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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1 OJ C , , p. .

2 OJ C , , p. .

3 OJ C , , p. .

4 OJ C , , p. .

5 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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1 OJ C , , p. .

2 OJ C , , p. .

3 OJ C , , p. .

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

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

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

7 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 r eturn of f ree mo vement ,

including retu rn.

movement, including return.

area and r 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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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).

2 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 s 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.

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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 ence to 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 i n 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 s 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 r r 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.1 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 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.2 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 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 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 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

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1 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).

2 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 gal immigration 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 4 should 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 17 should 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 6 should 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

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).

2 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).

3 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).

4 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).

5 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).

6 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 comply withnorms 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 comply withnorms 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



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image

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1 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).

2 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).

3 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).

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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 Coast Guard 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 1 should 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 3 should 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 5 should 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 7 should 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

1 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).

2 OJ L 136, 31.5.1999, p. 15.

3 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).

4 OJ L 136, 31.5.1999, p. 15.

5 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).

6 OJ L 136, 31.5.1999, p. 15.

7 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).

8 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

1 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).

2 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,5 Council 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,2 Council 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

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).

2 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).

3 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).

4 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).

5 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).

6 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).

7 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

2 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).

3 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).

4 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).

1 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).

5 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

1 OJ L 176, 10.7.1999, p. 36.


referred to in point A of Article 1 of Council Decision 1999/437/EC.1 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 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.4 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 5 provides 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.7 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 8 provides 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

3 OJ L 176, 10.7.1999, p. 36.

6 OJ L 176, 10.7.1999, p. 36.

9 OJ L 176, 10.7.1999, p. 36.

1 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).

2 OJ L 188 of 20.7.2007, p. 19.

4 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).

5 OJ L 188 of 20.7.2007, p. 19.

7 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).

8 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

1 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).

3 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).

5 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).

7 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).

2 OJ L 160, 18.6.2011, p. 21.

3 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).

4 OJ L 160, 18.6.2011, p. 21.


2011/350/EU.1

2011/350/EU.5


image

2 OJ L 160, 18.6.2011, p. 21.

3 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).

4 OJ L 160, 18.6.2011, p. 21.

1 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).

5 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

1 OJ L 243 of 16.9.2010, p. 4.

2 OJ L 243 of 16.9.2010, p. 4.

3 OJ L 243 of 16.9.2010, p. 4.

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

1 OJ L 131, 1.6.2000, p. 43.

2 OJ L 131, 1.6.2000, p. 43.

3 OJ L 131, 1.6.2000, p. 43.

4 OJ L 131, 1.6.2000, p. 43.

5 OJ L 64, 7.3.2002, p. 20.

6 OJ L 64, 7.3.2002, p. 20.

7 OJ L 64, 7.3.2002, p. 20.

8 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

1 OJ C […]

2 OJ C […]

3 OJ C […]

4 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

1 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).

2 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).

3 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).

4 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).

5 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).

6 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).

7 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).

8 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 Coast1 Guard 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 L77, 23.3.2016, 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 (EU) 2016/399;

(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

1 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 a 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 a 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 a 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/EC, that 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 a 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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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 coherent with 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;

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(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

1 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

2 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 addressillegal immigrationand 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;

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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.

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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 62/2006 2016/399.

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 s challenges, 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

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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 gal 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;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



image

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).

2 Council Decision 2008/381/EC of 14 May 2008 establishing a European Migration Network (OJ L 131, 21.5.2008, p. 7).

3 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).

4 Council Decision 2008/381/EC of 14 May 2008 establishing a European Migration Network (OJ L 131, 21.5.2008, p. 7).

5 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).

6 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;

deleted

(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.

deleted

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 Ee xchange 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

image

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 Commissionin accordan ce w ith

article 49, and 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 gular illegal 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 StatesMa n 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 T he

Mana gement Board shall, based on a risk analysis and in cons ultation with

the Mana gement Boa rd a 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

deleted


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 and required 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 y assist 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 ources preparednessand contingency plans of the Member Statesr e 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 e 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 e 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 analysis, the

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 analysis, the

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 concerned, includin 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 on setting out the necessary corrective measures to be taken by the Member State concerned, includin g 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. A Member States may 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 i 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. A Member States may 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 i 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

immigration illegalimmigration, 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

prevention, including the fight against migrant smuggling or trafficking in human beings, dru 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

prevention, including the fight against migrant smugglingor trafficking in human beings, dru 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;

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(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



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1 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).

2 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).

3 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).

4 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

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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

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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 face