 final)

Documents and material on the ongoing legislative process for this proposal can be found on Statewatch News Online and in the Statewatch Database.

   

23/10/2012

Communication (EU doc. no. COM(2012) 290): Financial statement accompanying Regulation (EU) No 1168/2011 (Increased funding for Frontex)

Council of the European Union

26/09/2012

Note from Legal Department to COREPER II (EU doc. no. 14236/12): Judgment of the Court of Justice of 5 September 2012 in Case C-355/10 (European Parliament v. Council of the European Union) - notion of essential and non-essential elements

European Parliament

30/05/2012

Frontex's reply to the European Parliament's LIBE Committee on the Agency's fundamental rights strategy

   

23/02/2012

Greens EFA's press release: Court ruling on odious Italy-Libya deal has clear implications for EU migration and border policies

European Data Protection Supervisor

30/05/2012

Opinion on the notification for prior checking from the Data Protection Officer of the FRONTEX on Staff Appraisal, Probation and Reclassification

European Ombudsman

02/2014

Ombudsman own-initiative inquiry into Frontex: Short Summary of the Special Report of the European Ombudsman in own-initiative inquiry OI/5/2012/BEH-MHZ concerning Frontex (pdf):

"The Ombudsman recommended to Frontex that it should set up a mechanism whereby it could deal directly with complaints from people claiming to have had their fundamental rights breached by Frontex. Regrettably, Frontex decided not to accept this recommendation....

The Ombudsman does not accept that Frontex does not carry responsibility for the actions of staff operating under the Frontex banner. That responsibility may sometimes be shared with the individual Member State, but it is not tenable that Frontex has no responsibility and that, thus, it should not deal with complaints arising from actions in which it is involved... The Ombudsman seeks the support of the European Parliament in prevailing upon Frontex to act on the recommendation to establish its own complaints mechanism."

See also: Full Summary on Frontex Inquiry (pdf)

   

09/04/2013

Draft recommendation of the European Ombudsman in his own-initiative inquiry OI/5/2012/BEH-MHZ concerning the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) and accompanying letter to Executive Director

   

19/07/2012

European Ombudsman invites observations from interested parties concerning his own-initiative inquiry into the implementation by Frontex of its fundamental rights obligations. See all contributions from third organisations and third parties. Statewatch and Migreurop's reply to the Ombudsman.

   

06/03/2012

Own-initiative inquiry OI/5/2012/BEH-MHZ concerning implementation by Frontex of its fundamental rights obligations, letter to Illka Laitinen, Frontex's Executive Director. See Frontex's reply to the Ombudsman on 17 May 2012.  

European Court of Justice (Court of Justice of the European Union)

05/09/2012

European Parliament v Council of the European Union (Case C-355/10): Judgment of the Grand Chamber of the European Court of Justice annuling Council Decision 2010/252/EC supplementing the Schengen Borders Code during surveillance operations coordinated by Frontex at the sea external borders

   

17/04/2012

European Parliament v Council of the European Union (Case C-355/10): General Advocate Paolo Mengozzi in favour of the annulment of Council Decision 2010/252/EU supplementing the Schengen Borders Code as regards the surveillance of the sea external borders in the context of operational cooperation coordinated by Frontex

(see Statewatch's analysis of the opinion in the Analysis section)

   

14/07/2010

European Parliament v Council of the European Union (Case C-355/10) challenging the legality of the adoption procedure of Council Decision 2010/252/EU of 26 April 2010 supplementing the Schengen Borders Code as regards the surveillance of the sea external borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union.

European Court of Human Rights

23/02/2012

ECHR's ruling - Hirsi Jamma and others v. Italy: Returning migrants to Libya without examining their case exposed them to a risk of ill-treatment and amounted to collective expulsion

(See also Green EFA Press Release in "European Parliament" section)

Council of Europe  

08/04/2013

Frontex: human rights responsibilities, doc. 13161. Committee on Migration, Refugees and Displaced Persons (Rapporteur: Mr Mikael CEDERBRATT, Sweden, Group of the European People's Party)

   

17/09/2012

Contribution by the Committee on Migration, Refugees and Displaced Persons to the public consultation in the context of the European Ombudsman's own-initiative inquiry on Frontex

   

12/09/2011

Frontex and human rights implications of Europe's border security, doc.12704, Motion for a resolution presented by Mr Hagen and others

Fundamental Rights Agency of the European Unio (FRA) 

26/09/2012

Contribution by the FRA to the public consultation in the context of the European Ombudsman's own-initiative inquiry on Frontex

AMENDMENT PROCESS OF REGULATION 2004/2007: 2010-2011

Council of the European Union

22/11/2011

REGULATION (EU) No 1168/2011 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 25 October 2011 amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union

and Full-text of Regulation as amended: The Frontex Regulation – Consolidated text after 2011 amendments (33 pages, pdf) by Steve Peers, Professor of Law, University of Essex

   

10/10/2011

New rules on Frontex adopted - Strengthening the European external borders agency (EU doc. no. 15208/11), Press release 353

   

03/10/2011

Council Declaration on the UK's participation in Frontex operations (EU doc. no. 14702/11 ADD 1)

   

15/09/2011

Note from General Secretariat of the Council, to: delegations (EU doc. no. 14259/11) Plenary Session of the European Parliament: Debate - European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex)

   

23/06/2011

Council of the European Union, Press release (EU doc. no.)11916/11 PRESSE 192: Strengthening the European external borders agency Frontex - Political agreement between Council and Parliament

   

17/06/2011

Note from Presidency, to: Coreper/Mixed Committee (EU-Iceland/Liechtenstein/Norway/Switzerland) (EU doc. no. 1176/11)

Proposal for a Regulation of the European Parliament and the Council amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex)

   

26/05/2011

Note from Presidency, to: delegations (EU doc. no. 10639/11)
Proposal for a Regulation of the European Parliament and the Council amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex)

   

18/05/2011

Proposal for the amendment of Frontex Regulation - Presidency's compromise proposals on LIBE amendments regarding Fundamental Rights issues and democratic scrutiny, 10241/11

   

27/04/2011

Note from Presidency, to: JHA Counsellors /Mixed Committee (EU doc. no. 9342/11 LIMITE)
Proposal for a Regulation of the European Parliament and the Council amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex)

   

11/04/2011

Note from: Presidency, to: Working Party on Frontiers/Mixed Committee (EU doc. no. 8707/11)

Proposal for a Regulation of the European Parliament and the Council amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex)

   

25/03/2011

Note from: Presidency, to: Working Party on Frontiers/Mixed Committee (EU doc. no. 7961/11)

Proposal for a Regulation amending Council Regulation (EC) No 2007/2004

   

01/03/2011

Outcome of Proceedings of: Working Party on Frontiers/Mixed Committee (EU doc. no. 6394/11)

Proposal for a Regulation amending Council Regulation (EC) No 2007/2004

   

01/02/2011

Note from: Presidency, to: Working Party on Frontiers/Mixed Committee (EU doc. no. 5859/11)

Proposal for a Regulation amending Council Regulation (EC) No 2007/2004

   

01/02/2011

Outcome of Proceedings of: Working Party on Frontiers/Mixed Committee (EU doc. no. 5682/11)

Proposal for a Regulation amending Council Regulation (EC) No 2007/2004

   

12/01/2011

Note from: Presidency, to: Working Party on Frontiers/Mixed Committee (EU doc. no. 5099/11)

Proposal for a Regulation amending Council Regulation (EC) No 2007/2004

   

13/12/2010

Outcome of Proceedings of: Working Party on Frontiers/Mixed Committee (EU doc. no. 17619/10)

Proposal for a Regulation amending Council Regulation (EC) No 2007/2004 - Draft report of the European Parlament Rapporteur

   

29/11/2010

Note from: Presidency, to: Working Party on Frontiers/Mixed Committee (EU doc. no. 16587/10)

Proposal for a Regulation amending Council Regulation (EC) No 2007/2004

   

22/11/2010

Outcome of Proceedings of: Working Party on Frontiers/Mixed Committee (EU doc. no. 15812/10)

Proposal for a Regulation amending Council Regulation (EC) No 2007/2004 - Draft report of the European Parliament Rapporteur

   

17/11/2010

Note from: Maltese delegation, to: Working Party on Frontiers/Mixed Committee (EU doc. no. 16147/10)

Proposal for a Regulation of the European Parliament and the Council amending Council Regulation No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex)

   

28/10/2010

Note from: Presidency, to: Working Party on Frontiers/Mixed Committee (EU doc. no. 15261/10)

Proposal for a Regulation amending Council Regulation (EC) No 2007/2004 - Recitals

   

27/10/2010

Note from: Presidency, to: Working Party on Frontiers/Mixed Committee (EU doc. no. 15260/10)

Proposal for a Regulation amending Council Regulation (EC) No 2007/2004 - Outstanding issues

   

14/10/2010

Note from: Presidency, to: Strategic Committee on Immigration, Frontiers and Asylum/Mixed Committee (EU doc. no. 14914/10)

Proposal for a Regulation amending Council Regulation (EC) No 2007/2004

   

14/09/2010

Note from: Presidency, to: Working Party on Frontiers/Mixed Committee (EU doc. no. 13466/10)

Proposal for a Regulation amending Council Regulation (EC) No 2007/2004 - Personal data related issues

   

09/09/2010

Note from: Greek delegation, to: Working Party on Frontiers/Mixed Committee (EU doc. no. 13396/10)

Proposal for a Regulation amending Council Regulation (EC) No 2007/2004

   

02/09/2010

Request for Information (EU doc. no. 4313/10)

Proposal amending Frontex Regulation - Request for contributions

   

03/08/2010

Outcome of Proceedings of: Working Party on Frontiers/Mixed Committee (EU doc. no. 11843/1/10)

Proposal for a Regulation amending Council Regulation (EC) No 2007/2004

   

23/07/2010

Note from: Polish delegation, to: Working Party on Frontiers/Mixed Committee (EU doc. no. 12519/10)

Proposal for a Regulation amending Council Regulation (EC) No 2007/2004

   

22/07/2010

Outcome of Proceedings of: Working Party on Frontiers/Mixed Committee (EU doc. no. 11843/10)

Proposal for a Regulation amending Council Regulation (EC) No 2007/2004

   

20/07/2010

Note from: Presidency, to: Working Party on Frontiers/Mixed Committee (EU doc. no. 12290/10)

Proposal for a Regulation amending Council Regulation (EC) No 2007/2004

   

29/06/2010

Note from: The President of the Austrian Federal Council, Peter Mitterer, to: José Luis Rodriguez Zapatero, President of the Council of the European Union (EU doc. no. 10878/10)

Proposal for a Regulation amending Council Regulation (EC) No 2007/2004  Reasoned opinion in accordance with Article 6 of the Protocol (No 2) on the application of the Principles of Subsidiarity and Proportionality

   

21/06/2010

Note from: Incoming Belgian Presidency, to: Working Party on Frontiers/Mixed Committee (EU doc. no. 11257/10)

Proposal for a Regulation amending Council Regulation (EC) No 2007/2004

   

04/06/2010

Note from: Greek delegation, to: Working Party on Frontiers/Mixed Committee (EU doc. no. 10678/10)

Proposal for a Regulation amending Council Regulation (EC) No 2007/2004

   

21/05/2010

Note from: Polish delegation, to: Working Party on Frontiers/Mixed Committee (EU doc. no. 10056/10)

 Proposal for a Regulation amending Council Regulation (EC) No 2007/2004

   

21/05/2010

Note from: Polish delegation, to: Working Party on Frontiers/Mixed Committee (EU doc. no. 10055/10)

Proposal for a Regulation amending Council Regulation (EC) No 2007/2004

   

21/05/2010

Note from: Italian delegation, to: Working Party on Frontiers/Mixed Committee (EU doc. no. 10053/10)

Proposal for a Regulation amending Council Regulation (EC) No 2007/2004

   

11/05/2010

Note from: Polish delegation, to: Working Party on Frontiers/Mixed Committee (EU doc. no. 9673/10)

Proposal for a Regulation amending Council Regulation (EC) No 2007/2004

   

11/05/2010

Note from: Netherlands delegation, to: Working Party on Frontiers/Mixed Committee (EU doc. no. 9671/10)

Proposal for a Regulation amending Council Regulation (EC) No 2007/2004

   

11/05/2010

Note from: Finnish delegation, to: Working Party on Frontiers/Mixed Committee (EU doc. no. 9668/10)

Proposal for a Regulation amending Council Regulation (EC) No 2007/2004

   

11/05/2010

Outcome of Proceedings of: Working Party on Frontiers/Mixed Committee (EU doc. no. 9390/10)

Proposal for a Regulation amending Council Regulation (EC) No 2007/2004

   

06/05/2010

Note from: Speaker of the Polish Senate, Bogdan Borusewicz, to: Miguel Ángel Moratinos, President of the Council of the European Union (EU doc. no. 9483/10)

Proposal for a Regulation amending Council Regulation (EC) No 2007/2004 - Reasoned opinion in accordance with Article 6 of the Protocol (No 2) on the application of the Principles of Subsidiarity and Proportionality

   

03/05/2010

Outcome of Proceedings of: Working Party on Frontiers/Mixed Committee (EU doc. no. 8466/10)

Proposal for a Regulation amending Council Regulation (EC) No 2007/2004 

   

22/04/2010

Note from: Presidency, to: Working Party on Frontiers/Mixed Committee (EU doc. no. 8832/10)

Proposal for a Regulation amending Council Regulation (EC) No 2007/2004

   

06/04/2010

Outcome of Proceedings of: Working Party on Frontiers/Mixed Committee (EU doc. no. 8244/10)

Proposal for a Regulation amending Council Regulation (EC) No 2007/2004 

   

29/03/2010

Note from: Presidency, to: Working Party on Frontiers/Mixed Committee (EU doc. no. 8121/10)

Proposal for a Regulation amending Council Regulation (EC) No 2007/2004

   

26/03/2010

Outcome of Proceedings of: Working Party on Frontiers/Mixed Committee (EU doc. no. 7497/10)

Proposal for a Regulation amending Council Regulation (EC) No 2007/2004

European Commission

03/10/2011

COM Declaration on the monitoring of return operations and on the creation of a European system of border guards (EU doc.no. 14702/11 ADD 1)

   

07/2011

Background information on smart borders initiative

   

28/01/2011

Commission Staff Working Paper determining the technical and operational framework of the European Border Surveillance System (EUROSUR) and the actions to be taken for its establishment Council of the European Union, SEC(2011) 45 final

   

15/12/2010

Press release IP/10/1719 from the European Commission: The European Commission provides an additional €9.8 million and further technical support to Greece on asylum and border issues

   

29/11/2010

Commission Staff Working document on the fulfilment of the 29 measures for reinforcing the protection of external borders and combating illegal immigration adopted at the Justice and Home Affairs Council meeting, held on 25 and 26 February 2010, SEC(2010) 1480

   

01/03/2010

Note from: Secretary-General of the European Commission, signed by Mr Jordi Ayet Puigarnau, Director, to: Mr Pierre de Boissieu, Secretary-General of the Council of the European Union (EU doc. no. 6898/10)

Proposal for a Regulation amending Council Regulation (EC) No 2007/2004

   

24/02/2010

Commission Staff Working document: Impact assessment accompanying the Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex), SEC (2010) 149

   

24/02/2010

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND THE COUNCIL amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex), COM (2010) 61 final 2010/0039 (COD)

   

13/02/2008

Communication from the Commission to the European Parliament, the Council, The European Economic and Social Committee and the Committee of the Regions Examining the creation of a European Border Surveillance System (EUROSUR), COM (2008) 68 final

   

02/2008

Communication from the Commission to the European Parliament and the Council. Report on the evaluation and future development of the Frontex Agency, COM (2008) 68 final

   

02/2008

Commission staff working document accompanying document to the Communication from the Commission report on the evaluation and future development of the Frontex Agency, Impact Assessment, SEC (2008)

   

02/2008

Commission staff working document: Annex to the report from the Commission on the evaluation and future development of the Frontex Agency, Statistical data COM (2008) xx final

European Parliament

13/09/2011

European Parliament (EU doc. no.IP/11/1020) : European Parliaments adopts Commission proposal for stronger EU border management agency, press release

   

13/09/2011

European United Left/Nordic Green Left (GUE/NGL): New Frontex mandate a "wolf in sheep's clothing", press release

   

13/09/2011

Green/EFA Group: Frontex/EU border control. Half-hearted improvements on human rights protection fall short, press release

   

23/03/2011

Orientation vote result on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) (COM(2010)0061 - C7-0045/2010 - 2010/0039(COD)), Committee on Civil Liberties, Justice and Home Affairs

   

23/02/2010

European Parliament resolution of 18 December 2008 (EU doc. no. 2008/2157(INI)) Evaluation and future development of the Frontex Agency and of the European Border Surveillance System (Eurosur) , OJEU, 2010/C 45 E/08

   

26/01/2010

European Parliament's opinion. Note for the file: Draft Council Decision supplementing the Schengen Borders Code as regards sea border surveillance in the context of operational cooperation coordinated by Frontex (COM(2009)658) as amended by the Council on 25 January 2010

   

18/12/2008

European Parliament Resolution (EU doc. no. 2008/2157(INI)) - Evaluation and future development of the Frontex Agency and of the European Border Surveillance System (Eurosur)

   

11/11/2008

European Parliament Report (EU doc. no. A6-0437/2008) on the evaluation and future development of the Frontex Agency and of the European Border Surveillance System (EUROSUR) (2008/2157(INI))

European Data Protection Supervisor

17/12/2010

Opinion of the European Data Protection Supervisorv on the Communication from the Commission to the European Parliament and the Council - "EU Internal Security Strategy in Action: Five steps towards a more secure Europe"

   

03/12/2010

EDPS's comments on Amendment 59 in the Draft report on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) (COM(2010)0061 - C7-0045/2010 -2010/0039(COD)) - Letter of 3 December 2010 to Rapporteur Simon Busuttil concerning the draft report on the proposal for a revised Frontex Regulation (Case 2010-0056)

   

17/10/2010

Revision of Frontex's mandate: EDPS calls for clear rules on data protection. Press release and full text of Opinion

   

26/04/2010

Opinion of 26 April 2010 on a notification for prior checking concerning the "Collection of names and certain other relevant data of returnees for joint return operations (JRO)" (Case 2009-0281

   

03/03/2008

Preliminary Comments of the European Data Protection Supervisor on Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, “Report on the evaluation and future development of the Frontex Agency”, COM(2008) 67 final

European Council

12/09/2011

Frontex and human rights implications of Europe’s border security, Motion for a resolution presented by Mr Hagen and others

   

01/06/2011

The interception and rescue at sea of asylum seekers, refugees and irregular migrants - Committee on Migration, Refugee and Population, Rapporteur: Mr Arcadio DÍAZ TEJERA, Spain, Socialist Group

   

FRONTEX'S INITIAL MANDATE: 2004-2010

Council of the European Union

16/04/2010

Council decision supplementing the Schengen Borders Code as regards the surveillance of the sea external borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union

   

22/02/2010

Council of the European Union (EU Doc. No. 6504/10): New JHA working structures: Abolition of CIREFI and transfer of its activities to Frontex and the Working Party on Frontiers

   

21/01/2010

Draft Council Decision supplementing the Schengen Borders Code as regards the surveillance of the sea external borders in the context of the operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders, 5323/1/10

   

15/02/2008

Council of the European Union (EU Doc. No. 5685/08): Conclusions from the Expert Meeting on the Follow-up of the Joint Frontex Europol Report on the High Risk Routes of Illegal Migration in the Western Balkan Countries within the Frontex Risk Analysis Network

   

11/07/2007

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

   

26/04/2005

Council Decision of 26 April 2005 designating the seat of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union

   

25/11/2004

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

   

11/06/2003

Council of the European Union (EU Doc. No.10058/1/03 REV 1): Report on the implementation of programmes, ad hoc centres, pilot projects and joint operations

   

13/09/2002

Note from UK delegation to SCIFA (EU Doc. No.11994/02)

UK setting up "Mobile Detection Unit" for external border controls at the five main irregular migration routes into the EU (Balkans, Baltic, Southern Mediterranean, North Africa, Central Europe) 

   

30/05/2002

Council of the European Union: Feasibility study for the setting up of the "European Border Police" - final report (Odysseus Programme)

European Commission

25/10/2004

European Commission Staff Working Paper (SEC(2004) 1349: Annual report on the development of a common policy on illegal immigration, smuggling and trafficking of human beings, external borders, and the return of illegal residents 

   

13/11/2003

European Commission: Proposal for a Council Regulation establishing a European Agency for the Management of Operational Co-operation at the External Borders

   

05/07/2002

Communication from the Commission to the Council and the European Parliament: Towards Integrated Management of the External Borders of the Member States of the European Union, COM(2002) 233 final

European Court of Justice (Court of Justice of the European Union)

18/12/2007

United Kingdom v Council of the European Union (Case C-77/05) Action for annulment under Article 230 EC of Regulation 2004/2007 (challenging the exclusion of the UK from the decision process in the adoption of Regulation 2004/2007 and the classification of Regulation 2004/2007 as developing the provisions of the Schengen acquis)

 

 

 

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