4-column document - 22 June
1
Proposal for a Regulation of the
Proposal for a Regulation of the
Proposal for a Regulation of the
Proposal for a Regulation of the
European Parliament and of the
European Parliament and of the
European Parliament and of the
European Parliament and of the
Council on the European Border and
Council on the European Border and
Council on the European Border and
Council on the European Border and
Coast Guard and repealing
Coast Guard and repealing
Coast Guard and repealing
Coast Guard and repealing
Regulation (EC) No 2007/2004,
Regulation (EC) No 2007/2004,
Regulation (EC) No 2007/2004,
Regulation (EC) No 2007/2004,
Regulation (EC) No 863/2007 and
Regulation (EC) No 863/2007 and
Regulation (EC) No 863/2007 and
Regulation (EC) No 863/2007 and
Council Decision 2005/267/EC
Council Decision 2005/267/EC
Council Decision 2005/267/EC
Council Decision 2005/267/EC
and
amending Regulation (EU)
2016/399.
COMMISSION PROPOSAL
COUNCIL POSITION
LIBE AMENDMENTS
COMPROMISE
The European Parliament and the
The European Parliament and the
The European Parliament and the
The European Parliament and the
Council of the European Union,
Councilof the European Union,
Council of the European Union,
Council of the European Union,
Having regard to the Treaty on the
Having regard to the Treaty on the
Having regard to the Treaty on the
Having regard to the Treaty on the
Functioning of the European Union,
Functioning of the European Union,
Functioning of the European Union,
Functioning of the European Union,
and in particular Articles 77(2)(b)
and in particular Articles 77(2)(b)
and in particular Articles 77(2)(b)
and in particular Articles 77(2)(b)
and (d) and Article 79(2)(c) thereof,
and (d) and (e) and Article 79(2)(c)
and (d) and Article 79(2)(c) thereof,
and (d) and Article 79(2)(c) thereof,
thereof,
Having regard to the proposal from
Having regard to the proposal from
Having regard to the proposal from
Having regard to the proposal from
the European Commission,
the European Commission,
the European Commission,
the European Commission,
After transmission of the draft
After transmission of the draft
After transmission of the draft
After transmission of the draft
legislative act to the national
legislative act to the national
legislative act to the national
legislative act to the national
parliaments,
parliaments,
parliaments,
parliaments,
Having regard to the opinion of the
Having regard to the opinion of the
Having regard to the opinion of the
Having regard to the opinion of the
European Economic and Social
European Economic and Social
European Economic and Social
European Economic and Social
Committee,
1
Committee,
3
Committee,
5
Committee,
7
Having regard to the opinion of the
Committee of Regions,
2
1
OJ C , , p. .
2
OJ C , , p. .
3
OJ C , , p. .
5
OJ C , , p. .
7
OJ C , , p. .
2
Acting in accordance with the
Having regard to the opinion of the
Having regard to the opinion of the
Having regard to the opinion of the
ordinary legislative procedure,
Committee of Regions,
1
Committee of Regions,
3
Committee of Regions,
5
Whereas:
Acting in accordance with the
Acting in accordance with the
Acting in accordance with the
ordinary legislative procedure,
ordinary legislative procedure,
ordinary legislative procedure,
Whereas:
Whereas:
Whereas:
(1)
On 25 and 26 June 2015,
6 the
(1)
On 25 and 26 June 2015,
8 the
(1)
On 25 and 26 June 2015,12 the
(1)
On 25 and 26 June 2015,12 the
European Council called for wider
European Council called for wider
European Council called for wider
European Council called for wider
efforts in resolving the migrant crisis
efforts in resolving the migrant crisis
efforts in resolving the migrant crisis
efforts in resolving the migrant crisis
in a comprehensive manner,
in a comprehensive manner,
unprecedented migratory flows in a
unprecedented migratory flows in a
including through the reinforcement
including through the reinforcement
comprehensive manner, including
comprehensive manner, including
of the management of borders to
of the management of borders to
through the reinforcement of the
through the reinforcement of the
better manage growing mixed
better manage growing mixed
management of borders to better
management of borders to better
migratory flows. Furthermore, on 23
migratory flows. Furthermore, on 23
manage growing mixed migratory
manage growing mixed migratory
September 2015,
7 the European
September 2015,
9 the European
flows. Furthermore, on 23 September
flows. Furthermore, on 23 September
Council stressed the need to tackle
Council stressed the need to tackle
2015,13 the European Council
2015,13 the European Council
the dramatic situation at the external
the dramatic situation at the external
stressed the need to tackle the
stressed the need to tackle the
borders as well as to strengthen the
borders as well as to strengthen the
dramatic situation at the external
dramatic situation at the external
controls at those borders, notably
controls at those borders, notably
borders as well as to strengthen the
borders as well as to strengthen the
through additional resources for the
through additional resources for the
controls at those borders, notably
controls at those borders, notably
European Agency for the
European Agency for the
through additional resources for the
through additional resources for the
Management of Operational
Management of Operational
European Agency for the
European Agency for the
Cooperation at the External Borders
Cooperation at the External Borders
Management of Operational
Management of Operational
of the Member States of the
of the Member States of the
Cooperation at the External Borders
Cooperation at the External Borders
European Union, the European
European Union, the European
of the Member States of the
of the Member States of the
Asylum Support Office and Europol,
Asylum Support Office and Europol,
European Union, the European
European Union, the European
with human resources and technical
Asylum Support Office and Europol,
Asylum Support Office and Europol,
1
OJ C , , p. .
3
OJ C , , p. .
5
OJ C , , p. .
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.
8
Meeting of the European Council, Conclusions of 25 and 26 June 2015.
9
Informal meeting of EU Heads of State or Government on migration, Statement of 23 September 2015.
3
with human resources and technical
contributions from Member States.
with human resources and technical
with human resources and technical
contributions from Member States.
contributions from Member States.
contributions from Member States.
__________________
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.
4
(2)
The objective of Union policy
(2)
The objective of Union policy
(2)
The objective of Union policy
(2)
The objective of Union policy
in the field of external border
in the field of external border
in the field of external border
in the field of external border
management is to develop and
management is to develop and
management is to develop and
management is to develop and
implement European integrated
implement European integrated
implement European integrated
implement European integrated
border management at national and
border management at national and
border management at national and
border management at national and
Union level, which is a necessary
Union level, which is a necessary
Union level, which is a necessary
Union level, which is a necessary
corollary to the free movement of
corollary to the free movement of
corollary to the free movement of
corollary to the free movement of
persons within the Union and is a
persons within the Union and is a
persons within the Union and is a
persons within the Union and is a
fundamental component of an area of
fundamental component of an area of
fundamental component of an area of
fundamental component of an area of
freedom, security and justice.
freedom, security and justice.
freedom, security and justice.
freedom, security and justice.
European integrated border
European integrated border
European integrated border
European integrated border
management is central to improving
management is central to improving
management is central to improving
management is central to improving
migration management and ensuring
migration management and ensuring
migration management and
, with a
migration management and
, with a
a high level of internal security
a high level of internal security
view to monitoring efficiently the
view to managing efficiently the
within the Union.
within the Union.
crossing of the external borders and
crossing of the external borders,
to addressing migratory challenges
including addressing migratory
and potential future threats at those
challenges and potential future
borders, thereby contributing to
threats at those borders, thereby
addressing serious crime with a
contributing to addressing serious
cross-border dimension and to
crime with a cross-border dimension
ensuring a high level of internal
and to ensuring a high level of
security within the Union
, in full
internal security within the Union
, in
respect for fundamental rights,
full respect for fundamental rights,
while safeguarding the free
while safeguarding the free
movement of persons therein.
movement of persons therein.
(3)
European integrated border
(3)
European integrated border
(3)
European integrated border
(3)
European integrated border
management, based on the four-tier
management, based on the four-tier
management, based on the four-tier
management, based on the four-tier
access model, comprises measures in
access model, comprises measures in
access model, comprises measures in
access model, comprises measures in
third countries, such as under the
third countries, such as under the
third countries, such as under the
third countries, such as under the
common visa policy, measures with
common visa policy, measures with
common visa policy, measures with
common visa policy, measures with
neighbouring third countries, border
neighbouring third countries, border
neighbouring third countries, border
neighbouring third countries, border
control measures at the external
control measures at the external
control measures at the external
control measures at the external
border itself as well as risk analysis,
border itself as well as risk analysis,
border itself as well as risk analysis,
border itself as well as risk analysis,
and measures within the Schengen
and measures within the Schengen
5
and measures within the area of free
area and return of free movement,
and measures within the area of free
area and return of free movement,
movement, including return.
including return.
movement, including return.
including return.
(3a) When implementing European
(3a) When implementing European
integrated border management,
integrated border management,
coherence with other policy
coherence with other policy
objectives should be ensured
objectives should be ensured
including the proper functioning of
including the proper functioning of
cross-border transport.
cross-border transport.
6
(4)
To ensure the effective
(4)
To ensure the effective
(4)
To ensure the effective
(4)
To ensure the effective
implementation of the European
implementation of the European
implementation of the European
implementation of the European
integrated border management, a
integrated border management, a
integrated border management, a
integrated border management, a
European Border and Coast Guard
European Border and Coast Guard
European Border and Coast Guard
European Border
and Coast Guard
should be established. The European
should be established. The European
should be established
and should be
should be established
and should be
Border and Coast Guard, which
Border and Coast Guard, which
provided with the requisite financial
provided with the requisite financial
comprises the European Border and
comprises the European Border and
and human resources and
and human resources and
Coast Guard Agency and national
Coast Guard Agency and national
equipment. The European Border
equipment. The European Border
authorities which are responsible for
authorities which are responsible for
and Coast Guard, which comprises
and Coast Guard, which comprises
border management, including coast
border management, including coast
the European Border and Coast
the European Border
and Coast
guards to the extent that they carry
guards to the extent that they carry
Guard Agency and national
Guard Agency and national
out border control tasks, relies upon
out border control tasks, relies upon
authorities which are responsible for
authorities which are responsible for
the common use of information,
the common use of information,
border management, including coast
border management, including coast
capabilities and systems at national
capabilities and systems at national
guards to the extent that they carry
guards to the extent that they carry
level and the response of the
level and the response of the
out border control tasks, relies upon
out border control tasks, relies upon
European Border and Coast Guard
European Border and Coast Guard
the common use of information,
the common use of information,
Agency at Union level.
Agency at Union level.
capabilities and systems at national
capabilities and systems at national
level and the response of the
level and the response of the
European Border and Coast Guard
European Border
and Coast Guard
Agency at Union level.
Agency at Union level.
(5)
European integrated border
(5)
European integrated border
(5)
European integrated border
(5)
European integrated border
management is a shared
management shall be implemented as
management is a shared
management should be implemented
responsibility of the European
is a shared responsibility by of the
responsibility of the European
as is a shared responsibility by the
Border and Coast Guard Agency and
European Border and Coast Guard
Border and Coast Guard Agency and
European Border
and Coast Guard
the national authorities responsible
Agency and the national authorities
the national authorities responsible
Agency and the national authorities
for border management, including
responsible for border management,
for border management, including
responsible for border management,
coast guards to the extent that they
including coast guards to the extent
coast guards to the extent that they
including coast guards to the extent
carry out border control tasks. While
that they carry out border control
carry out
maritime border
that they carry out
maritime border
Member States retain the primary
tasks. While Member States retain
surveillance operations and any
surveillance operations and any
responsibility for the management of
the primary responsibility for the
other border control tasks. While
other border control tasks. While
their section of the external borders
management of their section of the
Member States retain the primary
Member States retain the primary
in their interest and in the interest of
external borders in their interest and
responsibility for the management of
responsibility for the management of
all Member States which have
in the interest of all Member States
their section of the external borders
their external borders in their interest
abolished internal border control, the
which have abolished internal border
in their interest and in the interest of
and in the interest of all Member
7
European Border and Coast Guard
control, the European Border and
all Member States which have
States, the European Border
and
Agency should ensure the application
Coast Guard Agency should support
abolished internal border control, the
Coast Guard Agency should support
of Union measures relating to the
ensure the application of Union
European Border and Coast Guard
the application of Union measures
management of the external borders
measures relating to the management
Agency should ensure the application
relating to the management of the
by reinforcing, assessing and
of the external borders by
of Union measures relating to the
external borders by reinforcing,
coordinating the actions of Member
reinforcing, assessing and
management of the external borders
assessing and coordinating the
States which implement those
coordinating the actions of Member
by reinforcing, assessing and
actions of Member States which
measures.
States which implement those
coordinating the actions of Member
implement those measures.
measures.
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.
(5a) The European integrated
(5a) The European integrated
border management does not alter the
border management does not alter the
respective competences of
respective competences of
Commission and Member States in
Commission and Member States in
the customs area, in particular
the customs area, in particular
regarding controls, risk management
regarding controls, risk management
and exchange of information.
and exchange of information.
(6)
The development of the policy
(6)
The development of the policy
(6)
The development of the policy
(6)
The development of the policy
and legislation on external border
and legislation on external border
and legislation on external border
and legislation on external border
control and return remains a
control and return remains a
control and return remains a
control and return
, including the
responsibility of the Union
responsibility of the Union
responsibility of the Union
development of a European
institutions. Close coordination
institutions. Close coordination
institutions. Close coordination
Integrated Border Management
between the European Border and
between the European Border and
between the European Border and
strategy, remains a responsibility of
Coast Guard Agency and those
Coast Guard Agency and those
Coast Guard Agency and those
the Union institutions. Close
institutions should be guaranteed.
institutions should be guaranteed.
institutions should be guaranteed.
coordination between the European
Border
and Coast Guard Agency
8
and those institutions should be
guaranteed.
(7)
The European Agency for the
(7)
The European Agency for the
(7)
The European Agency for the
(7)
The European Agency for the
Management of Operational
Management of Operational
Management of Operational
Management of Operational
Cooperation at the External Borders
Cooperation at the External Borders
Cooperation at the External Borders
Cooperation at the External Borders
of the Member States of the
of the Member States of the
of the Member States of the
of the Member States of the
European Union, commonly referred
European Union, commonly referred
European Union, commonly referred
European Union, commonly referred
to as Frontex, was established by
to as Frontex, was established by
to as Frontex, was established by
to as Frontex, was established by
Council Regulation (EC) No
Council Regulation (EC) No
Council Regulation (EC) No
Council Regulation (EC) No
2007/2004.
1 Since taking up its
2007/2004.
2 Since taking up its
2007/2004. 14 Since taking up its
2007/2004. 14 Since taking up its
responsibilities on 1 May 2005, it has
responsibilities on 1 May 2005, it has
responsibilities on 1 May 2005, it has
responsibilities on 1 May 2005, it has
been successful in assisting Member
been successful in assisting Member
been successful in assisting Member
been successful in assisting Member
States with implementing the
States with implementing the
States with implementing the
States with implementing the
operational aspects of external border
operational aspects of external border
operational aspects of external border
operational aspects of external border
management through joint operations
management through joint operations
management through joint operations
management through joint operations
and rapid border interventions, as
and rapid border interventions, as
and rapid border interventions, as
and rapid border interventions, as
well as risk analysis, information
well as risk analysis, information
well as risk analysis, information
well as risk analysis, information
exchange, relations with third
exchange, relations with third
exchange, relations with third
exchange, relations with third
countries and the return of third-
countries and the return of third-
countries and the return of third-
countries and the return of third-
country nationals illegally staying on
country nationals illegally staying on
country nationals illegally staying on
country nationals illegally staying on
the territory of Member States.
the territory of Member States.
the territory of Member States
who
the territory of Member States
who
are the subject of a return decision
are the subject of a return decision
issued by a Member State in
issued by a Member State.
accordance with Directive
2008/115/EC of the European
Parliament and of the Council14a.
(8)
Having regard to the increasing
(8)
Having regard to the increasing
(8)
Having regard to the increasing
(8)
Having regard to the increasing
migratory pressures at the external
migratory pressures at the external
migratory pressures
It is necessary to
migratory pressures
It is necessary to
borders, to the necessity of ensuring
borders, to the necessity of ensuring
monitor the crossing of the external
monitor the crossing of the external
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).
9
a high level of internal security
a high level of internal security
borders efficiently, address
borders efficiently, address
within the Union and to safeguard
within the Union and to safeguard
migratory challenges and potential
migratory challenges and potential
the functioning of the Schengen area
the functioning of the Schengen area
future threats at the external borders,
future threats at the external borders,
as well as the overarching principle
as well as the overarching principle
to the necessity of ensuring
ensure a
to the necessity of ensuring
ensure a
of solidarity, it is necessary to
of solidarity, it is necessary to
high level of internal security within
high level of internal security within
reinforce the management of the
reinforce the management of the
the Union and to
, safeguard the
the Union and to
, safeguard the
external borders by building on the
external borders by building on the
functioning of the Schengen area as
functioning of the Schengen area as
work of Frontex and further develop
work of Frontex and further develop
well as
and respect the overarching
well as
and respect the overarching
it into an Agency with a shared
it into an Agency with a shared
principle of solidarity
. In light of
principle of solidarity
. In light of
responsibility for the management of
responsibility for the implementation
this, it is necessary to reinforce the
this, it is necessary to reinforce the
the external borders.
of the EU integrated border
management of the external borders
management of the external borders
management. management of the
by building on the work of Frontex
by building on the work of Frontex
external borders.
and further develop
developing it
and further develop
developing it
into an Agency with a shared
into an Agency with a shared
responsibility for the management of
responsibility for the management of
the external borders.
the external borders.
10
(9)
The tasks of Frontex should
(9)
The tasks of Frontex The
(9)
The tasks of Frontex should
9)
The tasks of The European
therefore be expanded and to reflect
European Agency for the
therefore be expanded and to reflect
Agency for the Management of
those changes, it should be renamed
Management of Operational
those changes, it should be renamed
Operational Cooperation at the
European Border and Coast Guard
Cooperation at the External Borders
European Border and Coast Guard
External Borders of the Member
Agency. The key role of the
of the Member States of the
Agency
(the Agency). The key role
States of the European Union should
European Border and Coast Guard
European Union should therefore be
of the European Border and Coast
therefore be expanded and to reflect
Agency should be to establish an
expanded and to reflect those
Guard Agency should be to establish
those changes, while remaining the
operational and technical strategy for
changes, it should be renamed
an operational and technical strategy
same legal personality, with full
the implementation of an integrated
European Border and Coast Guard
for the implementation of an
continuity in all its activities and
border management at Union level,
Agency
, to be refered to as Frontex.
integrated border management at
procedures, it should be renamed
to oversee the effective functioning
The key role of the European Border
Union level, to oversee the effective
European Border and Coast Guard
of border control at the external
and Coast Guard Agency should be
functioning of border control at the
Agency
(the Agency), to be referred
borders, to provide increased
to establish an operational and
external borders, to provide
to as Frontex. The key role of the
operational and technical assistance
technical strategy for the
increased operational and technical
European Border and Coast Guard
to Member States through joint
implementation of an integrated
assistance to Member States through
Agency should be to establish an
operations and rapid border
border management at Union level,
joint operations and rapid border
operational and technical strategy for
interventions, and to ensure the
to oversee the effective functioning
interventions, and to ensure the
the implementation of an integrated
practical execution of measures in
of border control at the external
practical execution of measures in
border management at Union level,
case of a situation requiring urgent
borders, to provide increased
case of a situation requiring urgent
to oversee the effective functioning
action at the external borders, as well
operational and technical assistance
action at the external borders
and
of border control at the external
as to organise, coordinate and
to Member States through joint
technical and operational assistance
borders, to provide increased
conduct return operations and return
operations and rapid border
to Member States and third
operational and technical assistance
interventions.
interventions, and to ensure the
countries in the context of search
to Member States through joint
practical execution of measures in
and rescue operations for persons in
operations and rapid border
case of a situation requiring urgent
distress at sea, as well as to organise,
interventions, and to ensure the
action at the external borders, as well
coordinate and conduct return
practical execution of measures in
as to organise, coordinate and
operations and return interventions.
case of a situation requiring urgent
conduct return operations and return
action at the external borders
and
interventions.
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.
11
(9a) The Agency shall carry out its
(9a) Given its activity at the
(9a) The Agency should carry out
tasks without prejudice to the
external borders, the Agency should
its tasks without prejudice to the
responsibilities of the Member States
contribute to preventing and
responsibilities of the Member States
with regard to the maintenance of
detecting serious crime with a cross-
with regard to the maintenance of
law and order and the safeguarding
border dimension, such as the
law and order and the safeguarding
of internal security.
criminal smuggling of persons,
of internal security.
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.
(9a1) The agency shall carry out its
(9b) The Agency should carry out
(9b) The Agency should carry out
tasks without prejudice to the
its tasks without prejudice to the
its tasks without prejudice to the
competence of the Member States
competence of the Member States
competence of the Member States
with regard to defense.
with regard to defence.
with regard to defence.
(9c) The extended tasks and
(9c) The extended tasks and
competence of the Agency should be
competence of the Agency should be
balanced with strengthened
balanced with strengthened
fundamental rights safeguards and
fundamental rights safeguards and
increased accountability.
increased accountability.
(9b) Member States may continue
(9d) Member States may continue
cooperation at an operational level
cooperation at an operational level
with other Member States and/or
with other Member States and/or
third countries at external borders,
third countries at external borders,
including military operations with a
including military operations with a
law enforcement purpose, to the
law enforcement purpose, to the
extent this cooperation is compatible
12
extent this cooperation is compatible
with the action of the Agency.
with the action of the Agency.
(10) The European Border and
(10) The European Border and
(10) The European Border and
(10) The European Border and
Coast Guard Agency relies on the
Coast Guard Agency relies on the
Coast Guard Agency relies on the
Coast Guard Agency relies on the
cooperation of Member States to be
cooperation of Member States to be
cooperation of Member States to be
cooperation of Member States to be
able to perform its tasks effectively.
able to perform its tasks effectively.
able to perform its tasks effectively.
able to perform its tasks effectively.
In this respect, it is important for the
In this respect, it is important for the
In this respect, it is important for the
In this respect, it is important for the
Agency and the Member States to act
Agency and the Member States to act
Agency and the Member States to act
Agency and the Member States to act
in good faith and to have a timely
in good faith and to have a timely
in good faith and to have a timely
in good faith and to have a timely
and accurate exchange of
and accurate exchange of
and accurate exchange of
and accurate exchange of
information.
information. No Member State shall
information.
information. No Member State
be obliged to supply information the
should be obliged to supply
disclosure of which it considers
information the disclosure of which it
contrary to the essential interests of
considers contrary to the essential
its security.
interests of its security.
(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.
13
(11) The European Border and
(11) The European Border and
(11) The European Border and
(11) The European Border and
Coast Guard Agency should prepare
Coast Guard Agency should prepare
Coast Guard Agency should prepare
Coast Guard Agency should prepare
general and tailored risk analysis
general and tailored risk analysis
general and tailored risk analysis
general and tailored risk analysis
based on a common integrated risk
based on a common integrated risk
based on a common integrated risk
based on a common integrated risk
analysis model, to be applied by the
analysis model, to be applied by the
analysis model, to be applied by the
analysis model, to be applied by the
Agency itself and by Member States.
Agency itself and by Member States.
Agency itself and by Member States.
Agency itself and by Member States.
The European Border and Coast
The European Border and Coast
The European Border and Coast
The European Border and Coast
Guard Agency should, based also on
Guard Agency should, based also on
Guard Agency should, based also on
Guard Agency should, based also on
information provided by Member
information provided by Member
information provided by Member
information provided by Member
States, provide adequate information
States, provide adequate information
States, provide adequate information
States, provide adequate information
and intelligence covering all aspects
and intelligence covering all aspects
and intelligence covering all aspects
and intelligence covering all aspects
relevant to European integrated
relevant to European integrated
relevant to European integrated
relevant to European integrated
border management, especially
border management, especially
border management, especially
border management, especially
border control, return, irregular
border control, return, irregular
border control, return, irregular
border control, return, irregular
secondary movements of third-
secondary movements of third-
secondary movements of third-
secondary movements of third-
country nationals within the Union,
country nationals within the Union,
country nationals within the Union,
country nationals within the Union,
prevention of cross-border crime
prevention of cross-border crime
prevention of cross-border crime
prevention of cross-border crime
including facilitation of irregular
including facilitation of irregular
including facilitation of irregular
including facilitation of
immigration, trafficking in human
immigration, trafficking in human
immigration, trafficking in human
unauthorised border crossing,
beings and terrorism, as well as the
beings and, terrorism and threats of
beings and terrorism, as well as the
trafficking in human beings and,
situation at neighbouring third
hybrid nature as well as the situation
situation at neighbouring third
terrorism and threats of hybrid nature
countries, so as to allow for
at neighbouring third countries, so as
countries, so as to allow for
as well as the situation at
appropriate measures to be taken or
to allow for appropriate measures to
appropriate measures to be taken or
neighbouring third countries, so as to
to tackle identified threats and risks
be taken or to tackle identified
to tackle identified threats and risks
allow for appropriate measures to be
with a view to improving the
threats and risks with a view to
with a view to improving the
taken or to tackle identified threats
integrated management of external
improving the integrated
integrated management of
the
and risks with a view to improving
borders.
management of external borders.
external borders.
the integrated management of
the
external borders.
(11a) Cross-border crimes
(11a)
Given its activity at the
necessarily entail a cross-border
external borders, the Agency should
dimension. Such a cross-border
contribute to preventing and
dimension is characterised by crimes
detecting serious crime with a cross-
linked to the illegaly crossing the
border dimension, such as the
external border, including trafficking
migrant smuggling, trafficking in
14
in human beings or smuggling of
human beings and terrorism, where
migrants, where there is a direct link
it is appropriate for it to act and
with the crossing of the external
where it has obtained relevant
border.
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 necessarily
entail a cross-border dimension. Such
a cross-border dimension is
characterised by crimes linked to the
illegally crossing the external border,
including trafficking in human
beings or smuggling of migrants,
where there is a direct link with the
crossing of the external border
notwithstanding the provisions of
article 1(2) of Council Directive
2002/90/EC which allow Member
States not to impose sanctions where
the aim of the behaviour is to provide
humanitarian assistance to migrants.
(12) In a spirit of shared
(12) In a spirit of shared
(12) In a spirit of shared
(12) In a spirit of shared
responsibility, the role of the
responsibility, the role of the
responsibility, the role of the
responsibility, the role of the
European Border and Coast Guard
European Border and Coast Guard
European Border and Coast Guard
European Border and Coast Guard
Agency should be to regularly
Agency should be to regularly
Agency should be to regularly
Agency should be to regularly
monitor the management of the
monitor the management of the
monitor the management of the
monitor the management of the
external borders. The Agency should
external borders. The Agency should
external borders. The Agency should
external borders. The Agency should
ensure proper and effective
ensure proper and effective
ensure proper and effective
ensure proper and effective
15
monitoring not only through risk
monitoring not only through risk
monitoring not only through risk
monitoring not only through risk
analysis, information exchange and
analysis, information exchange and
analysis, information exchange and
analysis, information exchange and
Eurosur, but also through presence of
Eurosur, but also through presence of
Eurosur, but also through presence of
Eurosur, but also through presence of
experts from its own staff in Member
experts from its own staff in Member
experts from its own staff in Member
experts from its own staff in Member
States. The Agency should therefore
States. The Agency should therefore
States. The Agency should therefore
States. The Agency should therefore
be able to deploy liaison officers to
be able to deploy liaison officers to
be able to deploy liaison officers to
be able to deploy liaison officers to
specific Member States for a period
specific Member States for a period
specific
all Member States for a
specific
all Member States for a
of time during which the liaison
of time during which the liaison
period of time during which the
period of time during which the
officer reports to the Executive
officer reports to the Executive
liaison officer reports to the
liaison officer reports to the
Director. The report of the liaison
Director. The report of the liaison
Executive Director. The report of the
Executive Director. The report of the
officers should form part of the
officers should form part of the
liaison officers should form part of
liaison officers should form part of
vulnerability assessment.
vulnerability assessment.
the vulnerability assessment.
the vulnerability assessment.
(13) The European Border and
(13) The European Border and
(13) The European Border and
(13) The European Border and
Coast Guard Agency should carry
Coast Guard Agency should carry
Coast Guard Agency should carry
Coast Guard Agency should carry
out a vulnerability assessment to
out a vulnerability assessment to
out a vulnerability assessment
, based
out a vulnerability assessment
, based
assess the capacity of the Member
assess the capacity and readiness of
on objective criteria, to assess the
on objective criteria, to assess the
States to face challenges at their
the Member States to face challenges
capacity of the Member States to
capacity and readiness of the
external borders, including by
at their external borders, including by
face challenges at their external
Member States to face challenges at
assessing the equipment and
assessing the equipment and
borders, including by assessing the
their external borders, including by
resources of Member States as well
resources of Member States as well
equipment
, infrastructure, staff,
assessing the equipment
,
as their contingency plans to address
as their contingency plans to address
budget and
financial resources of
infrastructure, staff, budget and
possible crises at the external
possible crises at the external
Member States as well as their
financial resources of Member
borders. Member States should take
borders. Member States should take
contingency plans to address possible
States as well as their contingency
corrective action to address any
corrective action measures to address
crises at the external borders.
plans to address possible crises at the
deficiencies identified in that
any deficiencies identified in that
Member States should take
external borders. Member States
assessment. The Executive Director,
assessment. The Executive Director,
corrective action to address any
should take corrective action
on the advice of a Supervisory Board
on the advice of a Supervisory Board
deficiencies identified in that
measures to address any deficiencies
created within the European Border
created within the European Border
assessment. The Executive Director,
identified in that assessment. The
and Coast Guard Agency, should
and Coast Guard Agency, should
on the advice of a Supervisory
an
Executive Director, on the advice of
identify the measures to be taken by
identify the measures to be taken and
Advisory Board created within the
a Supervisory Board created within
the Member State concerned and
recommend them to by the Member
European Border and Coast Guard
the European Border and Coast
should set a time-limit within which
State concerned and should set a
Agency, should identify the measures
Guard Agency, should identify the
those measures should be taken. That
time-limit within which those
to be taken by the Member State
measures to be taken and
decision should be binding on that
measures should be taken. That
concerned and should set a time-limit
recommend them to by the Member
16
Member State and where the
decision should be binding on that
within which those measures should
State concerned and should set a
necessary measures are not taken
Member State and Where the
be taken. That decision should be
time-limit within which those
within the set time-limit, the matter
necessary measures are not taken
binding on that Member State and
measures should be taken. That
needs to be referred to the
within the set time-limit, the matter
where the necessary measures are not
decision should be binding on that
Management Board for a further
needs to be referred to the
taken within the set time-limit, the
Member State and Where the
decision.
Management Board for a further
matter needs to be referred to the
necessary measures are not taken
decision.
Management Board for a further
within the set time-limit, the matter
decision
and to the Commission.
needs to be referred to the
Management Board for a further
decision.
(13a) The vulnerability assessment
deleted
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.
_____________
(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.
17
(14) The European Border and
(14) The European Border and
(14) The European Border and
(14) The European Border and
Coast Guard Agency should organise
Coast Guard Agency should organise
Coast Guard Agency should organise
Coast Guard Agency should organise
the appropriate technical and
the appropriate technical and
the appropriate technical and
the appropriate technical and
operational assistance to Member
operational assistance to Member
operational assistance to Member
operational assistance to Member
States so as to reinforce their
States so as to reinforce their
States so as to reinforce their
States so as to reinforce their
capacity to implement their
capacity to implement their
capacity to implement their
capacity to implement their
obligations with regard to the control
obligations with regard to the control
obligations with regard to the control
obligations with regard to the control
of the external borders, and to face
of the external borders, and to face
of the external borders, and to face
of the external borders, and to face
challenges at the external border
challenges at the external border
challenges at the external border
challenges at the external border
resulting from irregular immigration
resulting from irregular immigration
resulting from irregular immigration
resulting from
illegal immigration
or cross-border crime. In this respect,
or cross-border crime without
migration or cross-border crime. In
or cross-border crime without
the European Border and Coast
prejudice to the national responsible
this respect, the European Border and
prejudice to the national responsible
Guard Agency should, at the request
authorities competence to initiate
Coast Guard Agency should, at the
authorities’ competence to initiate
of a Member State or on its own
criminal investigations. In this
request of a Member State or on its
criminal investigations. In this
initiative, organise and coordinate
respect, the European Border and
own initiative, organise and
respect, the European Border and
joint operations for one or more
Coast Guard Agency should, at the
coordinate joint operations for one or
Coast Guard Agency should, at the
Member States and deploy European
request of a Member State or on its
more Member States and deploy
request of a Member State or on its
Border and Coast Guard Teams as
own initiative, organise and
European Border and Coast Guard
own initiative, organise and
well as the necessary technical
coordinate joint operations for one or
Teams as well as the necessary
coordinate joint operations for one or
equipment, and it may deploy experts
more Member States and deploy
technical equipment, and it may
more Member States and deploy
from its own staff.
European Border and Coast Guard
deploy experts from its own staff.
European Border and Coast Guard
Teams as well as the necessary
Teams as well as the necessary
technical equipment, and it may
technical equipment, and it may
deploy experts from its own staff.
deploy experts from its own staff.
(15) In cases where there is a
(15) In cases where there is a
(15) In cases where there is a
(15) In cases where there is a
specific and disproportionate
specific and disproportionate
specific and disproportionate
specific and disproportionate
pressure at the external borders, the
pressure at the external borders, the
pressure at the external borders, the
pressure at the external borders, the
European Border and Coast Guard
European Border and Coast Guard
European Border and Coast Guard
European Border and Coast Guard
Agency should, at the request of a
Agency should, at the request of a
Agency should, at the request of a
Agency should, at the request of a
Member State or on its own
Member State or on its own
Member State or on its own
Member State or on its own
initiative, organise and coordinate
initiative, organise and coordinate
initiative, organise and coordinate
initiative, organise and coordinate
rapid border interventions and deploy
rapid border interventions and deploy
rapid border interventions and deploy
rapid border interventions and deploy
European Border and Coast Guard
European Border and Coast Guard
European Border and Coast Guard
European Border
and Coast Guard
Teams from a rapid reserve pool as
Teams from a rapid reserve pool as
Teams from a rapid reserve
reaction
Teams from a rapid reserve
reaction
18
well as technical equipment. Rapid
well as technical equipment. Rapid
pool as well as technical equipment.
pool as well as technical equipment.
border interventions should provide
border interventions should provide
Rapid border interventions should
Rapid border interventions should
reinforcement in situations where
reinforcement for a limited period of
provide reinforcement in situations
provide reinforcement for a limited
immediate response is required and
time in situations where immediate
where immediate response is
period of time in situations where
where such an intervention would
response is required and where such
required and where such an
immediate response is required and
provide an effective response. To
an intervention would provide an
intervention would provide an
where such an intervention would
ensure the effective operation of such
effective response. To ensure the
effective response. To ensure the
provide an effective response. To
intervention, Member States should
effective operation of such
effective operation of such
ensure the effective operation of such
make border guards and other
intervention, Member States should
intervention, Member States should
intervention, Member States should
relevant staff available to the rapid
make border guards and other
make border guards and other
make border guards and other
reserve pool.
relevant staff available to the rapid
relevant staff available to the rapid
relevant staff available to the rapid
reserve pool.
reserve
reaction pool
and provide
reserve
reaction pool
and provide
the necessary technical equipment.
the necessary technical equipment.
The Agency and the Member State
The Agency and the Member State
concerned should agree upon an
concerned should agree upon an
operational plan.
operational plan.
19
(16) At particular areas of the
(16) Where a Member State faces
(16) At particular areas of the
(16) Where a Member State faces
external borders where Member
disproportionate migratory pressures
external borders where
Where
disproportionate migratory
States face disproportionate
at particular areas of its external
Member States face disproportionate
challenges at particular areas of its
migratory pressures characterised by
border characterised by large
migratory pressures
challenges
external border characterised by
large influxes of mixed migratory
influxes of mixed migratory flows At
characterised by large influxes of
large influxes of mixed migratory
flows, referred to as hotspot areas,
particular areas of the external
mixed migratory flows, referred to as
flows At particular areas of the
the Member States should be able to
borders where Member States face
hotspot areas, the Member States
external borders where Member
rely on the increased operational and
disproportionate migratory pressures
should be able to rely on the
States face disproportionate
technical reinforcement by the
characterised by large influxes of
increased operational and technical
migratory pressures characterised by
migration management support teams
mixed migratory flows, referred to as
reinforcement
in hotspot areas by
large influxes of mixed migratory
composed of teams of experts
hotspot areas, the Member States
the migration management support
flows, referred to as hotspot areas,
deployed from Member States by the
should be able to rely on the
teams composed of teams of experts
the Member States should be able to
European Border and Coast Guard
increased operational and technical
deployed from Member States by the
rely on the increased operational and
Agency and the European Asylum
reinforcement in hotspot areas by the
European Border and Coast Guard
technical reinforcement in hotspot
Support Office, and from Europol or
migration management support teams
Agency and the European Asylum
areas by the migration management
other relevant Union Agencies, as
composed of teams of experts
Support Office, and from Europol or
support teams composed of teams of
well as experts from the staff of the
deployed from Member States by the
other relevant Union Agencies, as
experts deployed from Member
European Border and Coast Guard
European Border and Coast Guard
well as experts from the staff of the
States by the European Border and
Agency. The European Border and
Agency and the European Asylum
European Border and Coast Guard
Coast Guard Agency and the
Coast Guard Agency should assist
Support Office, and from Europol or
Agency. The European Border and
European Asylum Support Office,
the Commission in the coordination
other relevant Union Agencies, as
Coast Guard Agency should assist
and from Europol or other relevant
among the different agencies on the
well as experts from the staff of the
the Commission in the coordination
Union Agencies, as well as experts
ground.
European Border and Coast Guard
among the different agencies on the
from the staff of the European
Agency. The European Border and
ground.
Border and Coast Guard Agency.
Coast Guard Agency should assist
The European Border and Coast
the Commission in the coordination
Guard Agency should assist the
among the different agencies on the
Commission in the coordination
ground.
among the different agencies on the
ground.
20
(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.
21
(16a) In hotspot areas the different
(16b) In hotspot areas the different
agencies and Member States should
agencies and Member States should
operate within their respective
operate within their respective
mandates and powers. While the
mandates and powers. The
Agency should facilitate the
Commission, in cooperation with
application of Union measures
the other relevant agencies, should
relating to the management of
ensure the compliance of activities
external borders and return, the
in the hotspot areas with the
European Asylum Support Office
relevant Union Acquis, including
should help to improve the
the Common European Asylum
implementation of the Common
System and fundamental rights.
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.
(17) In cases where a Member State
(17) In cases where a Member State
(17) In cases where a Member State
(17) In cases where a Member State
does not take the necessary
does not take the necessary
does not take the necessary
does not take the necessary
corrective action in line with the
corrective action measures in line
corrective action in line with the
corrective action measures in line
vulnerability assessment or in the
with the vulnerability assessment or
vulnerability assessment or in the
with the vulnerability assessment or
event of disproportionate migratory
in the event of disproportionate
event of disproportionate migratory
in the event of disproportionate
pressure at the external borders,
migratory pressure at the external
pressure at the external borders,
migratory pressure at the external
rendering the control at the external
borders where a member state has
rendering the control at the external
borders where a member state has
border ineffective to an extent which
not requested the Agency for
border ineffective to an extent which
not requested the Agency for
risks putting in jeopardy the
sufficient support or is not taking the
risks putting in jeopardy the
sufficient support or is not taking the
22
functioning of the Schengen area, a
necessary actions for the
functioning of the Schengen area
as
necessary actions for the
unified, rapid and effective response
implementation of these measures,
an area without internal border
implementation of these measures,
should be delivered at Union level.
rendering the control at the external
control, a unified, rapid and effective
rendering the control at the external
For this purpose, and to ensure better
border ineffective to an extent which
response should be delivered at
border ineffective to an extent which
coordination at Union level, the
risks putting in jeopardy the
Union level. For this purpose, and to
risks putting in jeopardy the
Commission should identify the
functioning of the Schengen area, a
ensure better coordination at Union
functioning of the Schengen area, a
measures to be implemented by the
unified, rapid and effective response
level, the Commission should
unified, rapid and effective response
European Border and Coast Guard
should be delivered at Union level.
identify the measures to be
should be delivered at Union level.
Agency and require the Member
For the is purpose of mitigating these
implemented by the European Border
For the is purpose of mitigating these
State concerned to cooperate with the
risks, and to ensure better
and Coast Guard Agency and require
risks, and to ensure better
Agency in the implementation of
coordination at Union level, the
the
. For the adoption of such
coordination at Union level, the
those measures. The European
Commission should identify and
measures, taking into account
Commission should identify and
Border and Coast Guard Agency
propose to the Council the measures
sovereignty-related aspects and the
propose to the Council the measures
should then determine the actions to
to be implemented by the European
political sensitivity thereof, which
to be implemented by the European
be taken for the practical execution
Border and Coast Guard Agency and
touch on national executive and
Border and Coast Guard Agency and
of the measures indicated in the
require the Member State concerned
enforcement powers, implementing
require the Member State concerned
Commission decision, and an
to cooperate with the Agency in the
powers should be conferred on the
to cooperate with the Agency in the
operational plan should be drawn up
implementation of those measures.
Council, which should act on a
implementation of those measures.
with the Member State concerned.
The implementing power to adopt
proposal from the Commission. The
The implementing power to adopt
such a decision should be conferred
Member State concerned to
should
such a decision should be conferred
on the Council because of the
cooperate with the Agency in the
on the Council because of the
potential politically-sensitive nature
implementation of those measures.
potential politically-sensitive nature
of the measures to be decided, often
The European Border and Coast
of the measures to be decided, often
touching on national executive and
Guard Agency should then determine
touching on national executive and
enforcement powers. The European
the actions to be taken for the
enforcement powers. The European
Border and Coast Guard Agency
practical execution of the measures
Border
and Coast Guard Agency
should then determine the actions to
indicated in the Commission
Council
should then determine the actions to
be taken for the practical execution
decision, and an operational plan
be taken for the practical execution
of the measures indicated in the
should be drawn up
agreed with the
of the measures indicated in the
Commission Council decision, and
Member State concerned.
Commission Council decision, and
an operational plan should be drawn
an operational plan should be drawn
up with the Member State concerned.
up with the Member State concerned.
In case where a Member State does
not comply within 30 days with
23
this Council decision and does not
cooperate with the Agency in the
implementation of the measures
contained in this decision, the
Commission may trigger the
application of the specific
procedure where exceptional
circumstances put the overall
functioning of the area without
internal border control at risk
provided for in Article 29 of
Regulation (EU) n. 399/2016.
Therefore, Regulation (EU) n.
399/2016 should be amended
accordingly.
(18) The European Border and
(18) The European Border and
(18) The European Border and
18)
The European Border and
Coast Guard Agency should have the
Coast Guard Agency should have the
Coast Guard Agency should have the
Coast Guard Agency should have the
necessary equipment and staff at its
necessary equipment and staff at its
necessary equipment and staff at its
necessary equipment and staff at its
disposal to be deployed in joint
disposal to be deployed in joint
disposal to be deployed in joint
disposal to be deployed in joint
operations or rapid border
operations or rapid border
operations or rapid border
operations or rapid border
interventions. To this end, when
interventions. To this end, when
interventions. To this end, when
interventions. To this end, when
launching rapid border interventions
launching rapid border interventions
launching rapid border interventions
launching rapid border interventions
at the request of a Member State or
at the request of a Member State or
at the request of a Member State or
at the request of a Member State or
in the context of a situation requiring
in the context of a situation requiring
in the context of a situation requiring
in the context of a situation requiring
urgent action, the European Border
urgent action, the European Border
urgent action, the European Border
urgent action, the European Border
and Coast Guard Agency should be
and Coast Guard Agency should be
and Coast Guard Agency should be
and Coast Guard Agency should be
able to deploy European Border and
able to deploy European Border and
able to deploy European Border and
able to deploy European Border and
Coast Guard Teams from a rapid
Coast Guard Teams from a rapid
Coast Guard Teams from a rapid
Coast Guard Teams from a rapid
reserve pool which should be a
reserve pool which should be a
reserve
reaction pool which should
reserve
reaction pool which should
standing corps composed of a small
standing corps composed of a small
be a standing corps composed of a
be a standing corps composed of a
percentage of the total number of
percentage of the total number of
small percentage of the total number
small percentage of the total number
border guards in the Member States,
border guards and other relevant staff
of border guards in the Member
of border guards and other relevant
which should amount to a minimum
in the Member States, which should
States, which should amount to a
staff in the Member States, which
of 1 500. The deployment of the
amount to a minimum of 1 500. The
minimum of 1 500. The deployment
should amount to a minimum of
24
European Border and Coast Guard
deployment of the European Border
of the European Border and Coast
1 500. The deployment of the
Teams from the rapid reserve pool
and Coast Guard Teams from the
Guard Teams from the rapid reserve
European Border and Coast Guard
should be immediately
rapid reserve pool should be
reaction pool should be immediately
Teams from the rapid reserve
complemented by additional
immediately complemented by
complemented by additional
reaction pool should be immediately
European Border and Coast Guard
additional European Border and
European Border and Coast Guard
complemented by additional
Teams as appropriate.
Coast Guard Teams as appropriate.
Teams as appropriate
where
European Border and Coast Guard
necessary.
Teams as appropriate
where
necessary.
25
(18a) Annex 1 sets out the
(18a) Annex 1 sets out the
contributions of Member States to
contributions of Member States to
this Rapid Reserve Pool on the basis
this
rapid Reserve reaction pool on
of pledges in light of the current
the basis of pledges in light of the
circumstances. If those
current circumstances. If those
circumstances change substantially
circumstances change substantially
and structurally, including when a
and structurally, including when a
decision on the lifting of controls on
decision on the lifting of controls on
their internal borders pursuant to the
their internal borders pursuant to the
relevant provisions of the relevant
relevant provisions of the relevant
Acts of Accession has been taken,
Acts of Accession has been taken,
the Commission should propose the
the Commission should propose the
appropriate amendments to this
appropriate amendments to this
Annex.
Annex.
(19) Having regard to the rapidity
(19) Having regard to the rapidity
(19) Having regard to the rapidity
(19) Having regard to the rapidity
with which deployment of equipment
with which deployment of equipment
with which deployment of equipment
with which deployment of equipment
and staff would need to take place in
and staff would need to take place in
and staff would need to take place in
and staff would need to take place in
particular at areas of the external
particular at areas of the external
particular at areas of the external
particular at areas of the external
borders facing sudden large influxes
borders facing sudden large influxes
borders facing sudden large influxes
borders facing sudden large influxes
of migratory flow, the European
of migratory flow, the European
of migratory flow, the European
of migratory flow, the European
Border and Coast Guard Agency
Border and Coast Guard Agency
Border and Coast Guard Agency
Border and Coast Guard Agency
should also be able to deploy its own
should also be able to deploy its own
should also be able to deploy its own
should also be able to deploy its own
technical equipment which it should
technical equipment which it should
technical equipment which it should
technical equipment which it should
acquire itself or in co-ownership with
acquire itself or in co-ownership with
acquire itself or in co-ownership with
acquire itself or in co-ownership with
a Member State. That technical
a Member State. That technical
a Member State. That technical
a Member State. That technical
equipment should be made available
equipment should be made available
equipment should be made available
equipment should be made available
to the Agency upon its request. The
to the Agency upon its request. The
to the Agency upon its request. The
to the Agency upon its request. The
European Border and Coast Guard
European Border and Coast Guard
European Border and Coast Guard
European Border and Coast Guard
Agency should also manage a pool of
Agency should also manage a pool of
Agency should also manage a pool of
Agency should also manage a pool of
technical equipment provided by the
technical equipment provided by the
technical equipment provided by the
technical equipment provided by the
Member States, based on the needs
Member States, based on the needs
Member States, based on the needs
Member States, based on the needs
identified by the European Border
identified by the European Border
identified by the European Border
identified by the European Border
and Coast Guard Agency and which
and Coast Guard Agency and which
and Coast Guard Agency and which
and Coast Guard Agency and which
should be completed by the means of
should be completed by the means of
should be completed by the means of
should be completed by the means of
26
transport and operating equipment
transport and operating equipment
transport and operating equipment
transport and operating equipment
purchased by Member States under
purchased by Member States under
purchased by Member States under
purchased by Member States under
the Specific Actions of the Internal
the Specific Actions of the Internal
the Specific Actions of the Internal
the Specific Actions of the Internal
Security Fund.
Security Fund.
Security Fund.
Security Fund.
(20) On 8 October 2015, the
(20) On 8 15 October 2015, the
deleted
(20) On 8 15 October 2015, the
European Council called for
European Council called for
European Council called for
enlarging the mandate of the
enlarging the mandate of the
enlarging the mandate of the
European Agency for the
European Agency for the
European Agency for the
Management of Operational
Management of Operational
Management of Operational
Cooperation at the External Borders
Cooperation at the External Borders
Cooperation at the External Borders
of the Member States of the
of the Member States of the
of the Member States of the
European Union to assist Member
European Union Frontex on return to
European Union Frontex on return to
States in ensuring the effective return
include the right to organize joint
include the right to organize joint
of illegally staying third-country
return operations on its own
return operations on its own
nationals, including by organising
initiative, and enhance its role
initiative, and enhance its role
return operations on its own initiative
regarding the acquisition of travel
regarding the acquisition of travel
and enhancing its role regarding the
documents for returnees; to assist
documents for returnees; to assist
acquisition of travel documents. For
Member States in ensuring the
Member States in ensuring the
this purpose, the European Council
effective return of illegally staying
effective return of illegally staying
called for the establishment of a
third-country nationals, including by
third-country nationals, including by
Return Office within the European
organising return operations on its
organising return operations on its
Border and Coast Guard Agency
own initiative and enhancing its role
own initiative and enhancing its role
which should be tasked with the
regarding the acquisition of travel
regarding the acquisition of travel
coordination of the Agency’s
documents. For this purpose, the
documents. For this purpose, the
activities in the field of return.
European Council called for the
European Council called for the
establishment of a Return Office
establishment of a Return Office
within the European Border and
within the European Border and
Coast Guard Agency which in order
Coast Guard Agency which in order
to scale up support to Member States
to scale up support to Member States
should be tasked with the
should be tasked with the
coordination of the Agency’s
coordination of the Agency’s
activities in the field of return.
(21) The European Border and
(21) The European Border and
(21) The European Border and
(21) The European Border and
Coast Guard Agency should step up
Coast Guard Agency should step up
Coast Guard Agency should step up
Coast Guard Agency should step up
27
its assistance to Member States for
its assistance to Member States for
its assistance to Member States for
its assistance to Member States for
returning illegally staying third-
returning illegally staying third-
returning illegally
irregularly
returning illegally staying third-
country nationals, subject to the
country nationals, subject to the
staying third-country nationals,
country nationals, subject to the
Union return policy and in
Union return policy and in
subject to the Union return policy
Union return policy and in
compliance with Directive
compliance with Directive
and in compliance with Directive
compliance with Directive
2008/115/EC of the European
2008/115/EC of the European
2008/115/EC of the European
2008/115/EC of the European
Parliament and of the Council.
1 In
Parliament and of the Council.
2 In
Parliament and of the Council.15. In
Parliament and of the Council.15. In
particular, it should coordinate and
particular, it should coordinate and
particular, it should coordinate and
particular, it should coordinate and
organise return operations from one
organise return operations from one
organise return operations from one
organise return operations from one
or more Member States and it should
or more Member States and it should
or more Member States and it should
or more Member States and it should
organise and conduct return
organise and conduct return
organise and conduct return
organise and conduct return
interventions to reinforce the return
interventions to reinforce the return
interventions to reinforce the return
interventions to reinforce the return
system of Member States requiring
system of Member States requiring
system of Member States requiring
system of Member States requiring
increased technical and operational
increased technical and operational
increased technical and operational
increased technical and operational
assistance when complying with their
assistance when complying with their
assistance when complying with their
assistance when complying with their
obligation to return illegally staying
obligation to return illegally staying
obligation to return
irregularly
obligation to return illegally staying
third-country nationals in accordance
third-country nationals in accordance
staying third-country nationals in
third-country nationals in accordance
with that Directive.
with that Directive.
accordance with that Directive.
with that Directive.
___________
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
(21a) The Agency should provide
the necessary assistance to Member
the necessary assistance to Member
States in organising joint return
States in organising joint return
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).
28
operations and return interventions
operations and return interventions
of irregular migrants, without
of third country nationals who are
entering into the merits of return
the subject of return decisions
decisions issued by the Member
issued by a Member State without
States, and in full respect for
entering into the merits of return
fundamental rights. In addition, the
decisions issued by the Member
Agency should assist Member States
States, and in full respect for
in the acquisition of travel
fundamental rights. In addition, the
documents for return, in
Agency should assist Member States
cooperation with the authorities of
in the acquisition of travel
the relevant third countries.
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 the purposes of taking return
decisions, the Agency should not be
involved in the provision of
information to Member States on
third countries of return.
(21b) The possible existence of an
(21b) The possible existence of an
arrangement between a Member
arrangement between a Member
State and a third country does not
State and a third country does not
absolve the Agency or the Member
absolve the Agency or the Member
States from their obligations under
States from their obligations under
29
Union or international law, in
Union or international law, in
particular as regards compliance
particular as regards compliance
with the principle of non-
with the principle of non-
refoulement, where they are aware
refoulement.
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.
(22) The European Border and
(22) The European Border and
(22) The European Border and
(22) The European Border and
Coast Guard Agency should establish
Coast Guard Agency should establish
Coast Guard Agency should establish
Coast Guard Agency should establish
pools of forced return monitors,
pools of forced return monitors,
pools of forced return monitors,
pools of forced return monitors,
forced return experts and return
forced return experts escorts and
forced return experts and return
forced return experts and return
specialists made available by
return specialists made available by
specialists made available by
specialists made available by
Member States, who should be
Member States, who should be
Member States, who should be
Member States, who should be
deployed during return operations
deployed during return operations
deployed during return operations
deployed during return operations
and that should form part of tailor-
and that should form part of tailor-
and that should form part of tailor-
and that should form part of tailor-
made European Return Intervention
made European Return Intervention
made European Return Intervention
made European Return Intervention
Teams deployed in return
Teams deployed in return
Teams deployed in return
Teams deployed in return
interventions. The European Border
interventions. The European Border
interventions.
The pools should
interventions.
The pools should
and Coast Guard Agency should
and Coast Guard Agency should
include staff with specific expertise
include staff with specific expertise
provide them with the necessary
provide them with the necessary
in child protection. The European
in child protection. The European
training.
training.
Border and Coast Guard Agency
Border and Coast Guard Agency
should provide them with the
should provide them with the
necessary training.
necessary training.
(22aa)
In accordance with
30
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. The
child's
best interests are to be a primary
consideration in the activities of the
Agency.
(22a) Special provision should be
(22a) Special provision should be
made for staff involved in activities
made for staff involved in activities
relating to returns to specify their
relating to returns to specify their
tasks, powers and responsibilities.
tasks, powers and responsibilities.
Special instructions should also be
Special instructions should also be
issued with regard to the power of
issued with regard to the power of
the pilots in charge of aircraft and the
the pilots in charge of aircraft and
extension of the criminal jurisdiction
the extension of the criminal
of the country of registration of the
jurisdiction of the country of
aircraft under international aviation
registration of the aircraft under
law.
international aviation law, in
particular the Tokyo Convention on
Offences and certain other acts
committed on board aircraft.
(23) The European Border and
(23) The European Border and
(23) The European Border and
(23) The European Border and
Coast Guard Agency should develop
Coast Guard Agency should develop
Coast Guard Agency should develop
Coast Guard Agency should develop
specific training tools and it should
specific training tools and it should
specific training tools
, including
specific training tools
, including
provide training at Union level for
provide training at Union level for
specific training in the protection of
specific training in the protection of
national instructors of border guards
national instructors of border guards
children, and it should provide
children, and it should provide
and additional training and seminars
and additional training and seminars
training at Union level for national
training at Union level for national
related to control at external borders
related to control at external borders
instructors of border guards and
instructors of border guards and
and return of third-country nationals
and return of third-country nationals
additional training and seminars
additional training and seminars
illegally staying on the territory of
illegally staying on the territory of
related to control at external borders
related to control at external borders
Member States for officers of the
Member States for officers of the
and return of third-country nationals
and return of third-country nationals
competent national bodies. The
competent national bodies. This shall
illegally staying on the territory of
illegally staying on the territory of
Agency should be authorised to
include training on relevant Union
Member States
integrated border
Member States
integrated border
31
organise training activities in
and international law, including on
management tasks, including for
management tasks, including for
cooperation with Member States and
fundamental rights. The Agency
officers of the competent national
officers of the competent national
third countries on their territory.
should be authorised to organise
bodies. The Agency should be
bodies. This should include training
training activities in cooperation with
authorised to organise training
on relevant Union and international
Member States and third countries on
activities in cooperation with
law, including on fundamental
their territory.
Member States and third countries on
rights.The Agency should be
their territory.
authorised to organise training
activities in cooperation with
Member States and third countries on
their territory.
(24) The European Border and
(24) The European Border and
(24) The European Border and
(24) The European Border and
Coast Guard Agency should monitor
Coast Guard Agency should monitor
Coast Guard Agency should monitor
Coast Guard Agency should monitor
and contribute to the developments in
and contribute to the developments in
and contribute to the developments in
and contribute to the developments in
research relevant for the control of
research relevant for the control of
research relevant for the control of
research relevant for the control of
the external borders, including the
the external borders, including the
the external borders, including the
the external borders, including the
use of advanced surveillance
use of advanced surveillance
use of advanced surveillance
use of advanced surveillance
technology, and it should disseminate
technology, and it should disseminate
technology,
European integrated
technology,
European integrated
this information to the Member
this information to the Member
border management and it should
border management and it should
States and to the Commission.
States and to the Commission.
disseminate this information to
the
disseminate this information to
the
European Parliament, the Member
European Parliament, the Member
States
, and to the Commission
,
States
, and to the Commission
,
relevant Union agencies, bodies and
relevant Union agencies, bodies and
offices, and the public.
offices, and the public.
(25) Effective implementation of an
(25) Effective implementation of an
(25) Effective implementation of an
(25) Effective implementation of an
integrated management of the
integrated management of the
integrated management of the
integrated management of the
external borders necessitates regular,
external borders necessitates regular,
external borders necessitates regular,
external borders necessitates regular,
swift and reliable exchange of
swift and reliable exchange of
swift and reliable exchange of
swift and reliable exchange of
information among the Member
information among the Member
information among the Member
information among the Member
States regarding the management of
States regarding the management of
States regarding the management of
States. regarding the management of
the external borders, irregular
the external borders, irregular illegal
the external borders, irregular
the external borders, irregular
immigration and return. The
immigration and return. The
immigration
migration and return.
immigration and return. The
European Border and Coast Guard
European Border and Coast Guard
The European Border and Coast
European Border and Coast Guard
Agency should develop and operate
Agency should develop and operate
Guard Agency should develop and
Agency should develop and operate
information systems facilitating such
information systems facilitating such
operate information systems
information systems facilitating such
32
exchange in accordance with Union
exchange in accordance with Union
facilitating such exchange in
exchange in accordance with Union
data protection legislation.
data protection legislation.
accordance with Union data
data protection legislation.
It is
protection legislation.
It is important
important that Member States
that Member States provide the
provide the Agency promptly with
Agency promptly with complete and
complete and accurate information
accurate information necessary for
necessary for the Agency to perform
the Agency to perform its tasks.
its tasks.
(26) For the purpose of fulfilling its
(26) For the purpose of fulfilling its
(26) For the purpose of fulfilling its
(26) For the purpose of fulfilling its
mission and to the extent required for
mission and to the extent required for
mission and to the extent required for
mission and to the extent required for
the accomplishment of its tasks, the
the accomplishment of its tasks, the
the accomplishment of its tasks, the
the accomplishment of its tasks, the
European Border and Coast Guard
European Border and Coast Guard
European Border and Coast Guard
European Border and Coast Guard
Agency may cooperate with Union
Agency may cooperate with Union
Agency may cooperate with Union
Agency may cooperate with Union
institutions, bodies, offices and
institutions, bodies, offices and
institutions, bodies, offices and
institutions, bodies, offices and
agencies as well as with international
agencies as well as with international
agencies as well as with international
agencies as well as with international
organisations in matters covered by
organisations in matters covered by
organisations in matters covered by
organisations in matters covered by
this Regulation in the framework of
this Regulation in the framework of
this Regulation in the framework of
this Regulation in the framework of
working arrangements concluded in
working arrangements concluded in
working arrangements concluded in
working arrangements concluded in
accordance with Union law and
accordance with Union law and
accordance with Union law and
accordance with Union law and
policy. Those working arrangements
policy. Those working arrangements
policy. Those working arrangements
policy. Those working arrangements
should receive the Commission’s
should receive the Commission’s
should receive the Commission’s
should receive the Commission’s
prior approval.
prior approval.
prior approval.
prior approval.
(27) National authorities carrying
(27) National authorities carrying
(27) National authorities carrying
(27) National authorities carrying
out coast guard functions are
out coast guard functions are
out coast guard functions are
out coast guard functions are
responsible for a wide range of tasks,
responsible for a wide range of tasks,
responsible for a wide range of tasks,
responsible for a wide range of tasks,
including but not limited to maritime
including but not limited to which
including but not limited to maritime
including but not limited to which
safety, security, search and rescue,
may include maritime safety,
safety, security, search and rescue,
may include maritime safety,
border control, fisheries control,
security, search and rescue, border
border control, fisheries control,
security, search and rescue, border
customs control, general law
control, fisheries control, customs
customs control, general law
control, fisheries control, customs
enforcement and environmental
control, general law enforcement and
enforcement and environmental
control, general law enforcement and
protection. The European Border and
environmental protection. The
protection. The European Border and
environmental protection. The
Coast Guard Agency, the European
European Border and Coast Guard
Coast Guard Agency, the European
European Border and Coast Guard
Fisheries Control Agency established
Agency, the European Fisheries
Fisheries Control Agency established
Agency, the European Fisheries
by Council Regulation (EC) No
Control Agency established by
by Council Regulation (EC) No
Control Agency established by
Council Regulation (EC) No
768/2005 16 and the European
Council Regulation (EC) No
33
768/2005
1 and the European
768/2005
3 and the European
Maritime Safety Agency established
768/2005
5 and the European
Maritime Safety Agency established
Maritime Safety Agency established
by Regulation (EC) No 1406/2002 of
Maritime Safety Agency established
by Regulation (EC) No 1406/2002 of
by Regulation (EC No 1406/2002 of
the European Parliament and of the
by Regulation (EC No 1406/2002 of
the European Parliament and of the
the European Parliament and of the
Council 17 should therefore
the European Parliament and of the
Council
2 should therefore strengthen
Council
4 should therefore strengthen
strengthen their cooperation both
Council
6 should therefore strengthen
their cooperation both with each
their cooperation both with each
with each other and with the national
their cooperation both with each
other and with the national
other and with the national
authorities carrying out coast guard
other and with the national
authorities carrying out coast guard
authorities carrying out coast guard
functions to increase maritime
authorities carrying out coast guard
functions to increase maritime
functions to increase maritime
situational awareness as well as to
functions to increase maritime
situational awareness as well as to
situational awareness as well as to
support coherent and cost-efficient
situational awareness as well as to
support coherent and cost-efficient
support coherent and cost-efficient
action
. Synergies between the
support coherent and cost-efficient
action.
action.
various actors in the maritime
action.
Synergies between the
environment should be in line with
various actors in the maritime
the Europeans integrated border
environment should be in line with
management and maritime security
the Europeans integrated border
strategy.
management and maritime security
strategy.
__________________
16 Council Regulation (EC) No
768/2005 of 26 April 2005
establishing a Community Fisheries
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).
34
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 implementation of this
(27a) Cooperation on coast guard
(27a) The implementation of this
Regulation does not affect the
functions, in particular by means of
Regulation does not affect the
division of competence between the
enhanced collaboration between
division of competence between the
Union and the Member States under
national authorities, the Agency, the
Union and the Member States under
the Treaty of the EU or the
European Fisheries Control Agency
the Union Treaties or the
obligations of Member States under
and the European Maritime Safety
obligations of Member States under
international conventions such as the
Agency, should not affect the
international conventions such as the
United Nations Convention on the
division of powers between the
United Nations Convention on the
Law of the Sea, the International
agencies as regards the definition of
Law of the Sea, the International
Convention for the Safety of Life at
their missions and should not
Convention for the Safety of Life at
Sea, the International Convention on
impinge on their autonomy or
Sea, the International Convention on
Maritime Search and Rescue, the
independence in respect of their
Maritime Search and Rescue, the
International Convention for the
initial assignments. That
International Convention for the
Prevention of Pollution from Ships,
cooperation is also intended to
Prevention of Pollution from Ships,
the International Convention on
enable the creation of synergies
the International Convention on
Standards of Training, Certification
between them, without changing
Standards of Training, Certification
and Watchkeeping for Seafarers and
their mission statements.
and Watchkeeping for Seafarers and
other relevant maritime international
other relevant maritime international
instruments.
instruments.
(28) The European Border and
(28) The European Border and
(28) The European Border and
(28) The European Border and
Coast Guard Agency should facilitate
Coast Guard Agency should facilitate
Coast Guard Agency should facilitate
Coast Guard Agency should facilitate
and encourage operational
and encourage operational
and encourage
technical and
and encourage
technical and
cooperation between Member States
cooperation between Member States
operational cooperation between
operational cooperation between
and third countries in the framework
and third countries in the framework
Member States and third countries in
Member States and third countries in
35
of the external relations policy of the
of the external relations policy of the
the framework of the external
the framework of the external
Union, including by coordinating
Union, including by coordinating
relations policy of the Union,
relations policy of the Union,
operational cooperation between
operational cooperation between
including by coordinating operational
including by coordinating operational
Member States and third countries in
Member States and third countries in
cooperation between Member States
cooperation between Member States
the field of management of external
the field of management of external
and third countries in the field of
and third countries in the field of
borders and by deploying liaison
borders and by deploying liaison
management of
the external borders
management of
the external borders
officers to third countries, as well as
officers to third countries, as well as
and by deploying liaison officers to
and by deploying liaison officers to
by cooperating with the authorities of
by cooperating with the authorities of
third countries, as well as by
third countries, as well as by
third countries on return, including as
third countries on return, including as
cooperating with the authorities of
cooperating with the authorities of
regards the acquisition of travel
regards the acquisition of travel
third countries on return, including as
third countries on return, including as
documents. In their cooperation with
documents. In their cooperation with
regards the acquisition of travel
regards the acquisition of travel
third countries, the European Border
third countries, the European Border
documents. In their cooperation with
documents. In their cooperation with
and Coast Guard Agency and
and Coast Guard Agency and
third countries, the European Border
third countries, the European Border
Member States should comply with
Member States should comply with
and Coast Guard Agency and
and Coast Guard Agency and
norms and standards at least
norms and standards at least
Member States should comply with
Member States should comply with
equivalent to those set by Union
equivalent to those set by Union
norms and standards at least
norms and standards at least
legislation also when the cooperation
legislation also when the cooperation
equivalent to those set by Union
equivalent to those set by Union
with third countries takes place on
with third countries takes place on
legislation
Union law, including
legislation
Union law, including
the territory of those countries.
the territory of those countries.
with regard to the protection of
with regard to the protection of
fundamental rights and the
fundamental rights and the
principle of non-refoulement at all
principle of non-refoulement at all
times and also when the cooperation
times and also when the cooperation
with third countries takes place on
with third countries takes place on
the territory of those countries.
In
the territory of those countries.
In
order to increase transparency and
order to increase transparency and
accountability, the Agency should
accountability, the Agency should
report on cooperation with third
report on cooperation with third
countries in its annual report.
countries in its annual report.
(28a) The European Border and
(28a) The European Border and
Coast Guard and the Agency should
Coast Guard and the Agency should
fulfil their tasks in full respect for
fulfil their tasks in full respect for
fundamental rights, in particular
fundamental rights, in particular
the Charter of Fundamental Rights
the Charter of Fundamental Rights
of the European Union (the
of the European Union (the
36
Charter), the Convention Relating
Charter), the European Convention
to the Status of Refugees and
for the Protection of Human Rights
obligations related to access to
and Fundamental Freedoms,
international protection, in
relevant international law,
particular the principle of non-
including the United Nations
refoulement, the United Nations
Convention on the Rights of the
Convention on the Law of the Sea,
Child, the Convention on the
the International Convention for the
Elimination of all Forms of
Safety of Life at Sea, and the
Discrimination Against Women, the
International Convention on
Convention Relating to the Status of
Maritime Search and Rescue. In
Refugees and obligations related to
accordance with Union law and
access to international protection, in
those provisions the Agency should
particular the principle of non-
assist Member States in conducting
refoulement, the United Nations
search and rescue operations in
Convention on the Law of the Sea,
order to protect and save lives
the International Convention for the
whenever and wherever so required.
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 (28b) Given the increased number of
its tasks, the Agency should further
its tasks, the Agency should further
develop and implement a strategy to
develop and implement a strategy to
monitor and ensure the protection
monitor and ensure the protection
of fundamental rights. To that end it
of fundamental rights. To that end it
should provide its Fundamental
should provide its Fundamental
Rights Officer with adequate
Rights Officer with adequate
resources and staff corresponding to
resources and staff corresponding to
its mandate and size. The Agency
its mandate and size. The
37
should use its role to actively
Fundamental Rights Officer should
promote the application of the
have access to all information
Union acquis relating to the
necessary to fulfil her or his task.
management of the external
The Agency should use its role to
borders, including with regard to
actively promote the application of
respect for fundamental rights and
the Union acquis relating to the
international protection.
management of the external
borders, including with regard to
respect for fundamental rights and
international protection.
(28c) In accordance with the Charter
deleted
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.
(29) This Regulation respects the
(29) This Regulation respects the
(29) This Regulation respects the
(29) This Regulation respects the
fundamental rights and observes the
fundamental rights and observes the
fundamental rights and observes the
fundamental rights and observes the
principles recognised by Articles 2
principles recognised by Articles 2
principles recognised by Articles 2
principles recognised by Articles 2
and 6 of the Treaty on European
and 6 of the Treaty on European
and 6 of the Treaty on European
and 6 of the Treaty on European
Union and reflected in the Charter of
Union and reflected in the Charter of
Union and reflected in the Charter of
Union and reflected in the Charter of
Fundamental Rights of the European
Fundamental Rights of the European
Fundamental Rights of the European
Fundamental Rights of the European
Union. In particular, this Regulation
Union. In particular, this Regulation
Union. In particular, this Regulation
Union. In particular, this Regulation
seeks to ensure full respect for
seeks to ensure full respect for
seeks to ensure full respect for
seeks to ensure full respect for
human dignity, the right to life, the
human dignity, the right to life, the
human dignity, the right to life, the
human dignity, the right to life, the
right to liberty and security, the right
right to liberty and security, the right
right to liberty and security, the right
right to liberty and security, the right
to the protection of personal data, the
to the protection of personal data, the
to the protection of personal data, the
to the protection of personal data, the
right to access to asylum, the right to
right to access to asylum, the right to
right to access to asylum, the right to
right to access to asylum, the right to
effective remedy, the rights of the
effective remedy, the rights of the
effective remedy, the rights of the
effective remedy, the rights of the
child, the prohibition of torture and
child, the prohibition of torture and
child, the prohibition of torture and
child, the prohibition of torture and
of inhuman or degrading treatment or
of inhuman or degrading treatment or
of inhuman or degrading treatment or
of inhuman or degrading treatment or
punishment, the prohibition of
punishment, the prohibition of
punishment, the prohibition of
punishment, the prohibition of
trafficking in human beings, and to
trafficking in human beings, and to
trafficking in human beings, and to
trafficking in human beings, and to
promote the application of the
promote the application of the
promote the application of the
promote the application of the
38
principles of non-discrimination and
principles of non-discrimination and
principles of non-discrimination and
principles of non-discrimination and
non-refoulement.
non-refoulement.
non-refoulement.
non-refoulement.
(30) This Regulation establishes a
(30) This Regulation establishes a
(30) This Regulation establishes
an
(30) This Regulation establishes a
complaint mechanism for the
complaint mechanism for the
independent complaint mechanism
complaint mechanism for the
European Border and Coast Guard
European Border and Coast Guard
for the European Border and Coast
European Border and Coast Guard
Agency, in cooperation with the
Agency, in cooperation with the
Guard Agency, in cooperation with
Agency, in cooperation with the
Fundamental Rights Officer, to
Fundamental Rights Officer, to
the Fundamental Rights Officer, to
Fundamental Rights Officer, to
monitor and ensure the respect for
monitor and ensure the respect for
monitor and ensure the respect for
monitor and ensure the respect for
fundamental rights in all the
fundamental rights in all the
fundamental rights in all the
fundamental rights in all the
activities of the Agency. This should
activities of the Agency. This should
activities of the Agency. This should
activities of the Agency. This should
be an administrative mechanism
be an administrative mechanism
be an administrative mechanism
be an administrative mechanism
whereby the Fundamental Rights
whereby the Fundamental Rights
whereby the Fundamental Rights
whereby the Fundamental Rights
Officer should be responsible for
Officer should be responsible for
Officer should be responsible for
Officer should be responsible for
handling complaints received by the
handling complaints received by the
handling complaints received by the
handling complaints received by the
Agency in accordance with the right
Agency in accordance with the right
Agency in accordance with the right
Agency in accordance with the right
to good administration. The
to good administration. The
to good administration. The
to good administration. The
Fundamental Rights Officer should
Fundamental Rights Officer should
Fundamental Rights Officer should
Fundamental Rights Officer should
review the admissibility of a
review the admissibility of a
review the admissibility of a
review the admissibility of a
complaint, register admissible
complaint, register admissible
complaint, register admissible
complaint, register admissible
complaints, forward all registered
complaints, forward all registered
complaints, forward all registered
complaints, forward all registered
complaints to the Executive Director,
complaints to the Executive Director,
complaints to the Executive Director,
complaints to the Executive Director,
forward complaints concerning
forward complaints concerning
forward complaints concerning
forward complaints concerning
border guards to the home Member
members of the teams border guards
border guards to the home Member
members of the teams border guards
State and register the follow-up by
to the home Member State and
State and register the follow-up by
to the home Member State and
the Agency or that Member State.
register the follow-up by the Agency
the Agency or that Member State.
register the follow-up by the Agency
Criminal investigations should be
or that Member State. The complaint
Criminal investigations should be
or that Member State.
The
conducted by the Member States.
mechanism is without prejudice to
conducted by the Member States.
mechanism should be effective,
access to administrative and judicial
The mechanism should be effective,
ensuring that complaints are
remedies and does not constitute a
ensuring that complaints are
properly followed up. The complaint
requirement for seeking such
properly followed up and lead to
mechanism is without prejudice to
remedies. Criminal investigations
penalties in cases of fundamental
access to administrative and judicial
should be conducted by the Member
rights violations. In order to
remedies and does not constitute a
States.
increase transparency and
requirement for seeking such
accountability, the Agency should
remedies. Criminal investigations
39
report on the complaints mechanism
should be conducted by the Member
in its annual report.
States.
In order to increase
transparency and accountability, the
Agency should report on the
complaints mechanism in its annual
report, including the number of
complaints received, the types of
fundamental rights violation, the
operation concerned and, where
possible, the follow-up measures
taken by the Agency and Member
States.
(31) In order to ensure the uniform
(31) In order to ensure the uniform
(31) In order to ensure the uniform
(31) In order to ensure the uniform
conditions for the implementation of
conditions for the implementation of
conditions for the implementation of
conditions for the implementation of
this Regulation, in particular as
this Regulation, in particular as
this Regulation, in particular as
this Regulation, in particular as
regards situations requiring urgent
regards situations requiring urgent
regards situations requiring urgent
regards situations requiring urgent
action at the external borders,
action at the external borders,
action at the external borders,
action at the external borders,
implementing powers should be
implementing powers should be
implementing powers should be
implementing powers should be
conferred on the Commission. Those
conferred on the Commission. Those
conferred on the Commission. Those
conferred on the Commission. Those
powers should be exercised in
powers should be exercised in
powers should be exercised in
powers should be exercised in
accordance with Regulation (EU)
accordance with Regulation (EU)
accordance with Regulation (EU)
accordance with Regulation (EU)
No 182/2011 of the European
No 182/2011 of the European
No 182/2011 of the European
No 182/2011 of the European
Parliament and of the Council.
1
Parliament and of the Council.
2
Parliament and of the Council.
3
Parliament and of the Council.
(32) The European Border and
(32) The European Border and
(32) The European Border and
(32) The European Border and
Coast Guard Agency should be
Coast Guard Agency should be
Coast Guard Agency should be
Coast Guard Agency should be
independent as regards operational
independent as regards operational
independent as regards operational
independent as regards operational
and technical matters and have legal,
and technical matters and have legal,
and technical matters and have legal,
and technical matters and have legal,
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).
40
administrative and financial
administrative and financial
administrative and financial
administrative and financial
autonomy. To that end, it is
autonomy. To that end, it is
autonomy. To that end, it is
autonomy. To that end, it is
necessary and appropriate that it
necessary and appropriate that it
necessary and appropriate that it
necessary and appropriate that it
should be a Union body having legal
should be a Union body having legal
should be a Union body having legal
should be a Union body having legal
personality and exercising the
personality and exercising the
personality and exercising the
personality and exercising the
implementing powers, which are
implementing powers, which are
implementing powers, which are
implementing powers, which are
conferred upon it by this Regulation.
conferred upon it by this Regulation.
conferred upon it by this Regulation.
conferred upon it by this Regulation.
(33) The Commission and the
(33) The Commission and the
(33) The Commission and the
(33) The Commission and the
Member States should be represented
Member States should be represented
Member States should be represented
Member States should be represented
within a Management Board to
within a Management Board to
within a Management Board to
within a Management Board to
exercise policy and political
exercise policy and political
should exercise policy and political
exercise policy and political
oversight over the European Border
oversight over the European Border
oversight over the European Border
oversight over the European Border
and Coast Guard Agency. The Board
and Coast Guard Agency. The Board
and Coast Guard Agency. The Board
and Coast Guard Agency. The Board
should, where possible, consist of the
should, where possible, consist of the
should, where possible, consist of the
should, where possible, consist of the
operational heads of the national
operational heads of the national
operational heads of the national
operational heads of the national
services responsible for border guard
services responsible for border guard
services responsible for border guard
services responsible for border guard
management or their representatives.
management or their representatives.
management or their representatives.
management or their representatives.
This Board should be entrusted with
The parties represented in the
This Board should be entrusted with
The parties represented in the
the necessary powers to establish the
Management Board shall make
the necessary powers to establish the
Management Board should make
budget, verify its execution, adopt
efforts to limit turnover of their
budget, verify its execution, adopt
efforts to limit turnover of their
the appropriate financial rules,
representatives, in order to ensure
the appropriate financial rules,
representatives, in order to ensure
establish transparent working
continuity of the board’s work. This
establish transparent working
continuity of the board’s work. This
procedures for decision making by
Board should be entrusted with the
procedures for decision making by
Board should be entrusted with the
the European Border and Coast
necessary powers to establish the
the European Border and Coast
necessary powers to establish the
Guard Agency and appoint the
budget, verify its execution, adopt
Guard Agency and appoint the
budget, verify its execution, adopt
Executive Director and the Deputy
the appropriate financial rules,
Executive Director and the Deputy
the appropriate financial rules,
Executive Director. The Agency
establish transparent working
Executive Director. The Agency
establish transparent working
should be governed and operated in
procedures for decision making by
should be governed and operated
in
procedures for decision making by
line with the principles of the
the European Border and Coast
line with taking into account the
the European Border and Coast
common approach on Union
Guard Agency and appoint the
principles of the common approach
Guard Agency and appoint the
decentralised agencies adopted on 19
Executive Director and the Deputy
on Union decentralised agencies
Executive Director and the Deputy
July 2012 by the European
Executive Director. The Agency
adopted on 19 July 2012 by the
Executive Director. The Agency
Parliament, the Council and the
should be governed and operated in
European Parliament, the Council
should be governed and operated
European Commission.
line with the principles of the
and the European Commission.
This
taking into account in line with the
41
common approach on Union
should include conclusion of a
principles of the common approach
decentralised agencies adopted on 19
headquarters agreement between
on Union decentralised agencies
July 2012 by the European
the Agency and the Member State in
adopted on 19 July 2012 by the
Parliament, the Council and the
which it has its seat.
European Parliament, the Council
European Commission.
and the European Commission.
(34) In order to guarantee the
(34) In order to guarantee the
(34) In order to guarantee the
(34) In order to guarantee the
autonomy of the European Border
autonomy of the European Border
autonomy of the European Border
autonomy of the European Border
and Coast Guard Agency, it should
and Coast Guard Agency, it should
and Coast Guard Agency, it should
and Coast Guard Agency, it should
be granted an autonomous budget
be granted an autonomous budget
be granted an autonomous budget
be granted an autonomous budget
whose revenue comes essentially
whose revenue comes essentially
whose revenue comes essentially
whose revenue comes essentially
from a contribution from the Union.
from a contribution from the Union.
from a contribution from the Union.
from a contribution from the Union.
The Union budgetary procedure
The Union budgetary procedure
The Union budgetary procedure
The Union budgetary procedure
should be applicable as far as the
should be applicable as far as the
should be applicable as far as the
should be applicable as far as the
Union contribution and any other
Union contribution and any other
Union contribution and any other
Union contribution and any other
subsidies chargeable to the general
subsidies chargeable to the general
subsidies chargeable to the general
subsidies chargeable to the general
budget of the European Union are
budget of the European Union are
budget of the European Union are
budget of the European Union are
concerned. The auditing of accounts
concerned. The auditing of accounts
concerned. The auditing of accounts
concerned. The auditing of accounts
should be undertaken by the Court of
should be undertaken by the Court of
should be undertaken by the Court of
should be undertaken by the Court of
Auditors.
Auditors.
Auditors.
The budget adopted by the
Auditors.
Management Board should be
balanced in terms of addressing
different aspects of the Agency's
activities, including ensuring
respect for fundamental rights.
42
(35) Regulation (EU, Euratom) No
(35) Regulation (EU, Euratom) No
(35) Regulation (EU, Euratom) No
(35) Regulation (EU, Euratom) No
883/2013 of the European Parliament
883/2013 of the European Parliament
883/2013 of the European Parliament
883/2013 of the European Parliament
and of the Council
1 should apply
and of the Council
3 should apply
and of the Council
5 should apply
and of the Council
7 should apply
without restriction to the European
without restriction to the European
without restriction to the European
without restriction to the European
Border and Coast Guard Agency,
Border and Coast Guard Agency,
Border and Coast Guard Agency,
Border and Coast Guard Agency,
which should accede to the Inter-
which should accede to the Inter-
which should accede to the Inter-
which should accede to the Inter-
institutional Agreement of 25 May
institutional Agreement of 25 May
institutional Agreement of 25 May
institutional Agreement of 25 May
1999 between the European
1999 between the European
1999 between the European
1999 between the European
Parliament, the Council of the
Parliament, the Council of the
Parliament, the Council of the
Parliament, the Council of the
European Union and the Commission
European Union and the Commission
European Union and the Commission
European Union and the Commission
of the European Communities
of the European Communities
of the European Communities
of the European Communities
concerning internal investigations by
concerning internal investigations by
concerning internal investigations by
concerning internal investigations by
the European Anti-Fraud Office
the European Anti-Fraud Office
the European Anti-Fraud Office
the European Anti-Fraud Office
(OLAF).
2
(OLAF).
4
(OLAF).
6
(OLAF).
8
(36) Regulation (EC) No 1049/2001
(36) Regulation (EC) No 1049/2001
(36) Regulation (EC) No 1049/2001
(36) Regulation (EC) No 1049/2001
of the European Parliament and of
of the European Parliament and of
of the European Parliament and of
of the European Parliament and of
the Council of 30 May 2001
the Council of 30 May 2001
the Council of 30 May 2001
the Council of 30 May 2001
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.
43
regarding public access to European
regarding public access to European
regarding public access to European
regarding public access to European
Parliament, Council and Commission
Parliament, Council and Commission
Parliament, Council and Commission
Parliament, Council and Commission
documents
1 should apply to the
documents
2 should apply to the
documents 21 should apply to the
documents 21 should apply to the
European Border and Coast Guard
European Border and Coast Guard
European Border and Coast Guard
European Border and Coast Guard
Agency.
Agency.
Agency.
The Agency should be as
Agency.
The Agency should be as
transparent as possible about its
transparent as possible about its
activities, without jeopardising the
activities, without jeopardising the
attainment of the objective of its
attainment of the objective of its
operations. It should make public
operations. It should make public
all relevant information on all of its
information on all of its activities,
activities, and should ensure that
and should ensure that the public
the public and any interested party
and any interested party are rapidly
are rapidly given information with
given information with regard to its
regard to its work.
work.
__________________
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
(37) Any processing of personal
(37) Any processing of personal
(37) Any processing of personal
data by the European Border and
data by the European Border and
data by the European Border and
data by the European Border and
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).
44
Coast Guard Agency within the
Coast Guard Agency within the
Coast Guard Agency within the
Coast Guard Agency within the
framework of this Regulation should
framework of this Regulation should
framework of this Regulation should
framework of this Regulation should
be conducted in accordance
be conducted in accordance
be conducted in accordance
be conducted in accordance with
Regulation (EC) No 45/2001 of the
Regulation (EC) No 45/2001 of the
Regulation (EC) No 45/2001 of the
Regulation (EC) No 45/2001 of the
European Parliament and of the
European Parliament and of the
European Parliament and of the
European Parliament and of the
Council.
1
Council.
2
Council.
3
Council.
4
(38) Any processing of personal
(38) Any processing of personal
(38) Any processing of personal
(38) Any processing of personal
data by Member States within the
data by Member States within the
data by Member States within the
data by Member States within the
framework of this Regulation should
framework of this Regulation should
framework of this Regulation should
framework of this Regulation should
be conducted in accordance with
be conducted in accordance with
be conducted in accordance with
be conducted in accordance with
Directive 95/46/EC of the European
Directive 95/46/EC of the European
Directive 95/46/EC of the European
Directive 95/46/EC of the European
Parliament and of the Council,
5
Parliament and of the Council
7. In
Parliament and of the Council,
9
Parliament and of the Council
11. In
Council Framework Decision
cases where the processing of data is
Council Framework Decision
cases where the processing of data is
2008/977/JHA
6 and the respect of
necessary primarily for the purpose
necessary primarily for the purpose
of ensuring a high level of internal
of ensuring a high level of internal
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).
9
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).
11
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
the principles of necessity and
security within the Union, especially
2008/977/JHA
3 and the respect of
security within the Union, especially
proportionality.
in the context of actions mentioned
the principles of necessity and
in the context of actions mentioned
in Articles 10, 46 and 51, Council
proportionality.
in Articles 10, 46 and 51, Council
Framework Decision
Framework Decision
2008/977/JHA
1 applies. Any
2008/977/JHA
5 applies. Any
processing of data should respect of
processing of data should respect of
the principles of necessity and
the principles of necessity and
proportionality.
proportionality.
(39) Since the objectives of this
(39) Since the objectives of this
(39) Since the objectives of this
(39) Since the objectives of this
Regulation, namely the development
Regulation, namely the development
Regulation, namely the development
Regulation, namely the development
and implementation of a system of
and implementation of a system of
and implementation of a system of
and implementation of a system of
integrated management of the
integrated management of the
integrated management of the
integrated management of the
external borders, thus also ensuring
external borders, thus also ensuring
external borders, thus also ensuring
external borders, thus also ensuring
the proper functioning of the
the proper functioning of the
the proper functioning of the
the proper functioning of the
Schengen area, cannot be sufficiently
Schengen area, cannot be sufficiently
Schengen area, cannot be sufficiently
Schengen area, cannot be sufficiently
achieved by the Member States
achieved by the Member States
achieved by the Member States
achieved by the Member States
acting in an uncoordinated manner
acting in an uncoordinated manner
acting in an uncoordinated manner
acting in an uncoordinated manner
but can rather, because of the
but can rather, because of the
but can rather, because of the
but can rather, because of the
absence of controls at internal
absence of controls at internal
absence of controls at internal
absence of controls at internal
borders and in view of the significant
borders and in view of the significant
borders and in view of the significant
borders and in view of the significant
migratory pressures at the external
migratory pressures at the external
migratory pressures
challenges at the
migratory pressures
challenges at the
borders and the need to safeguard a
borders and the need to safeguard a
external borders and the need
to
external borders and the need
to
high level of internal security within
high level of internal security within
safeguard
to monitor efficiently the
safeguard
to monitor efficiently the
the Union, be better achieved at
the Union, be better achieved at
crossing of those borders, thereby
crossing of those borders, thereby
Union level, the Union may adopt
Union level, the Union may adopt
contributing to a high level of
contributing to a high level of
measures, in accordance with the
measures, in accordance with the
internal security within the Union, be
internal security within the Union, be
principle of subsidiarity as set out in
principle of subsidiarity as set out in
better achieved at Union level, the
better achieved at Union level, the
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).
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).
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).
46
Article 5 of the Treaty on European
Article 5 of the Treaty on European
Union may adopt measures, in
Union may adopt measures, in
Union. In accordance with the
Union. In accordance with the
accordance with the principle of
accordance with the principle of
principle of proportionality, as set
principle of proportionality, as set
subsidiarity as set out in Article 5 of
subsidiarity as set out in Article 5 of
out in that Article, this Regulation
out in that Article, this Regulation
the Treaty on European Union. In
the Treaty on European Union. In
does not go beyond what is necessary
does not go beyond what is necessary
accordance with the principle of
accordance with the principle of
in order to achieve those objectives.
in order to achieve those objectives.
proportionality, as set out in that
proportionality, as set out in that
Article, this Regulation does not go
Article, this Regulation does not go
beyond what is necessary in order to
beyond what is necessary in order to
achieve those objectives.
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
(40) As regards Iceland and
(40) As regards Iceland and
(40) As regards Iceland and
Norway, this Regulation constitutes a
Norway, this Regulation constitutes a
Norway, this Regulation constitutes a
Norway, this Regulation constitutes a
development of the Schengen
acquis
development of the Schengen
acquis
development of the Schengen
acquis
development of the Schengen
acquis
within the meaning of the Agreement
within the meaning of the Agreement
within the meaning of the Agreement
within the meaning of the Agreement
concluded by the Council of the
concluded by the Council of the
concluded by the Council of the
concluded by the Council of the
European Union and the Republic of
European Union and the Republic of
European Union and the Republic of
European Union and the Republic of
Iceland and the Kingdom of Norway
Iceland and the Kingdom of Norway
Iceland and the Kingdom of Norway
Iceland and the Kingdom of Norway
concerning the latters’ association
concerning the latters’ association
concerning the latters’ association
concerning the latters’ association
with the implementation, application
with the implementation, application
with the implementation, application
with the implementation, application
and development of the Schengen
and development of the Schengen
and development of the Schengen
and development of the Schengen
acquis,
1 which fall within the area
acquis,
4 which fall within the area
acquis,
7 which fall within the area
1
OJ L 176, 10.7.1999, p. 36.
4
OJ L 176, 10.7.1999, p. 36.
7
OJ L 176, 10.7.1999, p. 36.
47
referred to in point A of Article 1 of
referred to in point A of Article 1 of
referred to in point A of Article 1 of
acquis,
9 which fall within the area
Council Decision 1999/437/EC.
1 The
Council Decision 1999/437/EC.
4 The
Council Decision 1999/437/EC.
7 The
referred to in point A of Article 1 of
arrangement between the European
arrangement between the European
arrangement between the European
Council Decision 1999/437/EC.
10
Community and the Republic of
Community and the Republic of
Community and the Republic of
The arrangement between the
Iceland and the Kingdom of Norway
Iceland and the Kingdom of Norway
Iceland and the Kingdom of Norway
European Community and the
on the modalities of the participation
on the modalities of the participation
on the modalities of the participation
Republic of Iceland and the Kingdom
by those States in the European
by those States in the European
by those States in the European
of Norway on the modalities of the
Agency for the Management of
Agency for the Management of
Agency for the Management of
participation by those States in the
Operational Cooperation at the
Operational Cooperation at the
Operational Cooperation at the
European Agency for the
External Borders of the Member
External Borders of the Member
External Borders of the Member
Management of Operational
States of the European Union
2
States of the European Union
5
States of the European Union
8
Cooperation at the External Borders
provides for rules on the participation
provides for rules on the participation
provides for rules on the participation of the Member States of the
by those countries in the work of the
by those countries in the work of the
by those countries in the work of the
European Union
11 provides for rules
Agency, including provisions on
Agency, including provisions on
Agency, including provisions on
on the participation by those
financial contributions and staff.
financial contributions and staff.
financial contributions and staff.
countries in the work of the Agency,
including provisions on financial
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 Schengen
acquis (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 Schengen
acquis (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 Schengen
acquis (OJ L 176, 10.7.1999, p. 31).
8
OJ L 188 of 20.7.2007, p. 19.
9
OJ L 176, 10.7.1999, p. 36.
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 Schengen
acquis (OJ L 176, 10.7.1999, p. 31).
11
OJ L 188 of 20.7.2007, p. 19.
48
contributions and staff.
(41) As regards Switzerland, this
(41) As regards Switzerland, this
(41) As regards Switzerland, this
(41) As regards Switzerland, this
Regulation constitutes a development
Regulation constitutes a development
Regulation constitutes a development
Regulation constitutes a development
of the provisions of the Schengen
of the provisions of the Schengen
of the provisions of the Schengen
of the provisions of the Schengen
acquis within the meaning of the
acquis within the meaning of the
acquis within the meaning of the
acquis within the meaning of the
Agreement between the European
Agreement between the European
Agreement between the European
Agreement between the European
Union, the European Community and
Union, the European Community and
Union, the European Community and
Union, the European Community and
the Swiss Confederation on the Swiss
the Swiss Confederation on the Swiss
the Swiss Confederation on the Swiss the Swiss Confederation on the Swiss
Confederation’s association with the
Confederation’s association with the
Confederation’s association with the
Confederation’s association with the
implementation, application and
implementation, application and
implementation, application and
implementation, application and
development of the Schengen
development of the Schengen
development of the Schengen
development of the Schengen
acquis 1 which fall within the area
acquis 3 which fall within the area
acquis 5 which fall within the area
acquis 7 which fall within the area
referred to in Article 1, points A, B
referred to in point A of Article 1,
referred to in Article 1, points A, B
referred to in point A of Article 1,
and G of Decision 1999/437/EC read
points A, B and G of Decision
and G of Decision 1999/437/EC read
points A, B and G of Decision
in conjunction with Article 3 of
1999/437/EC read in conjunction
in conjunction with Article 3 of
1999/437/EC read in conjunction
Council Decision 2008/146/EC.
2
with Article 3 of Council Decision
Council Decision 2008/146/EC.
6
with Article 3 of Council Decision
2008/146/EC.
4
2008/146/EC.
8
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 Schengen
acquis (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 Schengen
acquis (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 Schengen
acquis (OJ L 53, 27.2.2008, p. 1).
7
OJ L 53, 27.2.2008, p. 52.
8
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 Schengen
acquis (OJ L 53, 27.2.2008, p. 1).
49
(42) As regards Liechtenstein, this
(42) As regards Liechtenstein, this
(42) As regards Liechtenstein, this
(42) As regards Liechtenstein, this
Regulation constitutes a development
Regulation constitutes a development
Regulation constitutes a development
Regulation constitutes a development
of the provisions of the Schengen
of the provisions of the Schengen
of the provisions of the Schengen
of the provisions of the Schengen
acquis within the meaning of the
acquis within the meaning of the
acquis within the meaning of the
acquis within the meaning of the
Protocol between the European
Protocol between the European
Protocol between the European
Protocol between the European
Union, the European Community, the
Union, the European Community, the
Union, the European Community, the
Union, the European Community, the
Swiss Confederation and the
Swiss Confederation and the
Swiss Confederation and the
Swiss Confederation and the
Principality of Liechtenstein on the
Principality of Liechtenstein on the
Principality of Liechtenstein on the
Principality of Liechtenstein on the
accession of the Principality of
accession of the Principality of
accession of the Principality of
accession of the Principality of
Liechtenstein to the Agreement
Liechtenstein to the Agreement
Liechtenstein to the Agreement
Liechtenstein to the Agreement
between the European Union, the
between the European Union, the
between the European Union, the
between the European Union, the
European Community and the Swiss
European Community and the Swiss
European Community and the Swiss
European Community and the Swiss
Confederation on the Swiss
Confederation on the Swiss
Confederation on the Swiss
Confederation on the Swiss
Confederation’s association with the
Confederation’s association with the
Confederation’s association with the
Confederation’s association with the
implementation, application and
implementation, application and
implementation, application and
implementation, application and
development of the Schengen
development of the Schengen
development of the Schengen
development of the Schengen
acquis 1 which fall within the area
acquis 3 which fall within the area
acquis 5 which fall within the area
acquis 7 which fall within the area
referred to in Article 1, points A, B
referred to in point A of Article 1,
referred to in Article 1, points A, B
referred to in point A of Article 1,
and G of Decision 1999/437/EC read
points A, B and G of Decision
and G of Decision 1999/437/EC read
points A, B and G of Decision
in conjunction with Article 3 of
1999/437/EC read in conjunction
1999/437/EC read in conjunction
Council Decision 2011/350/EU.
2
with Article 3 of Council Decision
with Article 3 of Council Decision
1
OJ L 160, 18.6.2011, p. 21.
2
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).
3
OJ L 160, 18.6.2011, p. 21.
5
OJ L 160, 18.6.2011, p. 21.
7
OJ L 160, 18.6.2011, p. 21.
50
2011/350/EU.
1
in conjunction with Article 3 of
2011/350/EU.
5
Council Decision 2011/350/EU.
3
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).
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).
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).
51
(43) The arrangement between the
(43) The arrangement between the
(43) The arrangement between the
(43) The arrangement between the
European Community, of the one
European Community, of the one
European Community, of the one
European Community, of the one
part, and the Swiss Confederation
part, and the Swiss Confederation
part, and the Swiss Confederation
part, and the Swiss Confederation
and the Principality of Liechtenstein,
and the Principality of Liechtenstein,
and the Principality of Liechtenstein,
and the Principality of Liechtenstein,
of the other part, on the modalities of
of the other part, on the modalities of
of the other part, on the modalities of
of the other part, on the modalities of
the participation by those States in
the participation by those States in
the participation by those States in
the participation by those States in
the European Agency for the
the European Agency for the
the European Agency for the
the European Agency for the
Management of Operational
Management of Operational
Management of Operational
Management of Operational
Cooperation at the External Borders
Cooperation at the External Borders
Cooperation at the External Borders
Cooperation at the External Borders
of the Member States of the
of the Member States of the
of the Member States of the
of the Member States of the
European Union
1 provides for rules
European Union
2 provides for rules
European Union
3 provides for rules
European Union
4 provides for rules
on the participation by those
on the participation by those
on the participation by those
on the participation by those
countries in the work of the Agency,
countries in the work of the Agency,
countries in the work of the Agency,
countries in the work of the Agency,
including provisions on financial
including provisions on financial
including provisions on financial
including provisions on financial
contributions and staff.
contributions and staff.
contributions and staff.
contributions and staff.
(44) In accordance with Articles 1
(44) In accordance with Articles 1
(44) In accordance with Articles 1
(44) In accordance with Articles 1
and 2 of the Protocol on the position
and 2 of the Protocol on the position
and 2 of the Protocol on the position
and 2 of the Protocol on the position
of Denmark annexed to the Treaty on
of Denmark annexed to the Treaty on
of Denmark annexed to the Treaty on
of Denmark annexed to the Treaty on
European Union and to the Treaty on
European Union and to the Treaty on
European Union and to the Treaty on
European Union and to the Treaty on
the Functioning of the European
the Functioning of the European
the Functioning of the European
the Functioning of the European
Union, Denmark is not taking part in
Union, Denmark is not taking part in
Union, Denmark is not taking part in
Union, Denmark is not taking part in
the adoption of this Regulation and is
the adoption of this Regulation and is
the adoption of this Regulation and is
the adoption of this Regulation and is
not bound by it, or subject to its
not bound by it, or subject to its
not bound by it, or subject to its
not bound by it, or subject to its
application. Given that this
application. Given that this
application. Given that this
application. Given that this
Regulation builds upon the Schengen
Regulation builds upon the Schengen
Regulation builds upon the Schengen
Regulation builds upon the Schengen
acquis under the provisions of Title
acquis under the provisions of Title
acquis under the provisions of Title
acquis under the provisions of Title
IV of Part Three of the Treaty
IV of Part Three of the Treaty
IV of Part Three of the Treaty
IV of Part Three of the Treaty
establishing the European
establishing the European
establishing the European
establishing the European
Community, Denmark should, in
Community, Denmark should, in
Community, Denmark should, in
Community, Denmark should, in
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.
52
accordance with Article 5 of the said
accordance with Article 5 of the said
accordance with Article 5 of the said
accordance with Article 5 of the said
Protocol, decide within a period of
Protocol, decide within a period of
Protocol, decide within a period of
Protocol, decide within a period of
six months after the Council has
six months after the Council has
six months after the Council has
six months after the Council has
adopted this Regulation whether it
adopted this Regulation whether it
adopted this Regulation whether it
adopted this Regulation whether it
will implement it in its national law
will implement it in its national law
will implement it in its national law
will implement it in its national law
or not.
or not.
or not.
or not.
(45) This Regulation constitutes a
(45) This Regulation constitutes a
(45) This Regulation constitutes a
(45) This Regulation constitutes a
development of provisions of the
development of provisions of the
development of provisions of the
development of provisions of the
Schengen
acquis in which the United
Schengen
acquis in which the United
Schengen
acquis in which the United
Schengen
acquis in which the United
Kingdom does not take part, in
Kingdom does not take part, in
Kingdom does not take part, in
Kingdom does not take part, in
accordance with Council Decision
accordance with Council Decision
accordance with Council Decision
accordance with Council Decision
2000/365/EC;
1 the United Kingdom
2000/365/EC;
2 the United Kingdom
2000/365/EC;
3 the United Kingdom
2000/365/EC;
4 the United Kingdom
is therefore not taking part in the
is therefore not taking part in the
is therefore not taking part in the
is therefore not taking part in the
adoption of this Regulation and is not
adoption of this Regulation and is not
adoption of this Regulation and is not
adoption of this Regulation and is not
bound by it or subject to its
bound by it or subject to its
bound by it or subject to its
bound by it or subject to its
application.
application.
application.
application.
(46) This Regulation constitutes a
(46) This Regulation constitutes a
(46) This Regulation constitutes a
(46) This Regulation constitutes a
development of provisions of the
development of provisions of the
development of provisions of the
development of provisions of the
Schengen
acquis in which Ireland
Schengen
acquis in which Ireland
Schengen
acquis in which Ireland
Schengen
acquis in which Ireland
does not take part, in accordance
does not take part, in accordance
does not take part, in accordance
does not take part, in accordance
with Council Decision
with Council Decision
with Council Decision
with Council Decision
2002/192/EC;
5 Ireland is therefore
2002/192/EC;
6 Ireland is therefore
2002/192/EC;
7 Ireland is therefore
2002/192/EC;
8 Ireland is therefore
not taking part in the adoption of this
not taking part in the adoption of this
not taking part in the adoption of this
not taking part in the adoption of this
Regulation and is not bound by it or
Regulation and is not bound by it or
Regulation and is not bound by it or
Regulation and is not bound by it or
subject to its application.
subject to its application.
subject to its application.
subject to its application.
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.
53
(46a) As regards Bulgaria and
deleted
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.
(46b) As regards Croatia, this
deleted
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.
(46c) As regards Cyprus, this
deleted
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.
(47) The Agency should facilitate
(47) The Agency should facilitate
(47) The Agency should facilitate
(47) The Agency should facilitate
the organisation of specific activities
the organisation of specific activities
the organisation of specific activities
the organisation of specific activities
in which the Member States may
in which the Member States may
in which the Member States may
in which the Member States may
avail themselves of the expertise and
avail themselves of the expertise and
avail themselves of the expertise and
avail themselves of the expertise and
facilities which Ireland and the
facilities which Ireland and the
facilities which Ireland and the
facilities which Ireland and the
United Kingdom may be willing to
United Kingdom may be willing to
United Kingdom may be willing to
United Kingdom may be willing to
offer, in accordance with modalities
offer, in accordance with modalities
offer, in accordance with modalities
offer, in accordance with modalities
to be decided on a case-by-case basis
to be decided on a case-by-case basis
to be decided on a case-by-case basis
to be decided on a case-by-case basis
by the Management Board. To that
by the Management Board. To that
by the Management Board. To that
by the Management Board. To that
end, representatives of Ireland and
end, representatives of Ireland and
end, representatives of Ireland and
end, representatives of Ireland and
the United Kingdom may be invited
the United Kingdom may be invited
the United Kingdom may be invited
the United Kingdom may be invited
to attend meetings of the
to attend meetings of the
to attend meetings of the
to attend meetings of the
Management Board which allow
Management Board which allow
Management Board which allow
Management Board which allow
them to participate fully in the
them to participate fully in the
them to participate fully in the
them to participate fully in the
preparation of such specific
preparation of such specific
preparation of such specific
preparation of such specific
activities.
activities.
activities.
activities.
54
(48) A controversy exists between
(48) A controversy exists between
(48) A controversy exists between
(48) A controversy exists between
the Kingdom of Spain and the United
the Kingdom of Spain and the United
the Kingdom of Spain and the United
the Kingdom of Spain and the United
Kingdom on the demarcation of the
Kingdom on the demarcation of the
Kingdom on the demarcation of the
Kingdom on the demarcation of the
borders of Gibraltar.
borders of Gibraltar.
borders of Gibraltar.
borders of Gibraltar.
(49) The suspension of the
(49) The suspension of the
(49) The suspension of the
(49) The suspension of the
applicability of this Regulation to the
applicability of this Regulation to the
applicability of this Regulation to the
applicability of this Regulation to the
borders of Gibraltar does not imply
borders of Gibraltar does not imply
borders of Gibraltar does not imply
borders of Gibraltar does not imply
any change in the respective
any change in the respective
any change in the respective
any change in the respective
positions of the States concerned.
positions of the States concerned.
positions of the States concerned.
positions of the States concerned.
(50) The European Data Protection
(50) The European Data Protection
(50) The European Data Protection
(50) The European Data Protection
Supervisor was consulted in
Supervisor was consulted in
Supervisor was consulted in
Supervisor was consulted in
accordance with Article 28(2) of
accordance with Article 28(2) of
accordance with Article 28(2) of
accordance with Article 28(2) of
Regulation (EC) No 45/2001 and
Regulation (EC) No 45/2001 and
Regulation (EC) No 45/2001 and
Regulation (EC) No 45/2001 and
delivered an opinion on […]
1.
delivered an opinion on18 March
delivered an opinion on […]
3.
delivered an opinion on 18 March
2016
2.
2016
4.
1
OJ C […]
2
OJ C […]
3
OJ C […]
4
OJ C […]
55
(51) This Regulation aims to amend
(51) This Regulation aims to amend
(51) This Regulation aims to amend
(51) This Regulation aims to amend
and expand the provisions of
and expand the provisions of
and expand the provisions of
and expand the provisions of
Regulation (EC) No 2007/2004,
Regulation (EC) No 2007/2004,
Regulation (EC) No 2007/2004,
Regulation (EC) No 2007/2004,
Regulation (EC) No 863/2007
1 of
Regulation (EC) No 863/2007
3 of
Regulation (EC) No 863/2007
5 of
Regulation (EC) No 863/2007
7 of
the European Parliament and of the
the European Parliament and of the
the European Parliament and of the
the European Parliament and of the
Council and Council Decision
Council and Council Decision
Council and Council Decision
Council and Council Decision
2005/267/EC.
2 Since the
2005/267/EC.
4 Since the
2005/267/EC.
6 Since the
2005/267/EC.
8 Since the
amendments to be made are of
amendments to be made are of
amendments to be made are of
amendments to be made are of
substantial number and nature, those
substantial number and nature, those
substantial number and nature, those
substantial number and nature, those
acts should, in the interests of clarity,
acts should, in the interests of clarity,
acts should, in the interests of clarity,
acts should, in the interests of clarity,
be replaced and repealed. References
be replaced and repealed. References
be replaced and repealed. References
be replaced and repealed. References
to the repealed regulations should be
to the repealed regulations should be
to the repealed regulations should be
to the repealed regulations should be
construed as references to this
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).
56
construed as references to this
construed as references to this
construed as references to this
Regulation.
Regulation.
Regulation.
Regulation.
57
HAVE ADOPTED THIS
REGULATION:
CHAPTER I
CHAPTER I
CHAPTER I
CHAPTER I
EUROPEAN BORDER AND
EUROPEAN BORDER AND
EUROPEAN BORDER AND
EUROPEAN BORDER AND
COAST GUARD
COAST GUARD
COAST GUARD
COAST GUARD
Article 1
Article 1
Article 1
Article 1
Subject matter
Subject matter
Subject matter
Subject matter
A European Border and Coast Guard
A European Border and coast Guard
This Regulation establishes a
This Regulation establishes a
is hereby set up to ensure a European
is hereby set up to ensure a European
European Border and Coast Guard is
European Border and Coast1 Guard
integrated border management at the
integrated border management at the
hereby set up to ensure a European
to ensure a European integrated
external borders with a view to
external borders with a view to
integrated border management at the
border management at the external
managing migration effectively and
managing migration effectively and
external borders with a view to
borders with a view to managing
ensuring a high level of internal
ensuring a high level of internal
managing migration effectively and
migration effectively and
efficiently
security within the Union, while
security within the Union, while
monitoring efficiently the crossing
the crossing of the external borders,
safeguarding the free movement of
safeguarding the free movement of
of the external borders, and to
including addressing migratory
persons therein.
persons therein.
addressing migratory challenges
challenges and potential future
and potential future threats at those
threats at those borders, thereby
borders, thereby contributing to
contributing to addressing serious
addressing serious crime with a
crime with a cross-border
cross-border dimension and to
dimension, in order to ensure
ensuring a high level of internal
ensuring a high level of internal
security within the Union
, in full
security within the Union,
in full
respect for fundamental rights,
respect for fundamental rights,
while safeguarding the free
while safeguarding the free
movement of persons therein.
movement of persons therein.
Article 2
Article 2
Article 2
Article 2
Definitions
Definitions
Definitions
Definitions
For the purposes of this Regulation,
For the purposes of this Regulation,
For the purposes of this Regulation,
For the purposes of this Regulation,
the following definitions shall apply:
the following definitions shall apply:
the following definitions shall apply:
the following definitions shall apply:
(1)
‘external borders’ means the
(1)
‘external borders’ means
(1)
‘external borders’ means the
1)
‘external borders’ means
land and sea borders of the Member ‘external borders’ as defined in
land and sea borders of the Member
external borders as defined in point
States and their airports and seaports, article 2(2) of Regulation (EC) No
States and their airports and seaports,
(2) of Article 2 of Regulation (EU)
1 Brackets are suggested by Council to remind that there is no agreement from their side on maintaining “Coast Guard”
58
to which the provisions of Title II of 562/2006 of the European Parliament
external borders as defined in point
2016/399 of the European
Regulation (EC) No 562/2006 of the
and of the Council and the land and
(2) of Article 2 of Regulation (EU)
Parliament and of the Council, to
European Parliament and of the sea borders of the Member States and
2016/399 of the European
which Title II
thereof38
applies;
Council
1 apply;
their airports and seaports, to which
Parliament and of the Council, to
the provisions of Title II of
which the provisions of Title II of
Regulation (EC) No 562/2006 of the
Regulation (EC) No 562/2006 of the
European Parliament and of the
European Parliament and of the
Council
1 apply;
Council38 apply
thereof38
applies;
__________
38
Regulation (EC
EU) No
38
Regulation (
EU)
2016/399 of
562/2006
2016/399 of the European
the European Parliament and of the
Parliament and of the Council of 15
9
Council of
9 March
2016 on a Union
March 2006 establishing a
Code on the rules governing the
Community
2016 on a Union Code
movement of persons across borders
on the rules governing the movement
(Schengen Borders Code) (OJ L
77,
of persons across borders (Schengen
23.3.2016, p. 1).
Borders Code) (OJ L 105,
13.4.2006,
77,
23.3.2016, p. 1).
(2)
‘border control’ means border
(2)
‘border control’ means border
(2)
‘border control’ means border
2)
‘border control’ means border
control as defined in point 9 of
control as defined in point 9 of
control as defined in point 9 of
control as defined in point
10 of
Article 2 of Regulation (EC) No
Article 2 of Regulation (EC) No
Article 2 of Regulation (EC) No
Article 2 of Regulation (
EU)
562/2006;
562/2006;
562/2006;
2016/399;
(2a) ‘border guard’ means border
(2a) ‘border guard’ means border
guard as defined in point 13 of
guard as defined in point
14 of
Article 2 of Regulation (EC) No
Article 2 of Regulation (
EU)
562/2006.
2016/399;
(3)
‘European Border and Coast
(3)
‘European Border and Coast
(3)
‘European Border and Coast
(3)
‘European Border
and Coast
Guard Teams’ mean teams of border
Guard Teams’ mean teams of border
Guard Teams’ mean teams of border
Guard Teams’ mean teams of border
guards and other relevant staff from
guards and other relevant staff from
guards and other relevant staff from
guards and other relevant staff from
participating Member States,
participating Member States,
participating Member States,
participating Member States,
including national experts that are
including border guards and other
including national experts that are
including
border guards and other
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).
59
seconded by Member States to the
relevant staff national experts that are
seconded by Member States to the
relevant staff national experts that
Agency, to be deployed during joint
seconded as national experts by
Agency, to be deployed during joint
are seconded
as national experts by
operations, rapid border interventions
Member States to the Agency, to be
operations, rapid border interventions
Member States to the Agency, to be
as well as in the framework of
deployed during joint operations,
as well as in the framework of
deployed during joint operations,
migration management support
rapid border interventions as well as
migration management support
rapid border interventions as well as
teams;
in the framework of migration
teams;
in the framework of migration
management support teams;
management support teams;
(4)
‘host Member State’ means a
(4)
‘host Member State’ means a
(4)
‘host Member State’ means a
(4)
‘host Member State’ means a
Member State in which a joint
Member State in which a joint
Member State in which a joint
Member State in which a joint
operation or a rapid border
operation or a rapid border
operation or a rapid border
operation or a rapid border
intervention, a return operation or a
intervention, a return operation or a
intervention, a return operation or a
intervention, a return operation or a
return intervention takes place or
return intervention takes place or a
return intervention takes place or
return intervention takes place
or a
from which it is launched;
migration management support teams
from which it is launched;
migration management support
is deployed, or from which it is
teams is deployed, or from which it
launched;
is launched;
(5)
‘home Member State’ means
(5)
‘home Member State’ means
(5)
‘home Member State’ means
(5)
‘home Member State’ means
the Member State of which a
the Member State of which a
the Member State of which a
the Member State of which a
member of the European Border and
member of the European Border and
member of the European Border and
member of the European Border and
Coast Guard Teams is a border guard
Coast Guard Teams is a border guard
Coast Guard Teams is a border guard
Coast Guard Teams is a border guard
or other relevant staff member;
or other relevant staff member;
or other relevant staff member;
or other relevant staff member;
(6)
‘participating Member State’
(6)
‘participating Member State’
(6)
‘participating Member State’
(6)
‘participating Member State’
means a Member State which
means a Member State which
means a Member State which
means a Member State which
participates in a joint operation, rapid
participates in a joint operation, rapid
participates in a joint operation, rapid
participates in a joint operation, rapid
border intervention, return operation,
border intervention, return operation,
border intervention, return operation,
border intervention, return operation,
return intervention or migration
return intervention or a migration
return intervention or migration
return intervention or a migration
management support teams by
management support team by
management support teams by
management support team by
providing technical equipment,
providing technical equipment,
providing technical equipment,
providing technical equipment,
border guards and other relevant staff
border guards and other relevant staff
border guards and other relevant staff
border guards and other relevant staff
deployed as part of the European
deployed as part of the European
deployed as part of the European
deployed as part of the European
Border and Coast Guard Teams, as
Border and Coast Guard Teams, as
Border and Coast Guard Teams, as
Border and Coast Guard Teams, as
well as a Member States which
well as a Member States which
well as a Member States which
well as a Member States which
participate in return operations or
participate in return operations or
participate in return operations or
participate in return operations or
return interventions by providing
return interventions by providing
return interventions by providing
return interventions by providing
technical equipment or staff;
technical equipment or staff, but
technical equipment or staff;
technical equipment or staff, but
60
which is not a host Member State;
which is not a host Member State;
(7)
‘members of the European
(7)
‘members of the European
(7)
‘members of the European
7)
‘members of the European
Border and Coast Guard Teams’
Border and Coast Guard Teams’
Border and Coast Guard Teams’
Border and Coast Guard Teams’
mean the officers of border guard
mean the officers of border guard
mean the officers of border guard
mean the officers of border guard
services or other relevant staff of
services or other relevant staff of
services or other relevant staff of
services or other relevant staff of
Member States other than the host
Member States other than the host
Member States other than the host
Member States other than the host
Member State, including national
Member State, including national
Member State, including national
Member State, including national
experts and border guards from
experts and border guards from
experts and border guards from
experts and border guards from
Member States seconded to the
Member States seconded to the
Member States seconded to the
Member States seconded to the
Agency, who are participating in
Agency, who are participating in
Agency, who are participating in
Agency, who are participating in
joint operations or rapid border
joint operations or rapid border
joint operations or rapid border
joint operations or rapid border
interventions;
interventions;
interventions;
interventions;
61
(8)
‘members of the teams’ mean
(8)
‘members of the teams’ mean
(8)
‘members of the teams’ mean
(8)
‘members of the teams’ mean
members of the European Border and
members of the European Border and
members of the European Border and
members of the European Border and
Coast Guard Teams or teams of staff
Coast Guard Teams or teams of staff
Coast Guard Teams or teams of staff
Coast Teams or teams of staff
involved in return-related tasks
involved in return-related tasks
involved in return-related tasks
involved in return-related tasks
participating in return operations or
participating in return operations or
participating in return operations or
participating in return operations or
return interventions;
return interventions;
return interventions;
return interventions;
(9)
‘migration management
(9)
‘migration management
(9)
‘migration management
(9)
‘migration management
support teams’ mean teams of
support teams’ mean teams of
support teams’ mean teams of
support teams’ mean teams of
experts which provide operational
experts which provide operational
experts which provide operational
experts which provide operational
and technical reinforcement to
and technical reinforcement to
and technical reinforcement to
and technical reinforcement to
Member States at hotspot areas and
Member States at hotspot areas and
Member States at hotspot areas and
Member States at hotspot areas and
which are composed of experts
which are composed of experts
which are composed of experts
which are composed of experts
deployed from Member States by the
deployed from Member States by the
deployed from Member States by the
deployed from Member States by the
European Border and Coast Guard
European Border and Coast Guard
European Border and Coast Guard
European Border and Coast Guard
Agency and the European Asylum
Agency and the European Asylum
Agency and the European Asylum
Agency and the European Asylum
Support Office, and from Europol or
Support Office, and from Europol or
Support Office, and from Europol or
Support Office, and from Europol or
other relevant Union Agencies;
other relevant Union Agencies;
other relevant Union Agencies;
other relevant Union Agencies;
(9a) “Hotspot area" means an area
(9a) ‘hotspot area’ means an area
(9a) “Hotspot area" means an area
where the host Member State, the
at an external border where a
where the host Member State, the
Commission, relevant EU agencies
Member State faces
Commission, relevant EU agencies
and participating Member States
disproportionate migratory
and participating Member States
cooperate with the aim of managing
pressures and where relevant Union
cooperate with the aim of managing
a disproportionate migratory pressure
Agencies assist the Member State in
an existing or potential
characterized by a significant
an integrated manner;
disproportionate migratory
challenge
increase in the number of arriving
characterized by a significant
migrants at the external border or the
increase in the number of arriving
risk thereof
migrants at the external border
(10) ‘return’ means return as
(10) ‘return’ means return as
(10) ‘return’ means return as
(10) ‘return’ means return as
defined in point 3 of Article 3 of
defined in point 3 of Article 3 of
defined in point 3 of Article 3 of
defined in point 3 of Article 3 of
Directive 2008/115/EC;
Directive 2008/115/EC;
Directive 2008/115/EC;
Directive 2008/115/EC;
62
(11) ‘return decision’ means a
(11) ‘return decision’ means an
(11) ‘return decision’ means a
(11) ‘return decision’ means an
return decision as defined in point 4
administrative or judicial decision or
return decision as defined in point 4
administrative or judicial decision or
of Article 3 of Directive
act, stating or declaring the stay of a
of Article 3 of Directive
act, stating or declaring the stay of a
2008/115/EC;
third-country national to be illegal
2008/115/EC;
third-country national to be illegal
and imposing or stating an obligation
and imposing or stating an obligation
to return a return as defined in point
to return, respecting Directive
4 of Article 3 of Directive
2008/115/EC;
2008/115/EC;
(11a) ‘third country return order’
deleted
means an administrative or judicial
decision or act issued by a third
country, stating or declaring the stay
of a person who is a citizen of
another third country to be illegal,
and imposing or stating an obligation
to leave;
(12) ‘returnee’ means an illegally
(12) ‘returnee’ means an illegally
(12) ‘returnee’ means an illegally
(12) ‘returnee’ means an
illegally
staying third-country national subject
staying third-country national subject
irregularly staying third-country
staying third-country national subject
to a return decision;
to a return decision or a third country
national subject
who is the subject
of
who is the subject
of a return
return order;
a return decision
issued by a
decision
issued by a Member State;
Member State in accordance with
Directive 2008/115/EC;
(13) ‘return operation’ means an
(13) ‘return operation’ means an
(13) ‘return operation’ means an
(13) ‘return operation’ means an
operation to return illegally staying
operation to return illegally staying
operation to return illegally staying
operation to return illegally staying
third-country nationals, that is
third-country nationals, that is
third-country nationals
who are the
third-country nationals, that is
coordinated by the Agency and
coordinated by the Agency and
subject of return decisions issued by
coordinated by the Agency and
involves technical and operational
involves technical and operational
a Member State in accordance with
involves technical and operational
reinforcement being provided by one
reinforcement being provided by one
Directive 2008/115/EC, that
which is
reinforcement being provided by one
or more Member States under which
or more Member States under which
coordinated by the Agency and
or more Member States under which
returnees from one or more Member
returnees from one or more Member
involves technical and operational
returnees from one or more Member
States are returned either through
States are returned either on a forced
reinforcement being provided by one
States are returned either on a forced
forced return or in voluntary
or voluntary basis through forced
or more Member States under which
or voluntary basis through forced
compliance with an obligation to
return or in voluntary compliance
returnees from one or more Member
return or in voluntary compliance
return;
with an obligation to return;
States are returned either through
with an obligation to return;
63
forced return or in voluntary
compliance with an obligation to
return;
64
(14) ‘return intervention’ means an
(14) ‘return intervention’ means an
(14) ‘return intervention’ means an
(14) ‘return intervention’ means an
operation to return illegally staying
activity of the Agency providing
operation to return illegally staying
activity of the Agency providing
third-country nationals providing for
Member States with operation to
third-country nationals providing
Member States with operation to
enhanced technical and operational
return illegally staying third-country
who are the subject of return
return illegally staying third-country
assistance consisting of the
nationals providing for enhanced
decisions issued by a Member State
nationals providing for enhanced
deployment of European Return
technical and operational assistance
in accordance with Directive
technical and operational assistance
Intervention Teams to Member
consisting of the deployment of
2008/115/EC, which provides for
consisting of the deployment of
States and the organisation of return
European Return Intervention Teams
enhanced technical and operational
European Return Intervention Teams
operations.
to Member States and the
assistance consisting of the
to Member States and the
organisation of return operations.
deployment of European Return
organisation of return operations.
Intervention Teams to Member
States and the organisation of return
operations
;
65
(14a) ‘coast-guard functions’ means
deleted
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;
66
(14b) ‘child’ means a natural person deleted
below the age of 18 years unless
under the law applicable to the child
majority is attained earlier;
67
(14c) ‘third party’ means a legal
deleted
entity recognised as such by a
Member State or an international
organisation.
(15) ‘Cross-border crime’ means
(15) ‘Cross-border crime’ means
any serious crime with a cross-
any serious crime with a cross-
border dimension committed at,
border dimension committed at,
along or is related to the external
along or is related to the external
borders;
borders;
Article 3
Article 3
Article 3
Article 3
European Border and Coast Guard
European Border and Coast Guard
European Border and Coast Guard
European Border and Coast Guard
1.
The European Border and
1.
The European Border and coast
1.
The European Border and
1.
The European Border and
Coast Guard Agency and the national
Guard Agency and the national
Coast Guard Agency
(the Agency)
Coast Guard Agency
(the Agency)
authorities of Member States which
authorities of Member States which
and the national authorities of
and the national authorities of
are responsible for border
are responsible for border
Member States which are responsible
Member States which are responsible
management, including coast guards
management, including coast guards
for border management, including
for border management, including
to the extent that they carry out
to the extent that they carry out
coast guards to the extent that they
coast guards to the extent that they
border control tasks, shall constitute
border control tasks, shall constitute
carry out border control tasks, shall
carry out border control tasks, shall
the European Border and Coast
the European Border and Coast
constitute the European Border and
constitute the European Border and
Guard.
Guard.
Coast Guard.
Coast Guard.
1a.
If appropriate, the
deleted
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.
68
2.
The European Border and
2.
The European Border and
2.
The European Border and
2.
The European Border and
Coast Guard Agency shall establish
Coast Guard Agency, by decision of
Coast Guard Agency shall establish
Coast Guard Agency, by decision of
an operational and technical strategy
the Management Board, shall
an operational and technical strategy
the Management Board based on a
for the European integrated border
establish, an operational and
for the European integrated border
proposal of the Executive Director,
management. It shall promote and
technical strategy for the European
management
, taking into account,
shall establish, an operational and
ensure the implementation of
integrated border management,
where appropriate, the specific
technical strategy for the European
European integrated border
taking into account, where justified,
situation of the Member States. It
integrated border management,
management in all Member States.
the specific situation of the Member
shall promote and ensure the
taking into account, where justified,
States, in particular their
implementation of European
the specific situation of the Member
geographical location.This strategy
integrated border management in all
States, in particular their
shall be in line with Article 4 of this
Member States.
geographical location.This strategy
Regulation. It shall promote and
shall be in line with Article 4 of this
support ensure the implementation of
Regulation. It shall promote and
European integrated border
support ensure the implementation of
management in all Member States.
European integrated border
management in all Member States.
2a.
The Agency shall ensure the
deleted
continuous and uniform application
of Union law, including the Union
acquis on fundamental rights, at all
external borders.
3.
The national authorities which
3.
The national authorities which
3.
The national authorities which
3.
The national authorities which
are responsible for border
are responsible for border
are responsible for border
are responsible for border
management, including coast guards
management, including coast guards
management, including coast guards
management, including coast guards
to the extent that they carry out
to the extent that they carry out
to the extent that they carry out
to the extent that they carry out
border control tasks, shall establish
border control tasks, shall establish
border control tasks, shall establish
border control tasks, shall establish
their national strategies for integrated
their national strategies for integrated
their national strategies for integrated
their national strategies for integrated
border management. Those national
border management. Those national
border management. Those national
border management. Those national
strategies shall be coherent with the
strategies shall be in line coherent
strategies shall be coherent with the
strategies shall be in line with Article
strategy referred to in paragraph 2.
with Article 4 and the strategy
strategy referred to in
paragraphs 1a
4 and the strategy referred to in
referred to in paragraph 2.
and 2.
paragraph 2.
Article 4
Article 4
Article 4
Article 4
European integrated border
European integrated border
European integrated border
European integrated border
management
management
management
management
69
European integrated border
European integrated border
European integrated border
European integrated border
management shall consist of the
management shall consist of the
management shall consist of the
management shall consist of the
following components:
following components:
following components:
following components:
(a)
border control, including
(a)
border control, including
(a)
border control, including
(a)
border control, including
measures related to the prevention,
measures to prevent and detect illegal
measures
to facilitate legitimate
measures
to facilitate legitimate
detection and investigation of cross-
border crossing and to facilitate
border crossings and measures
border crossings and measures
border crime, where appropriate;
legitimate border crossing and
related to the prevention
and
related to the prevention
and
measures related to the prevention,
detection and investigation of cross-
detection and investigation of cross-
detection and investigation of cross-
border crime,
such as the criminal
border crime,
such as migrant
border crime, where appropriate;
smuggling of persons, trafficking in
smuggling, trafficking in human
human beings and terrorism, where
beings and terrorism, where
appropriate;
appropriate
and measures related to
the referral of persons who are in
need of, or wish to apply for,
international protection;
(aa) search and rescue operations
(aa) search and rescue operations
for persons in distress at sea in
for persons in distress at sea in
accordance with Regulation (EU)
accordance with Regulation (EU)
No 656/2014 and with international
No 656/2014 and with international
law;
law, taking place in situations which
may arise during border
surveillance operations at sea;
(ab) the identification, provision of
deleted
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;
70
(b)
analysis of the risks for internal
(b)
analysis of the risks for internal
(b)
analysis of the risks for internal
(b)
analysis of the risks for internal
security and analysis of the threats
security and analysis of the threats
security and analysis of the threats
security and analysis of the threats
that may affect the functioning or
that may affect the functioning or
that may affect the functioning or
that may affect the functioning or
security of the external borders;
security of the external borders;
security of the external borders;
security of the external borders;
(b1) cooperation between Member
(b1) cooperation between Member
States supported and coordinated by
States supported and coordinated by
the European Border Guard Agency,
the European Border and Coast
Guard Agency,
(c)
inter-agency cooperation
(c)
inter-agency cooperation
(c)
inter-agency cooperation
(c)
inter-agency cooperation
among the national authorities in
among the national authorities in
among the national authorities in
among the national authorities in
each Member State which are
each Member State which are
each Member State which are
each Member State which are
responsible for border control or for
responsible for border control or for
responsible for border control or for
responsible for border control or for
other tasks carried out at the border
other tasks carried out at the border
other tasks carried out at the border
other tasks carried out at the border
and among the relevant Union
and among the relevant Union
and among the relevant Union
and among the relevant Union
institutions, agencies, bodies and
institutions, agencies, bodies and
institutions, agencies, bodies and
institutions, agencies, bodies and
offices; including the regular
offices; including the regular
offices; including the regular
offices; including the regular
exchange of information through
exchange of information through
exchange of information through
exchange of information through
existing information exchange tools,
existing information exchange tools,
existing information exchange tools,
existing information exchange tools,
and in particular, the European
and in particular, the European
and in particular, the European
and
including such as the European
Border Surveillance System
Border Surveillance System
Border Surveillance System
Border Surveillance System
(‘Eurosur’) established by Regulation
(‘Eurosur’) established by Regulation
(‘Eurosur’) established by Regulation
(‘Eurosur’) established by Regulation
(EU) No 1052/2013 of the European
(EU) No 1052/2013 of the European
(EU) No 1052/2013 of the European
(EU) No 1052/2013 of the European
Parliament and of the Council;
1
Parliament and of the Council;
2
Parliament and of the Council; 39
Parliament and of the Council; 39
(d)
cooperation with third
(d)
cooperation with third
(d)
cooperation with third
(d)
cooperation with third
countries in the areas of covered by
countries in the areas of covered by
countries in the areas of covered by
countries in the areas of covered by
this Regulation, focusing in
this Regulation, focusing in
this Regulation, focusing in
this Regulation, focusing in
particular on neighbouring countries
particular on neighbouring countries
particular on neighbouring countries
particular on neighbouring countries
and on those third countries which
and on those third countries which
and on those third countries which
and on those third countries which
have been identified through risk
have been identified through risk
have been identified through risk
have been identified through risk
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).
2
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).
71
analysis as being countries of origin
analysis as being countries of origin
analysis as being countries of origin
analysis as being countries of origin
and transit for irregular immigration;
and/or transit for illegal irregular
and transit for irregular immigration
and/or transit for
illegal
immigration;
migration in cooperation with
immigration;
Member States, the Commission
and the EEAS;
(e)
technical and operational
(e)
technical and operational
(e)
technical and operational
(e)
technical and operational
measures within the area of free
measures within the Schengen area
measures within the area of free
measures within the Schengen area
movement which are related to
of free movement which are related
movement which are related to
of free movement which are related
border control and designed to
to border control and designed to
border control and designed to
to border control and designed to
prevent irregular immigration and to
prevent illegal irregular immigration
prevent irregular immigration
better
better address illegal immigration
counter cross-border crime;
and to counter cross-border crime;
manage irregular migration and to
and to counter cross-border crime;
counter cross-border crime;
(f)
return of third-country
(f)
return of third-country
(f)
return of third-country
(f)
return of third-country
nationals illegally staying on the
nationals illegally staying on the
nationals illegally staying on the
nationals illegally staying on the
territory of the Member States;
territory of the Member States;
territory of the Member States
who
territory of the Member States
who
are the subject of return decisions
are the subject of return decisions
issued by a Member State in
issued by a Member State;
accordance with Directive
2008/115/EC;
(g)
use of state-of-the-art
(g)
use of state-of-the-art
(g)
use of state-of-the-art
(g)
use of state-of-the-art
technology including large-scale
technology including large-scale
technology including large-scale
technology including large-scale
information systems;
information systems;
information systems;
information systems;
(h)
a quality control mechanism to
(h)
a quality control mechanism, in
(h)
a quality control mechanism to
(h)
a quality control mechanism, in
ensure the implementation of Union
particular the Schengen Evaluation
ensure the implementation of Union
particular the Schengen Evaluation
legislation in the area of border
mechanism and possible national
legislation in the area of border
mechanism and possible national
management.
mechanisms, to ensure the
management.
mechanisms, to ensure the
implementation of Union legislation
implementation of Union legislation
in the area of border management.
in the area of border management.
(i)
Solidarity mechanisms, in
(i)
Solidarity mechanisms, in
particular EU funding instruments.
particular EU funding instruments.
_________
39
Regulation (EU) No 1052/2013
39
Regulation (EU) No 1052/2013
of the European Parliament and of
of the European Parliament and of
the Council of 22 October 2013
the Council of 22 October 2013
72
establishing the European Border
establishing the European Border
Surveillance System (Eurosur) (OJ L
Surveillance System (Eurosur) (OJ L
295, 6.11.2013, p. 11).
295, 6.11.2013, p. 11).
Article 5
Article 5
Article 5
Article 5
Shared responsibility
Shared responsibility
Shared responsibility
Shared responsibility
1.
The European Border and
1.
The European Border and
1.
The European Border and
1.
The European Border and
Coast Guard shall implement the
Coast Guard shall implement the
Coast Guard shall implement the
Coast Guard shall implement the
European integrated border
European integrated border
European integrated border
European integrated border
management as a shared
management as a shared
management as a shared
management as a shared
responsibility of the
European
responsibility of the European
responsibility of the Agency and of
responsibility of the Agency and of
Border and Coast Guard Agency
Border and Coast Guard Agency and
the national authorities responsible
the national authorities responsible
and of the national authorities
of the national authorities responsible
for border management, including
for border management, including
responsible for border management,
for border management, including
coast guards to the extent that they
coast guards to the extent that they
including coast guards to the extent
coast guards to the extent that they
carry out
maritime border
carry out
maritime border
that they carry out border control
carry out border control tasks.
surveillance operations and any
surveillance operations and any
tasks.
other border control tasks.
other border control tasks.
Member
Nonetheless, Member States shall
States shall retain primary
retain primary responsibility for
responsibility for the management
the management of their section of
of their section of the external
the external border.
border.
1a.
Member States shall ensure the
1a.
Member States shall ensure the
management of their external
management of their external
borders, in their interests and in the
borders, in their interests and in the
interest of all Member States, in full
interest of all Member States, in full
compliance with Union law and in
compliance with Union law and in
line with the technical and
line with the technical and
operational strategy referred to in
operational strategy referred to in
Article 3(2), and in close cooperation
Article 3(2), and in close cooperation
with the Agency.
with the Agency.
2.
The
European Border and
2.
The European Border and
2.
The Agency shall facilitate the
2.
The Agency shall
support the
Coast Guard Agency shall facilitate
Coast Guard Agency shall support
application of Union measures
application of Union measures
the application of Union measures
facilitate the application of Union
relating to the management of
relating to the management of
relating to the management of
measures relating to the management
external borders by reinforcing,
external borders by reinforcing,
external borders by reinforcing,
of external borders by reinforcing,
assessing and coordinating the
assessing and coordinating the
73
assessing and coordinating the
assessing and coordinating the
actions of Member States in the
actions of Member States in the
actions of Member States in the
actions of Member States in the
implementation of those measures,
implementation of those measures,
implementation of those measures,
implementation of those measures,
and in return. Member States shall
and in return.
and in return. Member States shall
and in return. Member States shall
ensure the management of their
ensure the management of their
ensure the management of their
section of the external borders, in
section of the external borders, in
section of the external borders, in
their interests and in interest of all
their interests and in interest of all
their interests and in interest of all
Member States which have abolished
Member States which have abolished
Member States which have abolished
internal border control, in full
internal border control, in full
internal border control, in full
compliance with Union law and in
compliance with Union law and in
compliance with Union law and in
accordance with the technical and
accordance with the technical and
accordance with the technical and
operational strategy referred to in
operational strategy referred to in
operational strategy referred to in
Article 3(2), and in close cooperation
Article 3(2), and in close cooperation
Article 3(2), and in close cooperation
with the Agency.
Member States
with the Agency.
with the Agency.
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.
74
3.
The
European Border and
3.
The European Border and
3.
The Agency shall be
delete
Coast Guard Agency shall be
Coast Guard Agency shall be
responsible for the management of
responsible for the management of
responsible for the management of
the external borders in the cases
the external borders in the cases
the external borders in the cases
foreseen in this Regulation, in
foreseen in this Regulation, in
foreseen in this Regulation, in
particular where the necessary
particular where the necessary
particular where the necessary
corrective measures based on the
corrective measures based on the
corrective measures based on the
vulnerability assessment are not
vulnerability assessment are not
vulnerability assessment are not
taken or in the event of
taken or in the event of
taken or in the event of
disproportionate migratory pressure,
disproportionate migratory pressure,
disproportionate migratory pressure,
rendering the control of the external
rendering the control of the external
rendering the control of the external
borders ineffective to such an extent
borders ineffective to such an extent
borders ineffective to such an extent
that it risks putting in jeopardy the
that it risks putting in jeopardy the
that it risks putting in jeopardy the
functioning of the Schengen area;
functioning of the Schengen area.
functioning of the Schengen area.
75
3a.
This Regulation shall be
deleted
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.
CHAPTER II
CHAPTER II
CHAPTER II
CHAPTER II
EUROPEAN BORDER AND
EUROPEAN BORDER AND
EUROPEAN BORDER AND
EUROPEAN BORDER AND
COAST GUARD AGENCY
COAST GUARD AGENCY
COAST GUARD AGENCY
COAST GUARD AGENCY
SECTION 1
SECTION 1
SECTION 1
SECTION 1
TASKS OF THE EUROPEAN BORDER
TASKS OF THE EUROPEAN BORDER
TASKS OF THE EUROPEAN BORDER
TASKS OF THE EUROPEAN BORDER
AND COAST GUARD AGENCY
AND COAST GUARD AGENCY
AND COAST GUARD AGENCY
AND COAST GUARD AGENCY
Article 6
Article 6
Article 6
Article 6
European Border and Coast Guard
European Border and Coast Guard
European Border and Coast Guard
European Border and Coast Guard
Agency
Agency
Agency
Agency
1.
To ensure a coherent European
1.
To ensure a coherent European
1.
To ensure a coherent European
1.
To ensure a coherent European
integrated border management at all
integrated border management at all
integrated border management at all
integrated border management, the
external borders, the Agency shall
external borders, the Agency shall
external borders, the Agency shall
Agency shall facilitate and render
facilitate and render more effective
facilitate and render more effective
facilitate and render more effective
more effective the application of
the application of existing and future
the application of existing and future
the application of existing and future
existing and future Union measures
Union measures relating to the
Union measures relating to the
Union measures relating to the
relating to the management of
management of external borders, in
management of external borders, in
management of external borders, in
external borders, in particular the
particular the Schengen Borders
particular the Schengen Borders
particular the Schengen Borders
Schengen Borders Code established
Code established by Regulation (EC)
Code established by Regulation (EC)
Code established by Regulation (EC)
by Regulation (
EU) No 562/2006
No 562/2006.
No 562/2006.
No 562/2006
2016/399.
It shall also
2016/399.
contribute to the identification,
1a.
The Agency shall contribute,
development and exchange of good
including through the exchange of
practices and promote Union border
good practices, to the continuous
management law and standards.
and uniform application of Union
law, including the Union acquis on
fundamental rights, at all external
borders.
76
2.
The European Border and
2.
The European Border and
2.
The European Border and
2.
The European Border
and
Coast Guard Agency (‘the Agency’)
Coast Guard Agency (‘the Agency’)
Coast Guard Agency (‘the Agency’)
Coast Guard Agency (‘the Agency’)
shall be the new name for the
shall be the new name for the
shall be the new name for the
shall be the new name for the
European Agency for the
European Agency for the
European Agency for the
European Agency for the
Management of Operational
Management of Operational
Management of Operational
Management of Operational
Cooperation at the External Borders
Cooperation at the External Borders
Cooperation at the External Borders
Cooperation at the External Borders
of the Members States of the
of the Members States of the
of the Members States of the
of the Members States of the
European Union established by
European Union established by
European Union established by
European Union established by
Council Regulation (EC)
Council Regulation (EC)
Council Regulation (EC)
Council Regulation (EC)
No 2007/2004. The activities shall
No 2007/2004. The activities shall
No 2007/2004. The activities shall
No 2007/2004. The activities shall
henceforth be based on this
henceforth be based on this
henceforth be based on this
henceforth be based on this
Regulation.
Regulation.
Regulation.
Regulation.
Article 6a
Article 6a
Accountability
Accountability
The Agency shall be accountable to
The Agency shall be accountable to
the European Parliament and to the
the European Parliament and to the
Council, in accordance with this
Council, in accordance with this
Regulation.
Regulation.
Article 7
Article 7
Article 7
Article 7
Tasks
Tasks
Tasks
Tasks
1.
In view of contributing to an
1.
In view of contributing to an
1.
In view of contributing to an
1.
In view of contributing to an
efficient, high and uniform level of
efficient, high and uniform level of
efficient, high and uniform level of
efficient, high and uniform level of
border control and return, the
border control and return, the
border control and return, the
border control and return, the
Agency shall perform the following
Agency shall perform the following
Agency shall perform the following
Agency shall perform the following
tasks:
tasks:
tasks:
tasks:
(a)
establish a monitoring and risk
(a)
establish a monitoring and risk
(a)
establish a monitoring and risk
(a)
establish a monitoring and risk
analysis centre with the capacity to
analysis centre with the capacity to
analysis centre with the capacity to
analysis centre with the capacity to
monitor migratory flows and to carry
monitor migratory flows and to carry
monitor migratory flows and to carry
monitor migratory flows and to carry
out risk analysis as regards all
out risk analysis as regards all
out risk analysis as regards all
out risk analysis as regards all
aspects of integrated border
aspects of integrated border
aspects of integrated border
aspects of integrated border
management;
management;
management;
management;
(b)
carry out a vulnerability
(b)
carry out a vulnerability
(b)
carry out a vulnerability
(b)
carry out a vulnerability
assessment including the assessment
assessment including the assessment
assessment including the assessment
assessment including the assessment
of the capacity of Member States to
of the capacity and readiness of
of the capacity
and preparedness of
of the capacity
and readiness of
77
face threats and pressures at the
Member States to face threats and
Member States to face threats and
Member States to face threats and
external borders;
pressures at the external borders;
pressures
challenges at the external
pressures
challenges at the external
borders;
borders;
(ba) ensure regular monitoring of
(ba)
monitor the management of
the management of the external
the external borders through liaison
borders through liaison officers of
officers of the Agency in Member
the Agency in Member States;
States;
(c)
assist Member States in
(c)
assist Member States in
(c)
assist Member States in
(c)
assist Member States in
circumstances requiring increased
circumstances requiring increased
circumstances requiring increased
circumstances requiring increased
technical and operational assistance
technical and operational assistance
technical and operational assistance
technical and operational assistance
at the external borders by
at the external borders by
at the external borders by
at the external borders by
coordinating and organising joint
coordinating and organising joint
coordinating and organising joint
coordinating and organising joint
operations, taking into account that
operations, taking into account that
operations, taking into account that
operations, taking into account that
some situations may involve
some situations may involve
some situations may involve
some situations may involve
humanitarian emergencies and rescue
humanitarian emergencies and rescue
humanitarian emergencies and rescue
humanitarian emergencies and rescue
at sea;
at sea;
at sea
in accordance with Union
at sea
in accordance with Union and
and international law;
international law;
(d)
assist Member States in
(d)
assist Member States in
(d)
assist Member States in
d)
assist Member States in
circumstances requiring increased
circumstances requiring increased
circumstances requiring increased
circumstances requiring increased
technical and operational assistance
technical and operational assistance
technical and operational assistance
technical and operational assistance
at the external borders, by launching
at the external borders, by launching
at the external borders, by launching
at the external borders, by launching
rapid border interventions at the
rapid border interventions at the
rapid border interventions at the
rapid border interventions at the
external borders of those Member
external borders of those Member
external borders of those Member
external borders of those Member
States facing specific and
States facing specific and
States facing specific and
States facing specific and
disproportionate pressures, taking
disproportionate pressures, taking
disproportionate pressures
disproportionate pressures
into account that some situations may
into account that some situations may
challenges, taking into account that
challenges, taking into account that
involve humanitarian emergencies
involve humanitarian emergencies
some situations may involve
some situations may involve
and rescue at sea;
and rescue at sea;
humanitarian emergencies and rescue
humanitarian emergencies and rescue
at sea
in accordance with Union
at sea
in accordance with Union and
and international law;
international law;
(da) provide technical and
(da) in accordance with Regulation
operational assistance to Member
(EU) No 656/2014 and international
States and third countries, in the
law provide technical and operational
context of search and rescue
assistance to Member States and
78
operations for persons in distress at
third countries, in context
support of
sea in accordance with Regulation
search and rescue operations for
(EU) No 656/2014 and international
persons in distress at sea
which may
law;
arise during border surveillance
operations at sea;
(e)
set up and deploy European
(e)
set up and deploy European
(e)
set up and deploy European
(e)
set up and deploy European
Border and Coast Guard Teams,
Border and Coast Guard Teams,
Border and Coast Guard Teams,
Border
and Coast Guard Teams,
including a rapid reserve pool, that
including a rapid reserve pool, that
including a rapid reserve
reaction
including a rapid
reaction pool, that
are to be deployed during joint
are to be deployed during joint
pool, that are to be deployed during
are to be deployed during joint
operations and rapid border
operations and rapid border
joint operations and rapid border
operations and rapid border
interventions and in the framework
interventions and in the framework
interventions and in the framework
interventions and in the framework
of the migration management support
of the migration management support
of the migration management support
of the migration management support
teams;
teams;
teams;
teams;
(f)
set up a technical equipment
(f)
set up a technical equipment
(f)
set up a technical equipment
(f)
set up a technical equipment
pool to be deployed in joint
pool to be deployed in joint
pool to be deployed in joint
pool to be deployed in joint
operations, rapid border interventions
operations, rapid border interventions
operations, rapid border interventions
operations, rapid border interventions
and in the framework of migration
and in the framework of migration
and in the framework of migration
and in the framework of migration
management support teams, as well
management support teams, as well
management support teams, as well
management support teams, as well
as in return operations and return
as in return operations and return
as in return operations and return
as in return operations and return
interventions;
interventions;
interventions;
interventions;
79
(g)
deploy European Border and
(g)
deploy European Border and
(g)
deploy European Border and
(g)
Within In the framework of the
Coast Guard Teams and technical
Coast Guard Teams and technical
Coast Guard Teams and technical
migration management support teams
equipment to provide assistance in
equipment to provide assistance in
equipment to provide assistance in
at hotspot areas:
screening, identification and
screening, debriefing, identification
screening, identification and
fingerprinting in the framework of
and fingerprinting in the framework
fingerprinting
and establish
(1)
deploy European Border
and
the migration management support
of the migration management support
mechanisms for the identification,
Coast Guard Teams and technical
teams at hotspot areas;
teams at hotspot areas;
provision of initial information to
equipment to provide assistance in
and onward referral of persons
screening,
debriefing, identification
who are in need of, or wish to
and fingerprinting.
apply for, international protection
in the framework of the migration
(2) establish in cooperation with the
management support teams at
European Asylum Support Office
hotspot areas
, in cooperation with
(EASO) and national authorities a
the European Asylum Support
procedure for the provision of initial
Office (EASO) and national
information to and the referral of
authorities;
persons who are in need of, or wish
to apply for, international
protection;
(h)
support the development of
(h)
support the development of
(h)
support the development of
(h)
support the development of
technical standards for equipment,
technical standards for equipment,
common technical standards for
technical standards for equipment,
especially for tactical level
especially for tactical level
equipment, especially for tactical
especially for tactical level
command, control and
command, control and
level command, control and
command, control and
communication as well as technical
communication as well as technical
communication as well as technical
communication as well as technical
surveillance to ensure
surveillance to ensure
surveillance to ensure
surveillance to ensure
interoperability at Union and national
interoperability at Union and national
interoperability at Union and national
interoperability at Union and national
level;
level;
level;
level;
(i)
deploy the necessary
(i)
deploy the necessary
(i)
deploy the necessary
(i)
deploy the necessary
equipment and staff for the rapid
equipment and border guards and
equipment and staff for the rapid
equipment and border guards and
reserve pool for the practical
other relevant staff of for the rapid
reserve
reaction pool for the
other relevant staff of the rapid
execution of the measures needed to
reserve pool for the practical
practical execution of the measures
reserve
reaction pool for the
be taken in a situation requiring
execution of the measures needed to
needed to be taken in a situation
practical execution of the measures
urgent action at the external borders;
be taken in a situation requiring
requiring urgent action at the external needed to be taken in a situation
urgent action at the external borders;
borders;
requiring urgent action at the external
borders;
80
(j)
assist Member States in
(j)
assist Member States in
(j)
assist Member States in
(j)
assist Member States in
circumstances requiring increased
circumstances requiring increased
circumstances requiring increased
circumstances requiring increased
technical assistance and operational
technical assistance and operational
technical assistance and operational
technical assistance and operational
assistance for implementing the
assistance for implementing the
assistance for implementing the
assistance for implementing the
obligation to return illegally staying
obligation to return illegally staying
obligation to return illegally staying
obligation to return illegally staying
third-country nationals, including
third-country nationals, including
those third-country nationals,
who
those third-country nationals,
who
through the coordination or
through the coordination or
are the subject of return decisions
are the subject of return decisions,
organisation of return operations;
organisation of return operations;
issued by a Member State in
including through the coordination or
accordance with Directive
organisation of return operations;
2008/115/EC, including through the
coordination or organisation of return
operations;
(ja)
support Member States in
(ja)
within the its respective
circumstances requiring increased
mandates of the agencies concerned,
technical and operational assistance
cooperate with Europol and
at the external borders in the fight
Eurojust in their cooperation with
against organised cross-border crime
Member States and provide
and terrorism, in cooperation with
support to Member States in
Europol and Eurojust;
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
(k)
set up pools of forced return
(k)
set up pools of forced return
(k)
set up pools of forced return
monitors, forced return escorts and
monitors, forced return escorts and
monitors, forced return escorts and
monitors, forced return escorts and
return specialists;
return specialists;
return specialists;
return specialists;
(l)
set up and deploy European
(l)
set up and deploy European
(l)
set up and deploy European
(l)
set up and deploy European
Return Intervention Teams during
Return Intervention Teams during
Return Intervention Teams during
Return Intervention Teams during
return interventions;
return interventions;
return interventions;
return interventions;
(m)
assist Member States on
(m)
assist Member States on
(m)
assist Member States on
(m)
assist Member States on
training of national border guards
training of national border guards,
training of national border guards
training of national border guards,
and experts on return, including the
other relevant staff and experts on
and experts on return, including the
other relevant staff and experts on
establishment of common training
return, including the establishment of
establishment of common training
return, including the establishment of
standards;
common training standards;
standards;
common training standards;
81
(n)
participate in the development
(n)
participate in the development
(n)
monitor and participate in the
(n)
participate in the development
and management of research and
and management of research and
development and management of
and management of research and
innovation activities relevant for the
innovation activities relevant for the
research and innovation activities
innovation activities relevant for the
control and surveillance of external
control and surveillance of external
relevant for the control and
control and surveillance of external
borders, including the use of
borders, including the use of
surveillance of external borders,
borders, including the use of
advanced surveillance technology
advanced surveillance technology
including the use of advanced
advanced surveillance technology
such as remotely piloted aircraft
such as remotely piloted aircraft
surveillance technology such as
such as remotely piloted aircraft
systems and develop pilot projects
systems and develop pilot projects
remotely piloted aircraft systems and
systems and develop pilot projects
regarding matters covered by this
regarding matters covered by this
develop pilot projects regarding
regarding matters covered by this
Regulation;
Regulation;
matters covered by this Regulation;
Regulation;
(o)
develop and operate, in
(o)
develop and operate, in
(o)
develop and operate, in
(o)
develop and operate, in
accordance with Regulation (EC)
accordance with Regulation (EC)
accordance with Regulation (EC) No
accordance with Regulation (EC)
No 45/2001
1 and Framework
No 45/2001
3 and Framework
45/200140 and Framework Decision
No 45/2001
5 and Framework
Decision 2008/977/JHA, information
Decision 2008/977/JHA, information
2008/977/JHA, information systems
Decision 2008/977/JHA, information
systems that enable swift and reliable
systems that enable swift and reliable
that enable swift and reliable
systems that enable swift and reliable
exchanges of information regarding
exchanges of information regarding
exchanges of information regarding
exchanges of information regarding
emerging risks at the management of
emerging risks at the management of
emerging risks at the management of
emerging risks at the management of
the external borders, irregular
the external borders, irregular illegal
the external borders, irregular
the external borders,
illegal
immigration and return, in close
immigration and return, in close
immigration
migration and return, in
immigration and return, in close
cooperation with the Commission,
cooperation with the Commission,
close cooperation with the
coopeation with the Commission,
Union agencies, bodies and offices as
Union agencies, bodies and offices as
Commission, Union agencies, bodies
Union agencies, bodies and offices as
well as the European Migration
well as the European Migration
and offices as well as the European
well as the European Migration
Network established by Council
Network established by Council
Migration Network established by
Network established by Council
Decision 2008/381/EC;
2
Decision 2008/381/EC;
4
Council Decision 2008/381/EC;
Decision 2008/381/EC;
6
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).
82
(p)
provide the necessary
(p)
provide the necessary
(p)
provide the necessary
(p)
provide the necessary
assistance for the development and
assistance for the development and
assistance for the development and
assistance for the development and
operation of a European border
operation of a European border
operation of a European border
operation of a European border
surveillance system and, as
surveillance system and, as
surveillance system and, as
surveillance system and, as
appropriate, to the development of a
appropriate, to the development of a
appropriate, to the development of a
appropriate, to the development of a
common information-sharing
common information-sharing
common information-sharing
common information-sharing
environment, including
environment, including
environment, including
environment, including
interoperability of systems, in
interoperability of systems, in
interoperability of systems, in
interoperability of systems, in
particular by developing, maintaining
particular by developing, maintaining
particular by developing, maintaining
particular by developing, maintaining
and coordinating the Eurosur
and coordinating the Eurosur
and coordinating the Eurosur
and coordinating the Eurosur
framework in accordance with
framework in accordance with
framework in accordance with
framework in accordance with
Regulation (EU) No 1052/2013;
Regulation (EU) No 1052/2013;
Regulation (EU) No 1052/2013;
Regulation (EU) No 1052/2013;
(pa) adopt and promote the highest
deleted
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;
(q)
cooperate with the European
(q)
cooperate with the European
(q)
cooperate with the European
(q)
cooperate with the European
Fisheries Control Agency and the
Fisheries Control Agency and the
Fisheries Control Agency and the
Fisheries Control Agency and the
European Maritime Safety Agency to
European Maritime Safety Agency,
European Maritime Safety Agency,
European Maritime Safety Agency,
support the national authorities
each within their mandate, to support
each within their mandate, to
each within their mandate, to support
carrying out coast guard functions by
the national authorities carrying out
support the national authorities
the national authorities carrying out
providing services, information,
coast guard functions, as set out in
carrying out coast guard functions by
coast guard functions, as set out in
equipment and training, as well as by
Article 52, by providing services,
providing services, information,
Article 52, by providing services,
coordinating multipurpose
information, equipment and training,
equipment and training, as well as by
information, equipment and training,
operations;
as well as by coordinating
coordinating multipurpose
as well as by coordinating
multipurpose operations;
operations;
multipurpose operations;
83
(r)
assist Member States and third
(r)
assist Member States and third
(r)
assist Member States and third
(r)
assist Member States and third
countries in the context of
countries in the context of
countries in the context of
technical
countries in the context of
technical
operational cooperation between
operational cooperation between
and operational cooperation between
and operational cooperation between
them in the fields of external border
them in the fields of external border
them in the fields of external border
them in the fields of external border
management and return
.
management and return.
management and return
matters
management and return
matters
covered by its activities and to the
covered by this Regulation,
extent required for the fulfilment
of its tasks;
84
(ra)
assist in sharing the
deleted
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.
2.
Member States may continue
2.
Member States may continue
2.
Member States may continue
2.
Member States may continue
cooperation at an operational level
cooperation at an operational level
cooperation at an operational level
cooperation at an operational level
with other Member States and/or
with other Member States and/or
with other Member States and/or
with other Member States and/or
third countries at external borders,
third countries at external borders,
third countries at external borders,
third countries at external borders
including military operations on a
including military operations on a
including military operations on a
including military operations on a
law enforcement mission and in the
law enforcement mission and in the
law enforcement mission and in the
law enforcement mission and in the
field of return, where such
field of return, where such
field of return, where such
field of return, where such
cooperation is compatible with the
cooperation is compatible with the
cooperation is compatible with the
cooperation is compatible with the
action of the Agency. Member States
action of the Agency. Member States
action
tasks of the Agency. Member
tasks of the Agency. Member States
shall refrain from any activity which
shall refrain from any activity which
States shall refrain from any activity
shall refrain from any activity which
could jeopardise the functioning of
could jeopardise the functioning of
which could jeopardise the
could jeopardise the functioning of
the Agency or the attainment of its
the Agency or the attainment of its
functioning of the Agency or the
the Agency or the attainment of its
objectives.
objectives.
attainment of its objectives.
objectives.
Member States shall report to the
Member States shall report to the
Member States shall report to the
Member States shall report to the
Agency on that operational
Agency on that operational
Agency on that operational
Agency on that operational
cooperation with other Member
cooperation with other Member
cooperation with other Member
cooperation with other Member
States and/or third countries at the
States and/or third countries at the
States and/or third countries at the
States and/or third countries at the
external borders and in the field of
external borders and in the field of
external borders and in the field of
external borders and in the field of
return. The Executive Director of the
return. The Executive Director of the
return. The Executive Director of the
return. The Executive Director of the
Agency (‘the Executive Director’)
Agency (‘the Executive Director’)
Agency (‘the Executive Director’)
Agency (‘the Executive Director’)
shall inform the Management Board
shall inform the Management Board
shall inform the Management Board
shall inform the Management Board
of the Agency (‘the Management
of the Agency (‘the Management
of the Agency (‘the Management
of the Agency (‘the Management
Board’) on those matters on a regular
Board’) on those matters on a regular
Board’) on those matters on a regular
Board’) on those matters on a regular
basis and at least once a year.
basis and at least once a year.
basis and at least once a year.
basis and at least once a year.
3.
The Agency may engage in
3.
The Agency may engage in
3.
The Agency may
shall engage
3.
communication activities on its own
communication activities on its own
in communication activities on its
85
initiative in the fields within its
initiative in the fields within its
own initiative in the fields within its
(a) The Agency shall engage in
mandate. Communication activities
mandate. Communication activities
mandate.
It shall provide the public
communication activities on its own
shall not be detrimental to the tasks
shall not be detrimental to the tasks
with accurate and detailed
initiative in the fields within its
referred to in paragraph 1 and shall
referred to in paragraph 1 and shall
information about its activities.
mandate. It shall provide the public
be carried out in accordance with
be carried out in accordance with
Communication activities shall not
with accurate and comprehensive
relevant communication and
relevant communication and
be detrimental to the tasks referred to
information about its activities.
dissemination plans adopted by the
dissemination plans adopted by the
in paragraph 1 and
in particular by
Management Board.
Management Board.
revealing operational information
(b) Communication activities shall
which, if made public, would
not be detrimental to the tasks
jeopardise attainment of the
referred to in paragraph 1, in
objective of operations.
particular by revealing operational
Communication activities shall be
information which, if made public,
carried out in accordance with
would jeopardise attainment of the
relevant communication and
objective of operations.
dissemination plans adopted by the
Communication activities shall be
Management Board.
carried out
without prejudice to
article 49 and relevant
communication and dissemination
plans adopted by the Management
Board.
SECTION 2
SECTION 2
SECTION 2
SECTION 2
MONITORING AND CRISIS
MONITORING AND CRISIS
MONITORING AND CRISIS
MONITORING AND CRISIS
PREVENTION
PREVENTION
PREVENTION
PREVENTION
Article 8
Article 8
Article 8
Article 8
Duty to cooperate in good faith
Duty to cooperate in good faith
Duty to cooperate in good faith
Duty to cooperate in good faith
The Agency and the national
The Agency and the national
The Agency and the national
The Agency and the national
authorities which are responsible for
authorities which are responsible for
authorities which are responsible for
authorities which are responsible for
border management, including coast
border management and return,
border management
and for returns,
border management and return,
guards to the extent that they carry
including coast guards to the extent
including coast guards to the extent
including coast guards to the extent
out border control tasks, shall be
that they carry out border control
that they carry out border control
that they carry out border control
subject to a duty to cooperate in good
tasks, shall be subject to a duty to
tasks, shall be subject to a duty to
tasks, shall be subject to a duty to
faith, and an obligation to exchange
cooperate in good faith, and an
cooperate in good faith, and an
cooperate in good faith, and an
information.
obligation to exchange information.
obligation to exchange information.
obligation to exchange information.
86
Article 9
Article 9
Article 9
Article 9
General obligation to exchange
General obligation to Eexchange of
General obligation to exchange
General obligation to exchange
information
information
information
information
The national authorities which are
In order to perform the tasks
The
Pursuant to Article 4(3) of the
In order to perform the tasks
responsible for border management,
conferred on them by this
Treaty on European Union, the
conferred on them by this
including coast guards to the extent
Regulation, the national authorities
national authorities which are
Regulation, in particular for the
that they carry out border control
which are responsible for border
responsible for border management,
Agency to monitor the migratory
tasks, shall provide the Agency in a
management and return, including
including coast guards to the extent
flows towards and within the Union,
timely and accurate manner with all
coast guards to the extent that they
that they carry out border control
to carry out risk analysis and to
the information necessary for the
carry out border control tasks and
tasks, shall provide the Agency in a
perform the vulnerability assessment,
Agency to perform the tasks
shall provide the Agency shall in
timely and accurate manner with all
the national authorities which are
conferred on it by this Regulation, in
accordance with relevant Union and
the information necessary for the
responsible for border management
particular for the Agency to monitor
national law share in a timely and
Agency to perform the tasks
and return, including coast guards to
the migratory flows towards and
accurate manner with all the
conferred on it by this Regulation, in
the extent that they carry out border
within the Union, to carry out risk
information necessary for the
particular for the Agency to monitor
control tasks,
and the Agency shall,
analysis and to perform the
Agency and the relevant national
the migratory flows towards and
in accordance with this Regulation
vulnerability assessment.
authorities for that purpose. to
within the Union, to carry out risk
and other relevant Union and
perform the the tasks conferred on it
analysis
in accordance with Article
national law regarding the
by this Regulation, in particular for
10 of this Regulation and to perform
exchange of information, share
the Agency to monitor the migratory
the vulnerability assessment
in
provide the Agency in a timely and
flows towards and within the Union,
accordance with Article 12 of this
accurate manner with all the
to carry out risk analysis and to
Regulation.
information necessary
perform the vulnerability assessment.
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.
Article 10
Article 10
Article 10
Article 10
Monitoring of migratory flows and
Monitoring of migratory flows and
Monitoring of migratory flows and
Monitoring of migratory flows and
risk analysis
risk analysis
risk analysis
risk analysis
1.
The Agency shall establish a
1.
The Agency shall establish a
1.
The Agency shall establish a
1.
The Agency shall establish a
monitoring and risk analysis centre
monitoring and risk analysis centre
monitoring and risk analysis centre
monitoring and risk analysis centre
87
with the capacity to monitor
with the capacity to monitor
with the capacity to monitor
with the capacity to monitor
migratory flows towards and within
migratory flows towards and within
migratory flows towards and within
migratory flows towards and within
the Union. For this purpose, the
the Union. For this purpose, the
the Union
and forecast situations,
the Union
, trends and other possible
Agency shall develop a common
Agency shall develop, in close
trends and other possible challenges
challenges at the external border of
integrated risk analysis model, which
cooperation with the Member States,
at the external border of the Union.
the Union. For this purpose, the
shall be applied by the Agency and
by a decision of the Management
For this purpose, the Agency shall
Agency shall,
by a decision of the
the Member States.
Board, establish a common
develop a common integrated risk
Management Board based on a
integrated risk analysis model, which
analysis model, which shall be
proposal of the Executive Director,
shall be applied by the Agency and
applied by the Agency and the
establish a common integrated risk
the Member States.
Member States
, and carry out the
analysis model, which shall be
vulnerability assessment in
applied by the Agency and the
accordance with Article 12.
Member States
, and carry out the
vulnerability assessment in
accordance with Article 12.
2.
The Agency shall prepare
2.
The Agency shall prepare
2.
The Agency shall prepare
2. The Agency shall prepare general
general and tailored risk analyses and
general and tailored risk analyses and
general and tailored risk analyses and
risk analyses, which shall be
submit it to the Council and the
submit it to the Council and the
submit it
them to the
European
submitted to the European
Commission.
Commission.
Parliament, the Council and the
Parliament, the Council and the
Commission.
Where appropriate,
Commission
in accordance with
such risk analyses shall be carried
article 49, and tailored risk analyses
out in cooperation with other
for operational activities.
relevant Union agencies, such as
the EASO and Europol.
3.
The risk analysis prepared by
3.
The risk analysis prepared by
3.
The risk analysis prepared by
3.
The risk analysis prepared by
the Agency shall cover all aspects
the Agency, shall cover all aspects
the Agency shall cover all aspects
the Agency shall cover all aspects
relevant to the European integrated
relevant to the European integrated
relevant to the European integrated
relevant to the European integrated
border management, in particular
border management within its
border management
, in particular
border management with a view to
border control, return, irregular
mandate, in particular border control,
border control, return, irregular
developing a pre-warning
secondary movements of third-
return and irregular illegal secondary
secondary movements of third-
mechanism.
country nationals within the Union,
movements of third-country nationals
country nationals within the Union,
the prevention of cross-border crime
within the Union,. tThe prevention of
the prevention of cross-border crime
including facilitation of irregular
cross-border (migration) crime
including facilitation of irregular
immigration, trafficking in human
including facilitation of irregular
immigration, trafficking in human
being and terrorism, as well as the
illegal immigration, trafficking in
being and terrorism, as well as the
88
situation in neighbouring third
human beings and terrorism shall be
situation in neighbouring third
countries with a view to developing a
taken into account in so far relevant
countries with a view to developing
pre-warning mechanism which
for the tasks of the Agency. , as well
a pre-warning mechanism which
analyses the migratory flows towards
as tThe situation in neighbouring
analyses the migratory flows towards
the Union.
relevant third countries shall be taken
the Union.
into account with a view to
developing a pre-warning mechanism
which analyses the migratory flows
towards the Union.
4.
Member States shall provide
4.
Member States shall provide
4.
Member States shall provide
4.
Member States shall provide
the Agency with all necessary
the Agency with all necessary
the Agency with all necessary
the Agency with all necessary
information regarding the situation,
information regarding the situation,
information regarding the situation,
information regarding the situation,
trends and possible threats at the
trends and possible threats at the
trends and possible threats at the
trends and possible threats at the
external borders and in the field of
external borders and in the field of
external borders and in the field of
external borders and in the field of
return. Member States shall regularly
return. Member States shall regularly
return. Member States shall regularly
return. Member States shall regularly
or upon the request of the Agency
or upon the request of the Agency
or upon the request of the Agency
or upon the request of the Agency
provide it with all relevant
provide it with all relevant
provide it with all relevant
provide it with all relevant
information such as statistical and
information such as statistical and
information such as statistical and
information such as statistical and
operational data collected in relation
operational data collected in relation
operational data collected in relation
operational data collected in relation
to the implementation of the
to the implementation of the
to the implementation of the
to the implementation of the
Schengen
acquis as well as
Schengen acquis as well as
Schengen acquis as well as
Schengen acquis as well as
information and intelligence derived
information and intelligence derived
information and intelligence derived
information and intelligence derived
from the analysis layer of the
from the analysis layer of the
from the analysis layer of the
from the analysis layer of the
national situational picture
national situational picture
national situational picture
national situational picture
established in accordance with
established in accordance with
established in accordance with
established in accordance with
Regulation (EU) No 1052/2013.
Regulation (EU) No 1052/2013.
Regulation (EU) No 1052/2013.
Regulation (EU) No 1052/2013.
89
5.
The results of the risk analysis
5.
The results of the risk analysis
5.
The results of the risk analysis
5.
The results of the risk analysis
shall be submitted to the Supervisory
shall be submitted, in a timely and
shall be submitted to the Supervisory
shall be submitted, in a timely and
Board and to the Management Board.
accurate manner, to the Supervisory
Advisory Board and to the
accurate manner, to the Supervisory
Board and to the Management Board.
Management Board.
Board and to the Management Board.
6.
Member States shall take
6.
Member States shall take
6.
Member States shall take
6.
Member States shall take
results of the risk analysis into
results of the risk analysis into
results of the risk analysis into
results of the risk analysis into
account when planning their
account when planning their
account when planning their
account when planning their
operations and activities at the
operations and activities at the
operations and activities at the
operations and activities at the
external borders as well as their
external borders as well as their
external borders
border as well as
external borders as well as their
activities with regard to return.
activities with regard to return.
their activities with regard to return.
activities with regard to return.
7.
The Agency shall incorporate
7.
The Agency shall incorporate
7.
The Agency shall incorporate
7.
The Agency shall incorporate
the results of a common integrated
the results of a common integrated
the results of a common integrated
the results of a common integrated
risk analysis model in its
risk analysis model in its
risk analysis model in its
risk analysis model in its
development of the common core
development of the common core
development of the common core
development of the common core
curricula for the training of border
curricula for the training of border
curricula for the training of border
curricula for the training of border
guards and of staff involved in
guards and of staff involved in
guards and of staff involved in
guards and of staff involved in
return-related tasks.
return-related tasks.
return-related tasks.
return-related tasks.
Article 11
Article 11
Article 11
Article 11
Liaison officers in Member States
Liaison officers in Member States
Liaison officers in Member States
Liaison officers in Member States
1.
The Agency shall ensure
1.
The Agency shall ensure
1.
The Agency shall ensure
1. The Agency shall ensure regular
regular monitoring of the
regular monitoring of the
regular monitoring of the
monitoring of the management of the
management of the external borders
management of the external borders,
management of the external borders
external borders
of all Member
through liaison officers of the
if necessary through liaison officers
through liaison officers of the
States through liaison officers of the
Agency in Member States.
of the Agency in Member States.
Agency in
all Member States.
Agency.
The
Agency may decide that a
liaison officer covers up to
four
Member States which are
geographically close to each other.
2.
The Executive Director shall
2.
The Executive Director shall
2.
The Executive Director shall
2.
The Executive Director shall
appoint experts from the staff of the
appoint experts from the staff of the
appoint experts from the staff of the
appoint experts from the staff of the
Agency to be deployed as liaison
Agency to be deployed as liaison
Agency to be deployed as liaison
Agency to be deployed as liaison
officers. The Executive Director
officers.
officers. The Executive Director
officers. The Executive Director
shall, based on risk analysis and in
shall, based on risk analysis and in
shall, based on risk analysis and in
90
consultation with the Management
2.
The Executive Director shall
consultation with the Management
consultation with the
concerned
Board, determine the nature of the
appoint experts from the staff of the
Board, determine the nature of the
Member States Management Board,
deployment, the Member State to
Agency to be deployed as liaison
deployment, the Member State to
make a proposal determine
on the
which a liaison officer may be
officers.
which a liaison officer may be
nature
and modalities of the
deployed and the duration of the
deployed and the duration of the
deployment, the Member State
or
deployment. The Executive Director
deployment. The Executive Director
region to which a liaison officer may
shall notify the Member State
shall notify the Member State
be deployed
and possible tasks not
concerned of the appointment and
concerned of the appointment and
covered by paragraph 3.
The
shall determine, together with the
shall determine, together with the
proposal from the Executive
Member State, the location of
Member State, the location of
Director needs to be approved by
deployment.
deployment.
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 Executive Director The
deleted
Management Board shall, based on a
risk analysis and in consultation with
the Management Board and on a
proposal of the Executive Director;,
decide on determine the nature of the
deployment, the Member State to
which a liaison officer may be
deployed and the duration of the
deployment and notify its decisions
to the Member State concerned. The
Executive Director shall notify
consult the Member State concerned
of the appointment and shall
determine, together with the Member
State, the location of deployment. on
the nature and duration of the
deployment before making its
91
proposal, and on the tasks which are
not covered by paragraph 3.
3.
The liaison officers shall act on
3.
The liaison officers shall act on
3.
The liaison officers shall act on
3.
The liaison officers shall act on
behalf of the Agency and their role
behalf of the Agency and their role
behalf of the Agency and their role
behalf of the Agency and their role
shall be to foster cooperation and
shall be to foster cooperation and
shall be to foster cooperation and
shall be to foster cooperation and
dialogue between the Agency and the
dialogue between the Agency and the
dialogue between the Agency and the
dialogue between the Agency and the
national authorities which are
national authorities which are
national authorities which are
national authorities which are
responsible for border management,
responsible for border management
responsible for border management,
responsible for border management
including coast guards to the extent
and return, including coast guards to
including coast guards to the extent
and return, including coast guards to
that they carry out border control
the extent that they carry out border
that they carry out border control
the extent that they carry out border
tasks. The liaison officers shall, in
control tasks. The liaison officers
tasks. The liaison officers shall, in
control tasks. The liaison officers
particular:
shall, in particular:
particular:
shall, in particular:
(a)
act as an interface between the
(a)
act as an interface between the
(a)
act as an interface between the
(a)
act as an interface between the
Agency and the national authorities
Agency and the national authorities
Agency and the national authorities
Agency and the national authorities
responsible for border management,
responsible for border management,
responsible for border management,
responsible for border management,
including coast guards to the extent
including coast guards to the extent
including coast guards to the extent
including coast guards to the extent
that they carry out border control
that they carry out border control
that they carry out border control
that they carry out border control
tasks;
tasks;
tasks;
tasks;
(aa) support the collection of
(aa) support the collection of
information required by the Agency
information required by the Agency
for the monitoring of irregular
for the monitoring of illegal
migration and risk analyses referred
immigration and risk analyses
in Article 10;
referred in Article 10;
(b)
support the collection of
(b)
support the collection of
(b)
support the collection of
(b)
support the collection of
information required by the Agency
information, as provided for by the
information required by the Agency
information
as referred to in Article
for carrying out the vulnerability
relevant Union legislation and
for carrying out the vulnerability
12 and required by the Agency for
assessment referred to in Article 12;
required by the Agency for carrying
assessment referred to in Article 12;
carrying out the vulnerability
out the vulnerability assessment
assessment referred to in Article 12;
referred to in Article 12;
(c)
monitor the measures taken by
(c)
monitor the measures taken by
(c)
monitor the measures taken by
(c)
monitor the measures taken by
the Member State at border sections
the Member State at border sections
the Member State at border sections
the Member State at border sections
to which a high impact level has been
to which a high impact level has been
to which a high impact level has been
to which a high impact level has been
attributed in accordance with
attributed in accordance with
attributed in accordance with
attributed in accordance with
Regulation (EU) No 1052/2013;
Regulation (EU) No 1052/2013;
Regulation (EU) No 1052/2013;
Regulation (EU) No 1052/2013;
92
(ca) observe and promote the
(ca) observe and
contribute to
application of the Union acquis
promote the application of the Union
relating to the management of
acquis relating to the management of
external borders, including with
external borders, including with
regard to respect for fundamental
regard to respect for fundamental
rights and international protection;
rights and international protection;
(d)
assist the Member States in
(d)
where possible and necessary
(d)
assist the Member States in
(d)
where possible assist the
preparing their contingency plans;
assist the Member States in preparing
preparing their contingency plans;
Member States in preparing their
their contingency plans concerning
contingency plans concerning border
border management;
management;
(da) facilitate the communication
(da) facilitate the communication
between the Member State and the
between the Member State and the
Agency, share relevant information
Agency, share relevant information
from the Agency with the Member
from the Agency with the Member
State, including information about
State, including information about
ongoing operations;
ongoing operations;
(e)
report regularly to the
(e)
report regularly to the
(e)
report regularly to the
(e)
report regularly to the
Executive Director on the situation at
Executive Director on the situation at
Executive Director on the situation at
Executive Director on the situation at
the external border and the capacity
the external border and the capacity
the external border and the capacity
the external border and the capacity
of the Member State concerned to
of the Member State concerned to
of the Member State concerned to
of the Member State concerned to
deal effectively with the situation at
deal effectively with the situation at
deal effectively with the situation at
deal effectively with the situation at
the external borders;
the external borders and on the
the external borders;
the external borders and on the
execution of return operations
execution of return operations
towards relevant third countries. If
towards relevant third countries. If
the report raises concerns about one
the report raises concerns about one
or more of these aspects relevant for
or more of these aspects relevant for
the Member State concerned, the
the Member State concerned, the
latter will be informed without delay
latter will be informed without delay
by the Executive Director.
by the Executive Director.
(f)
monitor the measures taken by
(f)
monitor the measures taken by
(f)
monitor the measures taken by
(f)
monitor the measures taken by
the Member State with regard to a
the Member State with regard to a
the Member State with regard to a
the Member State with regard to a
situation requiring urgent action at
situation requiring urgent action at
situation requiring urgent action at
situation requiring urgent action at
the external borders as referred to in
the external borders as referred to in
the external borders as referred to in
the external borders as referred to in
Article 18;
Article 18;
Article 18;
Article 18;
93
4.
For the purposes of paragraph
4.
For the purposes of paragraph
4.
For the purposes of paragraph
4.
For the purposes of paragraph
3, the liaison officer shall,
inter alia:
3, the liaison officer shall, in
3, the liaison officer shall, inter alia:
3, the liaison officer shall, in
compliance with the national and EU
compliance with the national and EU
security and data protection rules,
security and data protection rules,
inter alia:
inter alia:
(a)
have unlimited access to the
(a)
have unlimited receive
(a)
have unlimited access to the
(a)
receive information from the
national coordination centre and the
information from access to the
national coordination centre and the
national coordination centre and the
national situational picture
national coordination centre and on
national situational picture
national situational picture
established in accordance with
the national situational picture
established in accordance with
established in accordance with
Regulation (EU) No 1052/2013;
established in accordance with
Regulation (EU) No 1052/2013;
Regulation (EU) No 1052/2013;
Regulation (EU) No 1052/2013;
(b)
have access to national and
(b)
have access to relevant national
(b)
have access
, where necessary,
(b)
have access
, where necessary,
European information systems
and European information systems
to national and European information
to national and European information
available in the national coordination
available in the national coordination
systems available in the national
systems available in the national
centre, on condition that he or she
centre, on condition that he or she
coordination centre, on condition that
coordination centre, on condition that
complies with the national and EU
complies with the national and EU
he or she complies with the national
he or she complies with the national
security and data protection rules;
security and data protection rules;
and EU security and data protection
and EU security and data protection
rules;
rules;
(c)
keep regular contacts with
(c)
keep regular contacts with
(c)
keep regular contacts with
(c)
keep regular contacts with
national authorities which are
national authorities which are
national authorities which are
national authorities which are
responsible for border management,
responsible for border management,
responsible for border management,
responsible for border management,
including coast guards to the extent
including coast guards to the extent
including coast guards to the extent
including coast guards to the extent
that they carry out border control
that they carry out border control
that they carry out border control
that they carry out border control
tasks, whilst informing the head of
tasks, whilst informing a point of
tasks, whilst informing the head of
tasks, whilst informing a point of
the national coordination centre.
contact designated by the Member
the national coordination centre.
contact designated by the Member
State concerned the head of the
State concerned the head of the
national coordination centre.
national coordination centre.
5.
The report of the liaison officer
5.
The final report of the liaison
5.
The report of the liaison officer
5.
The report of the liaison officer
shall form part of the vulnerability
officer shall be taken into
shall form part of the vulnerability
shall form part of the vulnerability
assessment referred to in Article 12.
consideration when drafting form
assessment
as referred to in Article
assessment
as referred to in Article
part of the vulnerability assessment
12.
The report shall be transmitted
12.
The report shall be transmitted
referred to in Article 12. The report
to the Member State concerned.
to the Member State concerned.
shall be sent to the Member State
concerned.
94
6.
In carrying out their duties, the
6.
In carrying out their duties, the
6.
In carrying out their duties, the
6.
In carrying out their duties, the
liaison officers shall take instructions
liaison officers shall remain under
liaison officers shall take instructions
liaison officers shall take instructions
only from the Agency.
the responsibility of take instructions
only from the Agency.
only from the Agency.
only from the Agency.
Article 12
Article 12
Article 12
Article 12
Vulnerability assessment
Vulnerability assessment
Vulnerability assessment
Vulnerability assessment
x.
The agency shall, by decision
-1.
The Agency shall, by decision
of the Management Board, establish
of the Management Board based on a
a common vulnerability assessment
proposal of the Executive Director,
model.
establish a common vulnerability
assessment methodology
, including
objective criteria against which the
Agency shall carry out the
vulnerability assessment and the
frequency and modalities for
carrying out consecutive
vulnerability assessments on Member
States.
1.
The Agency shall assess the
1.
The Agency shall assess the
1.
The
As a preventative measure
1.
As a preventive measure
technical equipment, systems,
technical equipment, systems,
complementary to the Schengen
complementary to the Schengen
capabilities, resources and
capabilities, resources and if possible
evaluation mechanism, the Agency
evaluation mechanism on the basis of
contingency plans of the Member
contingency plans of the Member
shall assess
, on a continuous basis,
the risk analysis prepared in
States regarding border control. That
States necessary for regarding border
monitor the technical equipment,
accordance with Article 10(3), the
assessment shall be based on
control. The Management Board
systems, capabilities, resources
Agency shall
monitor and assess at
information provided by the Member
shall approve objective indicators
preparedness and contingency plans
least once a year unless the
State and by the liaison officer, on
based on which it shall decide on the
of the Member States regarding
with
Executive Director, based on risk
information derived from Eurosur, in
prioritisation of the Member State
regard to border control. That
assessments or a previous
particular the impact levels attributed
that should be assessed. That
assessment shall be based on
vulnerability assessment, decides
to the external land and sea border
assessment shall be based on
information provided by the Member
otherwise, the availability of the
sections of each Member State in
information provided by the Member
State and by the liaison officer, on
technical equipment, systems,
accordance with Regulation (EU)
State and where appropriate by the
information derived from Eurosur, in
capabilities, resources, infrastructure,
No 1052/2013, and on the reports
liaison officer, on information
particular the impact levels attributed
adequately skilled and trained staff of
and evaluations of joint operations,
derived from Eurosur, in particular
to the external land and sea border
Member States necessary for border
pilot projects, rapid border
the impact levels attributed to the
sections of each Member State in
control.
95
interventions and other activities of
external land and sea border sections
accordance with Regulation (EU)
the Agency.
of each Member State in accordance
No 1052/2013, and on the reports
with Regulation (EU) No 1052/2013,
and evaluations of joint operations,
and on the reports and evaluations of
pilot projects, rapid border
joint operations, pilot projects, rapid
interventions and other activities of
border interventions and other
the Agency.
activities of the Agency concerning
The vulnerability assessment is
border management.
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
96
sufficient numbers.
On the basis of the risk analysis
prepared in accordance with Article
10(3), the Executive Director shall
present to the Management Board a
proposal for a decision laying down
objective criteria against which the
Agency shall carry out the
vulnerability assessment. The
Management Board shall decide on
the criteria based on this proposal.
1a.
The vulnerability assessment
deleted
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.
2.
Member States shall, at the
2.
Member States shall, at the
2.
Member States shall, at the
2.
Member States shall, at the
request of the Agency, provide
request of the Agency, provide
request of the Agency, provide
request of the Agency, provide
information as regards technical
information as regards technical
information as regards technical
information as regards technical
equipment, staff and financial
equipment, staff and to the extent
equipment, staff and
, financial
equipment, staff and to the extent
resources available at national level
possible financial resources available
resources
and the elements referred
possible financial resources available
to carry out border control and they
at national level to carry out border
to in the third subparagraph of
at national level to carry out border
shall submit their contingency plans.
control and they shall submit and
paragraph 1 available at national
control and they shall submit and
provide information on their
level to carry out border control and
provide information on their
contingency plans on border
they shall submit their contingency
contingency plans on border
97
management.
plans.
management.
3.
The aim of the vulnerability
3.
The aim of the vulnerability
3.
The aim of the vulnerability
3.
The aim of the vulnerability
assessment is for the Agency to
assessment is for the Agency to
assessment is for the Agency to
assessment is for the Agency to
assess the capacity and readiness of
assess the capacity and readiness of
assess the capacity and readiness of
assess the capacity and readiness of
Member States to face upcoming
Member States to face upcoming
Member States to face upcoming
Member States to face upcoming
challenges, including present and
challenges, including present and
challenges, including present and
challenges, including present and
future threats and pressures at the
future threats and pressures at the
future threats and pressures at the
future threats and pressures at the
external borders, to identify,
external borders, to identify,
external borders, to identify,
external borders, to identify,
especially for those Member States
especially for those Member States
especially for those Member States
especially for those Member States
facing specific and disproportionate
facing specific and disproportionate
facing specific and disproportionate
facing specific and disproportionate
pressures, possible immediate
pressures, possible immediate
pressures, possible immediate
pressures, possible immediate
consequences at the external borders
consequences at the external borders
consequences at the external borders
consequences at the external borders
and subsequent consequences on the
and subsequent consequences on the
and subsequent consequences on the
and subsequent consequences on the
functioning of the Schengen area,
functioning of the Schengen area,
functioning of the Schengen area,
functioning of the Schengen area,
and to assess their capacity to
and to assess their capacity to
and to assess their capacity to
and to assess their capacity to
contribute to the rapid reserve pool
contribute to the rapid reserve pool
contribute to the rapid reserve pool
contribute to the rapid reserve
referred to in Article 19(5). That
referred to in Article 19(5). That
referred to in Article 19(5). That
reaction pool referred to in Article
assessment is without prejudice to
assessment is without prejudice to
assessment is without prejudice to
19(5). That assessment is without
the Schengen evaluation mechanism.
the Schengen evaluation mechanism.
the Schengen evaluation mechanism.
prejudice to the Schengen evaluation
mechanism.
In this assessment, the capacity to
carry out all border management
tasks including the capacity to deal
with the
potential arrival of large
numbers of persons many of whom
may be in need of international
protection, shall be taken into
account.
4.
The results of the vulnerability
4.
The results of the vulnerability
4.
The results of the vulnerability
4.
The results of the vulnerability
assessment shall be submitted to the
assessment shall be submitted to the
assessment shall be submitted to the
assessment shall be submitted to the
Supervisory Board, which shall
Member States concerned
Supervisory
Advisory Board, which
Member States concerned
advise the Executive Director on the
Supervisory Board,. The Member
shall advise the Executive Director
Supervisory Board,. The Member
measures to be taken by the Member
State concerned may comment on the
on the measures to be taken by the
State concerned may comment on the
98
States based on the results of the
assessment. which shall advise The
Member States based on the results
assessment. which shall advise The
vulnerability assessment, and taking
Executive Director shall base on the
of the vulnerability assessment, and
Executive Director shall base on the
into account the Agency’s risk
measures to be recommended to the
taking into account the Agency’s risk
measures to be recommended to the
analysis and the results of the
Member States concerned based on
analysis and the results of the
Member States concerned based on
Schengen evaluation mechanism.
the results of the vulnerability
Schengen evaluation mechanism.
the results of the vulnerability
assessment, and taking into account
assessment, and taking into account
the Agency’s risk analysis, the
the Agency’s risk analysis, the
comments of the Member State
comments of the Member State
concerned and the results of the
concerned and the results of the
Schengen evaluation mechanism.
Schengen evaluation mechanism.
5.
These measures should be
5.
These measures should be
aimed at eliminating the
aimed at eliminating the
vulnerabilities identified in the
vulnerabilities identified in the
assessment in order for member
assessment in order for member
states to increase their readiness to
states to increase their readiness to
face upoming challenges by
face upoming challenges by
enhancing or improving their
enhancing or improving their
capabilities, technical equipment,
capabilities, technical equipment,
systems, resources and contingency
systems, resources and contingency
plans.
plans.
99
5.
The Executive Director shall
6.
The Executive Director shall in
5.
The Executive Director shall
6.
When necessary the Executive
adopt a decision setting out the
consultation with the Member State
adopt a decision setting out the
Director shall, in consultation with
necessary corrective measures to be
concerned, make a recommendation
necessary corrective measures to be
the Member State concerned, make a
taken by the Member State
adopt a decision setting out the
taken by the Member State
recommendation adopt a decision
concerned, including by using
necessary corrective measures to be
concerned including by using
setting out the necessary corrective
resources under the Union financial
taken by the Member State
resources under the Union financial
measures to be taken by the Member
instruments. The decision of the
concerned, including the timelimit
instruments. The decision of the
State concerned, including the
Executive Director shall be binding
within such measures shall be
Executive Director shall be binding
timelimit within such measures shall
on the Member State and shall lay
implemented,. including by using
on the Member State and shall lay
be implemented,. including by using
down the time-limit within which the
resources under the Union financial
down the time-limit within which the
resources under the Union financial
measures are to be taken.
instruments.The Executive Director
measures are to be taken.
instruments.The Executive Director
shall invite the Member States
shall invite the Member States
concerned to take the necessary
concerned to take the necessary
measures. The decision of the
measures. The decision of the
Executive Director shall be binding
Executive Director shall be binding
on the Member State and shall lay
on the Member State and shall lay
down the time-limit within which the
down the time-limit within which the
measures are to be taken.
measures are to be taken.
6.
Where a Member State does
7.
Where a Member State does
6.
Where a Member State does
7.
Where a Member State does
not adopt the necessary corrective
not adopt implement the necessary
not adopt the necessary corrective
not adopt implement the necessary
measures within the time-limit set,
corrective measures of the
measures within the time-limit set,
corrective measures of the
the Executive Director shall refer the
recommendation within the time-
the Executive Director shall refer the
recommendation within the time-
matter to the Management Board and
limit set, the Executive Director shall
matter to
notify the Management
limit set, the Executive Director shall
notify the Commission. The
refer the matter to the Management
Board and notify the Commission.
refer the matter to the Management
Management Board shall adopt a
Board and notify the Commission.
The Management Board shall adopt a
Board and notify the Commission.
decision setting out the necessary
The Management Board shall adopt a
decision setting out the necessary
The Management Board shall adopt a
corrective measures to be taken by
decision on a proposal of the
corrective measures to be taken by
decision on a proposal of the
the Member State concerned,
Executive Director setting out the
the Member State concerned,
Executive Director setting out the
including the time-limit within which
necessary corrective measures to be
including the time-limit within which
necessary corrective measures to be
such measures shall be taken. If the
taken by the Member State
such measures shall be taken. If the
taken by the Member State
Member State does not take the
concerned, including the time-limit
Member State does not take the
concerned, including the time-limit
measures within the time-limit
within which such measures shall be
measures within the time-limit
within which such measures shall be
foreseen in that decision, further
taken implemented.
foreseen in that decision, further
taken implemented.
action may be taken by the
Further action may be taken by the
100
Commission in accordance with
The decision of the Management
Commission in accordance with
The decision of the Management
Article 18.
Board shall be binding on the
Article 18.
Board shall be binding on the
Member State. If the Member State
Member State. If the Member State
does not take implement the
does not take implement the
measures within the time-limit
measures within the time-limit
foreseen in that decision, the
foreseen in that decision, the
Management Board shall notify the
Management Board shall notify the
Council and the Commission and
Council and the Commission and
further action may be taken by the
further action may be taken by the
Commission in accordance with
Commission in accordance with
Article 18 of this Regulation.
Article 18 of this Regulation.
6a.
The results of the vulnerability
6a.
The results of the vulnerability
assessment shall be transmitted on a
assessment shall be transmitted, in
regular basis and at least every six
accordance with article 49, on a
months to the European Parliament
regular basis and at least every six
and the Council.
months once a year to the European
Parliament and the Council and the
Commission.
SECTION 3
SECTION 3
SECTION 3
SECTION 3
EXTERNAL BORDER MANAGEMENT
EXTERNAL BORDER MANAGEMENT
EXTERNAL BORDER MANAGEMENT
EXTERNAL BORDER MANAGEMENT
Article 13
Article 13
Article 13
Article 13
Actions by the Agency at the
Actions by the Agency at the
Actions by the Agency at the
Actions by the Agency at the
external borders
external borders
external borders
external borders
1.
Member States may request the
1.
A Member States may request
1.
Member States may request the
1.
A Member States may request
Agency for assistance in
the Agency for assistance in
Agency for assistance in
the Agency for assistance in
implementing their obligations with
implementing their its obligations
implementing their obligations with
implementing their its obligations
regard to the control of the external
with regard to the control of the
regard to the control of the external
with regard to the control of the
borders. The Agency shall also carry
external borders. The Agency shall
borders. The Agency shall also carry
external borders. The Agency shall
out measures as referred to in Article
also carry out measures in
out measures as referred to in Article
also carry out measures in
18.
accordance with in Article 18.
18.
accordance with in Article 18.
2.
The Agency shall organise the
2.
The Agency shall organise the
2.
The Agency shall organise the
2.
The Agency shall organise the
appropriate technical and operational
appropriate technical and operational
appropriate technical and operational
appropriate technical and operational
assistance for the host Member State
assistance for the host Member State
assistance for the host Member State
assistance for the host Member State
and it may take one or more of the
and it may,
acting in accordance
and it may,
acting in accordance
101
and it may take one or more of the
following measures:
with the relevant Union and
with the relevant Union and
following measures:
international law, including the
international law, including the
principle of non-refoulement, take
principle of non-refoulement, take
one or more of the following
one or more of the following
measures:
measures:
(a)
coordinate joint operations for
(a)
coordinate joint operations for
(a)
coordinate joint operations for
(a)
coordinate joint operations for
one or more Member States and
one or more Member States and
one or more Member States and
one or more Member States and
deploy European Border and Coast
deploy European Border and Coast
deploy European Border and Coast
deploy European Border and Coast
Guard Teams;
Guard Teams;
Guard Teams;
Guard Teams;
(b)
organise rapid border
(b)
organise rapid border
(b)
organise rapid border
(b)
organise rapid border
interventions and deploy European
interventions and deploy European
interventions and deploy European
interventions and deploy European
Border and Coast Guard Teams from
Border and Coast Guard Teams from
Border and Coast Guard Teams from
Border and Coast Guard Teams from
the rapid reserve pool, and additional
the rapid reserve pool, and additional
the rapid reserve
reaction pool, and
the rapid reserve
reaction pool, and
European Border and Coast Guards
European Border and Coast Guard
additional European Border and
additional European Border and
Teams as appropriate;
Teams as appropriate;
Coast Guards Teams as appropriate;
Coast Guards Teams as appropriate;
(c)
coordinate activities for one or
(c)
coordinate activities for one or
(c)
coordinate activities for one or
(c)
coordinate activities for one or
more Member States and third
more Member States and third
more Member States and third
more Member States and third
countries at the external borders,
countries at the external borders,
countries at the external borders,
countries at the external borders,
including joint operations with
including joint operations with
including joint operations with
including joint operations with
neighbouring third countries;
neighbouring third countries;
neighbouring third countries;
neighbouring third countries;
(d)
deploy European Border and
(d)
deploy European Border and
(d)
deploy European Border and
(d)
deploy European Border and
Coast Guard Teams in the framework
Coast Guard Teams in the framework
Coast Guard Teams in the framework
Coast Guard Teams in the framework
of the migration management support
of the migration management support
of the migration management support
of the migration management support
teams at hotspot areas;
teams at hotspot areas;
teams at hotspot areas;
teams at hotspot areas;
102
(da) provide technical and
(da) within the framework of
operational assistance to Member
operations mentioned in (a), (b) and
States and third countries, in the
(c) and in accordance with
context of search and rescue
Regulation (EU) No 656/2014 and
operations for persons in distress at
international law, provide technical
sea in accordance with Regulation
and operational assistance to
(EU) No 656/2014 and international
Member States and third countries, in
law;
the context
support of search and
rescue operations for persons in
distress at sea
which may arise
during border surveillance
operations at sea;
(e)
deploy its own experts as well
(e)
deploy its own experts as well
(e)
deploy its own experts as well
(e)
deploy its own experts as well
as members of the teams who had
as members of the teams who had
as members of the teams who had
as members of the teams who had
been seconded by the Member States
been seconded by the Member States
been seconded by the Member States
been seconded by the Member States
to the Agency to support the
to the Agency to support the
to the Agency to support the
to the Agency to support the
competent national authorities of the
competent national authorities of the
competent national authorities of the
competent national authorities of the
Member States involved for the
Member States involved for the
Member States involved for the
Member States involved for the
appropriate duration;
appropriate duration;
appropriate duration;
appropriate duration;
(f)
deploy technical equipment.
(f)
deploy technical equipment.
(f)
deploy technical equipment.
(f)
deploy technical equipment.
3.
The Agency shall finance or
3.
The Agency shall finance or
3.
The Agency shall finance or
3.
The Agency shall finance or
co-finance the activities set out in
co-finance the activities set out in
co-finance the activities set out in
co-finance the activities set out in
paragraph 2 with grants from its
paragraph 2 with grants from its
paragraph 2 with grants from its
paragraph 2 with grants from its
budget in accordance with the
budget in accordance with the
budget
and through contracts in
budget in accordance with the
financial rules applicable to the
financial rules applicable to the
accordance with the financial rules
financial rules applicable to the
Agency.
Agency.
applicable to the Agency.
Agency.
3a.
If there is an increased
3a. If the Agency has substantial
financial need due to a situation at
additional financial needs due to a
the external borders, the Agency
situation at the external borders, the
shall inform the European
Agency shall inform the European
Parliament, the Council and the
Parliament, the Council and the
Commission thereof without delay.
Commission thereof without delay.
103
Article 14
Article 14
Article 14
Article 14
Initiating joint operations and rapid
Initiating joint operations and rapid
Initiating joint operations and rapid
Initiating joint operations and rapid
border interventions at the external
border interventions at the external
border interventions at the external
border interventions at the external
borders
borders
borders
borders
1.
Member States may request the
1.
A Member States may request
1.
Member States may request the
1.
A Member State may request
Agency to launch joint operations to
the Agency to launch joint operations
Agency to launch joint operations to
the Agency to launch joint operations
face upcoming challenges, including
to face upcoming challenges,
face upcoming challenges, including
to face upcoming challenges,
present or future threats at the
including present or future threats at
resulting from irregular immigration
including resulting from irregular
external borders resulting from
its the external border resulting from
irregular migration, present or
immigration
illegal immigration,
irregular immigration or cross-border
irregular illegal immigration or
future threats at the external borders
present or future threats at the
crime, or to provide increased
cross-border crime, or to provide
or cross-border crime,
such as the
external borders or cross-border
technical and operational assistance
increased technical and operational
criminal smuggling of persons,
crime,
such as the criminal
when implementing their obligations
assistance when implementing their
trafficking in human beings and
smuggling of persons, trafficking in
with regard to the control of the
obligations with regard to the control
terrorism, or to provide increased
human beings and terrorism, or to
external borders.
of the external borders.
technical and operational assistance
provide increased technical and
when implementing their obligations
operational assistance when
with regard to the control of the
implementing their obligations with
external borders.
regard to the control of the external
borders.
2.
At the request of a Member
2.
At the request of a Member
deleted
2. At the request of a Member State
State faced with a situation of
State faced with a situation of
faced with a situation of specific and
specific and disproportionate
specific and disproportionate
disproportionate pressures, especially
pressures, especially the arrival at
pressures, especially the arrival at
the arrival at points of the external
points of the external borders of large
points of the external borders of large
borders of large numbers of third-
numbers of third-country nationals
numbers of third-country nationals
country nationals trying to enter the
trying to enter the territory of that
trying to cross the external borders
territory of that Member State
Member State illegally, the Agency
enter the territory of that Member
unauthorised, the Agency may
may deploy a rapid border
State illegally, the Agency may
deploy a rapid border intervention for
intervention for a limited period of
deploy a rapid border intervention for
a limited period of time on the
time on the territory of that host
a limited period of time on the
territory of that host Member State.
Member State.
territory of that host Member State.
3.
The Executive Director shall
3.
The Executive Director shall
3.
The Executive Director shall
3.
The Executive Director shall
evaluate, approve and coordinate
evaluate, approve and coordinate
evaluate, approve and coordinate
evaluate, approve and coordinate
proposals for joint operations made
proposals for joint operations made
proposals for joint operations made
proposals for joint operations made
104
by Member States. Joint operations
by Member States. Joint operations
by Member States. Joint operations
by Member States. Joint operations
and rapid border interventions shall
and rapid border interventions shall
and rapid border interventions shall
and rapid border interventions shall
be preceded by a thorough, reliable
be preceded by a thorough, reliable
be preceded by a thorough, reliable
be preceded by a thorough, reliable
and up-to-date risk analysis, thereby
and up-to-date risk analysis, thereby
and up-to-date risk analysis, thereby
and up-to-date risk analysis, thereby
enabling the Agency to set an order
enabling the Agency to set an order
enabling the Agency to set an order
enabling the Agency to set an order
of priority for the proposed joint
of priority for the proposed joint
of priority for the proposed joint
of priority for the proposed joint
operations and rapid border
operations and rapid border
operations and rapid border
operations and rapid border
interventions, taking into account the
interventions, taking into account the
interventions taking into account the
interventions, taking into account the
impact level to external border
impact level to external border
impact level to external border
impact level to external border
sections in accordance with
sections in accordance with
sections in accordance with
sections in accordance with
Regulation (EU) No 1052/2013 and
Regulation (EU) No 1052/2013 and
Regulation (EU) No 1052/2013 and
Regulation (EU) No 1052/2013 and
the availability of resources.
the availability of resources.
the availability of resources.
the availability of resources.
4.
The Executive Director shall,
4.
The Executive Director shall,
4.
The Executive Director shall,
4.
The Executive Director shall,
on the advice of the Supervisory
on the advice of the Supervisory
on the advice of the Supervisory
on the advice of the Supervisory
Board based on the results of the
Board based on the results of the
Advisory Board based on the results
Board based on the results of the
vulnerability assessment, and taking
vulnerability assessment, and taking
of the vulnerability assessment, and
vulnerability assessment, and taking
into account the Agency’s risk
into account the Agency’s risk
taking into account the Agency’s risk
into account the Agency’s risk
analysis and the analysis layer of the
analysis and the analysis layer of the
analysis and the analysis layer of the
analysis and the analysis layer of the
European situational picture
European situational picture
European situational picture
European situational picture
established in accordance with
established in accordance with
established in accordance with
established in accordance with
Regulation (EU) No 1052/2013,
Regulation (EU) No 1052/2013,
Regulation (EU) No 1052/2013,
Regulation (EU) No 1052/2013,
recommend to the Member State
recommend to the Member State
recommend to the Member State
recommend to the Member State
concerned to initiate and carry out
concerned to initiate and carry out
concerned to initiate and carry out
concerned to initiate and carry out
joint operations or rapid border
joint operations or rapid border
joint operations or rapid border
joint operations or rapid border
interventions. The Agency shall put
interventions. The Agency shall put
interventions. The Agency shall put
interventions. The Agency shall put
its technical equipment at the
its technical equipment at the
its technical equipment at the
its technical equipment at the
disposal of the host or participating
disposal of the host or participating
disposal of the host or participating
disposal of the host or participating
Member States.
Member States.
Member States.
Member States.
5.
The objectives of a joint
5.
The objectives of a joint
5.
The objectives of a joint
5.
The objectives of a joint
operation or rapid border
operation or rapid border
operation or rapid border
operation or rapid border
intervention may be achieved as part
intervention may be achieved as part
interventions may be achieved as part
intervention may be achieved as part
of a multipurpose operation which
of a multipurpose operation which
of a multipurpose operation which
of a multipurpose operation which
may involve the rescue of persons in
may involve coast guard functions
may involve the rescue of persons in
may involve coast guard functions
distress at sea or other coast guard
the rescue of persons in distress at
distress at sea or other coast guard
the rescue of persons in distress at
105
functions, the fight against migrant
sea or other coast guard functions
functions, the fight against migrant
sea or other coast guard functions
smuggling or trafficking in human
and prevention of cross border crime
the criminal smuggling
of persons,
and prevention of cross border crime
beings, drug trafficking control
prevention, including the fight
trafficking in human beings, drug
prevention, including the fight
operations, and migration
against migrant smuggling or
trafficking control operations,
in
against migrant smuggling or
management including identification,
trafficking in human beings, drug
cooperation with Europol, and
trafficking in human beings, drug
registration, debriefing and return.
trafficking control operations, and
migration management including
trafficking control operations, and
migration management including
identification, registration, debriefing
migration management including
identification, registration, debriefing
and return.
identification, registration, debriefing
and return.
and return.
Article 15
Article 15
Article 15
Article 15
Operational plan for joint operations
Operational plan for joint operations
Operational plan for joint operations
Operational plan for joint operations
1.
In preparation of a joint
1.
In preparation of a joint
1.
In preparation of a joint
1.
In preparation of a joint
operation the Executive Director, in
operation the Executive Director, in
operation the Executive Director, in
operation the Executive Director, in
cooperation with the host Member
cooperation with the host Member
cooperation with the host Member
cooperation with the host Member
State, shall draw up a list of technical
State, shall draw up a list of technical
State, shall draw up a list of technical
State, shall draw up a list of technical
equipment and staff needed taking
equipment and staff needed taking
equipment and staff needed taking
equipment and staff needed taking
into account the host Member State’s
into account the host Member State’s
into account the host Member State’s
into account the host Member State’s
available resources. On the basis of
available resources. On the basis of
available resources. On the basis of
available resources. On the basis of
those elements, the Agency shall
those elements, the Agency shall
those elements, the Agency shall
those elements, the Agency shall
define a package of operational and
define a package of operational and
define a package of operational and
define a package of operational and
technical reinforcement as well as
technical reinforcement as well as
technical reinforcement as well as
technical reinforcement as well as
capacity building activities to be
capacity building activities to be
capacity building activities to be
capacity building activities to be
included in the operational plan.
included in the operational plan.
included in the operational plan.
included in the operational plan.
2.
The Executive Director shall
2.
The Executive Director shall
2.
The Executive Director shall
2.
The Executive Director shall
draw up an operational plan for joint
draw up an operational plan for joint
draw up an operational plan for joint
draw up an operational plan for joint
operations at the external borders.
operations at the external borders.
operations at the external borders.
operations at the external borders.
The Executive Director and the host
The Executive Director and the host
The Executive Director and the host
The Executive Director and the host
Member State, in consultation with
Member State, in consultation with
Member State, in consultation with
Member State, in consultation with
the participating Member States,
the participating Member States,
the participating Member States,
the participating Member States,
shall agree on the operational plan
shall agree on the operational plan
shall agree on the operational plan
shall agree on the operational plan
detailing the organisational aspects
detailing the organisational and
detailing the organisational aspects
detailing the organisational and
of the joint operation.
procedural aspects of the joint
of the joint operation.
procedural aspects of the joint
operation.
operation.
106
3.
The operational plan shall be
3.
The operational plan shall be
3.
The operational plan shall be
3.
The operational plan shall be
binding on the Agency, the host
binding on the Agency, the host
binding on the Agency, the host
binding on the Agency, the host
Member State and the participating
Member State and the participating
Member State and the participating
Member State and the participating
Member States. It shall cover all
Member States. It shall cover all
Member States. It shall cover all
Member States. It shall cover all
aspects considered necessary for
aspects considered necessary for
aspects considered necessary for
aspects considered necessary for
carrying out the joint operation,
carrying out the joint operation,
carrying out the joint operation,
carrying out the joint operation,
including the following:
including the following:
including the following:
including the following:
(a)
a description of the situation,
(a)
a description of the situation,
(a)
a description of the situation,
(a)
a description of the situation,
with modus operandi and objectives
with
modus operandi and objectives
with modus operandi and objectives
with
modus operandi and objectives
of the deployment, including the
of the deployment, including the
of the deployment, including the
of the deployment, including the
operational aim;
operational aim;
operational aim;
operational aim;
(b)
the foreseeable duration of the
(b)
the foreseeable duration of the
(b)
the foreseeable duration of the
(b)
the foreseeable duration of the
joint operation;
joint operation;
joint operation;
joint operation;
(c)
the geographical area where the
(c)
the geographical area where the
(c)
the geographical area where the
(c)
the geographical area where the
joint operation will take place;
joint operation will take place;
joint operation will take place;
joint operation will take place;
(d)
a description of the tasks and
(d)
a description of the tasks and
(d)
a description of the tasks
,
(d)
a description of the tasks
,
special instructions for the European
special instructions for the European
responsibilities and special
responsibilities, including with
Border and Coast Guard Teams,
Border and coastGuard Teams,
instructions for the European Border
regard to the respect for
including on permissible consultation
including on permissible consultation
and Coast Guard Teams, including
fundamental rights, and special
of databases and permissible service
of databases and permissible service
on permissible consultation of
instructions for the European Border
weapons, ammunition and equipment
weapons, ammunition and equipment
databases and permissible service
and Coast Guard Teams, including
in the host Member State;
in the host Member State;
weapons, ammunition and equipment
on permissible consultation of
in the host Member State;
databases and permissible service
weapons, ammunition and equipment
in the host Member State;
(da) a description of the
deleted
fundamental rights implications and
risks of the joint operation;
(e)
the composition of the
(e)
the composition of the
(e)
the composition of the
(e)
the composition of the
European Border and Coast Guard
European Border and coastGuard
European Border and Coast Guard
European Border and Coast Guard
Teams as well as the deployment of
Teams as well as the deployment of
Teams as well as the deployment of
Teams as well as the deployment of
other relevant staff;
other relevant staff;
other relevant staff;
other relevant staff;
(f)
command and control
(f)
command and control
(f)
command and control
(f)
command and control
provisions, including the names and
provisions, including the names and
provisions, including the names and
provisions, including the names and
107
ranks of the border guards of the host
ranks of the border guards of the host
ranks of the border guards of the host
ranks of the border guards of the host
Member State responsible for
Member State responsible for
Member State responsible for
Member State responsible for
cooperating with the members of the
cooperating with the members of the
cooperating with the members of the
cooperating with the members of the
teams and the Agency, in particular
teams and the Agency, in particular
teams and the Agency, in particular
teams and the Agency, in particular
the names and ranks of those border
the names and ranks of those border
the names and ranks of those border
the names and ranks of those border
guards who are in command during
guards who are in command during
guards who are in command during
guards who are in command during
the period of deployment, and the
the period of deployment, and the
the period of deployment, and the
the period of deployment, and the
place of the members of the teams in
place of the members of the teams in
place of the members of the teams in
place of the members of the teams in
the chain of command;
the chain of command;
the chain of command;
the chain of command;
(g)
the technical equipment to be
(g)
the technical equipment to be
(g)
the technical equipment to be
(g)
the technical equipment to be
deployed during the joint operation,
deployed during the joint operation,
deployed during the joint operation,
deployed during the joint operation,
including specific requirements such
including specific requirements such
including specific requirements such
including specific requirements such
as conditions for use, requested crew,
as conditions for use, requested crew,
as conditions for use, requested crew,
as conditions for use, requested crew,
transport and other logistics, and
transport and other logistics, and
transport and other logistics, and
transport and other logistics, and
financial provisions;
financial provisions;
financial provisions;
financial provisions;
(h)
detailed provisions on
(h)
detailed provisions on
(h)
detailed provisions on
(h)
detailed provisions on
immediate incident reporting by the
immediate incident reporting by the
immediate incident reporting by the
immediate incident reporting by the
Agency to the Management Board
Agency to the Management Board
Agency to the Management Board
Agency to the Management Board
and to relevant national public
and to relevant national public
and to relevant national public
and to relevant national public
authorities;
authorities;
authorities;
authorities;
(i)
a reporting and evaluation
(i)
a reporting and evaluation
(i)
a reporting and evaluation
(i)
a reporting and evaluation
scheme containing benchmarks for
scheme containing benchmarks for
scheme containing benchmarks for
scheme containing benchmarks for
the evaluation report and final date of
the evaluation report and final date of
the evaluation report
, including with
the evaluation report
, including with
submission of the final evaluation
submission of the final evaluation
regard to the protection of
regard to the protection of
report;
report;
fundamental rights, and final date
fundamental rights, and final date
of submission of the final evaluation
of submission of the final evaluation
report;
report;
(j)
regarding sea operations,
(j)
regarding sea operations,
(j)
regarding sea operations,
(j)
regarding sea operations,
specific information on the
specific information on the
specific information on the
specific information on the
application of the relevant
application of the relevant
application of the relevant
application of the relevant
jurisdiction and legislation in the
jurisdiction and legislation in the
jurisdiction and legislation in the
jurisdiction and legislation in the
geographical area where the joint
geographical area where the joint
geographical area where the joint
geographical area where the joint
operation takes place, including
operation takes place, including
operation takes place, including
operation takes place, including
references to international and Union
references to national, international
references to international and Union
references to national, international
108
law regarding interception, rescue at
and Union law regarding
law regarding interception, rescue at
and Union law regarding
sea and disembarkation. In that
interception, rescue at sea and
sea and disembarkation. In that
interception, rescue at sea and
regard the operational plan shall be
disembarkation. In that regard the
regard the operational plan shall be
disembarkation. In that regard the
established in accordance with
operational plan shall be established
established in accordance with
operational plan shall be established
Regulation (EU) No 656/2014 of the
in accordance with Regulation (EU)
Regulation (EU) No 656/2014 of the
in accordance with Regulation (EU)
European Parliament and of the
No 656/2014 of the European
European Parliament and of the
No 656/2014 of the European
Council;
1
Parliament and of the Council;
2
Council;
3
Parliament and of the Council;
4
(k)
modalities of cooperation with
(k)
modalities of cooperation with
(k)
modalities of cooperation with
(k)
modalities of cooperation with
third countries, other Union agencies,
third countries, other Union agencies,
third countries, other Union agencies,
third countries, other Union agencies,
bodies and offices or international
bodies and offices or international
bodies and offices or international
bodies and offices or international
organisations;
organisations;
organisations;
organisations;
(l)
procedures setting out a referral
(l)
procedures setting out a referral
(l)
procedures setting out a referral
(l)
procedures whereby persons in
mechanism whereby persons in need
mechanism whereby persons in need
mechanism whereby persons in need
need of international protection,
of international protection, victims of
of international protection, victims of
of international protection, victims of
victims of trafficking in human
trafficking in human beings,
trafficking in human beings,
trafficking in human beings,
beings, unaccompanied minors and
unaccompanied minors and persons
unaccompanied minors and persons
unaccompanied minors and persons
persons in a vulnerable situation are
in a vulnerable situation are directed
in a vulnerable situation are directed
in a vulnerable situation are directed
directed to the competent national
to the competent national authorities
to the competent national authorities
to the competent national authorities
authorities for appropriate assistance;
for appropriate assistance;
for appropriate assistance;
for appropriate assistance;
(m)
procedures setting out a
(m)
procedures setting out a
(m)
procedures setting out a
(m)
procedures setting out a
mechanism to receive and transmit to
mechanism to receive and transmit to
mechanism to receive and transmit to
mechanism to receive and transmit to
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).
109
the Agency a complaint against
the Agency a complaint against all
the Agency a complaint against
the Agency a complaint against all
border guards of the host Member
persons participating in a joint
border guards of the host Member
persons participating in a joint
State and members of the European
operation or rapid border
State and members of the European
operation or rapid border
Border and Coast Guard Teams
intervention, including border guards
Border and Coast Guard Teams
intervention, including border guards
alleging breaches of fundamental
or other relevant staff of the host
alleging breaches of fundamental
or other relevant staff of the host
rights in the context of the joint
Member State and members of the
rights in the context of the joint
Member State and members of the
operation or rapid border
European Border and Coast Guard
operation or rapid border
European Border and Coast Guard
intervention.
Teams alleging breaches of
intervention.
Teams alleging breaches of
fundamental rights in the context of
fundamental rights in the context of
their participation in a joint operation
their participation in a joint operation
or rapid border intervention.
or rapid border intervention.
(n)
logistical arrangements
(n)
logistical arrangements
including information on working
including information on working
conditions and the environment of
conditions and the environment of
the area where the joint operations
the area where the joint operations
are foreseen.
are foreseen.
4.
Any amendments to or
4.
Any amendments to or
4.
Any amendments to or
4.
Any amendments to or
adaptations of the operational plan
adaptations of the operational plan
adaptations of the operational plan
adaptations of the operational plan
shall require the agreement of the
shall require the agreement of the
shall require the agreement of the
shall require the agreement of the
Executive Director and the host
Executive Director and the host
Executive Director and the host
Executive Director and the host
Member State, after consultation of
Member State, after consultation of
Member State, after consultation of
Member State, after consultation of
the participating Member States. A
the participating Member States. A
the participating Member States. A
the participating Member States. A
copy of the amended or adapted
copy of the amended or adapted
copy of the amended or adapted
copy of the amended or adapted
operational plan shall immediately be
operational plan shall immediately be
operational plan shall immediately be
operational plan shall immediately be
sent by the Agency to the
sent by the Agency to the
sent by the Agency to the
sent by the Agency to the
participating Member States.
participating Member States.
participating Member States.
participating Member States.
Article 16
Article 16
Article 16
Article 16
Procedure for launching a rapid
Procedure for launching a rapid
Procedure for launching a rapid
Procedure for launching a rapid
border intervention
border intervention
border intervention
border intervention
-1.
At the request of a Member
deleted
State faced with a situation of
specific and disproportionate
pressures, especially the arrival at
points of the external borders of
110
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
1.
A request by a Member State to
1.
A request by a Member State to 1.
A request by a Member State to
launch a rapid border intervention
launch a rapid border intervention
launch a rapid border intervention
launch a rapid border intervention
shall include a description of the
shall include a description of the
shall include a description of the
shall include a description of the
situation, possible aims and
situation, possible aims and
situation, possible aims and
situation, possible aims and
envisaged needs. If required, the
envisaged needs. If required, the
envisaged needs. If required, the
envisaged needs. If required, the
Executive Director may immediately
Executive Director may immediately
Executive Director may immediately
Executive Director may immediately
send experts from the Agency to
send experts from the Agency to
send experts from the Agency to
send experts from the Agency to
assess the situation at the external
assess the situation at the external
assess the situation at the external
assess the situation at the external
borders of the Member State
borders of the Member State
borders of the Member State
borders of the Member State
concerned.
concerned.
concerned.
concerned.
2.
The Executive Director shall
2.
The Executive Director shall
2.
The Executive Director shall
2.
The Executive Director shall
immediately inform the Management
immediately inform the Management
immediately inform the Management
immediately inform the Management
Board of a Member State’s request to
Board of a Member State’s request to
Board of a Member State’s request to
Board of a Member State’s request to
launch a rapid border intervention.
launch a rapid border intervention.
launch a rapid border intervention.
launch a rapid border intervention.
3.
When deciding on the request
3.
When deciding on the request
3.
When deciding on the request
3.
When deciding on the request
of a Member State, the Executive
of a Member State, the Executive
of a Member State, the Executive
of a Member State, the Executive
Director shall take into account the
Director shall take into account the
Director shall take into account the
Director shall take into account the
findings of the Agency’s risk
findings of the Agency’s risk
findings of the Agency’s risk
findings of the Agency’s risk
analyses and the analysis layer of the
analyses and the analysis layer of the
analyses and the analysis layer of the
analyses and the analysis layer of the
European situational picture
European situational picture
European situational picture
European situational picture
established in accordance with
established in accordance with
established in accordance with
established in accordance with
Regulation (EU) No 1052/2013 as
Regulation (EU) No 1052/2013 as
Regulation (EU) No 1052/2013 as
Regulation (EU) No 1052/2013 as
well as the outcome of the
well as the outcome of the
well as the outcome of the
well as the outcome of the
vulnerability assessment referred to
vulnerability assessment referred to
vulnerability assessment referred to
vulnerability assessment referred to
in Article 12 and any other relevant
in Article 12 and any other relevant
in Article 12 and any other relevant
in Article 12 and any other relevant
information provided by the Member
information provided by the Member
information provided by the Member
information provided by the Member
State concerned or another Member
State concerned or another Member
State concerned or another Member
111
State concerned or another Member
State.
State.
State.
State.
4.
The Executive Director shall
4.
The Executive Director shall
4.
The Executive Director shall
4.
The Executive Director shall
take a decision on the request for
take a decision on the request for
take a decision on the request for
take a decision on the request for
launching a rapid border intervention
launching a rapid border intervention
launching a rapid border intervention
launching a rapid border intervention
within two working days from the
within two working days from the
within two working days from the
within two working days from the
date of the receipt of the request. The
date of the receipt of the request. The
date of the receipt of the request. The
date of the receipt of the request. The
Executive Director shall
Executive Director shall
Executive Director shall
Executive Director shall
simultaneously notify the Member
simultaneously notify the Member
simultaneously notify the Member
simultaneously notify the Member
State concerned and the Management
State concerned and the Management
State concerned and the Management
State concerned and the Management
Board in writing of the decision. The
Board in writing of the decision. The
Board in writing of the decision. The
Board in writing of the decision. The
decision shall state the main reasons
decision shall state the main reasons
decision shall state the main reasons
decision shall state the main reasons
on which it is based.
on which it is based.
on which it is based.
on which it is based.
5.
If the Executive Director
5.
If the Executive Director
5.
If the Executive Director
5.
If the Executive Director
decides to launch a rapid border
decides to launch a rapid border
decides to launch a rapid border
decides to launch a rapid border
intervention, he or she shall deploy
intervention, he or she shall deploy
intervention, he or she shall deploy
intervention, he or she shall deploy
European Border and Coast Guard
European Border and coastGuard
European Border and Coast Guard
European Border
and Coast Guard
Teams from the rapid reserve pool in
Teams from the rapid reserve pool in
Teams from the rapid reserve
Teams from the rapid reserve
accordance with Article 19(5), and
accordance with Article 19(5), and
reaction pool in accordance with
reaction pool in accordance with
where necessary, he or she shall
where necessary, he or she shall
Article 19(5), and where necessary,
Article 19(5)
and the rapid reaction
decide on the immediate
decide on the immediate
he or she shall decide on the
equipment pool in accordance with
reinforcement by one or more
reinforcement by one or more
immediate reinforcement by one or
article 38(3a), and where necessary,
European Border and Coast Guard
European Border and coastGuard
more European Border and Coast
he or she shall decide on the
Teams, in accordance with Article
Teams, in accordance with Article
Guard Teams, in accordance with
immediate reinforcement by one or
19(6).
19(6).
Article 19(6).
more European Border and Coast
Guard Teams, in accordance with
Article 19(6).
6.
The Executive Director
6.
The Executive Director
6.
The Executive Director
6.
The Executive Director
together with the host Member State
together with the host Member State
together with the host Member State
together with the host Member State
shall draw up an operational plan as
shall draw up an operational plan as
shall draw up an operational plan as
shall draw up an operational plan as
referred to in Article 15(3)
referred to in Article 15(3)
referred to in Article 15(3)
referred to in Article 15(3)
immediately and in any event no
immediately and in any event no
immediately and in any event no
immediately and in any event no
later than three working days from
later than three working days from
later than three working days from
later than three working days from
the date of the decision.
the date of the decision.
the date of the decision.
the date of the decision.
112
7.
As soon as the operational plan
7.
As soon as the operational plan
7.
As soon as the operational plan
7.
As soon as the operational plan
has been agreed upon, the Executive
has been agreed upon and provided
has been agreed upon, the Executive
has been agreed upon and provided
Director shall request the Member
to the Member States, the Executive
Director shall request the Member
to the Member States, the Executive
States to immediately deploy the
Director shall request in writing the
States to immediately deploy the
Director shall request in writing the
border guards that form part of the
Member States to immediately
border guards that form part of the
Member States to immediately
rapid reserve pool. The Executive
deploy the border guards or other
rapid reserve
reaction pool. The
deploy the border guards or other
Director shall indicate the profiles
relevant staff that form part of the
Executive Director shall indicate the
relevant staff that form part of the
and numbers of border guards,
rapid reserve pool. The Executive
profiles and numbers of border
rapid reserve
reaction pool. The
required from each Member State
Director shall indicate the profiles
guards, required from each Member
Executive Director shall indicate the
from among those identified in the
and numbers of border guards or
State from among those identified in
profiles and numbers of border
existing rapid reserve pool.
other relevant staff, required from
the existing rapid reserve
reaction
guards or other relevant staff,
each Member State from among
pool.
required from each Member State
those identified in the existing rapid
from among those identified in the
reserve pool.
existing rapid reserve
reaction pool.
8.
In parallel, and where
8.
In parallel, and where
8.
In parallel, and where
8.
In parallel, and where
necessary, to secure the immediate
necessary, to secure the immediate
necessary, to secure the immediate
necessary, to secure the immediate
reinforcement of the European
reinforcement of the European
reinforcement of the European
reinforcement of the European
Border and Coast Guard Teams
Border and Coast Guard Teams
Border and Coast Guard Teams
Border and Coast Guard Teams
deployed from the rapid reserve pool,
deployed from the rapid reserve pool,
deployed from the rapid reserve
deployed from the rapid reserve
the Executive Director shall inform
the Executive Director shall inform
reaction pool, the Executive Director
reaction pool, the Executive Director
the Member States of the requested
the Member States of the requested
shall inform the Member States of
shall inform the Member States of
number and profiles of border guards
number and profiles of border guards
the requested number and profiles of
the requested number and profiles of
which are to be additionally
or other relevant staff which are to be
border guards which are to be
border guards or other relevant staff
deployed. This information shall be
additionally deployed. This
additionally deployed. This
which are to be additionally
provided, in writing to the national
information shall be provided, in
information shall be provided, in
deployed. This information shall be
contact points and shall indicate the
writing to the national contact points
writing to the national contact points
provided, in writing to the national
date on which the deployment is to
and shall indicate the date on which
and shall indicate the date on which
contact points and shall indicate the
take place. A copy of the operational
the deployment is to take place. A
the deployment is to take place. A
date on which the deployment is to
plan shall also be provided to them.
copy of the operational plan shall
copy of the operational plan shall
take place. A copy of the operational
also be provided to them.
also be provided to them.
plan shall also be provided to them.
9.
If the Executive Director is
9.
If the Executive Director is
9.
If the Executive Director is
deleted
absent or indisposed, the decisions
absent or indisposed, the decisions
absent or indisposed, the decisions
related to the deployment of the rapid
related to the deployment of the rapid
related to the deployment of the rapid
reserve pool and any additional
reserve pool and any additional
reserve
reaction pool and any
113
deployment of European Border and
deployment of European Border and
additional deployment of European
Coast Guard Teams shall be taken by
Coast Guard Teams shall be taken by
Border and Coast Guard Teams shall
the Deputy Executive Director.
the Deputy Executive Director.
be taken by the Deputy Executive
Director.
10.
Member States shall ensure
10.
Member States shall ensure
10.
Member States shall ensure
10.
Member States shall ensure
that the border guards assigned to the
that the number and profiles of the
that the border guards assigned to the
that the number and profiles of the
rapid reserve pool are immediately
border guards or other relevant staff
rapid reserve
reaction pool are
border guards or other relevant staff
and without exception made
assigned to the rapid reserve pool are
immediately and without exception
assigned to the rapid reserve
available to the Agency. Member
immediately and without exception
made available to the Agency
to
reaction pool are immediately and
States shall also make additional
made available to the Agency in
guarantee a complete deployment
without exception made available to
border guards available for the
accordance with article 19(5) and
within three working days after the
the Agency
to guarantee a complete
deployment of European Border and
(5b). Member States shall also make
date on which the operational plan
deployment in accordance with
Coast Guard Teams at the request of
additional border guards and other
is agreed. Member States shall also
article 19(5) and (5b). Member States
the Agency, unless they are faced
relevant staff available from the
make additional border guards
shall also make additional border
with an exceptional situation
national pool in accordance with
available for the deployment of
guards and other relevant staff
substantially affecting the discharge
article 19(6). available for the
European Border and Coast Guard
available from the national pool in
of national tasks.
deployment of European Border and
Teams at the request of the Agency,
accordance with article 19(6).
Coast Guard Teams at the request of
unless they are faced with an
the Agency unless they are faced
exceptional situation substantially
with an exceptional situation
affecting the discharge of national
substantially affecting the discharge
tasks.
of national tasks.
11.
Deployment of the rapid
11.
Deployment of the rapid
11.
Deployment of the rapid
11.
Deployment of the rapid
reserve pool shall take place no later
reserve pool shall take place no later
reserve
reaction pool shall take place
reserve
reaction pool shall take place
than three working days after the
than three five working days after the
no later than three working days after
no later than three five working days
date on which the operational plan is
date on which the operational plan is
the date on which the operational
after the date on which the
agreed between the Executive
agreed between the Executive
plan is agreed between the Executive
operational plan is agreed between
Director and the host Member State.
Director and the host Member State.
Director and the host Member State.
the Executive Director and the host
Additional deployment of European
Additional deployment of European
Additional deployment of European
Member State. Additional
Border and Coast Guard Teams, shall
Border and Coast Guard Teams, shall
Border and Coast Guard Teams, shall
deployment of European Border and
take place where necessary, within
take place where necessary, within
take place where necessary, within
Coast Guard Teams, shall take place
five working days of the deployment
five seven working days of the
five working days of the deployment
where necessary, within five seven
of the rapid reserve pool.
deployment of the rapid reserve pool.
of the rapid reserve
reaction pool.
working days of the deployment of
the rapid reserve
reaction pool.
114
12.
In case the rapid reserve pool is
12.
In case the rapid reserve
deployed, the Executive Director
reaction pool is deployed, the
shall, in consultation with the
Executive Director shall, in
Management Board, immediately
consultation with the Management
consider the priorities with regard to
Board, immediately consider the
the Agency's ongoing and foreseen
priorities with regard to the Agency's
joint operations at other external
ongoing and foreseen joint
borders in order to provide for
operations at other external borders
possible reallocation of resources to
in order to provide for possible
the areas of external borders where a
reallocation of resources to the areas
strengthened deployment is most
of external borders where a
needed.
strengthened deployment is most
needed.
Article 17
Article 17
Article 17
Article 17
Migration management support
Migration management support
Migration management support
Migration management support
teams
teams
teams
teams
1.
Where a Member State faces
1.
Where a Member State faces
1.
Where a Member State faces
1.
Where a Member State faces
disproportionate migratory pressures
disproportionate migratory pressures
disproportionate migratory pressures
disproportionate migratory pressures
at particular hotspot areas of its
at particular hotspot areas of its
at particular hotspot areas of its
at particular hotspot areas of its
external border characterised by
external border characterised by
external border
borders characterised
external border
borders characterised
large influxes of mixed migratory
large influxes of mixed migratory
by large influxes of mixed migratory
by large influxes of mixed migratory
flows, that Member State may
flows, that Member State may
flows, that Member State may
flows, that Member State may
request the operational and technical
request the operational and technical
request the operational and technical
request the operational and technical
reinforcement by migration
reinforcement by migration
reinforcement by migration
reinforcement by migration
management support teams. That
management support teams. That
management support teams. That
management support teams. That
Member State shall submit a request
Member State shall submit a request
Member State shall submit a request
Member State shall submit a request
for reinforcement and an assessment
for reinforcement and an assessment
for reinforcement and an assessment
for reinforcement and an assessment
of its needs to the Agency and other
of its needs to the Agency. The
of its needs to the Agency and other
of its needs to the Agency and other
relevant Union Agencies in particular
Agency shall inform the other
relevant Union Agencies in particular
relevant Union Agencies in particular
the European Asylum Support Office
relevant Union Agencies and in
the European Asylum Support Office
the European Asylum Support Office
and Europol.
particular the European Asylum
EASO and Europol.
EASO and Europol.
Support Office and Europol.
2.
The Executive Director, in
2.
The Executive Director, in
2.
The Executive Director, in
2.
The Executive Director, in
coordination with other relevant
coordination with other relevant
coordination with other relevant
coordination with other relevant
115
Union Agencies, shall assess the
Union Agencies, shall assess the
Union Agencies, shall assess the
Union Agencies, shall assess the
request for assistance of a Member
request for assistance of a Member
request for assistance of a Member
request for assistance of a Member
State and the assessment of its needs
State and the assessment of its needs
State and the assessment of its needs
State and the assessment of its needs
for the purpose of defining a
for the purpose of defining a
for the purpose of defining a
for the purpose of defining a
comprehensive reinforcement
comprehensive reinforcement
comprehensive reinforcement
comprehensive reinforcement
package consisting of various
package consisting of various
package consisting of various
package consisting of various
activities coordinated by the relevant
activities coordinated by the relevant
activities coordinated by the relevant
activities coordinated by the relevant
Union Agencies to be agreed upon
Union Agencies to be agreed upon
Union Agencies to be agreed upon
Union Agencies to be agreed upon
by the Member State concerned.
by the Member State concerned.
by the Member State concerned.
by the Member State concerned.
2a.
The Commission shall, in
2a.
The Commission shall be
2a. The Commission shall, in
cooperation with the host Member
responsible for coordinating swift
cooperation with the host member
State, the Agency and the other
cooperation between the different
state and the relevant agencies,
relevant Union Agencies and in
agencies and migration
establish the modalities of
particular the European Asylum
management support teams.
cooperation at the hotspot area and
Support Office and Europol,
be responsible for the coordination
establish the modalities of
of the activities of the migration
cooperation at the hotspot area,
management support teams.
including on the coordination of the
activities of the migration
management support teams.
116
3.
The operational and technical
3.
The operational and technical
3.
The operational and technical
3.
The operational and technical
reinforcement provided by the
reinforcement provided by the
reinforcement provided by the
reinforcement provided by the
European Border and Coast Guard
European Border and Coast Guard
European Border and Coast Guard
European Border and Coast Guard
Teams, the European Return
Teams, the European Return
Teams, the European Return
Teams, the European Return
Intervention Teams and experts from
Intervention Teams and experts from
Intervention Teams and experts from
Intervention Teams and experts from
the Agency’s staff in the framework
the Agency’s staff in the framework
the Agency’s staff in the framework
the Agency’s staff in the framework
of the migration management support
of the migration management support
of the migration management support
of the migration management support
teams, may include:
teams, may include:
teams, may include:
teams, may include:
(a)
the screening of third-country
(a)
the screening of third-country
(a)
providing assistance in the
(a)
providing assistance in the
nationals arriving at the external
nationals arriving at the external
screening of third-country nationals
screening of third-country nationals
borders, including the identification,
borders, including the identification,
arriving at the external borders,
arriving at the external borders,
registration, and debriefing of those
registration, and debriefing of those
including the identification,
including the identification,
third-country nationals and, where
third-country nationals and, where
registration, and debriefing of those
registration, and debriefing of those
requested by the Member State, the
requested by the Member State, the
third-country nationals and, where
third-country nationals and, where
fingerprinting of third-country
fingerprinting of third-country
requested by the Member State, the
requested by the Member State, the
nationals;
nationals;
fingerprinting of third-country
fingerprinting of third-country
nationals
in full respect for
nationals
in full respect for
fundamental rights and providing
fundamental rights and providing
information regarding the purpose
information regarding the purpose
and outcome of all procedures;
of these procedures;
(b)
the provision of information to
(b)
the provision of information to
(b)
the provision of information to
deleted
persons in clear need of international
persons in clear need of international
persons in clear need of international
protection or to applicants or
protection, including or to applicants
protection or to applicants or
potential applicants for relocation;
or potential applicants to persons
potential applicants for relocation;
eligible for relocation;
(ba) the referral of persons who
(ba) the referral of and provision of
wish to apply for international
initial information to persons who
protection to asylum experts of the
wish to apply for international
national authorities of the Member
protection to asylum experts of the
State concerned or EASO;
competent national authorities of the
Member State concerned or EASO;
(c)
technical and operational
(c)
technical and operational
(c)
technical and operational
(c)
technical and operational
assistance in the field of return,
assistance in the field of return,
assistance in the field of return,
assistance in the field of return,
including the preparation and
including the preparation and
including the preparation and
117
including the preparation and
organisation of return operations.
organisation of return operations.
organisation of return operations.
organisation of return operations.
3a.
Migration management
3a. Migration management support
support teams shall include experts
teams shall, where necessary, include
in child protection, trafficking in
staff with expertise in child
human beings, protection against
protection, trafficking in human
gender-based persecution and
beings, protection against gender-
fundamental rights.
based persecution and/or
fundamental rights.
4.
The Agency shall assist the
4.
The Agency shall assist the
4.
The Agency shall assist the
deleted
Commission in the coordination of
Commission in the coordination of
Commission in the coordination of
the activities of the migration
the activities of the migration
the activities of the migration
management support teams, in
management support teams, in
management support teams, in
cooperation with the other relevant
cooperation with the other relevant
cooperation with the other relevant
Union Agencies.
Union Agencies.
Union Agencies.
4a.
The Agency, in cooperation
deleted
with EASO, the Fundamental
Rights Agency and other relevant
Union agencies and under the
coordination of the Commission,
shall ensure the compliance of those
activities with the Common
European Asylum System and
fundamental rights. This includes
the provision of shelter, hygienic
conditions and facilities respecting
the needs of women and children in
the hotspot areas.
118
Article 18
Article 18
Article 18
Article 18
Situation at the external borders
Situation at the external borders
Situation at the external borders
Situation at the external borders
requiring urgent action
requiring urgent action
requiring urgent action
requiring urgent action
1.
Where a Member State does
1.
Where a Member State does
1.
Where a Member State does
1.
Where a Member State does
not take the necessary corrective
not take the necessary corrective
not take the necessary corrective
not take the necessary corrective
measures in accordance with a
measures in accordance with a
measures in accordance with a
measures in accordance with a
decision of the Management Board
decision of the Management Board
decision of the Management Board
decision of the Management Board
referred to in Article 12(6) or in the
referred to in Article 12(6 8) or in the
referred to in Article 12
(6
5) or in the
referred to in Article 12(6 8) or in the
event of disproportionate migratory
event of a specific and
event of disproportionate migratory
event of a specific and
pressure at the external border,
disproportionate migratory pressure
pressure at the external border
disproportionate migratory pressure
rendering the control of the external
at the external border where a
rendering the control of the external
at the external border where a
borders ineffective to such an extent
Member State has not requested the
borders ineffective to such an extent
Member State has not requested the
that it risks putting in jeopardy the
Agency for sufficient support by
that it risks putting in jeopardy the
Agency for sufficient support by
functioning of the Schengen area, the
means of actions as mentioned in
functioning of the Schengen area
as
means of actions as mentioned in
Commission, after consulting the
Articles 14, 16 or 17 or is not taking
an area without internal border
Articles 14, 16 or 17 or is not taking
Agency, may adopt a decision by
the necessary actions for the
control, the Commission, after
the necessary actions for the
means of an implementing act,
implementation of these measures,
consulting the Agency, may adopt a
implementation of these measures,
identifying the measures to be
thus, rendering the control of the
decision by means of an
present to
thus, rendering the control of the
implemented by the Agency and
external borders ineffective to such
the Council a proposal for an
external borders ineffective to such
requiring the Member State
an extent that it risks putting in
implementing act
decision,
an extent that it risks putting in
concerned to cooperate with the
jeopardy the functioning of the
identifying the measures to be
jeopardy the functioning of the
Agency in the implementation of
Schengen area, the Council, based on
implemented by the Agency and
Schengen area, the Council, based on
those measures. Those implementing
a proposal from the Commission,
requiring the Member State
a proposal from the Commission,
acts shall be adopted in accordance
may adopt without delay a decision
concerned to cooperate with the
may adopt without delay a decision
with the examination procedure
by means of an implementing act,
Agency in the implementation of
by means of an implementing act,
referred to in Article 79(2).
identifying the measures that should
those measures. Those
That
identifying the measures that should
On duly justified imperative grounds
mitigate these risks to be
implementing acts
decision shall be
mitigate these risks to be
of urgency relating to the functioning
implemented by the Agency and
adopted in accordance with the
implemented by the Agency and
of the Schengen area, the
requiring the Member State
examination procedure referred to in
requiring the Member State
Commission shall adopt immediately
concerned to cooperate with the
Article 79(2)
by the Council with a
concerned to cooperate with the
applicable implementing acts in
Agency in the implementation of
qualified majority vote.
Agency in the implementation of
accordance with the procedure
those measures. The cCommission
The Council shall meet immediately
those measures. The c Commission
referred to in Article 79(5)
shall consult the Agency before
following receipt of the Commission
shall consult the Agency before
making its proposal. Those
proposal.
making its proposal.
119
implementing acts shall be adopted
in accordance with the examination
procedure referred to in Article
79(2).
On duly justified imperative grounds
of urgency relating to the functioning
of the Schengen area, the
Commission shall adopt immediately
applicable implementing acts in
accordance with the procedure
referred to in Article 79(5).
1a.
If a situation requiring urgent
1a.
If a situation requiring urgent
action arises, the European
action arises, the European
Parliament shall be informed of that
Parliament shall be informed of that
situation without delay and shall be
situation without delay and shall be
informed of all subsequent
informed of all subsequent
measures and decisions taken in
measures and decisions taken in
response.
response.
2.
For the purposes of paragraph
2.
In order to mitigate the risk of
2.
For the purposes of paragraph
2.
In order to mitigate the risk of
1, the Commission shall provide for
putting in jeopardy the Schengen
1, the Commission shall provide for
putting in jeopardy the Schengen
one or more of the following
area For the purposes of paragraph 1,
one or more of the following
area For the purposes of paragraph 1,
measures to be taken by the Agency:
the decision Commission shall
measures to be taken by the Agency:
the decision Commission shall
provide for one or more of the
provide for one or more of the
following measures to be taken by
following measures to be taken by
the Agency:
the Agency:
(a)
organise and coordinate rapid
(a)
organise and coordinate rapid
(a)
organise and coordinate rapid
(a)
organise and coordinate rapid
border interventions and deploy
border interventions and deploy
border interventions and deploy
border interventions and deploy
European Border and Coast Guard
European Border and Coast Guard
European Border and Coast Guard
European Border and Coast Guard
Teams from the rapid reserve pool,
Teams from the rapid reserve pool,
Teams from the rapid reserve
Teams from the rapid reserve
and additional European Border and
and additional European Border and
reaction pool, and additional
reaction pool, and additional
Coast Guards Teams as appropriate;
Coast Guards Teams as appropriate;
European Border and Coast Guards
European Border and Coast Guards
Teams as appropriate;
Teams as appropriate;
(b)
deploy European Border and
(b)
deploy European Border and
(b)
deploy European Border and
(b)
deploy European Border and
Coast Guard Teams in the framework
Coast Guard Teams in the framework
Coast Guard Teams in the framework
Coast Guard Teams in the framework
120
of the migration management support
of the migration management support
of the migration management support
of the migration management support
teams at hotspot areas;
teams at hotspot areas;
teams at hotspot areas;
teams at hotspot areas;
121
(c)
coordinate activities for one or
(c)
coordinate activities for one or
(c)
coordinate activities for one or
(c)
coordinate activities for one or
more Member States and third
more Member States and third
more Member States and third
more Member States and third
countries at the external borders,
countries at the external borders,
countries at the external borders,
countries at the external borders,
including joint operations with
including joint operations with
including joint operations with
including joint operations with
neighbouring third countries;
neighbouring third countries;
neighbouring third countries;
neighbouring third countries;
(d)
deploy technical equipment;
(d)
deploy technical equipment;
(d)
deploy technical equipment;
(d)
deploy technical equipment;
(e)
organise return interventions.
(e)
organise return interventions.
(e)
organise return interventions.
(e)
organise return interventions.
3.
The Executive Director shall,
3.
The Executive Director shall,
3.
The Executive Director shall,
3.
The Executive Director shall,
within two working days from the
within two working days from the
within two working days from the
within two working days from the
date of adoption of the Commission
date of adoption of the Commission
date of adoption of the Commission
date of adoption of the Commission
decision, and on the advice of the
Council decision, and on the advice
Council decision, and on the advice
Council decision, and on the advice
Supervisory Board, determine the
of the Supervisory Board, determine
of the Supervisory
Advisory Board,
of the Supervisory Board, determine
actions needed to be taken for the
the actions needed to be taken for the
determine the actions needed to be
the actions needed to be taken for the
practical execution of the measures
practical execution of the measures
taken for the practical execution of
practical execution of the measures
identified in the Commission
identified in the Commission Council
the measures identified in the
identified in the Commission Council
decision, including the technical
decision, including the technical
Commission decision, including the
decision, including the technical
equipment as well as the number and
equipment as well as the number and
technical equipment as well as the
equipment as well as the number and
profiles of the border guards and
profiles of the border guards and
number and profiles of the border
profiles of the border guards and
other relevant staff needed to meet
other relevant staff needed to meet
guards and other relevant staff
other relevant staff needed to meet
the objectives of that decision.
the objectives of that decision.
needed to meet the objectives of that
the objectives of that decision.
decision
.:
(a)
determine the actions needed
(a)
determine the actions needed
to be taken for the practical
to be taken for the practical
execution of the measures identified
execution of the measures identified
in the Commission decision,
in the Council decision, including
including the technical equipment
the technical equipment as well as
as well as the number and profiles
the number and profiles of the
of the border guards and other
border guards and other relevant
relevant staff needed to meet the
staff needed to meet the objectives of
objectives of that decision;
that decision;
(b)
submit a draft operational
(b)
draw up an submit a draft
plan to the Member State
operational plan and provide it to the
concerned.
Member States concerned.
122
4.
In parallel and within the same
4.
In parallel and within the same
4.
In parallel and within the same
4.
In parallel and within the same
two working days, the Executive
two working days, the Executive
two working days, the Executive
two working days, the Executive
Director shall submit a draft
Director shall draw up an submit a
Director shall submit a draft
Director shall draw up an submit a
operational plan to the Member State
draft operational plan and provide it
operational plan to the Member State
draft operational plan and provide it
concerned. The Executive Director
to the Member States concerned to
concerned. The Executive Director
to the Member States concerned to
and the Member State concerned
the Member State concerned. The
and the Member State concerned
the Member State concerned. The
shall draw up the operational plan
Executive Director and the Member
shall draw up
agree upon the
Executive Director and the Member
within two working days from the
State concerned shall agree on the
operational plan within two working
State concerned shall agree on the
date of its submission.
operational plan draw up the
days from the date of its submission.
operational plan draw up the
operational plan within two three
operational plan within two three
working days from the date of its
working days from the date of its
submission.
submission.
123
5.
The Agency shall, without
5.
The Agency shall, without
5.
The Agency shall, without
(5).
The Agency shall, without
delay and in any case within three
delay and in any case within three
delay and in any case within three
delay and in any case within three
working days from establishment of
five working days from
working days from establishment of
five working days from
the operational plan, deploy the
establishment of the operational plan,
the operational plan, deploy the
establishment of the operational plan,
necessary technical equipment and
deploy the necessary technical
necessary technical equipment and
deploy the necessary technical
staff from the rapid reserve pool
equipment and staff from the rapid
staff from the rapid reserve
reaction
equipment and staff from the rapid
referred to in Article 19(5) for the
reserve pool referred to in Article
pool referred to in Article 19(5) for
reserve pool referred to in Article
practical execution of the measures
19(5) for the practical execution of
the practical execution of the
19(5) for the practical execution of
set out in the Commission decision.
the measures set out in the
measures set out in the Commission
the measures set out in the
Additional technical equipment and
CouncilCommission decision.
Council decision. Additional
CouncilCommission decision.
European Border and Coast Guard
Additional technical equipment and
technical equipment and European
Additional European Border and
Teams shall be deployed as
European Border and Coast Guard
Border and Coast Guard Teams shall
Coast Guard Teams shall be
necessary at a second stage and in
Teams shall be deployed as
be deployed as necessary at a second
deployed as necessary at a second
any case within five working days
necessary at a second stage and in
stage and in any case within five
stage and in any case within five
from the deployment of the rapid
any case within five seven working
working days from the deployment
seven working days from the
reserve pool.
days from the deployment of the
of the rapid reserve
reaction pool.
deployment of the rapid reserve
rapid reserve pool.
reaction pool.
5a
The Agency shall, without
5a.
The Agency shall, without
delay and in any case within the
delay and in any case within the
number of working days mentioned
number of working days mentioned
in article 38(4) from the
in article 38(3a) from the
establishment of the operational plan,
establishment of the operational plan,
deploy the necessary technical
deploy the necessary technical
equipment for the practical execution
equipment for the practical execution
of the measures set out in the Council
of the measures set out in the Council
decision. Additional technical
decision.
equipment shall be deployed as
necessary at a second stage and in
Additional technical equipment shall
any case within the same number of
be deployed as necessary at a second
working days mentioned in article
stage in accordance with the relevant
38(4) from the additional request.
provisions of article 38.
124
6.
The Member State concerned
6.
The Member State concerned
6.
The Member State concerned
6.
The Member State concerned
shall comply with the Commission
shall comply with the Council
shall comply with the Commission
shall comply with the Council
decision and for that purpose it shall
decision and for that purpose it shall
Council decision and for that
decision and for that purpose it shall
immediately cooperate with the
immediately cooperate with the
purpose it shall immediately
immediately cooperate with the
Agency and take the necessary action
Agency and take the necessary action
cooperate with the Agency and take
Agency and take the necessary action
to facilitate the implementation of
to facilitate the implementation of
the necessary action to facilitate the
to facilitate the implementation of
that decision and the practical
that decision and the practical
implementation of that decision and
that decision and the practical
execution of the measures set out in
execution of the measures set out in
the practical execution of the
execution of the measures set out in
that decision and in the operational
that decision and in the operational
measures set out in that decision and
that decision and in the operational
plan agreed upon with the Executive
plan agreed upon with the Executive
in the operational plan agreed upon
plan agreed upon with the Executive
Director.
Director.
with the Executive Director.
Director.
7.
The Member States shall make
7.
The Member States shall make
7.
The Member States shall make
7.
The Member States shall make
available the border guards and other
available the border guards and other
available the border guards and other
available the border guards and other
relevant staff determined by the
relevant staff, or staff involved in
relevant staff determined by the
relevant staff, or staff involved in
Executive Director in accordance
return-related tasks, determined by
Executive Director in accordance
return-related tasks, determined by
with paragraph 2. The Member
the Executive Director in accordance
with paragraph 2. The Member
the Executive Director in accordance
States may not invoke the
with paragraph 2. The Member
States may not invoke the
with paragraph 2. The Member
exceptional situation referred to in
States may not invoke the
exceptional situation referred to in
States may not invoke the
Article 19(3) and (6).
exceptional situation referred to in
Article 19(3) and (6).
exceptional situation referred to in
Article 19(3) and (6).
Article 19(3) and (6).
8.
If the Member State concerned
7a.
The Commission shall
8. If the Member State concerned
does not comply within 30 days with
monitor the proper implementation
does not comply within 30 days with
the Council decision and does not
of the measures identified in the
the Council decision and does not
cooperate with the Agency as
Council decision and the actions
cooperate with the Agency as
provided for under paragraph 6, that
taken, for that purpose, by the
provided for under paragraph 6, the
Member State shall without delay
Agency and Member States in order
Commission may trigger the
inform the Commission and Council
to ensure a proper European border
application of the procedure provided
in writing of its reasons. The Council
management.
for in Article 29 of Regulation (EU)
may, where the overall functioning
n. 399/2016.
of the Schengen Area is at risk as a
result of those circumstances, as a
New article 80a:
last resort and as a measure to protect
Article XXX
the common interests within the
Amendment to Regulation (EU)
Schengen, and insofar as those
2016/399
125
circumstances constitute a serious
threat to public policy or internal
Article 29 of Regulation (EU)
security within the Schengen Area or
2016/399 is amended as follows:
within parts thereof, taking into
(1) paragraph 1 is replaced by the
account the principles of
following:
proportionality and necessity,
"1. In exceptional circumstances
recommend that one or more
where the overall functioning of the
Member States decide to reintroduce
area without internal border control
border control at all or specific parts
is put at risk as a result of persistent
of their internal borders for a period
serious deficiencies relating to
of up to six months. That period may
external border control as referred to
be prolonged, no more than three
in Article 21 of this Regulation
or as
times, for a further period of up to six
a result of the non-compliance of a
months if the above circumstances
Member State with a Council
persists. The Council’s
decision referred to in Article 18(1)
recommendation shall be based on a
of Regulation (EU) 2016/… of the
Commission proposal.
European Parliament and of the
In the event that the recommendation
Council*, and insofar as those
referred to in this paragraph is not
circumstances constitute a serious
implemented by a Member State, that
threat to public policy or internal
Member State shall without delay
security within the area without
inform the Commission in writing of
internal border control or within parts
its reasons.
thereof, border control at internal
In such a case, the Commission shall
borders may be reintroduced in
present a report to the European
accordance with paragraph 2 of this
Parliament and to the Council
Article for a period of up to six
assessing the reasons provided by the
months. That period may be
Member State concerned and the
prolonged, no more than three times,
consequences for protecting the
for a further period of up to six
common interests of the Schengen
months if the exceptional
area.
circumstances persist.
Article 26 (2) subparagraphs 2 to 4
______________________________
and Article 26(4) and (5) of
_____
126
Regulation 562/2006 shall apply
* Regulation (EU) 2016/… of the
accordingly.
European Parliament and of the
Council of … on the European
Border [and Coast] Guard and
repealing Regulation (EC) No
2007/2004, Regulation (EC) No
863/2007 and Council Decision
2005/267/EC, and amending
Regulation (EU) 2016/399 of the
European Parliament and of the
Council.";
Article 19
Article 19
Article 19
Article 19
Composition and deployment of
Composition and deployment of
Composition and deployment of
Composition and deployment of
European Border and Coast Guard
European Border and Coast Guard
European Border and Coast Guard
European Border and Coast Guard
Teams
Teams
Teams
Teams
1.
The Agency shall deploy
1.
The Agency shall deploy
1.
The Agency shall deploy
1.
The Agency shall deploy
border guards and other relevant staff
border guards and other relevant staff
border guards and other relevant staff
border guards and other relevant staff
as members of the European Border
as members of the European Border
as members of the European Border
as members of the European Border
and Coast Guard Teams to joint
and Coast Guard Teams to joint
and Coast Guard Teams to joint
and Coast Guard Teams to joint
operations, rapid border interventions
operations, rapid border interventions
operations, rapid border interventions
operations, rapid border interventions
and in the framework of the
and in the framework of the
and in the framework of the
and in the framework of the
migration management support
migration management support
migration management support
migration management support
teams. The Agency may also deploy
teams. The Agency may also deploy
teams. The Agency may also deploy
teams. The Agency may also deploy
experts from its own staff.
experts from its own staff.
experts from its own staff.
experts from its own staff.
2.
On a proposal by the Executive
2.
On a proposal by the Executive
2.
On a proposal by the Executive
2.
On a proposal by the Executive
Director, the Management Board
Director, the Management Board
Director, the Management Board
Director, the Management Board
shall decide by an absolute majority
shall decide by an absolute majority
shall decide by an absolute majority
shall decide by an absolute majority
of its members with a right to vote on
of its members with a right to vote on
of its members with a right to vote on
of its members with a right to vote on
the profiles and the overall number
the profiles and the overall number
the profiles and the overall number
the profiles and the overall number
of border guards to be made
of border guards and other relevant
of border guards to be made
of border guards and other relevant
available for the European Border
staff to be made available for the
available for the European Border
staff to be made available for the
and Coast Guard Teams. The same
European Border and coastGuard
and Coast Guard Teams. The same
European Border and Coast Guard
procedure shall apply with regard to
Teams. The same procedure shall
procedure shall apply with regard to
Teams. The same procedure shall
any subsequent changes in the
apply with regard to any subsequent
any subsequent changes in the
apply with regard to any subsequent
127
profiles and the overall numbers.
changes in the profiles and the
profiles and the overall numbers.
changes in the profiles and the
Member States shall contribute to the
overall numbers. Member States
Member States shall contribute to the
overall numbers. Member States
European Border and Coast Guard
shall contribute to the European
European Border and Coast Guard
shall contribute to the European
Teams through a national pool on the
Border and coastGuard Teams
Teams through a national pool on the
Border and Coast Guard Teams
basis of the various defined profiles
through a national pool on the basis
basis of the various defined profiles
through a national pool on the basis
by nominating border guards
of the various defined profiles by
by nominating border guards
of the various defined profiles by
corresponding to the required
nominating border guards and other
corresponding to the required
nominating border guards and other
profiles.
relevant staff corresponding to the
profiles.
relevant staff corresponding to the
required profiles.
required profiles.
3.
The contribution by Member
3.
The contribution by Member
3.
The contribution by Member
3.
The contribution by Member
States as regards their border guards
States as regards their border guards
States as regards their border guards
States as regards their border guards
to specific joint operations for the
and other relevant staff to specific
to specific joint operations for the
to specific joint operations for the
following year shall be planned on
joint operations for the following
following year shall be planned on
following year shall be planned on
the basis of annual bilateral
year shall be planned on the basis of
the basis of annual bilateral
the basis of annual bilateral
negotiations and agreements between
annual bilateral negotiations and
negotiations and agreements between
negotiations and agreements between
the Agency and Member States. In
agreements between the Agency and
the Agency and Member States. In
the Agency and Member States. In
accordance with those agreements,
Member States. In accordance with
accordance with those agreements,
accordance with those agreements,
Member States shall make the border
those agreements, Member States
Member States shall make the border
Member States shall make the border
guards available for deployment at
shall make the border guards or other
guards available for deployment at
guards available for deployment at
the request of the Agency, unless
relevant staff available for
the request of the Agency, unless
the request of the Agency, unless
they are faced with an exceptional
deployment at the request of the
they are faced with an exceptional
they are faced with an exceptional
situation substantially affecting the
Agency, unless they are faced with
situation substantially affecting the
situation substantially affecting the
discharge of national tasks. Such a
an exceptional situation substantially
discharge of national tasks. Such a
discharge of national tasks. Such a
request shall be made at least 21
affecting the discharge of national
request shall be made at least 21
request shall be made at least 21
working days before the intended
tasks. Such a request shall be made at
working days before the intended
working days before the intended
deployment.
least 21 working days before the
deployment.
If a Member State
deployment.
If a Member State
intended deployment.
invokes such an exceptional
invokes such an exceptional
situation, it shall provide detailed
situation, it shall provide in writing
reasons and information on the
comprehensive reasons and
situation in a letter to the Agency,
information on the situation to the
the content of which shall be
Agency, the content of which shall
included in the report referred to in
be included in the report referred
paragraph 9.
to in paragraph 9.
128
4.
As regards rapid border
4.
As regards rapid border
4.
As regards rapid border
4.
As regards rapid border
interventions, on a proposal by the
interventions, on a proposal by the
interventions, on a proposal by the
interventions, on a proposal by the
Executive Director of the Agency,
Executive Director of the Agency,
Executive Director of the Agency,
Executive Director of the Agency,
the Management Board shall decide
the Management Board shall decide
the Management Board shall decide
the Management Board shall decide
by a three-quarter majority on the
by a three-quarter majority on the
by a three-quarter majority on the
by a three-quarter majority on the
profiles and the minimum number of
profiles and the minimum number of
profiles and the minimum number of
profiles and the minimum number of
border guards to be made available
border guards or other relevant staff
border guards to be made available
border guards or other relevant staff
for a rapid reserve pool of European
that correspond to these profiles to be
for a rapid reserve
reaction pool of
that correspond to these profiles to be
Border and Coast Guard Teams. The
made available for a rapid reserve
European Border and Coast Guard
made available for a rapid reserve
same procedure shall apply with
pool of European Border and Coast
Teams. The same procedure shall
reaction pool of European Border
regard to any subsequent changes in
Guard Teams. The same procedure
apply with regard to any subsequent
and Coast Guard Teams. The same
the profiles and the overall number
shall apply with regard to any
changes in the profiles and the
procedure shall apply with regard to
of border guards of the rapid reserve
subsequent changes in the profiles
overall number of border guards of
any subsequent changes in the
pool. Member States shall contribute
and the overall number of border
the rapid reserve
reaction pool.
profiles and the overall number of
to the rapid reserve pool via a
guards or other relevant staff of the
Member States shall contribute to the
border guards or other relevant staff
national expert pool on the basis of
rapid reserve pool. Member States
rapid reserve
reaction pool via a
of the rapid reserve
reaction pool.
the various defined profiles by
shall contribute to the rapid reserve
national expert pool on the basis of
Member States shall contribute to the
nominating border guards
pool via a national expert pool on the
the various defined profiles by
rapid reserve
reaction pool via a
corresponding to the required
basis of the various defined profiles
nominating border guards
national expert pool on the basis of
profiles.
by nominating border guards or other
corresponding to the required
the various defined profiles by
relevant staff corresponding to the
profiles.
nominating border guards or other
required profiles.
relevant staff corresponding to the
required profiles.
5.
The rapid reserve pool shall be
5.
The rapid reserve pool shall be
5.
The rapid reserve
reaction pool
5.
The rapid reserve
reaction
a standing corps placed at the
a standing corps placed at the
shall be a standing corps placed at
pool shall be a standing corps placed
immediate disposal of the Agency
immediate disposal of the Agency
the immediate disposal of the
at the immediate disposal of the
and which can be deployed from
and which can be deployed from
Agency and which can be deployed
Agency and which can be deployed
each Member State within three
each Member State within three five
from each Member State within three
from each Member State within three
working days from when the
working days from when the
working days from when the
five working days from when the
operational plan is agreed upon by
operational plan is agreed upon by
operational plan is agreed upon by
operational plan is agreed upon by
the Executive Director and the host
the Executive Director and the host
the Executive Director and the host
the Executive Director and the host
Member State. For that purpose, each
Member State. For that purpose, each
Member State. For that purpose, each
Member State. For that purpose, each
Member State shall, on a yearly
Member State shall, on a yearly
Member State shall, on a yearly
Member State shall, on a yearly
129
basis, make available to the Agency a
basis, make available to the Agency a
basis, make available to the Agency a
basis, make available to the Agency a
number of border guards
number of border guards or other
number of border guards
number of border guards or other
commensurate to at least 3% of the
relevant staff commensurate to at
commensurate to at least 3% of the
relevant staff commensurate to at
staff of Member States without land
least 3% of the staff of Member
staff of Member States without land
least 3% of the staff of Member
or sea external borders and 2% of the
States without land or sea external
or sea external borders and 2% of the
States without land or sea external
staff of Member States with land or
borders and 2% of the staff of
staff of Member States with land or
borders and 2% of the staff of
sea external borders, and which shall
Member States with land or sea
sea external borders, and which shall
Member States with land or sea
amount to a minimum of 1 500
external borders, and which shall
amount to a minimum of 1 500
external borders, and which shall
border guards, corresponding to the
amount to a minimum of 1 500
border guards, corresponding to the
amount to a minimum of 1 500
profiles identified by the decision of
border guards or other relevant staff,
profiles identified by the decision of
border guards or other relevant staff,
the Management Board.
corresponding to the profiles
the Management Board.
The Agency
corresponding to the profiles
identified by the decision of the
shall evaluate whether the border
identified by the decision of the
Management Board.
guards proposed by Member States
Management Board.
correspond to the defined profiles
The Agency may verify whether the
and shall decide on the border
border guards proposed by Member
guards to be chosen for the rapid
States correspond to the defined
reaction pool. The Agency shall
profiles and shall decide on the
have the power to remove a border
border guards to be chosen for the
guard from the pool in case of
rapid reaction pool. The Agency
misconduct or infringement of the
shall have the power may request
applicable rules.
the Member State to remove a
border guard from the pool in case
of misconduct or infringement of
the applicable rules.
130
5a.
Each Member State shall be
5a.
Each Member State shall be
responsible for the contribution to the
responsible for the contribution to the
number of border guards or other
number of border guards or other
relevant staff established in
relevant staff established in
paragraph 5, according to Annex I, in
paragraph 5, according to Annex I, in
accordance with the relevant profiles
accordance with the relevant profiles
referred to in paragraph 5.
referred to in paragraph 5.
5b.
Member States shall make the
5b.
Member States shall make the
border guards and/or other relevant
border guards and/or other relevant
staff from the Rapid Reserve Pool
staff from the rapid Reserve
reaction
available for deployment at the
pool available for deployment at the
request of the Agency. In case a risk
request of the Agency. In case a risk
analyses and if available, a
analyses and if available, a
vulnerability assessment, show that a
vulnerability assessment, show that a
Member State is faced with a
Member State is faced with a
situation that would substantially
situation that would substantially
affect the discharge of national tasks,
affect the discharge of national tasks,
the contribution for the deployment
the contribution for the deployment
of the rapid border intervention of
of the rapid border intervention of
the Member State concerned shall be
the Member State concerned shall be
half of the fixed contribution of
half of the fixed contribution of
Member States in annex I. A host
Member States in annex I. A host
Member State where a rapid border
Member State where a rapid border
intervention is taking place shall not
intervention is taking place shall not
deploy from its fixed contribution to
deploy from its fixed contribution to
the rapid reserve pool. If a shortage
the rapid reserve
reaction pool. If a
arises for the deployment of the rapid
shortage arises for the deployment of
border intervention, the Management
the rapid border intervention, the
Board, based on a proposal of the
Management Board, based on a
Executive Director, shall decide how
proposal of the Executive Director,
this shortage shall be filled.
shall decide how this shortage shall
be filled.
131
6.
Where necessary, the
6.
Where necessary, the
6.
Where necessary, the
6.
Where necessary, the
deployment of European Border and
deployment of European Border and
deployment of European Border and
deployment of European Border and
Coast Guard Teams from the rapid
coastGuard Teams from the rapid
Coast Guard Teams from the rapid
Coast Guard Teams from the rapid
reserve pool shall be immediately
reserve pool shall be immediately
reserve
reaction pool shall be
reserve
reaction pool shall be
complemented by additional
complemented by additional
immediately complemented by
immediately complemented by
European Border and Coast Guard
European Border and Coast Guard
additional European Border and
additional European Border and
Teams. For that purpose, Member
Teams. For that purpose, Member
Coast Guard Teams. For that
Coast Guard Teams. For that
States shall, at the request of the
States shall, at the request of the
purpose, Member States shall, at the
purpose, Member States shall, at the
Agency, immediately communicate
Agency, immediately communicate
request of the Agency, immediately
request of the Agency, immediately
the number, names and profiles of
the number, names and profiles of
communicate the number, names and
communicate the number, names and
border guards from their national
border guards and other relevant staff
profiles of border guards from their
profiles of border guards and other
pool which they are able to make
from their national pool which they
national pool which they are able to
relevant staff from their national pool
available within five working days
are able to make available within five
make available within five working
which they are able to make
from the start of the rapid border
seven working days from the start of
days from the start of the rapid
available within five seven working
intervention. Member States shall
the rapid border intervention.
border intervention. Member States
days from the start of the rapid
make the border guards available for
Member States shall make the border
shall make the border guards
border intervention. Member States
deployment at the request of the
guards or other relevant staff
available for deployment at the
shall make the border guards and
Agency unless they are faced with an
available for deployment at the
request of the Agency unless they are
other relevant staff available for
exceptional situation substantially
request of the Agency unless they are
faced with an exceptional situation
deployment at the request of the
affecting the discharge of national
faced with an exceptional a situation
substantially affecting the discharge
Agency unless they are faced with an
tasks.
substantially affecting the discharge
of national tasks.
If a Member State
exceptional situation substantially
of national tasks.
invokes such an exceptional
affecting the discharge of national
situation, it shall provide detailed
tasks.
If a Member State invokes
reasons and information on the
such an exceptional situation, it
situation in a letter to the Agency,
shall provide in writing
the content of which shall be
comprehensive detailed reasons and
included in the report referred to in
information on the situation to the
paragraph 9.
Agency, the content of which shall
be included in the report referred to
in paragraph 9.
132
6a.
If a situation arises in which
6a.
If a situation arises in which
more border guards are required
more border guards are required than
than provided for under paragraph
provided for under paragraph 5 and
5 and 6, the Executive Director shall 6, the Executive Director shall
immediately inform the European
immediately inform the European
Parliament, the European Council,
Parliament, the Council and the
the Council and the Commission. In
Commission and call upon the
such cases the European Council
Council to . In such cases the
shall seek commitments from
European Council shall seek
Member States to meet the shortage.
commitments from Member States to
meet the shortage.
7.
Member States shall ensure
7.
Member States shall ensure
7.
Member States shall ensure
7.
Member States shall ensure
that the border guards and other
that the border guards and other
that the border guards and other
that the border guards and other
relevant staff which they contribute
relevant staff which they contribute
relevant staff which they contribute
relevant staff which they contribute
match the profiles and the numbers
match the profiles and the numbers
match the profiles and the numbers
match the profiles and the numbers
decided upon by the Management
decided upon by the Management
decided upon by the Management
decided upon by the Management
Board. The duration of the
Board. The duration of the
Board. The duration of the
Board. The duration of the
deployment shall be determined by
deployment shall be determined by
deployment shall be determined by
deployment shall be determined by
the home Member State but in any
the home Member State but in any
the home Member State but in any
the home Member State but in any
case it shall not be less than 30 days.
case principle it shall not be less than
case it shall not be less than 30 days.
case it shall not be less than 30 days
30 days.
except if the operation has a shorter
duration than 30 days.
133
8.
The Agency shall contribute to
8.
The Agency shall contribute to
8.
The Agency shall contribute to
8.
The Agency shall contribute to
the European Border and Coast
the European Border and Coast
the European Border and Coast
the European Border and Coast
Guard Teams with competent border
Guard Teams with competent border
Guard Teams with competent border
Guard Teams with competent border
guards seconded by the Member
guards or other relevant staff
guards seconded by the Member
guards or other relevant staff
States as national experts to the
seconded by the Member States as
States as national experts to the
seconded by the Member States as
Agency. The contribution by
national experts to the Agency. The
Agency. The contribution by
national experts to the Agency. The
Member States as regards the
contribution by Member States as
Member States as regards the
contribution by Member States as
secondment of their border guards to
regards the secondment of their
secondment of their border guards to
regards the secondment of their
the Agency for the following year
border guards or other relevant staff
the Agency for the following year
border guards or other relevant staff
shall be planned on the basis of
to the Agency for the following year
shall be planned on the basis of
to the Agency for the following year
annual bilateral negotiations and
shall be planned on the basis of
annual bilateral negotiations and
shall be planned on the basis of
agreements between the Agency and
annual bilateral negotiations and
agreements between the Agency and
annual bilateral negotiations and
Member States. In accordance with
agreements between the Agency and
Member States. In accordance with
agreements between the Agency and
those agreements, Member States
Member States. In accordance with
those agreements, Member States
Member States. In accordance with
shall make the border guards
those agreements, Member States
shall make the border guards
those agreements, Member States
available for secondment, unless that
shall make the border guards or other
available for secondment, unless that
shall make the border guards or other
would seriously affect the discharge
relevant staff available for
would seriously affect the discharge
relevant staff available for
of national tasks. In such situations
secondment, unless that would
of national tasks. In such situations
secondment, unless that would
Member States may recall their
seriously affect the discharge of
Member States may recall their
seriously affect the discharge of
seconded border guards.
national tasks. In such situations
seconded border guards.
national tasks. In such situations
Such secondments may be for 12
Member States may recall their
Such secondments may be for 12
Member States may recall their
months or more but in any case it
seconded border guards or other
months or more but in any case it
seconded border guards or other
shall not be less than three months.
relevant staff.
shall not be less than three months.
relevant staff.
The seconded border guards shall be
Such secondments may be for 12
The seconded border guards shall be
Such secondments may be for 12
considered as members of the teams
months or more but in any case it
considered as members of the teams
months or more but in any case it
and they shall have the tasks and
shall not be less than three months.
and they shall have the tasks and
shall not be less than three months.
powers of the members of the teams.
The seconded border guards and
powers of the members of the teams.
The seconded border guards and
The Member State having seconded
other relevant staff shall be
The Member State having seconded
other relevant staff shall be
the border guards shall be considered
considered as members of the teams
the border guards shall be considered
considered as members of the teams
as the home Member State.
and they shall have the tasks and
as the home Member State.
The
and they shall have the tasks and
Other staff employed by the Agency
powers of the members of the teams.
disciplinary procedure of the
powers of the members of the teams.
on a temporary basis who are not
The Member State having seconded
Agency shall also apply to seconded
The Member State having seconded
qualified to perform border control
the border guards or other relevant
border guards.
the border guards or other relevant
functions shall only be deployed
Other staff employed by the Agency
134
during joint operations for
staff shall be considered as the home
on a temporary basis who are not
staff shall be considered as the home
coordination tasks and shall not form
Member State.
qualified to perform border control
Member State.
part of the European Border and
Other staff employed by the Agency
functions shall only be deployed
Other staff employed by the Agency
Coast Guard Teams.
on a temporary basis who are not
during joint operations for
on a temporary basis who are not
qualified to perform border control
coordination tasks and shall not form
qualified to perform border control
functions shall only be deployed
part of the European Border and
functions shall only be deployed
during joint operations for
Coast Guard Teams.
during joint operations for
coordination and other tasks which
coordination and other tasks which
do not require full border-guard
do not require full border-guard
traning and shall not form part of the
traning and shall not form part of the
European Border and Coast Guard
European Border and Coast Guard
Teams.
Teams.
9.
The Agency shall inform the
9.
The Agency shall inform the
9.
The Agency shall inform the
9.
The Agency shall inform the
European Parliament on an annual
European Parliament on an annual
European Parliament on an annual
European Parliament on an annual
basis of the number of border guards
basis of the number of border guards
basis of the number of border guards
basis of the number of border guards
that each Member State has
and other relevant staff that each
that each Member State has
that each Member State has
committed to the European Border
Member State has committed to the
committed
and the number of
committed
and the number of
and Coast Guard Teams in
European Border and Coast Guard
border guards actually deployed to
border guards actually deployed to
accordance with this Article.
Teams in accordance with this
the European Border and Coast
the European Border and Coast
Article.
Guard Teams in accordance with this
Guard Teams in accordance with this
Article.
This report shall list the
Article.
This report shall list the
Member States that invoked the
Member States that invoked the
exceptional situation referred to in
exceptional situation referred to in
paragraphs 3 and 6 in the previous
paragraphs 3 and 6 in the previous
year and include the reasons and
year and include the reasons and
information provided by the
information provided by the
Member State concerned.
Member State concerned.
Article 20
Article 20
Article 20
Article 20
Instructions to the European Border
Instructions to the European Border
Instructions to the European Border
Instructions to the European Border
and Coast Guard Teams
and Coast Guard Teams
and Coast Guard Teams
and Coast Guard Teams
1.
During deployment of
1.
During deployment of
1.
During deployment of
1.
During deployment of
European Border and Coast Guard
European Border and Coast Guard
European Border and Coast Guard
European Border and Coast Guard
Teams, the host Member State shall
Teams, the host Member State shall
Teams, the host Member State shall
Teams, the host Member State shall
issue instructions to the teams in
issue instructions to the teams in
135
issue instructions to the teams in
accordance with the operational plan.
issue instructions to the teams in
accordance with the operational plan.
accordance with the operational plan.
accordance with the operational plan.
2.
The Agency, through its
2.
The Agency, through its
2.
The Agency, through its
2.
The Agency, through its
Coordinating Officer, may
Coordinating Officer, may
Coordinating Officer, may
Coordinating Officer, may
communicate its views to the host
communicate its views to the host
communicate its views to the host
communicate its views to the host
Member State on the instructions
Member State on the instructions
Member State on the instructions
Member State on the instructions
given to European Border and Coast
given to European Border and Coast
given to European Border and Coast
given to European Border and Coast
Guard Teams. In that case, the host
Guard Teams. In that case, the host
Guard Teams. In that case,
If the
Guard Teams. In that case, the host
Member State shall take those views
Member State shall take those views
Agency has concerns as regards the
Member State shall take those views
into consideration and follow them to
into consideration and follow them to
instructions issued to the European
into consideration and follow them to
the extent possible.
the extent possible.
Border and Coast Guard Teams it
the extent possible.
shall communicate its views, which
the host Member State shall take
those views into consideration and
follow them to the extent possible.
3.
In cases where the instructions
3.
In cases where the instructions
3.
In cases where the instructions
3.
In cases where the instructions
issued to the European Border and
issued to the European Border and
issued to the European Border and
issued to the European Border and
Coast Guard Teams are not in
Coast Guard Teams are not in
Coast Guard Teams are not in
Coast Guard Teams are not in
compliance with the operational plan,
compliance with the operational plan,
compliance with the operational plan,
compliance with the operational plan,
the Coordinating Officer shall
the Coordinating Officer shall
the Coordinating Officer shall
the Coordinating Officer shall
immediately report to the Executive
immediately report to the Executive
immediately report to the Executive
immediately report to the Executive
Director, who may, where
Director, who may, where
Director, who may, where
Director, who may, where
appropriate, take action in
appropriate, take action in
appropriate, take action in
appropriate, take action in
accordance with Article 24(2).
accordance with Article 24(2).
accordance with Article 24(2).
accordance with Article 24(2).
4.
Members of the teams shall, in
4.
Members of the teams shall, in
4.
Members of the teams shall, in
4.
Members of the teams shall, in
the performance of their tasks and in
the performance of their tasks and in
the performance of their tasks and in
the performance of their tasks and in
the exercise of their powers, fully
the exercise of their powers, fully
the exercise of their powers, fully
the exercise of their powers, fully
respect fundamental rights, including
respect fundamental rights, including
respect fundamental rights, including
respect fundamental rights, including
access to asylum procedures, and
access to asylum procedures, and
access to asylum procedures, and
access to asylum procedures, and
human dignity. Any measures taken
human dignity. Any measures taken
human dignity. Any measures taken
human dignity. Any measures taken
in the performance of their tasks and
in the performance of their tasks and
in the performance of their tasks and
in the performance of their tasks and
in the exercise of their powers shall
in the exercise of their powers shall
in the exercise of their powers shall
in the exercise of their powers shall
be proportionate to the objectives
be proportionate to the objectives
be proportionate to the objectives
be proportionate to the objectives
pursued by such measures. While
pursued by such measures. While
pursued by such measures. While
pursued by such measures. While
136
performing their tasks and exercising
performing their tasks and exercising
performing their tasks and exercising
performing their tasks and exercising
their powers, they shall not
their powers, they shall not
their powers, they shall not
their powers, they shall not
discriminate against persons on
discriminate against persons on
discriminate against persons on
discriminate against persons on
grounds of sex, racial or ethnic
grounds of sex, racial or ethnic
grounds of sex
gender, racial or
grounds of sex, racial or ethnic
origin, religion or belief, disability,
origin, religion or belief, disability,
ethnic origin, religion or belief,
origin, religion or belief, disability,
age or sexual orientation.
age or sexual orientation.
disability, age or sexual orientation.
age or sexual orientation.
5.
Members of the teams shall
5.
Members of the teams shall
5.
Members of the teams shall
5.
Members of the teams shall
remain subject to the disciplinary
remain subject to the disciplinary
remain subject to the disciplinary
remain subject to the disciplinary
measures of their home Member
measures of their home Member
measures of their home Member
measures of their home Member
State. The home Member State shall
State
. The home Member State shall
State. The home Member State shall
State
. The home Member State shall
provide for appropriate disciplinary
provide for appropriate disciplinary
provide for appropriate disciplinary
provide for appropriate disciplinary
or other measures in accordance with
or other measures in accordance with
or other measures in accordance with
or other measures in accordance with
its national law in case of violations
its national law in case of violations
its national law in case of violations
its national law in case of violations
of fundamental rights or international
of fundamental rights or international
of fundamental rights or international
of fundamental rights or international
protection obligations in the course
protection obligations in the course
protection obligations in the course
protection obligations in the course
of a joint operation or rapid border
of a joint operation or rapid border
of a joint operation or rapid border
of a joint operation or rapid border
intervention.
intervention.
intervention.
intervention.
Article 21
Article 21
Article 21
Article 21
Coordinating officer
Coordinating officer
Coordinating officer
Coordinating officer
1.
The Agency shall ensure the
1.
The Agency shall ensure the
1.
The Agency shall ensure the
1.
The Agency shall ensure the
operational implementation of all the
operational implementation of all the
operational implementation of all the
operational implementation of all the
organisational aspects, including the
organisational aspects, including the
organisational aspects, including the
organisational aspects, including the
presence of staff members of the
presence of staff members of the
presence of staff members of the
presence of staff members of the
Agency during the joint operations,
Agency during the joint operations,
Agency during the joint operations,
Agency during the joint operations,
pilot projects or rapid border
pilot projects or rapid border
pilot projects or rapid border
pilot projects or rapid border
interventions.
interventions.
interventions.
interventions.
2.
The Executive Director shall
2.
The Executive Director shall
2.
The Executive Director shall
2.
The Executive Director shall
appoint one or more experts from the
appoint one or more experts from the
appoint one or more experts from the
appoint one or more experts from the
staff of the Agency to be deployed as
staff of the Agency to be deployed as
staff of the Agency to be deployed as
staff of the Agency to be deployed as
coordinating officer for each joint
coordinating officer for each joint
coordinating officer for each joint
coordinating officer for each joint
operation or rapid border
operation or rapid border
operation or rapid border
operation or rapid border
intervention. The Executive Director
intervention. The Executive Director
intervention. The Executive Director
intervention. The Executive Director
shall notify the host Member State of
shall notify the host Member State of
shall notify the host Member State of
shall notify the host Member State of
the appointment.
the appointment.
the appointment.
the appointment.
137
3.
The coordinating officer shall
3.
The coordinating officer shall
3.
The coordinating officer shall
3.
The coordinating officer shall
act on behalf of the Agency in all
act on behalf of the Agency in all
act on behalf of the Agency in all
act on behalf of the Agency in all
aspects of the deployment of the
aspects of the deployment of the
aspects of the deployment of the
aspects of the deployment of the
European Border and Coast Guard
European Border and coastGuard
European Border and Coast Guard
European Border and Coast Guard
Teams. The role of the coordinating
Teams. The role of the coordinating
Teams. The role of the coordinating
Teams. The role of the coordinating
officers shall be to foster cooperation
officers shall be to foster cooperation
officers shall be to foster cooperation
officers shall be to foster cooperation
and coordination amongst host and
and coordination amongst host and
and coordination amongst host and
and coordination amongst host and
participating Member States. In
participating Member States. In
participating Member States. In
participating Member States. In
particular, the coordinating officer
particular, the coordinating officer
particular, the coordinating officer
particular, the coordinating officer
shall:
shall:
shall:
shall:
(a)
act as an interface between the
(a)
act as an interface between the
(a)
act as an interface between the
Rapporteur proposal:
Agency and the members of the
Agency, the host Member State and
Agency and the members of the
(a)
act as an interface between the
European Border and Coast Guard
the members of the European Border
European Border and Coast Guard
Agency
, the host Member State and
Teams, providing assistance, on
and Coast Guard Teams, providing
Teams, providing assistance, on
the members of the European Border
behalf of the Agency, on all issues
assistance, on behalf of the Agency,
behalf of the Agency, on all issues
and Coast Guard Teams, providing
relating to the conditions for their
on all issues relating to the
relating to the conditions for their
assistance, on behalf of the Agency,
deployment with the teams;
conditions for their deployment with
deployment with the teams;
on all issues relating to the
the teams;
conditions for their deployment with
the teams;
(b)
monitor the correct
(b)
monitor the correct
(b)
monitor the correct
(b)
monitor the correct
implementation of the operational
implementation of the operational
implementation of the operational
implementation of the operational
plan;
plan, including on the protection of
plan
, including on the protection of
plan
, including on the protection of
fundamental rights;
fundamental rights;
fundamental rights and report to the
Agency thereon;
(c)
act on behalf of the Agency in
(c)
act on behalf of the Agency in
(c)
act on behalf of the Agency in
(c)
act on behalf of the Agency in
all aspects of the deployment of the
all aspects of the deployment of the
all aspects of the deployment of the
all aspects of the deployment of the
European Border and Coast Guard
European Border and coastGuard
European Border and Coast Guard
European Border and Coast Guard
Teams and report to the Agency on
Teams and report to the Agency on
Teams and report to the Agency on
Teams and report to the Agency on
all those aspects;
all those aspects;
all those aspects;
all those aspects;
(d)
report to the Agency on aspects
(d)
report to the Agency on aspects
(d)
observe and promote the
(d)
report to the Agency on aspects
relating to the provision of sufficient
relating to the provision of sufficient
application of existing and future
relating to the provision of sufficient
guarantees by the host Member State
guarantees by the host Member State
Union measures relating to the
guarantees by the host Member State
to ensure the protection of
to ensure the protection of
management of external borders
to ensure the protection of
fundamental rights throughout the
fundamental rights throughout the
and respect for fundamental rights
fundamental rights throughout the
138
joint operation or rapid border
joint operation or rapid border
in border management activities,
joint operation or rapid border
intervention;
intervention;
report to the Agency on aspects
intervention;
relating to the provision of sufficient
guarantees by the host Member
State to ensure the protection of
fundamental rights throughout the
joint operation or rapid border
intervention, and report to the
Agency on aspects relating to the
provision of sufficient guarantees by
the host Member State to ensure the
protection of fundamental rights
throughout the joint operation or
rapid border intervention;
(e)
report to the Executive Director
(e)
report to the Executive Director
(e)
report to the Executive Director
(e)
report to the Executive Director
where the instructions issued to the
where the instructions issued to the
where the instructions issued to the
where the instructions issued to the
European Border and Coast Guard
European Border and coastGuard
European Border and Coast Guard
European Border and Coast Guard
Teams by the host Member States are
Teams by the host Member States are
Teams by the host Member States are
Teams by the host Member States are
not in compliance with the
not in compliance with the
not in compliance with the
not in compliance with the
operational plan.
operational plan.
operational plan.
operational plan.
139
4.
In the context of joint
4.
In the context of joint
4.
In the context of joint
4.
In the context of joint
operations or rapid border
operations or rapid border
operations or rapid border
operations or rapid border
interventions, the Executive Director
interventions, the Executive Director
interventions, the Executive Director
interventions, the Executive Director
may authorise the coordinating
may authorise the coordinating
may authorise the coordinating
may authorise the coordinating
officer to assist in resolving any
officer to assist in resolving any
officer to assist in resolving any
officer to assist in resolving any
disagreement on the execution of the
disagreement on the execution of the
disagreement on the execution of the
disagreement on the execution of the
operational plan and deployment of
operational plan and deployment of
operational plan and deployment of
operational plan and deployment of
the teams.
the teams.
the teams.
the teams.
Article 22
Article 22
Article 22
Article 22
National contact point
National contact point
National contact point
National contact point
The national coordination centre
Member states shall appoint a The
The national coordination centre
Member states shall appoint a The
established in accordance with
national coordination centre
established in accordance with
national coordination centre
Regulation (EU) No 1052/2013 shall
established in accordance with
Regulation (EU) No 1052/2013 shall
established in accordance with
be the national contact point for
Regulation (EU) No 1052/2013 shall
be the national contact point for
Regulation (EU) No 1052/2013 shall
communication with the Agency on
be the national contact point for
communication with the Agency on
be the national contact point for
all matters pertaining to the European communication with the Agency on
all matters pertaining to the European
communication with the Agency on
Border and Coast Guard Teams.
all matters pertaining to the
Border and Coast Guard Teams.
all matters pertaining to the
operational activities of the
operational activities of the
Agency.European Border and
Agency.European Border and
coastGuard Teams. The national
coastGuard Teams. The national
contact point shall be reachable at all
contact point shall be reachable at all
times.
times.
Article 23
Article 23
Article 23
Article 23
Costs
Costs
Costs
Costs
1.
The Agency shall fully meet
1.
The Agency shall fully meet
1.
The Agency shall fully meet
1.
The Agency shall fully meet
the following costs incurred by
the following costs incurred by
the following costs incurred by
the following costs incurred by
Member States in making available
Member States in making available
Member States in making available
Member States in making available
their border guards for the purposes
their border guards and other relevant
their border guards for the purposes
their border guards and other relevant
of deploying European Border and
staff for the purposes of deploying
of deploying European Border and
staff for the purposes of deploying
Coast Guard Teams, including the
European Border and coastGuard
Coast Guard Teams, including the
European Border and Coast Guard
rapid reserve pool:
Teams, including the rapid reserve
rapid reserve pool:
Teams, including the rapid reserve
pool:
reaction pool:
140
(a)
travel costs from the home
(a)
travel costs from the home
(a)
travel costs from the home
(a)
travel costs from the home
Member State to the host Member
Member State to the host Member
Member State to the host Member
Member State to the host Member
State and from the host Member
State and from the host Member
State and from the host Member
State and from the host Member
State to the home Member State;
State to the home Member State;
State to the home Member State;
State to the home Member State;
(b)
costs related to vaccinations;
(b)
costs related to vaccinations;
(b)
costs related to vaccinations;
(b)
costs related to vaccinations;
(c)
costs related to special
(c)
costs related to special
(c)
costs related to special
(c)
costs related to special
insurance needs;
insurance needs;
insurance needs;
insurance needs;
(d)
costs related to health care;
(d)
costs related to health care;
(d)
costs related to health care;
(d)
costs related to health care;
(e)
daily subsistence allowances,
(e)
daily subsistence allowances,
(e)
daily subsistence allowances,
(e)
daily subsistence allowances,
including accommodation costs;
including accommodation costs;
including accommodation costs;
including accommodation costs;
(f)
costs related to the Agency’s
(f)
costs related to the Agency’s
(f)
costs related to the Agency’s
(f)
costs related to the Agency’s
technical equipment.
technical equipment.
technical equipment.
technical equipment.
2.
Detailed rules concerning the
2.
Detailed rules concerning the
2.
Detailed rules concerning the
2.
Detailed rules concerning the
payment of the daily subsistence
payment of the daily subsistence
payment of the daily subsistence
payment of the daily subsistence
allowance of members of the
allowance of members of the
allowance of members of the
allowance of members of the
European Border and Coast Guard
European Border and Coast Guard
European Border and Coast Guard
European Border
and Coast Guard
Teams shall be established and
Teams shall be established and
Teams shall be established and
Teams shall be established and
updated as necessary by the
updated as necessary by the
updated as necessary by the
updated as necessary by the
Management Board.
Management Board.
Management Board
on a proposal
Management Board.
from the Commission.
Article 24
Article 24
Article 24
Article 24
Suspension or termination of joint
Suspension or termination of joint
Suspension or termination of joint
Suspension or termination of joint
operations and rapid border
operations, migration management
operations and rapid border
operations and rapid border
interventions
support teams deployment and rapid
interventions
activities
interventions
activities
border interventions
1.
The Executive Director shall
1.
The Executive Director shall
1.
The Executive Director shall
1.
The Executive Director shall
terminate, after informing the
terminate, after informing the
terminate, after informing the
terminate, after informing the
Member State concerned, joint
Member State concerned, joint
Member State concerned, joint
Member State concerned, activities
operations or rapid border
operation, or rapid border
operations or rapid border
of the Agency joint operations or
interventions if the conditions to
intervention or deployment of
interventions if the conditions to
rapid border interventions if the
conduct those activities are no longer
migration management support teams
conduct those activities are no longer
conditions to conduct those activities
fulfilled.
if the conditions to conduct those
fulfilled.
are no longer fulfilled.
activities are no longer fulfilled or
their objectives are met.
141
1a
The Member States
1a
The Member States
participating in a joint operation,
participating in a joint operation,
rapid border intervention or
rapid border intervention or
migration management support team
migration management support team
may request the Executive Director
may request the Executive Director
to terminate that joint operation, or
to terminate that joint operation, or
rapid border intervention or
rapid border intervention or
migration management support.
migration management support.
2.
The Executive Director may
2.
The Executive Director may
2.
The Executive Director may
2.
The Executive Director may
withdraw the financing of a joint
withdraw, after informing the
withdraw the financing of a joint
withdraw, after informing the
operation or a rapid border
Member State concerned, the
operation or a rapid border
Member State concerned, the
intervention or suspend or terminate
financing of a joint operation, or
intervention or suspend or terminate
financing of an activity a joint
it if the operational plan is not
rapid border intervention or
it if the operational plan is not
operation, or rapid border
respected by the host Member State.
deployment of migration
respected by the host Member State.
intervention or deployment of
management support team or
migration management support team
suspend or terminate it if the
or suspend or terminate it if the
operational plan is not respected by
operational plan is not respected by
the host Member State.
the host Member State.
3.
The Executive Director shall
3.
The Executive Director shall
3.
The Executive Director shall,
3.
The Executive Director shall
,
withdraw the financing of a joint
withdraw, after informing the
in close cooperation with the
after consulting the close
operation or a rapid border
Member State concerned, the
Fundamental Rights Officer,
cooperation with the Fundamental
intervention, or suspend or terminate,
financing of joint operation, or rapid
withdraw the financing of a joint
Rights Officer and after informing
in whole or in part, a joint operation
border intervention or deployment of
operation, or a rapid border
the Member State concerned,
or rapid border intervention if he or
migration management support
intervention,
a pilot project,
withdraw the financing of a joint
she considers that there are violations
teams, or suspend or terminate, in
migration management support
operation
, or a rapid border
of fundamental rights or international
whole or in part, joint operation, or
teams, return operation, return
intervention
, a pilot project,
protection obligations that are of a
rapid border intervention or
intervention or working
migration management support
serious nature or are likely to persist.
deployment of migration
arrangement or suspend or
teams, return operation, return
management support teams if he or
terminate, in whole or in part, a joint
intervention or working
she considers that there are violations
operation or rapid border
arrangement or suspend or
of fundamental rights or international
intervention
such activities, if he or
terminate, in whole or in part, a joint
protection obligations that are of a
she considers that there are violations
operation or rapid border
serious nature or are likely to persist.
of fundamental rights or international
intervention
such activities, if he or
The Exucutive Director shall inform
protection obligations that are of a
she considers that there are violations
142
the Management Board of such a
serious nature or are likely to persist.
of fundamental rights or international
decision.
For this purpose, the Agency shall
protection obligations that are of a
establish and publish the criteria
serious nature or are likely to persist.
leading to a decision on the
The Executive Director shall inform
suspension, termination or
the Management Board of such a
withdrawal of financing for the
decision.
above mentioned activities.
4.
In case the Executive Director
4.
In case the Executive Director
decides to suspend or terminate the
decides to suspend or terminate the
deployment by the Agency of a
deployment by the Agency of a
migration management support team,
migration management support team,
he shall inform the other relevant
he shall inform the other relevant
Agencies participating in the
Agencies participating in the
function of that hotspot on this
function of that hotspot on this
decision.
decision.
Article 25
Article 25
Article 25
Article 25
Evaluation of joint operations and
Evaluation of joint operations,
Evaluation of joint operations and
Evaluation of joint operations and
rapid border interventions
migration management support teams
rapid border interventions
activities
rapid border interventions
activities
and rapid border interventions
The Executive Director shall
The Executive Director shall
The Executive Director shall
The Executive Director shall
evaluate the results of the joint
evaluate the results of the joint
evaluate the results of the joint
evaluate the results of the joint
operations and rapid border
operations, migration management
operations and rapid border
operations and rapid border
interventions and transmit the
support teams and rapid border
interventions,
pilot projects,
interventions
, pilot projects,
detailed evaluation reports within 60
interventions and transmit the
migration management support
migration management support
days following the end of those
detailed evaluation reports within 60
teams, return operations, return
teams, and operational cooperation
operations and projects to the
days following the end of those
interventions and operational
with third countries and transmit the
Management Board, together with
operations and projects to the
cooperation with third countries and
detailed evaluation reports within 60
the observations of the Fundamental
Management Board, together with
transmit the detailed evaluation
days following the end of those
Rights Officer. The Agency shall
the observations of the Fundamental
reports within 60 days following the
operations and projects
activities to
make a comprehensive comparative
Rights Officer. The Executive
end of those operations and projects
the Management Board, together
analysis of those results with a view
Director Agency shall make a
activities to the Management Board,
with the observations of the
to enhancing the quality, coherence
comprehensive comparative analysis
together with the observations of the
Fundamental Rights Officer. The
and effectiveness of future joint
of those results with a view to
Fundamental Rights Officer. The
Agency Executive Director shall
operations and rapid border
enhancing the quality, coherence and
Agency shall make a comprehensive
make a comprehensive comparative
143
interventions, and it shall include it
effectiveness of future joint
comparative analysis of those results
analysis of those results with a view
in its consolidated annual activity
operations, migration management
with a view to enhancing the quality,
to enhancing the quality, coherence
report.
support teams and rapid border
coherence and effectiveness of future
and effectiveness of future joint
interventions, and it shall include it
joint operations and rapid border
operations and rapid border
in its consolidated annual activity
interventions
activities, and it shall
interventions
activities, and it shall
report.
include it in its consolidated annual
include it in its consolidated annual
activity report.
activity report.
SECTION 4
SECTION 4
SECTION 4
SECTION 4
RETURN
RETURN
RETURN
RETURN
Article 26
Article 26
Article 26
Article 26
Return Office
Return Office
Return Office
Return Office
1.
The Return Office shall be
1.
The Return Office shall be
1.
The Return Office shall be
1.
The Return Office shall be
responsible for carrying out the
responsible for carrying out the
responsible for carrying out the
responsible for carrying out the
return-related activities of the
return-related activities of the
return-related activities of the
return-related activities of the
Agency, in accordance with the
Agency, in accordance with the
Agency
With regard to return, the
Agency
With regard to return, the
respect of fundamental rights and
respect of fundamental rights and
Agency shall, in accordance with the
Agency shall, in accordance with the
general principles of Union law as
general principles of Union law as
respect of fundamental rights and
respect of fundamental rights and
well as international law, including
well as international law, including
general principles of Union law as
general principles of Union law as
refugee protection and human rights
refugee protection and human rights
well as international law, including
well as international law, including
obligations. The Return Office shall,
obligations. The Return Office shall,
refugee protection and human
refugee protection and human
in particular:
in particular:
fundamental rights obligations. The
fundamental rights obligations. The
Return Office shall
, including
Return Office shall
, including
children’s rights, in particular:
children’s rights, in particular:
(a)
coordinate at technical and
(a)
coordinate at technical and
(a)
coordinate at technical and
(a)
coordinate at technical and
operational level the return activities
operational level the return-related
operational level the return activities
operational level the return-related
of the Member States, to achieve an
activities of the Member States,
of the Member States,
including
activities of the Member States,
integrated system of return
including voluntary departure, to
voluntary returns, to achieve an
including voluntary departure, to
management among competent
achieve an integrated system of
integrated system of return
achieve an integrated system of
authorities of the Member States,
return management among
management among competent
return management among
with the participation of relevant
competent authorities of the Member
authorities of the Member States with
competent authorities of the Member
authorities of third countries and
States, with the participation of
the participation of relevant
States, with the participation of
other relevant stakeholders;
relevant authorities of third countries
authorities of third countries and
relevant authorities of third countries
and other relevant stakeholders;
other relevant stakeholders;
and other relevant stakeholders;
144
(b)
provide operational support to
(b)
provide technical and
(b)
provide
technical and
(b)
provide technical and
Member States subject to particular
operational support assistance to
operational support to Member States
operational support assistance to
pressure on their return systems;
Member States subject to particular
subject to particular pressure on their
Member States subject to particular
pressure on their return systems;
return systems;
pressure on their return systems;
145
(c)
coordinate the use of relevant
(c)
coordinate the use of relevant
(c)
coordinate the use of relevant
(c)
coordinate the use of relevant
IT systems and provide support on
IT systems and provide support on
IT systems and provide support
to
IT systems and provide support
to
consular cooperation for the
consular cooperation for the
the Member States on consular
the Member States on consular
identification of third-country
identification of third-country
cooperation for the identification of
cooperation for the identification of
nationals and the acquisition of travel
nationals and the acquisition of travel
third-country nationals and the
third-country nationals and the
documents, organise and coordinate
documents, organise and coordinate
acquisition of travel documents,
acquisition of travel documents,
return operations and provide support
return operations and provide support
without disclosing whether the
without disclosing information
to voluntary departure;
to voluntary departure, in
third-country nationals have
relating to the fact that an
cooperation with Member States;
requested asylum, organise and
application for international
coordinate return operations and
protection has been made, organise
provide support to voluntary
and coordinate return operations and
departure
in cooperation with the
provide support to voluntary
Member States;
departure
in cooperation with the
Member States;
(d)
coordinate the return-related
(d)
coordinate the return-related
(d)
coordinate the return-related
deleted
activities of the Agency as set out in
activities of the Agency as set out in
activities of the Agency as set out in
this Regulation;
this Regulation;
this Regulation;
(e)
organise, promote and
(e)
organise, promote and
(e)
organise, promote and
(e)
organise, promote and
coordinate activities enabling the
coordinate activities enabling the
coordinate activities enabling the
coordinate activities enabling the
exchange of information and the
exchange of information and the
exchange of information and the
exchange of information and the
identification and pooling of best
identification and pooling of best
identification and pooling of best
identification and pooling of best
practices in return matters between
practices in return matters between
practices in return matters between
practices in return matters between
the Member States;
the Member States;
the Member States;
the Member States;
(f)
finance or co-finance the
(f)
finance or co-finance the
(f)
finance or co-finance the
(f)
finance or co-finance the
operations, interventions and
operations, interventions and
operations, interventions and
operations, interventions and
activities referred to in this Chapter
activities referred to in this Chapter
activities referred to in this Chapter
activities referred to in this Chapter
with grants from its budget, in
with grants from its budget, in
with grants, from its budget,
and
with grants from its budget, in
accordance with the financial rules
accordance with the financial rules
through contracts, in accordance
accordance with the financial rules
applicable to the Agency.
applicable to the Agency.
with the financial rules applicable to
applicable to the Agency.
the Agency.
2.
The operational support
2.
The technical and operational
2.
The operational support
2.
The technical and operational
referred to in point (b) of paragraph 1
support assistance referred to in point
referred to in point (b) of paragraph 1
support assistance referred to in point
shall include action to help Member
(b) of paragraph 1 shall include
shall include action to help Member
(b) of paragraph 1 shall include
States carry out return procedures by
action activities to help Member
States carry out return procedures by
action activities to help Member
146
the competent national authorities by
States carry out return procedures by
the competent national authorities by
States carry out return procedures by
providing, in particular:
the competent national authorities by
providing, in particular:
the competent national authorities by
providing, in particular:
providing, in particular:
(a)
interpreting services;
(a)
interpreting services;
(a)
interpreting services;
(a)
interpreting services;
147
(b)
information on third countries
(b)
information on third countries
(b)
information on third countries
(b)
practical information on third
of return;
of return;
of return
, in cooperation with other
countries of return
relevant for the
Union bodies, offices and agencies
implementation of this Regulation,
including EASO;
in cooperation, where appropriate,
with other Union bodies, offices and
agencies including EASO;
(c)
advice on the handling and
(c)
advice on the handling
(c)
advice on the handling and
(c)
advice on the handling
management of return procedures in
implementation and management of
management of return procedures in
implementation and management of
compliance with Directive
return procedures in compliance with
compliance with Directive
return procedures in compliance with
2008/115/EC;
Articles 6 to 14 of Directive
2008/115/EC;
Directive 2008/115/EC;
2008/115/EC;
(d)
assistance on measures
(d)
advice and assistance on
(d)
assistance on measures
(d)
advice and assistance on
necessary to ensure the availability of
measures activities necessary to
necessary to ensure the availability of
measures necessary to ensure the
returnees for return purposes and
ensure the availability of returnees
returnees for return purposes and
availability of returnees for return
avoid that returnees abscond.
for return purposes and to avoid that
avoid that returnees abscond
, in
purposes and avoid that returnees
returnees abscond, in accordance
accordance with Directive
abscond
, in accordance with
with Articles 7(3), 9(3) and 15 to 18
2008/115/EC and international law.
Directive 2008/115/EC and
of the Directive 2008/115/EC.
international law.
3.
The Return Office shall aim at
3.
The Return Office Agency
3.
The Return Office
Agency
3.
The Return Office Agency
building synergies and connecting
shall aim at building synergies and
shall aim at building synergies and
shall aim at building synergies and
Union-funded networks and
connecting Union-funded networks
connecting Union-funded networks
connecting Union-funded networks
programmes in the field of return in
and programmes in the field of
and programmes in the field of return
and programmes in the field of
close cooperation with the European
return, in close cooperation with the
in close cooperation with the
return, in close cooperation with the
Commission and the European
European Commission and with the
European Commission and the
European Commission and with the
Migration Network.
1
support of relevant stakeholders,
European Migration Network.
support of relevant stakeholders,
including the European Migration
including the European Migration
Network.
Network.
4.
The Agency may make use of
4.
The Agency may make use of
4.
The Agency may make use of
4.
The Agency may make use of
the financial means of the Union
the financial means of the Union
the financial means of the Union
the financial means of the Union
which are available in the field of
which are available in the field of
which are available in the field of
which are available in the field of
return. The Agency shall ensure that
return. The Agency shall ensure that
return. The Agency shall ensure that
return. The Agency shall ensure that
in its grant agreements with Member
in its grant agreements with Member
in its grant agreements with Member
in its grant agreements with Member
1
OJ L 131, 21.5.2008, p. 7.
148
States any financial support is
States any financial support is
States any financial support is
States any financial support is
conditional upon the full respect for
conditional upon the full respect for
conditional upon the full respect for
conditional upon the full respect for
the Charter of Fundamental Rights.
the Charter of Fundamental Rights.
the Charter of Fundamental Rights.
the Charter of Fundamental Rights.
Article 27
Article 27
Article 27
Article 27
Return operations
Return operations
Return operations
Return operations
1.
In accordance with Directive
1.
Without entering into the
1.
In accordance with Directive
1.
Without entering into the
2008/115/EC, and without entering
merits of return decisions and in
2008/115/EC, and without entering
merits of return decisions and in
into the merits of return decisions,
accordance with Directive
into the merits of return decisions,
accordance with Directive
the Agency shall provide the
2008/115/EC, and without entering
the Agency shall provide the
2008/115/EC, and without entering
necessary assistance and, at the
into the merits of return decisions,
necessary assistance and, at the
into the merits of return decisions,
request of one or several
the Agency shall provide the
request of one or several
the Agency shall provide the
participating Member States, ensure
necessary assistance and, at the
participating Member States, ensure
necessary assistance and, at the
the coordination or the organisation
request of one or several
the coordination or the organisation
request of one or several
of return operations, including
participating Member States, ensure
of return operations, including
participating Member States, ensure
through the chartering of aircraft for
the coordination or the organisation
through the chartering of aircraft for
the coordination or the organisation
the purpose of such operations. The
of return operations, including
the purpose of such operations. The
of return operations, including
Agency may, on its own initiative,
through the chartering of aircraft for
Agency may, on its own initiative,
through the chartering of aircraft for
propose to Member States to
the purpose of such operations. The
propose to Member States to
the purpose of such operations. The
coordinate or organise return
Agency may, on its own initiative,
coordinate or organise return
Agency may, on its own initiative,
operations.
propose to Member States to
operations.
propose to Member States to
coordinate or organise return
coordinate or organise return
operations, including through the
operations.
chartering of aircraft for the purpose
of such operations.
2.
Member States shall at least on
2.
Member States shall at least on
2.
Member States shall at least on
2.
Member States shall at least on
a monthly basis inform the Agency
a monthly basis inform the Agency
a monthly basis inform the Agency
a monthly basis inform the Agency
of their planned national return
of their indicative planning of the
of their planned national return
of their indicative planning of the
operations, as well as of their needs
number of returnees and the third
operations, as well as of their needs
number of returnees and the third
for assistance or coordination by the
countries of return of relevant
for assistance or coordination by the
countries of return of relevant
Agency. The Agency shall draw up a
planned national forced return
Agency. The Agency shall draw up a
planned national forced return
rolling operational plan to provide
operations, as well as of their needs
rolling operational plan to provide
operations, as well as of their needs
the requesting Member States with
for assistance or coordination by the
the requesting Member States with
for assistance or coordination by the
the necessary operational
Agency. The Agency shall draw up a
the necessary operational
Agency. The Agency shall draw up a
reinforcement, including technical
rolling operational plan to provide
reinforcement, including technical
rolling operational plan to provide
149
equipment. The Agency may, on its
the requesting Member States with
equipment. The Agency may, on its
the requesting Member States with
own initiative, include in the rolling
the necessary operational
own initiative, include in the rolling
the necessary operational
operational plan the dates and
reinforcement, including technical
operational plan the dates and
reinforcement, including technical
destinations of return operations it
equipment. The Agency may, on its
destinations of return operations it
equipment. The Agency may, on its
considers necessary, based on a
own initiative or at the request of a
considers necessary, based on a
own initiative or at the request of a
needs assessment. The Management
Member State, include in the rolling
needs assessment. The Management
Member State, include in the rolling
Board shall decide, on a proposal of
operational plan the dates and
Board shall decide, on a proposal of
operational plan the dates and
the Executive Director, on the
modus
destinations of return operations it
the Executive Director, on the modus
destinations of return operations it
operandi of the rolling operational
considers necessary, based on a
operandi of the rolling operational
considers necessary, based on a
plan.
needs assessment. The Management
plan.
needs assessment. The Management
Board shall decide, on a proposal of
Board shall decide, on a proposal of
the Executive Director, on the
modus
the Executive Director, on the
modus
operandi of the rolling operational
operandi of the rolling operational
plan.
plan.
3.
The Agency may provide the
3.
The Agency may provide the
3.
The Agency may provide the
3.
The Agency may provide the
necessary assistance and ensure, at
necessary assistance and ensure, at
necessary assistance and ensure, at
necessary assistance and ensure, at
the request of the participating
the request of the participating
the request of the participating
the request of the participating
Member States, or propose on its
Member State(s), or propose on its
Member States, or propose on its
Member States, or propose on its
own initiative, the coordination or
own initiative, the coordination or
own initiative, the coordination or
own initiative, the coordination or
the organisation of return operations,
the organisation of return operations,
the organisation of return operations,
the organisation of return operations,
for which the means of transport and
for which the means of transport
for which the means of transport and
for which the means of transport and
forced return escorts are made
and/or forced return escorts are made
forced return escorts are made
forced return escorts are made
available by a third country of return
available by a third country of return
available by a third country of return
available by a third country of return
(‘collecting return operations’). The
(‘collecting return operations’).
(‘collecting return operations’). The
(‘collecting return operations’). The
participating Member States and the
The participating Member State(s)
participating Member States and the
participating Member States and the
Agency shall ensure that the respect
and the Agency shall ensure that the
Agency shall ensure that the respect
Agency shall ensure that the respect
of fundamental rights and the
respect of fundamental rights and the
of fundamental rights
, the principle
of fundamental rights
, the principle
proportionate use of means of
proportionate use of means of
of non-refoulement, and the
of non-refoulement, and the
constraints are guaranteed during the
constraints are guaranteed during the
proportionate use of means of
proportionate use of means of
entire removal operation. At least a
entire return removal operation. At
constraints are guaranteed during the
constraints are guaranteed during the
Member State representative and a
least a Member State representative
entire removal operation. At least a
entire return removal operation. At
forced return monitor from the pool
and a forced return monitor from the
Member State representative and a
least a Member State representative
established under Article 28 shall be
pool established under Article 28 or
forced return monitor from the pool
and a forced return monitor from the
present throughout the entire return
from the national monitoring system
established under Article 28 shall be
pool established under Article 28 or
150
operation until arrival at the third
of the participating Member State
present throughout the entire return
from the national monitoring system
country of return.
shall be present throughout the entire
operation until arrival at the third
of the participating Member State
return operation until arrival at the
country of return.
shall be present throughout the entire
third country of return.
return operation until arrival at the
third country of return.
4.
The Agency may provide the
4.
The Agency may provide the
4.
The Agency may provide the
deleted
necessary assistance and ensure, at
necessary assistance and ensure, at
necessary assistance and ensure, at
the request of the participating
the request of the participating
the request of the participating
Member States or a third country, or
Member State(s) or a third country,
Member States or a third country, or
propose on its own initiative, the
or propose on its own initiative, the
propose on its own initiative, the
coordination or the organisation of
coordination or the organisation of
coordination or the organisation of
return operations, during which a
return operations, during which a
return operations, during which a
number of returnees subject to a
number of returnees subject to a
number of returnees subject to a
third-country return decision are
third-country return decision order
third-country return decision are
passed from this third country to
are passed from this third country to
passed from this third country to
another third country of return
another third country of return
another third country of return
(‘mixed return operations’), provided
(‘mixed return operations’), provided
(‘mixed return operations’), provided
that the third country that issued the
that the third country that issued the
that the third country that issued the
return decision is bound by the
return decision order ensures the
return decision is bound by the
European Convention on Human
presence of forced return escorts and
European Convention on Human
Rights. The participating Member
is bound by the European
Rights. The participating Member
States and the Agency must ensure
Convention on Human Rights. The
States and the Agency must ensure
that the respect of fundamental rights
participating Member State(s) and
that the respect of fundamental rights
and the proportionate use of means
the Agency must shall ensure that the
and the proportionate use of means
of constraints are guaranteed during
respect of fundamental rights and the
of constraints are guaranteed during
the whole removal operation, notably
proportionate use of means of
the whole removal operation, notably
with the presence of forced return
constraints are guaranteed during the
with the presence of forced return
monitors and of third-country forced
whole removal return operation,
monitors and of third-country forced
return escorts.
notably with the presence of forced
return escorts.
return monitors and of third-country
forced return escorts.
4a.
The Executive Director shall
4a. The Executive Director shall
draw up an operational plan without
draw up an operational
a return plan
delay for operations defined in
without delay for operations defined
151
paragraphs 3 and 4. The Executive
in paragraph 3. The Executive
Director and the participating
Director and the participating
Member State(s) shall agree on the
Member State(s) shall agree on the
operational plan detailing the
operational
return plan detailing the
organisational and procedural aspect
organisational and procedural aspect
of the return operation. Any
of the return operation,
taking
amendment to or adaptation of this
account of the fundamental rights
operational plan shall require the
implications and risks of such
agreement of the aforementioned
operations. Any amendment to or
parties.
adaptation of this operational plan
shall require the agreement of the
aforementioned parties.
4b.
The operational plan of
4b.
The operational plan of
operations defined in paragraphs 3
operations defined in paragraph 3
and 4 shall be binding on the Agency
shall be binding on the Agency and
and the participating Member
the participating Member State(s). It
State(s). It shall cover all aspects that
shall cover all aspects that are
are necessary for carrying out the
necessary for carrying out the return
return operation.
operation.
5.
Every return operation shall be
5.
Every Return operations shall
5.
Every return operation shall be
5.
Every return operation shall be
monitored in accordance with Article
be monitored in accordance with
monitored in accordance with Article
monitored in accordance with Article
8(6) of Directive 2008/115/EC. The
Article 8(6) of Directive
8(6) of Directive 2008/115/EC. The
8(6) of Directive 2008/115/EC. The
monitoring of return operations shall
2008/115/EC. The monitoring of
monitoring of
forced return
monitoring of
forced return
be carried out on the basis of
return operations shall be carried out
operations shall be carried out
by the
operations shall be carried out
by the
objective and transparent criteria and
on the basis of objective and
forced return monitor on the basis of
forced return monitor on the basis of
shall cover the whole return
transparent criteria to be set out in
objective and transparent criteria and
objective and transparent criteria and
operation from the pre-departure
the operational plan and in line with
shall cover the whole return
shall cover the whole return
phase until the hand-over of the
the Code of Conduct referred to in
operation from the pre-departure
operation from the pre-departure
returnees in the third country of
Article 34(2) and 34(3) of this
phase until the hand-over of the
phase until the hand-over of the
return.
Regulation shall cover the whole
returnees in the third country of
returnees in the third country of
return operation from the pre-
return.
The forced return monitor
return.
The forced return monitor
departure phase until the hand-over
shall submit a report on an
shall submit a report on an
of the returnees in the third country
operation to the Executive Director,
operation to the Executive Director,
of return.
the Fundamental Rights Officer and
the Fundamental Rights Officer and
152
to the competent national
to the competent national
authorities of all the Member States
authorities of all the Member States
involved in that operation. Any
involved in that operation. If
appropriate follow-up shall be
necessary, appropriate follow-up
ensured by the Executive Director
shall be ensured by the Executive
and competent national authorities
Director and competent national
respectively.
authorities respectively.
153
6.
The Agency shall finance or
6.
The Agency shall finance or
6.
The Agency shall finance or
6.
The Agency shall finance or
co-finance return operations with
co-finance return operations with
co-finance return operations with
co-finance return operations with
grants from its budget, in accordance
grants from its budget, in accordance
grants from its budget
and through
grants from its budget, in accordance
with the financial rules applicable to
with the financial rules applicable to
contracts, in accordance with the
with the financial rules applicable to
the Agency, giving priority to those
the Agency, giving priority to those
financial rules applicable to the
the Agency, giving priority to those
conducted by more than one Member
conducted by more than one Member
Agency, giving priority to those
conducted by more than one Member
State, or from hotspot areas.
State, or from hotspot areas.
conducted by more than one Member
State, or from hotspot areas.
State, or from hotspot areas.
154
6a.
The Agency shall not
6a. In case it has concerns
coordinate, organise or propose
regarding the respect of
return operations or return
fundamental rights of a return
interventions to any third country
operation, the Agency shall
where risks of fundamental rights
communicate its concerns to the
violations or serious deficiencies
participating Member States and the
have been identified though risk
Commission.
analysis or reports from Union
institutions, EEAS or Union
agencies.
155
7a.
The Executive Director shall
evaluate the results of the return
operations and transmit every six
months a detailed evaluation report
covering all return operations
conducted in the previous semester to
the Management Board, together
with the observations of the
Fundamental Rights Officer. The
Agency Executive Director shall
make a comprehensive comparative
analysis of those results with a view
to enhancing the quality, coherence
and effectiveness of future return
operations, and it shall include it in
its annual activity report.
Article 28
Article 28
Article 28
Article 28
Pool of Forced Return Monitors
Pool of Forced Return Monitors
Pool of Forced Return Monitors
Pool of Forced Return Monitors
1.
The Agency shall constitute a
1.
The Agency shall constitute a
1.
The Agency shall,
after
1.
The Agency shall,
after
pool of forced return monitors from
pool of forced return monitors from
consulting the European Agency on
consulting the European Agency on
national competent bodies who carry
national competent bodies who carry
Fundamental Rights, constitute a
Fundamental Rights Officer,
out forced return monitoring
out forced return monitoring
pool of forced return monitors from
constitute a pool of forced return
activities in accordance with Article
activities in accordance with Article
national competent bodies who carry
monitors from national competent
8(6) of Directive 2008/115/EC and
8(6) of Directive 2008/115/EC and
out forced return monitoring
bodies who carry out forced return
who have been trained in accordance
who have been trained in accordance
activities in accordance with Article
monitoring activities in accordance
with Article 35.
with Article 35.
8(6) of Directive 2008/115/EC and
with Article 8(6) of Directive
who have been trained in accordance
2008/115/EC and who have been
with Article 35.
trained in accordance with Article
35.
2.
The Executive Director shall
2.
The Management Board, on a
2.
The Executive Director shall
2.
The Management Board, on a
determine the profile and the number
proposal of the Executive Director
determine the profile and the number
proposal of the Executive Director
of the forced return monitors to be
shall determine the profile and the
of the forced return monitors to be
shall determine the profile and the
made available to that pool. The
number of the forced return monitors
made available to that pool. The
number of the forced return monitors
same procedure shall apply with
to be made available to that pool.
same procedure shall apply with
to be made available to that pool.
156
regard to any subsequent changes in
The same procedure shall apply with
regard to any subsequent changes in
The same procedure shall apply with
the profile and the number. Member
regard to any subsequent changes in
the profile and the number. Member
regard to any subsequent changes in
States shall contribute to the pool by
the profile and overall numbers.
States shall contribute to the pool by
the profile and overall numbers.
nominating the forced return
Member States shall contribute,
nominating the forced return
Member States shall
be responsible
monitors corresponding to the
where possible, to the pool by
monitors corresponding to the
for contributing to the pool by
defined profile.
nominating the forced return
defined profile.
Forced return
nominating the forced return
monitors corresponding to the
monitors with specific expertise in
monitors corresponding to the
defined profile.
child protection shall be included in
defined profile.
Forced return
the pool.
monitors with specific expertise in
child protection shall be included in
the pool.
157
2a.
The contribution of Member
2a.
The contribution of Member
States as regards their forced return
States as regards their forced return
monitors to specific return operations
monitors to specific return operations
and interventions for the following
and interventions for the following
year shall be planned on the basis of
year shall be planned on the basis of
annual bilateral negotiations and
annual bilateral negotiations and
agreements between the Agency and
agreements between the Agency and
Member States. In accordance with
Member States. In accordance with
those agreements, Member States
those agreements, Member States
shall make the forced return monitors
shall make the forced return monitors
available for deployment at the
available for deployment at the
request of the Agency, unless they
request of the Agency, unless they
are faced with an exceptional
are faced with an exceptional
situation substantially affecting the
situation substantially affecting the
discharge of national tasks. Such a
discharge of national tasks. Such a
request shall be made at least 21
request shall be made at least 21
working days before the intended
working days before the intended
deployment, or five working days in
deployment, or five working days in
case of a Rapid Return Intervention.
case of a Rapid Return Intervention.
3.
The Agency shall make
3.
The Agency shall make
3.
The Agency shall make
3.
The Agency shall make
available the forced return monitors,
available the forced return monitors,
available the forced return monitors,
available the forced return monitors,
upon request, to participating
upon request, to participating
upon request, to participating
upon request, to participating
Member States to monitor, on their
Member States to monitor, on their
Member States to monitor, on their
Member States to monitor, on their
behalf, the correct implementation of
behalf, the correct implementation
behalf, the correct implementation of
behalf, the correct implementation
the return operation and to take part
throughout of the return operation
the return operation and to take part
throughout of the return operation
in return interventions.
and to take part in return
in return interventions.
It shall make
and to take part in return
interventions.
available forced return monitors
interventions.
It shall make available
with specific expertise in child
forced return monitors with specific
protection for any return operation
expertise in child protection for any
involving children.
return operation involving children.
3a.
Forced return monitors shall
3a.
Forced return monitors shall
remain subject to the disciplinary
remain subject to the disciplinary
measures of their home Member
measures of their home Member
158
State in the course of a return
State in the course of a return
operation or return intervention.
operation or return intervention.
Article 29
Article 29
Article 29
Article 29
Pool of Forced Return Escorts
Pool of Forced Return Escorts
Pool of Forced Return Escorts
Pool of Forced Return Escorts
1.
The Agency shall constitute a
1.
The Agency shall constitute a
1.
The Agency shall constitute a
1.
The Agency shall constitute a
pool of forced return escorts from
pool of forced return escorts from
pool of forced return escorts from
pool of forced return escorts from
national competent bodies who carry
national competent bodies who carry
national competent bodies who carry
national competent bodies who carry
out return operations in accordance
out return operations in accordance
out return operations in accordance
out return operations in accordance
with the requirements referred to in
with the requirements referred to in
with the requirements referred to in
with the requirements referred to in
Article 8(4) and (5) of Directive
Article 8(4) and (5) of Directive
Article 8(4) and (5) of Directive
Article 8(4) and (5) of Directive
2008/115/EC and who have been
2008/115/EC and who have been
2008/115/EC and who have been
2008/115/EC and who have been
trained in accordance with Article
trained in accordance with Article
trained in accordance with Article
trained in accordance with Article
35.
35.
35.
35.
2.
The Executive Director shall
2.
The Management Board on a
2.
The Executive Director shall
2.
The Management Board on a
determine the profile and the number
proposal of the Executive Director
determine the profile and the number
proposal of the Executive Director
of the forced return escorts to be
shall determine the profile and the
of the forced return escorts to be
shall determine the profile and the
made available to that pool. The
number of the forced return escorts
made available to that pool. The
number of the forced return escorts
same procedure shall apply with
to be made available to that pool.
same procedure shall apply with
to be made available to that pool.
regard to any subsequent changes in
The same procedure shall apply with
regard to any subsequent changes in
The same procedure shall apply with
the profile and the number. Member
regard to any subsequent changes in
the profile and the number. Member
regard to any subsequent changes in
States shall contribute to the pool by
the profile and the overall numbers.
States shall contribute to the pool by
the profile and the overall numbers.
nominating the forced return escorts
Member States shall contribute to the
nominating the forced return escorts
Member States shall contribute to the
corresponding to the defined profile.
pool by nominating the forced return
corresponding to the defined profile.
pool by nominating the forced return
escorts corresponding to the defined
Forced return escorts with specific
escorts corresponding to the defined
profile.
expertise in child protection shall be
profile.
Forced return escorts with
included in the pool.
specific expertise in child protection
shall be included in the pool.
2a.
The contribution of Member
2a.
The contribution of Member
States as regards their forced return
States as regards their forced return
escorts to specific return operations
escorts to specific return operations
and interventions or the following
and interventions or the following
year shall be planned on the basis of
year shall be planned on the basis of
annual bilateral negotiations and
annual bilateral negotiations and
agreements between the Agency and
agreements between the Agency and
159
Member States. In accordance with
Member States. In accordance with
those agreements, Member States
those agreements, Member States
shall make the forced return escorts
shall make the forced return escorts
available for deployment at the
available for deployment at the
request of the Agency, unless they
request of the Agency, unless they
are faced with an exceptional
are faced with an exceptional
situation substantially affecting the
situation substantially affecting the
discharge of national tasks. Such a
discharge of national tasks. Such a
request shall be made at least 21
request shall be made at least 21
working days before the intended
working days before the intended
deployment, or five working days in
deployment, or five working days in
case of a Rapid Return Intervention.
case of a Rapid Return Intervention.
3.
The Agency shall make
3.
The Agency shall make
3.
The Agency shall make
3.
The Agency shall make
available these escorts, upon request,
available the escorts, upon request, to
available these escorts, upon request,
available these escorts, upon request,
to participating Member States to
participating Member States to escort
to participating Member States to
to participating Member States to
escort returnees on their behalf and
returnees on their behalf and to take
escort returnees on their behalf and
escort returnees on their behalf and
to take part in return interventions.
part in return operations and return
to take part in return
operations and
to take part in return
operations and
interventions.
interventions.
It shall make available
interventions.
It shall make available
forced return escorts with specific
forced return escorts with specific
expertise in child protection for any
expertise in child protection for any
return operation involving children.
return operation involving children.
3a.
Forced return escorts shall
3a.
Forced return escorts shall
remain subject to the disciplinary
remain subject to the disciplinary
measures of their home Member
measures of their home Member
State in the course of a return
State in the course of a return
operation or return intervention.
operation or return intervention.
Article 30
Article 30
Article 30
Article 30
Pool of Return Specialists
Pool of Return Specialists
Pool of Return Specialists
Pool of Return Specialists
1.
The Agency shall constitute a
1.
The Agency shall constitute a
1.
The Agency shall constitute a
1.
The Agency shall constitute a
pool of return specialists from
pool of return specialists from
pool of return specialists from
pool of return specialists from
national competent bodies and from
national competent bodies and from
national competent bodies and from
national competent bodies and from
the staff of the Agency, who have the
the staff of the Agency, who have the
the staff of the Agency, who have the
the staff of the Agency, who have the
skills and expertise required for
skills and expertise required for
skills and expertise required for
skills and expertise required for
carrying out return-related activities
carrying out return-related activities
carrying out return-related activities
carrying out return-related activities
160
and who have been trained in
and who have been trained in
and who have been trained in
and who have been trained in
accordance with Article 35. Those
accordance with Article 35. Those
accordance with Article 35. Those
accordance with Article 35. Those
specialists shall be made available to
specialists shall be made available to
specialists shall be made available to
specialists shall be made available to
carry out specific tasks, such as
carry out specific tasks, such as
carry out specific tasks, such as
carry out specific tasks, such as
identification of particular groups of
identification of particular groups of
identification of particular groups of
identification of particular groups of
third-country nationals, the
third-country nationals, the
third-country nationals, the
third-country nationals, the
acquisition of travel documents from
acquisition of travel documents from
acquisition of travel documents from
acquisition of travel documents from
third countries and facilitation of
third countries and facilitation of
third countries and facilitation of
third countries and facilitation of
consular cooperation.
consular cooperation.
consular cooperation.
consular cooperation.
2.
The Executive Director shall
2.
The Management Board, on a
2.
The Executive Director shall
2.
The Management Board, on a
determine the profile and the number
proposal of the Executive Director
determine the profile and the number
proposal of the Executive Director
of the forced return escorts to be
shall determine the profile and the
of the forced return escorts to be
shall determine the profile and the
made available to that pool. The
number of the forced return escorts
made available to that pool. The
number of the forced return escorts
same procedure shall apply with
specialists to be made available to
same procedure shall apply with
specialists to be made available to
regard to any subsequent changes in
that pool. The same procedure shall
regard to any subsequent changes in
that pool. The same procedure shall
the profile and the number. Member
apply with regard to any subsequent
the profile and the number. Member
apply with regard to any subsequent
States shall contribute to the pool by
changes in the profile and overall
States shall contribute to the pool by
changes in the profile and overall
nominating the specialists
numbers. Member States shall
nominating the specialists
numbers. Member States shall
corresponding to the defined profile.
contribute to the pool by nominating
corresponding to the defined profile.
contribute to the pool by nominating
the specialists corresponding to the
Return specialists with specific
the specialists corresponding to the
defined profile
expertise in child protection shall be
defined profile.
Return specialists
included in the pool.
with specific expertise in child
protection shall be included in the
pool.
2a.
The contribution of Member
2a.
The contribution of Member
States as regards their return
States as regards their return
specialists to specific return
specialists to specific return
operations and interventions for the
operations and interventions for the
following year shall be planned on
following year shall be planned on
the basis of annual bilateral
the basis of annual bilateral
negotiations and agreements between
negotiations and agreements between
the Agency and Member States. In
the Agency and Member States. In
accordance with those agreements,
accordance with those agreements,
161
Member States shall make the return
Member States shall make the return
specialists available for deployment
specialists available for deployment
at the request of the Agency, unless
at the request of the Agency, unless
they are faced with an exceptional
they are faced with an exceptional
situation substantially affecting the
situation substantially affecting the
discharge of national tasks. Such a
discharge of national tasks. Such a
request shall be made at least 21
request shall be made at least 21
working days before the intended
working days before the intended
deployment, or five working days in
deployment, or five working days in
case of a Rapid Return Intervention.
case of a Rapid Return Intervention.
3.
The Agency shall make
3.
The Agency shall make
3.
The Agency shall make
3.
The Agency shall make
available the specialists, upon
available the return specialists, upon
available the specialists, upon
available the return specialists, upon
request, to Member States
request, to Member States
request, to Member States
request, to Member States
participating in return operations and
participating in return operations, and
participating in return operations and
participating in return operations, and
to take part in return interventions.
to take part in return interventions.
to take part in return interventions.
It
to take part in return interventions.
It
shall make available return
shall make available return
specialists with specific expertise in
specialists with specific expertise in
child protection for any return
child protection for any return
operation involving children.
operation involving children.
3a.
Return specialists shall
3a.
Return specialists shall remain
remain subject to the disciplinary
subject to the disciplinary measures
measures either of the Agency or of
either of the Agency or of their home
their home Member State in the
Member State in the course of a
course of a return operation or
return operation or return
return intervention.
intervention.
162
Article 31
Article 31
Article 31
Article 31
European Return Intervention Teams
European Return Intervention Teams
European Return Intervention Teams
European Return Intervention Teams
1.
The Agency shall constitute,
1.
The Agency shall constitute,
1.
The Agency shall constitute,
1.
The Agency shall constitute,
from the pools set out in Articles 28,
from the pools set out in Articles 28,
from the pools set out in Articles 28,
from the pools set out in Articles 28,
29 and 30, tailor-made European
29 and 30, tailor-made European
29 and 30, tailor-made European
29 and 30, tailor-made European
Return Intervention Teams for
Return Intervention Teams for
Return Intervention Teams for
Return Intervention Teams for
deployment during return
deployment during return
deployment during return
deployment during return
interventions.
interventions.
interventions.
interventions.
2.
Articles 20, 21 and 23 shall
2.
Articles 20, 21, and 23, 24 and
2.
Articles 20, 21 and 23 shall
2.
Articles 20, 21 and 23 shall
apply
mutatis mutandis to the
25 shall apply
mutatis mutandis to
apply
mutatis mutandis to the
apply
mutatis mutandis to the
European Return Intervention
the European Return Intervention
European Return Intervention
European Return Intervention
Teams.
Teams.
Teams.
Teams.
Article 32
Article 32
Article 32
Article 32
Return Interventions
Return Interventions
Return Interventions
Return Interventions
1.
In circumstances where
1.
In circumstances where a
1.
In circumstances where
1.
In circumstances where a
Member States are facing a heavy
Member States are is facing a heavy
Member States are facing a heavy
Member States are is facing a heavy
burden when implementing the
burden when implementing the
burden when implementing the
burden when implementing the
obligation to return illegally staying
obligation to return illegally staying
obligation to return illegally staying
obligation to return
third-country
third-country nationals in accordance
third-country nationals in accordance
third-country nationals
who are the
nationals who are the subject of
with Directive 2008/115/EC, the
with Directive 2008/115/EC, the
subject of return decisions issued by
return decisions issued by a
Agency shall, upon request of one or
Agency shall, upon request of one or
a Member State in accordance with
Member State, the Agency shall,
more Member States, provide the
more that Member States, provide
Directive 2008/115/EC, the Agency
upon request of one or more that
appropriate technical and operational
the appropriate technical and
shall, upon request of one or more
Member States, provide the
assistance in the form of a return
operational assistance in the form of
Member States, provide the
appropriate technical and operational
intervention. Such intervention may
a return intervention. Such
appropriate technical and operational
assistance in the form of a return
consist in the deployment of
intervention may consist in of the
assistance in the form of a return
intervention. Such intervention may
European Return Intervention Teams
deployment of European Return
intervention
or a rapid return
consist in of the deployment of
to the host Member States and the
Intervention Teams to the host
intervention. Such intervention may
European Return Intervention Teams
organisation of return operations
Member States and the organisation
consist in the deployment
or rapid
to the host Member States and the
from the host Member States.
of return operations from the host
deployment of European Return
organisation of return operations
Member States shall regularly inform
Member State. Member States
Intervention Teams to the host
from the host Member State.
the Agency of their needs for
concerned shall regularly inform the
Member States and the organisation
Member States concerned shall
technical and operational assistance,
Agency of their needs for technical
of return operations from the host
regularly inform the Agency of their
163
and the Agency shall draw up a
and operational assistance, and the
Member States. Member States shall
needs for technical and operational
rolling plan for return interventions
Agency shall draw up a rolling plan
regularly inform the Agency of their
assistance, and the Agency shall
on this basis.
for return interventions on this basis.
needs for technical and operational
draw up a rolling plan for return
assistance, and the Agency shall
interventions on this basis.
draw up a rolling plan for return
interventions on this basis.
2.
In circumstances where
2.
In circumstances where a
2.
In circumstances where
2.
In circumstances where a
Member States are facing specific
Member States are is facing specific
Member States are facing specific
Member States are is facing specific
and disproportionate pressure when
and disproportionate pressure when
and disproportionate pressure when
and disproportionate pressure when
implementing their obligation to
implementing their its obligation to
implementing their obligation to
implementing their its obligation to
return illegally staying third-country
return illegally staying third-country
return illegally staying third-country
return illegally staying third-country
nationals in accordance with
nationals in accordance with
nationals in accordance with
nationals in accordance with
Directive 2008/115/EC, the Agency
Directive 2008/115/EC, the Agency
Directive 2008/115/EC, the Agency
Directive 2008/115/EC
third-
shall, upon the request of one or
shall, upon the request of one or
shall, upon the request of one or
country nationals who are the
more Member States, provide the
more that Member State, provide the
more Member States, provide the
subject of return decisions issued
appropriate technical and operational
appropriate technical and operational
appropriate technical and operational
by a Member State, the Agency
assistance in the form of a rapid
assistance in the form of a rapid
assistance in the form of a rapid
shall, upon the request of one or
return intervention. The Agency may
return intervention. The Agency may
return intervention. The Agency may
more that Member State, provide the
propose on its own initiative to
propose on its own initiative to
propose on its own initiative to
appropriate technical and operational
provide to the Member States such
provide to theat Member States such
provide to the Member States such
assistance in the form of a rapid
technical and operational assistance.
technical and operational assistance.
technical and operational assistance.
return intervention. The Agency may
A rapid return intervention may
A rapid return intervention may
A rapid return intervention may
propose on its own initiative to
consist in the rapid deployment of
consist in the rapid deployment of
consist in the rapid deployment of
provide to that Member States such
European Return Intervention Teams
European Return Intervention Teams
European Return Intervention Teams
technical and operational assistance.
to the host Member States and the
to the host Member States and the
to the host Member States and the
A rapid return intervention may
organisation of return operations
organisation of return operations
organisation of return operations
consist in the rapid deployment of
from the host Member States.
from the host Member States.
from the host Member States.
European Return Intervention Teams
to the host Member States and the
organisation of return operations
from the host Member States.
3.
The Executive Director shall
3.
The Executive Director shall
3.
The Executive Director shall
3.
The Executive Director shall
draw up an operational plan without
draw up an operational plan without
draw up an operational plan without
draw up an operational plan without
delay, in agreement with the host
delay, in agreement with the host
delay, in agreement with the host
delay, in agreement with the host
Member States and the Member
Member States and the participating
Member States and the Member
Member States and the participating
164
States willing to participate in a
Member States willing to participate
States willing to participate in a
Member States willing to participate
return intervention.
in a on the return intervention.
return intervention.
Article 15 shall
in a on the return intervention.
The
apply mutatis mutandis.
relevant provisions of Article 15
shall apply. mutatis mutandis
165
4.
The operational plan shall be
4.
The operational plan shall be
4.
The operational plan shall be
deleted
binding on the Agency, the host
binding on the Agency, the host
binding on the Agency, the host
Member States and the participating
Member States and the participating
Member States and the participating
Member States, and it shall cover all
Member States. and it It shall cover
Member States, and it shall cover all
aspects that are necessary for
all aspects that are necessary for
aspects that are necessary for
carrying out the return intervention,
carrying out the return intervention,
carrying out the return intervention,
in particular the description of the
in particular the description of the
in particular the description of the
situation, objectives, the start and
situation, objectives, the start and
situation, objectives, the start and
foreseeable duration of the
foreseeable duration of the
foreseeable duration of the
intervention, geographical coverage
intervention, geographical coverage
intervention, geographical coverage
and possible deployment to third
and possible deployment to third
and possible deployment to third
countries, composition of the
countries, composition of the
countries, composition of the
European Return Intervention Team,
European Return Intervention Team,
European Return Intervention Team,
logistics, financial provisions,
logistics, financial provisions,
logistics, financial provisions,
modalities of cooperation with third
modalities of cooperation with third
modalities of cooperation with third
countries, other Union agencies and
countries, other Union agencies and
countries, other Union agencies and
bodies, relevant international and
bodies, relevant international and
bodies, relevant international and
non-governmental organisations.
non-governmental organisations.
non-governmental organisations.
Any amendment to or adaptation of
Any amendment to or adaptation of
the operational plan shall require the
the operational plan shall require the
agreement of the Executive Director,
agreement of the Executive Director,
the host Member State and the
the host Member State and the
participating Member States. A copy
participating Member States. A copy
of the amended or adapted
of the amended or adapted
operational plan shall be immediately
operational plan shall be immediately
sent by the Agency to the Member
sent by the Agency to the Member
States concerned and the
States concerned and the
Management Board.
Management Board.
4a.
Any amendment to or
deleted
adaptation of the operational plan
shall require the agreement of the
Executive Director, the host Member
State and the participating Member
States. A copy of the amended or
166
adapted operational plan shall be
immediately sent by the Agency to
the Member States concerned and the
Management Board.
5.
The Executive Director shall
5.
The Executive Director shall
5.
The Executive Director shall
5.
The Executive Director shall
take a decision on the operational
take a decision on the operational
take a decision on the operational
take a decision on the operational
plan as soon as possible and, in the
plan as soon as possible and, in the
plan as soon as possible and, in the
plan as soon as possible and, in the
case referred to in paragraph 2,
case referred to in paragraph 2,
case referred to in paragraph 2,
case referred to in paragraph 2,
within five working days. The
within five working days. The
within five working days. The
within five working days. The
decision shall be immediately
decision shall be immediately
decision shall be immediately
decision shall be immediately
notified in writing to the Member
notified in writing to the Member
notified in writing to the Member
notified in writing to the Member
States concerned and to the
States concerned and to the
States concerned and to the
States concerned and to the
Management Board.
Management Board.
Management Board.
Management Board.
6.
The Agency shall finance or
6.
The Agency shall finance or
6.
The Agency shall finance or
6.
The Agency shall finance or
co-finance return interventions with
co-finance return interventions with
co-finance return interventions with
co-finance return interventions with
grants from its budget in accordance
grants from its budget in accordance
grants from its budget
and through
grants from its budget in accordance
with the financial rules applicable to
with the financial rules applicable to
contracts in accordance with the
with the financial rules applicable to
the Agency.
the Agency.
financial rules applicable to the
the Agency.
Agency.
CHAPTER III
CHAPTER III
CHAPTER III
CHAPTER III
GENERAL PROVISIONS
GENERAL PROVISIONS
GENERAL PROVISIONS
GENERAL PROVISIONS
SECTION 1
SECTION 1
SECTION 1
SECTION 1
GENERAL RULES
GENERAL RULES
GENERAL RULES
GENRERAL RULES
Article 33
Article 33
Article 33
Article 33
Protection of Fundamental Rights
Protection of Fundamental Rights
Protection of Fundamental Rights
Protection of Fundamental Rights
and a Fundamental Rights Strategy
and a Fundamental Rights Strategy
and a Fundamental Rights Strategy
and a Fundamental Rights Strategy
1.
The European Border and
1.
The European Border and
1.
The European Border and
1.
The European Border and
Coast Guard shall guarantee the
Coast Guard shall guarantee the
Coast Guard shall guarantee the
Coast Guard shall guarantee the
protection of fundamental rights in
protection of fundamental rights in
protection of fundamental rights in
protection of fundamental rights in
the performance of its tasks under
the performance of its tasks under
the performance of its tasks under
the performance of its tasks under
this Regulation in accordance with
this Regulation in accordance with
this Regulation in accordance with
this Regulation in accordance with
relevant Union law, in particular the
relevant Union law, in particular the
relevant Union law, in particular the
relevant Union law, in particular the
Charter of Fundamental Rights of the
Charter of Fundamental Rights of the
Charter of Fundamental Rights of the
Charter
of Fundamental Rights of
European Union, relevant
European Union, relevant
European Union,
the European
the European Union,
the European
167
international law, including the
international law, including the
Convention for the Protection of
Convention for the Protection of
Convention Relating to the Status of
Convention Relating to the Status of
Human Rights and Fundamental
Human Rights and Fundamental
Refugees and obligations related to
Refugees and obligations related to
Freedoms, relevant international law,
Freedoms, relevant international
access to international protection, in
access to international protection, in
including the United Nations
law,
including the United Nations
particular the principle of
non-
particular the principle of
non-
Convention on the Rights of the
Convention on the Rights of the
refoulement. For that purpose, the
refoulement. For that purpose, the
Child, the Convention on the
Child, the Convention on the
Agency shall draw up and further
Agency shall draw up and further
Elimination of all Forms of
Elimination of all Forms of
develop and implement a
develop and implement a
Discrimination Against Women, the
Discrimination Against Women,
Fundamental Rights Strategy.
Fundamental Rights Strategy.
1951 Convention Relating to the
the
1951 Convention Relating to the
Status of Refugees
, the 1967
Status of Refugees
, the 1967
Protocol thereto and obligations
Protocol thereto and obligations
related to access to international
related to access to international
protection, in particular the principle
protection, in particular the principle
of
non-refoulement. For that purpose,
of non-refoulement.
the Agency shall draw up and further
develop and implement a
For that purpose, the Agency shall
Fundamental Rights Strategy.
draw up and further develop and
For that purpose, the Agency shall
implement a Fundamental Rights
draw up and further develop and
Strategy including an effective
implement a Fundamental Rights
mechanism to monitor the respect
Strategy including an effective
for fundamental rights in all the
mechanism to monitor the respect
activities of the Agency.
for fundamental rights in all the
activities of the Agency.
It shall pay particular attention to
children's rights so as to ensure that
the best interests of the child are
respected in all its activities.
2.
In the performance of its tasks
2.
In the performance of its tasks
2.
In the performance of its tasks
2.
In the performance of its tasks
the European Border and Coast
the European Border and coastGuard
the European Border and Coast
the European Border
and Coast
Guard shall ensure that no person is
shall ensure that no person is
Guard shall ensure that no person is
Guard shall ensure that no person is
disembarked in, forced to enter,
disembarked in, forced to enter,
disembarked in, forced to enter,
disembarked in, forced to enter,
conducted to or otherwise handed
conducted to or otherwise handed
conducted to or otherwise handed
conducted to or otherwise handed
over or returned to the authorities of
over or returned to the authorities of
over or returned to the authorities of
over or returned to the authorities of
168
a country in contravention of the
a country in contravention of the
a country in contravention of the
a country in contravention of the
principle of
non-refoulement, or from
principle of
non-refoulement, or from
principle of non-refoulement, or from
principle of
non-refoulement, or from
which there is a risk of expulsion or
which there is a risk of expulsion or
which there is a risk of expulsion or
which there is a risk of expulsion or
return to another country in
return to another country in
return to another country in
return to another country in
contravention of that principle.
contravention of that principle.
contravention of that principle.
contravention of that principle.
3.
The European Border and
3.
The European Border and
3.
The European Border and
3.
The European Border
and
Coast Guard shall, in the
Coast Guard shall, in the
Coast Guard shall, in the
Coast Guard shall, in the
performance of its tasks, take into
performance of its tasks, take into
performance of its tasks, take into
performance of its tasks, take into
account the special needs of children,
account the special needs of children,
account the special needs of children,
account the special needs of children,
victims of trafficking in human
victims of trafficking in human
unaccompanied minors, persons
unaccompanied minors, persons
beings, persons in need of medical
beings, persons in need of medical
with disabilities, victims of
with disabilities, victims of
assistance, persons in need of
assistance, persons in need of
trafficking in human beings, persons
trafficking in human beings, persons
international protection, persons in
international protection, persons in
in need of medical assistance,
in need of medical assistance,
distress at sea and other persons in a
distress at sea and other persons in a
persons in need of international
persons in need of international
particularly vulnerable situation.
particularly vulnerable situation.
protection, persons in distress at sea
protection, persons in distress at sea
and other persons in a particularly
and other persons in a particularly
vulnerable situation.
vulnerable situation.
The European Border
and Coast
Guard shall in all its activities pay
particular attention to children's
rights and ensure that the best
interests of the child are respected.
169
4.
In the performance of its tasks,
4.
In the performance of its tasks,
4.
In the performance of its tasks,
4.
In the performance of its tasks,
in its relations with Member States
in its relations with Member States
in its relations with Member States
in its relations with Member States
and in its cooperation with third
and in its cooperation with third
and in its cooperation with third
and in its cooperation with third
countries, the Agency shall take into
countries, the Agency shall take into
countries, the Agency shall take into
countries, the Agency shall take into
account the reports of the
account the reports of the
account the reports of the
account the reports of the
Consultative Forum and the
Consultative Forum and the
Consultative Forum and the
Consultative Forum and the
Fundamental Rights Officer.
Fundamental Rights Officer.
Fundamental Rights Officer.
Fundamental Rights Officer.
Article 34
Article 34
Article 34
Article 34
Codes of Conduct
Codes of Conduct
Codes of Conduct
Codes of Conduct
1.
The Agency shall draw up and
1.
The Agency shall draw up and
1.
The Agency shall draw up and
1.
The Agency shall draw up and
further develop a Code of Conduct
further develop a Code of Conduct
further develop a Code of Conduct
further develop a Code of Conduct
applicable to all border control
applicable to all border control
applicable to all border control
applicable to all border control
operations coordinated by the
operations coordinated by the
operations coordinated by the
operations coordinated by the
Agency. The Code of Conduct shall
Agency. The Code of Conduct shall
Agency. The Code of Conduct shall
Agency. The Code of Conduct shall
lay down procedures intended to
lay down procedures intended to
lay down procedures intended to
lay down procedures intended to
guarantee the principles of the rule of
guarantee the principles of the rule of
guarantee the principles of the rule of
guarantee the principles of the rule of
law and respect for fundamental
law and respect for fundamental
law and respect for fundamental
law and respect for fundamental
rights with particular focus on
rights with particular focus on
rights with particular focus on
rights with particular focus on
unaccompanied minors and persons
unaccompanied minors and persons
vulnerable persons, including
vulnerable persons, including
in a vulnerable situation, as well as
in a vulnerable situation, as well as
children, unaccompanied minors and
children, unaccompanied minors and
on persons seeking international
on persons seeking international
other persons in a vulnerable
other persons in a vulnerable
protection, applicable to all persons
protection, applicable to all persons
situation, as well as on persons
situation, as well as on persons
participating in the activities of the
participating in the activities of the
seeking international protection,
seeking international protection,
Agency.
Agency.
applicable to all persons participating
applicable to all persons participating
in the activities of the Agency.
in the activities of the Agency.
2.
The Agency shall develop and
2.
The Agency shall develop and
2.
The Agency shall develop and
2.
The Agency shall develop and
regularly update a Code of Conduct
regularly update a Code of Conduct
regularly update a Code of Conduct
regularly update a Code of Conduct
for the return of illegally staying
for the return of illegally staying
for the return of illegally staying
for the return of third country
third-country nationals which shall
third-country nationals which shall
third-country nationals
who are the
nationals who are the subject of a
apply during all return operations and
apply during all return operations and
subject of return decisions issued by
return decisions issued by a Member
return interventions coordinated or
return interventions coordinated or
a Member State in accordance with
State
, which shall apply during all
organised by the Agency. That Code
organised by the Agency. That Code
Directive 2008/115/EC, which shall
return operations and return
of Conduct shall describe common
of Conduct shall describe common
apply during all return operations and
interventions coordinated or
standardised procedures to simplify
standardised procedures to simplify
return interventions coordinated or
organised by the Agency. That Code
170
the organisation of return operations
the organisation of return operations
organised by the Agency. That Code
of Conduct shall describe common
and return interventions, and assure
and return interventions, and assure
of Conduct shall describe common
standardised procedures to simplify
return in a humane manner and with
return in a humane manner and with
standardised procedures to simplify
the organisation of return operations
full respect for fundamental rights, in
full respect for fundamental rights, in
the organisation of return operations
and return interventions, and assure
particular the principles of human
particular the principles of human
and return interventions, and assure
return in a humane manner and with
dignity, prohibition of torture and of
dignity, prohibition of torture and of
return in a humane manner and with
full respect for fundamental rights, in
inhuman or degrading treatment or
inhuman or degrading treatment or
full respect for fundamental rights, in
particular the principles of human
punishment, the right to liberty and
punishment, the right to liberty and
particular the principles of human
dignity, prohibition of torture and of
security and the right to the
security and the right to the
dignity, prohibition of torture and of
inhuman or degrading treatment or
protection of personal data and non-
protection of personal data and non-
inhuman or degrading treatment or
punishment, the right to liberty and
discrimination.
discrimination.
punishment, the right to liberty and
security and the right to the
security and the right to the
protection of personal data and non-
protection of personal data and non-
discrimination.
discrimination.
3.
The Code of Conduct for return
3.
The Code of Conduct for return
3.
The Code of Conduct for return
3.
The Code of Conduct for return
shall in particular pay attention to the
shall in particular pay attention to the
shall in particular pay attention to the
shall in particular pay attention to the
obligation of Member States to
obligation of Member States to
obligation of Member States to
obligation of Member States to
provide for an effective forced-return
provide for an effective forced-return
provide for an effective forced-return
provide for an effective forced-return
monitoring system as set out in
monitoring system as set out in
monitoring system as set out in
monitoring system as set out in
Article 8(6) of Directive
Article 8(6) of Directive
Article 8(6) of Directive
Article 8(6) of Directive
2008/115/EC
1 and to the
2008/115/EC 2 and to the
2008/115/EC
3 and to the
2008/115/EC
4 and to the
Fundamental Rights Strategy.
Fundamental Rights Strategy.
Fundamental Rights Strategy.
Fundamental Rights Strategy.
4.
The Agency shall develop and
4.
The Agency shall develop and
4.
The Agency shall develop and
4.
The Agency shall develop and
regularly update its Codes of
regularly update its Codes of
regularly update its Codes of
regularly update its Codes of
Conduct in cooperation with the
Conduct in cooperation with the
Conduct in cooperation with the
Conduct in cooperation with the
Consultative Forum.
Consultative Forum.
Consultative Forum.
Consultative Forum.
Article 35
Article 35
Article 35
Article 35
Training
Training
Training
Training
1
OJ L 348, 21.12.2008, p. 98.
2
OJ L 348, 21.12.2008, p. 98.
3
OJ L 348, 21.12.2008, p. 98.
4
OJ L 348, 21.12.2008, p. 98.
171
1.
The Agency shall, in
1.
The Agency shall, in
1.
The Agency shall, in
1.
The Agency shall, in
cooperation with the appropriate
cooperation with the appropriate
cooperation with the appropriate
cooperation with the appropriate
training entities of the Member
training entities of the Member
training entities of the Member
training entities of the Member
States, develop specific training tools
States, develop specific training tools
States,
EASO and the European
States,
and, where appropriate,
and provide border guards and other
and provide border guards and other
Union Agency for Fundamental
EASO and the European Union
relevant staff who are members of
relevant staff who are members of
Rights, develop specific training
Agency for Fundamental Rights,
the European Border and Coast
the European Border and coastGuard
tools
, including specific training in
develop specific training tools
,
Guard Teams with advanced training
Teams with advanced training
the protection of children and other
including specific training in the
relevant to their tasks and powers.
relevant to their tasks and powers.
persons in a vulnerable situation,
protection of children and other
Experts from the staff of the Agency
Experts from the staff of the Agency
and provide border guards and other
persons in a vulnerable situation,
shall conduct regular exercises with
shall conduct regular exercises with
relevant staff who are members of
and provide border guards and other
those border guards in accordance
those border guards in accordance
the European Border and Coast
relevant staff who are members of
with the advanced training and
with the advanced training and
Guard Teams with advanced training
the European Border and Coast
exercise schedule referred to in the
exercise schedule referred to in the
relevant to their tasks and powers.
Guard Teams with advanced training
annual work programme of the
annual work programme of the
Experts from the staff of the Agency
relevant to their tasks and powers.
Agency.
Agency.
shall conduct regular exercises with
Experts from the staff of the Agency
those border guards in accordance
shall conduct regular exercises with
with the advanced training and
those border guards in accordance
exercise schedule referred to in the
with the advanced training and
annual work programme of the
exercise schedule referred to in the
Agency.
annual work programme of the
Agency.
2.
The Agency shall take the
2.
The Agency shall take the
2.
The Agency shall take the
The Agency shall take the necessary
necessary initiatives to ensure that all
necessary initiatives to ensure that all
necessary initiatives to ensure that all
initiatives to ensure that all border
border guards and other relevant staff
border guards and other relevant staff
border guards and other relevant staff
guards and other relevant staff of the
of the Member States who participate
of the Member States who participate
of the Member States who participate
Member States who participate in the
in the European Border and Coast
in the European Border and
in the European Border and Coast
European Border and Coast Guard
Guard Teams, as well as the staff of
coastGuard Teams, as well as the
Guard Teams, as well as the staff of
Teams, as well as the staff of the
the Agency, have received, prior to
staff of the Agency, have received,
the Agency, have received, prior to
Agency, have received, prior to their
their participation in operational
prior to their participation in
their participation in operational
participation in operational activities
activities organised by the Agency,
operational activities organised by
activities organised by the Agency,
organised by the Agency, training in
training in relevant Union and
the Agency, training in relevant
training in relevant Union and
relevant Union and international law,
international law, including on
Union and international law,
international law, including on
including on fundamental rights,
fundamental rights, access to
including on fundamental rights,
fundamental rights, access to
access to international protection and
172
international protection and search
access to international protection and
international protection and search
where appropiate search and rescue.
and rescue.
where appropiate search and rescue.
and rescue.
2a.
The Agency shall finance 100
2a.
The Agency shall finance 100
% of the necessary training for
% of the necessary training for
border guards included in the rapid
border guards to be included in the
reaction pool referred to in Article
rapid reaction pool referred to in
19(5), insofar as this training is
Article 19(5), insofar as this training
required for the purposes of their
is required for the purposes of their
participation in this pool.
participation in this pool.
3.
The Agency shall take the
3.
The Agency shall take the
3.
The Agency shall take the
3.
The Agency shall take the
necessary initiatives to ensure
necessary initiatives to ensure
necessary initiatives to ensure
necessary initiatives to ensure
training for staff involved in return-
training for staff involved in return-
training for staff involved in return-
training for staff involved in return-
related tasks to be part of the pools
related tasks to be part of the pools
related tasks to be part of the pools
related tasks to be part of the pools
referred to in Articles 28, 29 and 30.
referred to in Articles 28, 29 and 30.
referred to in Articles 28, 29 and 30.
referred to in Articles 28, 29 and 30.
The Agency shall ensure that all staff
The Agency shall ensure that all staff
The Agency shall ensure that all staff
The Agency shall ensure that all staff
who participate in return operations
who participate in return operations
who participate in return operations
who participate in return operations
and in return interventions, as well as
and in return interventions, as well as
and in return interventions, as well as
and in return interventions, as well as
the staff of the Agency, have
the staff of the Agency, have
the staff of the Agency, have
the staff of the Agency, have
received, prior to their participation
received, prior to their participation
received, prior to their participation
received, prior to their participation
in operational activities organised by
in operational activities organised by
in operational activities organised by
in operational activities organised by
the Agency, training in relevant
the Agency, training in relevant
the Agency, training in relevant
the Agency, training in relevant
Union and international law,
Union and international law,
Union and international law,
Union and international law,
including fundamental rights and
including fundamental rights and
including fundamental rights
, access
including fundamental rights and
access to international protection.
access to international protection.
to international protection and
access to international protection.
access to international protection
referral mechanisms for vulnerable
persons.
4.
The Agency shall establish and
4.
The Agency shall establish and
4.
The Agency shall establish and
4.
The Agency shall establish and
further develop common core
further develop common core
further develop common core
further develop common core
curricula for the training of border
curricula for the training of border
curricula for the training of border
curricula for the training of border
guards and provide training at
guards and provide training at
guards and provide training at
guards and provide training at
European level for instructors of the
European level for instructors of the
European level for instructors of the
European level for instructors of the
national border guards of Member
national border guards of Member
national border guards of Member
national border guards of Member
States, including with regard to
States, including with regard to
States, including with regard to
States, including with regard to
173
fundamental rights, access to
fundamental rights, access to
fundamental rights, access to
fundamental rights, access to
international protection and relevant
international protection and relevant
international protection and relevant
international protection and relevant
maritime law. The Agency shall
maritime law. The Agency shall
maritime law.
The core curricula
maritime law.
The core curricula
draw up the common core curricula
draw up the common core curricula
shall aim to promote the highest
shall aim to promote the highest
after consulting the Consultative
after consulting the Consultative
standards and best practices in the
standards and best practices in the
Forum. Member States shall integrate
Forum and the Fundamental Rights
implementation of Union border
implementation of Union border
the common core curricula in the
Officer. Member States shall
management legislation. The
management legislation. The
training of their national border
integrate the common core curricula
Agency shall draw up the common
Agency shall draw up the common
guards and staff involved in return-
in the training of their national
core curricula after consulting the
core curricula after consulting the
related tasks.
border guards and staff involved in
Consultative Forum. Member States
Consultative Forum and the
return-related tasks.
shall integrate the common core
Fundamental Rights Officer.
curricula in the training of their
Member States shall integrate the
national border guards and staff
common core curricula in the
involved in return-related tasks.
training of their national border
guards and staff involved in return-
related tasks.
5.
The Agency shall also offer
5.
The Agency shall also offer
5.
The Agency shall also offer
5.
The Agency shall also offer
additional training courses and
additional training courses and
additional training courses and
additional training courses and
seminars on subjects related to the
seminars on subjects related to the
seminars on subjects related to the
seminars on subjects related to the
control of the external borders and
control of the external borders and
control of the external borders and
control of the external borders and
return of third-country nationals for
return of third-country nationals for
return of third-country nationals for
return of third-country nationals for
officers of the competent national
officers of the competent national
officers of the competent national
officers of the competent national
services of Member States.
services of Member States and where
services of Member States.
services of Member States and where
appropriate of third countries.
appropriate of third countries.
6.
The Agency may organise
6.
The Agency may organise
6.
The Agency may organise
6.
The Agency may organise
training activities in cooperation with
training activities in cooperation with
training activities in cooperation with
training activities in cooperation with
Member States and third countries on
Member States and third countries on
Member States and third countries on
Member States and third countries on
their territory.
their territory.
their territory.
their territory.
7.
The Agency shall establish an
7.
The Agency shall establish an
7.
The Agency shall establish an
7.
The Agency shall establish an
exchange programme enabling
exchange programme enabling
exchange programme enabling
exchange programme enabling
border guards participating in the
border guards participating in the
border guards participating in the
border guards participating in the
European Border and Coast Guard
European Border and Coast Guard
European Border and Coast Guard
European Border
and Coast Guard
Teams and staff participating in the
Teams and staff participating in the
Teams and staff participating in the
Teams and staff participating in the
European Return Intervention Teams
European Return Intervention Teams
European Return Intervention Teams
European Return Intervention Teams
174
to acquire knowledge or specific
to acquire knowledge or specific
to acquire knowledge or specific
to acquire knowledge or specific
know-how from experiences and
know-how from experiences and
know-how from experiences and
know-how from experiences and
good practices abroad by working
good practices abroad by working
good practices abroad by working
good practices abroad by working
with border guards and staff involved
with border guards and staff involved
with border guards and staff involved
with border guards and staff involved
in return-related tasks in a Member
in return-related tasks in a Member
in return-related tasks in a Member
in return-related tasks in a Member
State other than their own.
State other than their own.
State other than their own.
State other than their own.
Article 36
Article 36
Article 36
Article 36
Research and innovation
Research and innovation
Research and innovation
Research and innovation
1.
The Agency shall proactively
1.
The Agency shall proactively
1.
The Agency shall proactively
1.
The Agency shall proactively
monitor and contribute to research
monitor and contribute to research
monitor and contribute to research
monitor and contribute to research
and innovation activities relevant for
and innovation activities relevant for
and innovation activities relevant for
and innovation activities relevant for
the control of the external borders,
the control of the external borders,
the control of the external borders,
the control of the external borders,
including the use of advanced
including the use of advanced
including the use of advanced
European integrated border
surveillance technology such as
surveillance technology such as
surveillance technology such as
management including the use of
remotely piloted aircraft systems, and
remotely piloted aircraft systems, and
remotely piloted aircraft systems, and
advanced surveillance technology.
for return. The Agency shall
for return. The Agency shall
for return
European integrated
such as remotely piloted aircraft
disseminate the results of that
disseminate the results of that
border management. The Agency
systems, and for return The Agency
research to the Commission and the
research to the Commission and the
shall disseminate the results of that
shall disseminate the results of that
Member States. It may use those
Member States. It may use those
research to the
European
research to the
European
results as appropriate in joint
results as appropriate in joint
Parliament, to the Member States
Parliament, to the Member States
operations, rapid border
operations, rapid border
and to the Commission and the
and to the Commission in
interventions, return operations and
interventions, return operations and
Member States
make them publicly
accordance with Article 49. and the
return interventions.
return interventions.
available. It may use those results as
Member States
make them publicly
appropriate in joint operations, rapid
available. It may use those results as
border interventions, return
appropriate in joint operations, rapid
operations and return interventions.
border interventions, return
operations and return interventions.
2.
The Agency shall assist the
2.
The Agency shall assist the
2.
The Agency shall assist the
2.
The Agency shall assist the
Member States and the Commission
Member States and the Commission
Member States and the Commission
Member States and the Commission
in identifying key research themes.
in identifying key research themes.
in identifying key research themes.
in identifying key research themes.
The Agency shall assist the
The Agency shall assist Member
The Agency shall assist
Member
The Agency shall assist Member
Commission in the definition and
States and the Commission in the
States and the Commission in the
States and the Commission in the
175
accomplishment of the relevant
definition and accomplishment of the
definition and accomplishment of the
definition and accomplishment of the
Union framework programmes for
relevant Union framework
relevant Union framework
relevant Union framework
research and innovation activities.
programmes for research and
programmes for research and
programmes for research and
innovation activities.
innovation activities.
innovation activities.
3.
The Agency shall, within the
3.
The Agency shall, within the
3.
The Agency shall, within the
3.
The Agency shall, within the
Framework Programme for Research
Framework Programme for Research
Framework Programme for Research
Framework Programme for Research
and Innovation, in particular the
and Innovation, in particular the
and Innovation, in particular the
and Innovation, in particular the
Specific Programme Implementing
Specific Programme Implementing
Specific Programme Implementing
Specific Programme Implementing
Horizon 2020 implement the parts of
Horizon 2020 implement the parts of
Horizon 2020 implement the parts of
Horizon 2020 implement the parts of
the Framework Programme for
the Framework Programme for
the Framework Programme for
the Framework Programme for
Research and Innovation which
Research and Innovation which
Research and Innovation which
Research and Innovation which
relate to border security. For that
relate to border security. For that
relate to border security. For that
relate to border security. For that
purpose, the Agency shall have the
purpose, the Agency shall have the
purpose, the Agency shall have the
purpose, the Agency shall have the
following tasks:
following tasks:
following tasks:
following tasks:
(a)
managing some stages of
(a)
managing some stages of
(a)
managing some stages of
(a)
managing some stages of
programme implementation and
programme implementation and
programme implementation and
programme implementation and
some phases in the lifetime of
some phases in the lifetime of
some phases in the lifetime of
some phases in the lifetime of
specific projects on the basis of the
specific projects on the basis of the
specific projects on the basis of the
specific projects on the basis of the
relevant work programmes adopted
relevant work programmes adopted
relevant work programmes adopted
relevant work programmes adopted
by the Commission, where the
by the Commission, where the
by the Commission, where the
by the Commission, where the
Commission has empowered the
Commission has empowered the
Commission has empowered the
Commission has empowered the
Agency to do so in the instrument of
Agency to do so in the instrument of
Agency to do so in the instrument of
Agency to do so in the instrument of
delegation;
delegation;
delegation;
delegation;
(b)
adopting the instruments of
(b)
adopting the instruments of
(b)
adopting the instruments of
(b)
adopting the instruments of
budget execution for revenue and
budget execution for revenue and
budget execution for revenue and
budget execution for revenue and
expenditure and carrying out all the
expenditure and carrying out all the
expenditure and carrying out all the
expenditure and carrying out all the
operations necessary for the
operations necessary for the
operations necessary for the
operations necessary for the
management of the programme,
management of the programme,
management of the programme,
management of the programme,
where the Commission has
where the Commission has
where the Commission has
where the Commission has
empowered the Agency to do so in
empowered the Agency to do so in
empowered the Agency to do so in
empowered the Agency to do so in
the instrument of delegation;
the instrument of delegation;
the instrument of delegation;
the instrument of delegation;
(c) providing support in programme
(c)
providing support in
(c) providing support in programme
(c)
providing support in
implementation where the
programme implementation where
implementation where the
programme implementation where
Commission has empowered the
the Commission has empowered the
Commission has empowered the
the Commission has empowered the
176
Agency to do so in the instrument of
Agency to do so in the instrument of
Agency to do so in the instrument of
Agency to do so in the instrument of
delegation.
delegation.
delegation.
delegation.
4.
The Agency may plan and
4.
The Agency may plan and
4.
The Agency may plan and
4.
The Agency may plan and
implement pilot projects regarding
implement pilot projects regarding
implement pilot projects regarding
implement pilot projects regarding
matters covered by this Regulation.
matters covered by this Regulation.
matters covered by this Regulation.
matters covered by this Regulation.
Article 37
Article 37
Article 37
Article 37
Acquisition of technical equipment
Acquisition of technical equipment
Acquisition of technical
Acquisition of technical equipment
1.
The Agency may acquire, itself
1.
The Agency may acquire, itself
1.
The Agency may acquire, itself
1. The Agency may acquire, itself or
or in co-ownership with a Member
or in co-ownership with a Member
or in co-ownership with a Member
in co-ownership with a Member
State, or lease technical equipment to
State, or lease technical equipment to
State, or lease technical equipment to
State, or lease technical equipment to
be deployed during joint operations,
be deployed during joint operations,
be deployed during joint operations,
be deployed during joint operations,
pilot projects, rapid border
pilot projects, rapid border
pilot projects, rapid border
pilot projects, rapid border
interventions, return operations,
interventions, return operations,
interventions, return operations,
interventions, return operations,
return interventions or technical
return interventions, migration
return interventions or technical
return interventions, migration
assistance projects in accordance
management support teams or
assistance projects in accordance
management support teams or
with the financial rules applicable to
technical assistance projects in
with the financial rules applicable to
technical assistance projects in
the Agency.
accordance with the financial rules
the Agency.
accordance with the financial rules
applicable to the Agency.
applicable to the Agency.
2.
The Agency may acquire
2.
The Agency may acquire
2.
The Agency may acquire
2.
The Agency may acquire
technical equipment, such as
technical equipment, such as
technical equipment, such as
technical equipment, such as
fingerprinting equipment, by
fingerprinting equipment, by
fingerprinting equipment, by
fingerprinting equipment, by
decision of the Executive Director in
decision of the Executive Director in
decision of the Executive Director in
decision of the Executive Director in
consultation with the Management
consultation with the Management
consultation with the Management
consultation with the Management
Board. Any acquisition or leasing of
Board. Any acquisition or leasing of
Board. Any acquisition or leasing of
Board. Any acquisition or leasing of
equipment entailing significant costs
equipment entailing significant costs
equipment entailing significant costs
equipment entailing significant costs
to the Agency shall be preceded by a
to the Agency shall be preceded by a
to the Agency shall be preceded by a
to the Agency shall be preceded by a
thorough needs and cost/benefit
thorough needs and cost/benefit
thorough needs and cost/benefit
thorough needs and cost/benefit
analysis. Any such expenditure shall
analysis. Any such expenditure shall
analysis
and be decided upon by the
analysis
and be decided upon by the
be provided for in the Agency’s
be provided for in the Agency’s
Management Board. Any such
Management Board. Any such
budget as adopted by the
budget as adopted by the
expenditure shall be provided for in
expenditure shall be provided for in
Management Board.
Management Board.
the Agency’s budget as adopted by
the Agency’s budget as adopted by
the Management Board.
the Management Board.
3.
Where the Agency acquires or
3.
Where the Agency acquires or
3.
Where the Agency acquires or
3.
Where the Agency acquires or
leases major technical equipment,
leases major technical equipment,
leases major technical equipment,
leases major technical equipment,
177
such as open sea and coastal patrol
such as open sea and coastal patrol
such as open sea and coastal patrol
such as open sea and coastal patrol
vessels, helicopters or other aircraft
vessels, helicopters or other aircraft
vessels, helicopters or other aircraft
vessels, helicopters or other aircraft
or vehicles the following conditions
or vehicles
1 the following conditions
or vehicles the following conditions
or vehicles the following conditions
shall apply:
shall apply:
shall apply:
shall apply:
(a)
in case of acquisition by the
(a)
in case of acquisition by the
(a)
in case of acquisition by the
(a)
in case of acquisition by the
Agency or co-ownership, the Agency
Agency or co-ownership, the Agency
Agency or co-ownership, the Agency
Agency or co-ownership, the Agency
shall agree with one Member State
shall agree with one Member State
shall agree with one Member State
shall agree with one Member State
that that Member State shall provide
that that Member State shall provide
that that Member State shall provide
that that Member State shall provide
for the registration of the equipment
for the registration of the equipment
for the registration of the equipment
for the registration of the equipment
in accordance with the applicable
in accordance with the applicable
in accordance with the applicable
in accordance with the applicable
legislation of that Member State;
legislation of that Member State;
legislation of that Member State;
legislation of that Member State;
(b)
in case of leasing, the
(b)
in case of leasing, the
(b)
in case of leasing, the
(b)
in case of leasing, the
equipment shall be registered in a
equipment shall be registered in a
equipment shall be registered in a
equipment shall be registered in a
Member State.
Member State.
Member State.
Member State.
4.
On the basis of a model
4.
On the basis of a model
4.
On the basis of a model
4.
On the basis of a model
agreement drawn up by the Agency,
agreement drawn up by the
agreement drawn up by the Agency,
agreement drawn up by the Agency
the Member State of registration and
Executive Director and approved by
the Member State of registration and
and approved by the Management
the Agency shall agree on modalities
the Management BoardAgency, the
the Agency shall agree on modalities
Board, the Member State of
ensuring the periods of full
Member State of registration and the
ensuring the periods of full
registration and the Agency shall
availability of the co-owned assets
Agency shall agree on modalities
availability of the co-owned assets
agree on modalities ensuring the
for the Agency, as well as on the
ensuring the interoperability of the
for the Agency, as well as on the
interoperability of the equipment and
terms of use of the equipment.
equipment and the periods of full
terms of use of the equipment.
the periods of full availability of the
Technical equipment owned solely
availability of the co-owned assets
Technical equipment owned solely
co-owned assets for the Agency, as
by the Agency shall be made
equipment for the Agency, as well as
by the Agency shall be made
well as on the terms of use of the
available to the Agency upon its
on the terms of use of the equipment.
available to the Agency upon its
equipment,
including specific
request and the Member State of
Technical equipment owned solely
request
at any time and the Member
provisions on rapid deployment
registration may not invoke the
by the Agency shall be made
State of registration may not invoke
during rapid border intervention
exceptional situation referred to in
available to the Agency upon its
the exceptional situation referred to
operations. Technical equipment
Article 38(4).
request and the Member State of
in Article 38(4).
owned solely by the Agency shall be
registration may not invoke the
made available to the Agency upon
exceptional situation referred to in
its request
at any time and the
Article 38(4).
Member State of registration may not
1
Will be put in recital.
178
invoke the exceptional situation
referred to in Article 38(4).
5.
The Member State of
5.
The Member State of
5.
The Member State of
5.
The Member State of
registration or the supplier of
registration or the supplier of
registration or the supplier of
registration or the supplier of
technical equipment shall provide the
technical equipment shall provide the
technical equipment shall provide the
technical equipment shall provide the
necessary experts and technical crew
necessary experts and technical crew
necessary experts and technical crew
necessary experts and technical crew
to operate the technical equipment in
to operate the technical equipment in
to operate the technical equipment in
to operate the technical equipment in
a legally sound and safe manner.
a legally sound and safe manner.
a legally sound and safe manner.
a legally sound and safe manner.
Article 38
Article 38
Article 38
Article 38
Technical equipment pool
Technical equipment pool
Technical equipment pool
Technical equipment pool
1.
The Agency shall set up and
1.
The Agency shall set up and
1.
The Agency shall set up and
1.
The Agency shall set up and
keep centralised records of
keep centralised records of
keep centralised records of
keep centralised records of
equipment in a technical equipment
equipment in a technical equipment
equipment in a technical equipment
equipment in a technical equipment
pool composed of equipment owned
pool composed of equipment owned
pool composed of equipment owned
pool composed of equipment owned
either by the Member States or by the
either by the Member States or by the
either by the Member States or by the
either by the Member States or by the
Agency and equipment co-owned by
Agency and equipment co-owned by
Agency and equipment co-owned by
Agency and equipment co-owned by
the Member States and the Agency
the Member States and the Agency
the Member States and the Agency
the Member States and the Agency
for external border control or return
for external border control or return
for external border control
, border
for
its operational activities.
purposes.
purposes.
surveillance, search and rescue or
return purposes.
1a.
Equipment owned by the
1a.
Equipment
solely owned by the
Agency shall be fully available for
Agency shall be fully available for
deployment at any time as referred
deployment at any time as referred to
to in Article 37(4).
in Article 37(4).
1b.
Equipment co-owned by the
1b.
Equipment co-owned by the
Agency at a share of more than 50%
Agency at a share of more than 50%
shall also be fully available for
shall also be available for
deployment at any time.
deployment in accordance with the
agreement between MS and Agency
as referred to in 37(4).
1c.
The Agency shall ensure the
1c.
The Agency shall ensure the
compatibility and interoperability of
compatibility and interoperability of
the equipment listed in the technical
the equipment listed in the technical
equipment pool.
equipment pool.
179
To that end it shall define technical
To that end it shall define technical
standards to be met by equipment to
standards to be met by equipment to
be acquired, totally or partially, by
be acquired, totally or partially, by
the Agency and of the equipment
the Agency and of the equipment
owned by Member States which is
owned by Member States which is
listed in the technical equipment
listed in the technical equipment
pool.
pool, where such technical
standards are necessary for the
participation in activities of the
Agency.
2.
The Executive Director shall
2.
The Executive Director shall
2.
The Executive Director shall
2.
The Executive Director shall
identify the minimum number of
identify the minimum number of
identify the minimum number of
identify the minimum number of
technical equipment in accordance
technical equipment in accordance
technical equipment in accordance
technical equipment in accordance
with the needs of the Agency,
with the needs of the Agency,
with the needs of the Agency,
with the needs of the Agency,
notably in order to be able to carry
notably in order to be able to carry
notably in order to be able to carry
notably in order to be able to carry
out joint operations and rapid border
out joint operations, migration
out joint operations and rapid border
out joint operations, migration
interventions, in accordance with the
management support teams and,
interventions, in accordance with the
management support teams and,
its work programme for the year in
rapid border interventions, return
its work programme for the year in
rapid border interventions, return
question.
operations and return interventions,
question.
operations and return interventions,
If the minimum number of technical
in accordance with the its work
If the minimum number of technical
in accordance with the its work
equipment proves to be insufficient
programme for the year in question.
equipment proves to be insufficient
programme for the year in question.
to carry out the operational plan
If the minimum number of technical
to carry out the operational plan
If the minimum number of technical
agreed for joint operations or rapid
equipment proves to be insufficient
agreed for joint operations or rapid
equipment proves to be insufficient
border interventions, the Agency
to carry out the operational plan
border interventions, the Agency
to carry out the operational plan
shall revise it on the basis of justified
agreed for joint operations or rapid
shall revise it on the basis of justified
agreed for joint operations or rapid
needs and of an agreement with the
border interventions, the Agency
needs and of an agreement with the
border interventions, the Agency
Member States.
shall revise it on the basis of justified
Member States.
shall revise it on the basis of justified
needs and of an agreement with the
needs and of an agreement with the
Member States.
Member States.
3.
The technical equipment pool
3.
The technical equipment pool
3.
The technical equipment pool
3.
The technical equipment pool
shall contain the minimum number of
shall contain the minimum number of
shall contain the minimum number of
shall contain the minimum number of
equipment identified as needed by
equipment identified as needed by
equipment identified as needed by
equipment identified as needed by
the Agency per type of technical
the Agency per type of technical
the Agency per type of technical
the Agency per type of technical
equipment. The equipment listed in
equipment. The equipment listed in
equipment. The equipment listed in
equipment.. The equipment listed in
180
the technical equipment pool shall be
the technical equipment pool shall be
the technical equipment pool shall be
the technical equipment pool shall be
deployed during joint operations,
deployed during joint operations,
deployed during joint operations,
deployed during joint operations,
pilot projects, rapid border
migration management support teams
pilot projects, rapid border
migration management support teams
interventions, return operations or
pilot projects, rapid border
interventions, return operations or
pilot projects, rapid border
return interventions.
interventions, return operations or
return interventions.
interventions, return operations or
return interventions.
return interventions.
3a.
Equipment included in the
3a.
The equipment pool shall
technical equipment pool shall be
contain a rapid reaction equipment
made available at any time for rapid
pool with a limited number of
border interventions. Member States
equipment needed for possible rapid
may not invoke the exceptional
border interventions. The
situation referred to in paragraph 4.
contributions of Member States to
this pool shall be planned in
accordance with annual bilateral
negociations and agreements referred
in paragraph 4. For the equipment on
this list, Member States may not
invoke the exceptional situation
referred to in paragraph 4.
The equipment on this list shall be
sent to the destination for
deployment as soon as possible but
not later than 10 days after the date
on which the operational plan is
agreed.
The Agency shall contribute to this
pool with equipment at the Agency’s
disposal as referred to in article
37(1).
4.
Member States shall contribute
4.
Member States shall contribute
4.
Member States shall contribute
4.
Member States shall contribute
to the technical equipment pool. The
to the technical equipment pool. The
to the technical equipment pool. The
to the technical equipment pool. The
181
contribution by Member States to the
contribution by Member States to the
contribution by Member States to the
contribution by Member States to the
pool and deployment of the technical
pool and deployment of the technical
pool and deployment of the technical
pool and deployment of the technical
equipment for specific operations
equipment for specific operations
equipment for specific operations
equipment for specific operations
shall be planned on the basis of
shall be planned on the basis of
shall be planned on the basis of
shall be planned on the basis of
annual bilateral negotiations and
annual bilateral negotiations and
annual bilateral negotiations and
annual bilateral negotiations and
agreements between the Agency and
agreements between the Agency and
agreements between the Agency and
agreements between the Agency and
Member States. In accordance with
Member States. In accordance with
Member States. In accordance with
Member States. In accordance with
those agreements and to the extent
those agreements and to the extent
those agreements and to the extent
those agreements and to the extent
that it forms part of the minimum
that it forms part of the minimum
that it forms part of the minimum
that it forms part of the minimum
number of technical equipment for a
number of technical equipment for a
number of technical equipment for a
number of technical equipment for a
given year, Member States shall
given year, Member States shall
given year, Member States shall
given year, Member States shall
make their technical equipment
make their technical equipment
make their technical equipment
make their technical equipment
available for deployment at the
available for deployment at the
available for deployment at the
available for deployment at the
request of the Agency, unless they
request of the Agency, unless they
request of the Agency, unless they
request of the Agency, unless they
are faced with an exceptional
are faced with an exceptional
are faced with an exceptional
are faced with an exceptional
situation substantially affecting the
situation substantially affecting the
situation substantially affecting the
situation substantially affecting the
discharge of national tasks. Such
discharge of national tasks. Such
discharge of national tasks.
If a
discharge of national tasks.
If a
request shall be made at least 30 days
request shall be made at least 30 45
Member State invokes such an
Member State invokes such an
before the intended deployment. The
days for major technical equipment
exceptional situation, it shall
exceptional situation, it shall
contributions to the technical
and 30 days for other equipment days
provide detailed reasons and
provide detailed in writing
equipment pool shall be reviewed
before the intended deployment. The
information on the situation in a
comprehensive reasons and
annually.
contributions to the technical
letter to the Agency, the content of
information on the situation to the
equipment pool shall be reviewed
which shall be included in the
Agency, the content of which shall
annually.
report referred to in paragraph 7.
be included in the report referred to
Such a request shall be made at least
in paragraph 7. Such request shall
30 days before the intended
be made at least 45 days for major
deployment. The contributions to the
technical equipment and 30 days for
technical equipment pool shall be
other equipment before the intended
reviewed annually.
deployment. The contributions to the
technical equipment pool shall be
reviewed annually.
5.
On a proposal of the Executive
5.
On a proposal of the Executive
5.
On a proposal of the Executive
5.
On a proposal of the Executive
Director, the Management Board
Director, the Management Board
Director, the Management Board
Director, the Management Board
shall decide, on a yearly basis, on the
shall decide, on a yearly basis, on the
shall decide, on a yearly basis, on the
shall decide, on a yearly basis, on the
182
rules relating to technical equipment,
rules relating to technical equipment,
rules relating to technical equipment,
rules relating to technical equipment,
including the required overall
including the required overall
including the required overall
including the required overall
minimum numbers per type of
minimum numbers per type of
minimum numbers per type of
minimum numbers per type of
technical equipment, the conditions
technical equipment, the conditions
technical equipment, the conditions
technical equipment, the conditions
for deployment and reimbursement
for deployment and reimbursement
for deployment and reimbursement
for deployment and reimbursement
of costs. For budgetary purposes that
of costs. For budgetary purposes that
of costs. For budgetary purposes that
of costs as well on the limited
decision should be taken by the
decision should be taken by the
decision should be taken by the
number of technical equipment for a
Management Board within 30 days
Management Board by 30 June each
Management Board within 30 days
rapid reaction equipmet pool. For
from the date of adoption of the
year. within 30 days from the date of
from the date of adoption of the
budgetary purposes that decision
annual work programme.
adoption of the annual work
annual work programme.
should be taken by the Management
programme.
Board by 30 June each year. within
30 days from the date of adoption of
the annual work programme.
5a.
If unexpected needs for
5aa. In case a Rapid Border
technical equipment for a joint
Intervention Operation is deployed,
operation or a rapid border
article 16(12) will apply accordingly.
intervention arise after the
minimum amount of technical
equipment has been set and those
needs cannot be met from the
technical equipment pool, Member
States shall on an ad hoc basis make
the necessary technical equipment
available for deployment to the
Agency upon its request.
5ab. If unexpected needs for
technical equipment for a joint
operation or a rapid border
intervention arise after the
minimum amount of technical
equipment has been set and those
needs cannot be met from the
technical equipment pool and the
Rapid Reaction equipment pool,
183
Member States shall, where
possible, on an ad hoc basis make
the necessary technical equipment
available for deployment to the
Agency upon its request.
6.
The Executive Director shall
6.
The Executive Director shall
6.
The Executive Director shall
6.
The Executive Director shall
report on the composition and the
regularly report on the composition
report on the composition and the
regularly report on the composition
deployment of equipment which is
and the deployment of equipment
deployment of equipment which is
and the deployment of equipment
part of the technical equipment pool
which is part of the technical
part of the technical equipment pool
which is part of the technical
to the Management Board at each of
equipment pool to the Management
to the Management Board at each of
equipment pool to the Management
its meetings. Where the minimum
Board at each of its meetings. Where
its meetings. Where the minimum
Board at each of its meetings. Where
number of technical equipment is not
the minimum number of technical
number of technical equipment is not
the minimum number of technical
reached, the Executive Director shall
equipment is not reached, the
reached, the Executive Director shall
equipment is not reached, the
inform the Management Board
Executive Director shall inform the
inform the Management Board
Executive Director shall inform the
without delay. The Management
Management Board without delay.
without delay. The Management
Management Board without delay.
Board shall take a decision on the
The Management Board shall take a
Board shall take a decision on the
The Management Board shall take a
prioritisation of the deployment of
decision on the prioritisation of the
prioritisation of the deployment of
decision on the prioritisation of the
the technical equipment urgently and
deployment of the technical
the technical equipment urgently and
deployment of the technical
take the appropriate steps to remedy
equipment urgently and take the
take the appropriate steps to remedy
equipment urgently and take the
the identified shortcomings. The
appropriate steps to remedy the
the identified shortcomings. The
appropriate steps to remedy the
Management Board shall inform the
identified shortcomings. The
Management Board shall inform the
identified shortcomings. The
Commission of the identified
Management Board shall inform the
Commission of the identified
Management Board shall inform the
shortcomings and the steps taken.
Commission of the identified
shortcomings and the steps taken.
Commission of the identified
The Commission shall subsequently
shortcomings and the steps taken.
The Commission shall subsequently
shortcomings and the steps taken.
inform the European Parliament and
The Commission shall subsequently
inform the European Parliament and
The Commission shall subsequently
the Council thereof, and of its own
inform the European Parliament and
the Council thereof, and of its own
inform the European Parliament and
assessment.
the Council thereof, and of its own
assessment.
the Council thereof, and of its own
assessment.
assessment.
7.
The Agency shall inform the
7.
The Agency shall inform the
7.
The Agency shall inform
7.
The Agency shall inform
European Parliament on an annual
European Parliament on an annual
submit a report to the European
submit a report to the European
basis of the number of technical
basis of the number of technical
Parliament on an annual basis of the
Parliament on an annual basis of the
equipment that each Member State
equipment that each Member State
number of technical equipment that
number of technical equipment that
has committed to the technical
has committed to the technical
each Member State has committed to
each Member State has committed to
184
equipment pool in accordance with
equipment pool in accordance with
the technical equipment pool in
the technical equipment pool in
this Article.
this Article.
accordance with this Article.
That
accordance with this Article.
That
report shall list the Member States
report shall list the Member States
that invoked the exceptional
that invoked the exceptional
situation referred to in paragraph 4
situation referred to in paragraph 4
in the previous year and include the
in the previous year and include the
reasons and information provided
reasons and information provided
by the Member State concerned.
by the Member State concerned.
8.
Member States shall register in
8.
Member States shall register in
8.
Member States shall register in
8.
Member States shall register in
the technical equipment pool all the
the technical equipment pool all the
the technical equipment pool all the
the technical equipment pool all the
means of transport and operating
means of transport and operating
means of transport and operating
means of transport and operating
equipment purchased under the
equipment purchased under the
equipment purchased under the
equipment purchased under the
Specific Actions of the Internal
Specific Actions of the Internal
Specific Actions of the Internal
Specific Actions of the Internal
Security Fund in accordance with
Security Fund in accordance with
Security Fund in accordance with
Security Fund in accordance with
Article 7(1) of Regulation (EU)
Article 7(1) of Regulation (EU)
Article 7(1) of Regulation (EU)
Article 7(1) of Regulation (EU)
No 515/2014
1 of the European
No 515/2014 2 of the European
No 515/2014
3 of the European
No 515/2014 4 of the European
Parliament and of the Council or any
Parliament and of the Council or,
Parliament and of the Council or any
Parliament and of the Council or,
other dedicated Union funding made
where relevant, any other dedicated
other dedicated Union funding made
where relevant, any other dedicated
available to the Member States in
Union funding made available to the
available to the Member States in
Union funding made available to the
view of increasing the operational
Member States in view of increasing
view of increasing the operational
Member States in view of increasing
capacity of the Agency. That
the operational capacity of the
capacity of the Agency. That
the operational capacity of the
technical equipment shall form part
Agency. That technical equipment
technical equipment shall form part
Agency. That technical equipment
of the minimum number of technical
will form part of the minimum
of the minimum number of technical
will form part of the minimum
equipment for a given year.
number of technical equipment for a
equipment for a given year.
number of technical equipment for a
given year.
given year.
1
Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing, as part of the Internal Security
Fund, the instrument for financial support for external borders and visa and repealing Decision No 574/2007/EC (OJ L 150, 20.5.2014, p. 143).
2
Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing, as part of the Internal Security
Fund, the instrument for financial support for external borders and visa and repealing Decision No 574/2007/EC (OJ L 150, 20.5.2014, p. 143).
3
Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing, as part of the Internal Security
Fund, the instrument for financial support for external borders and visa and repealing Decision No 574/2007/EC (OJ L 150, 20.5.2014, p. 143).
4
Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing, as part of the Internal Security
Fund, the instrument for financial support for external borders and visa and repealing Decision No 574/2007/EC (OJ L 150, 20.5.2014, p. 143).
185
The Member States shall make that
The Member States shall make that
The Member States shall make that
The Member States shall make that
technical equipment available for
technical equipment available for
technical equipment available for
technical equipment available for
deployment to the Agency upon its
deployment to the Agency upon its
deployment to the Agency upon its
deployment to the Agency upon its
request and it may not invoke the
request. and In case of an operation
request and it may not invoke the
request. and In case of an operation
exceptional situation referred to in
as mentioned in Article 16 or in
exceptional situation referred to in
as mentioned in Article 16 or in
paragraph 4.
Article 18, it may not invoke the
paragraph 4.
Article 18, it may not invoke the
exceptional situation referred to in
exceptional situation referred to in
paragraph 4.
paragraph 4.
9.
The Agency shall manage the
9.
The Agency shall manage the
9.
The Agency shall manage the
9.
The Agency shall manage the
records of the technical equipment
records of the technical equipment
records of the technical equipment
records of the technical equipment
pool as follows:
pool as follows:
pool as follows:
pool as follows:
(a)
classification by type of
(a)
classification by type of
(a)
classification by type of
(a)
classification by type of
equipment and by type of operation;
equipment and by type of operation;
equipment and by type of operation;
equipment and by type of operation;
(b)
classification by owner
(b)classification by owner (Member
(b)
classification by owner
(b)
classification by owner
(Member State, Agency, other);
State, Agency, other);
(Member State, Agency, other);
(Member State, Agency, other);
(c)
overall numbers of required
(c)
overall numbers of required
(c)
overall numbers of required
(c)
overall numbers of required
equipment;
equipment;
equipment;
equipment;
(d)
crew requirements if
(d)
crew requirements if
(d)
crew requirements if
(d)
crew requirements if
applicable;
applicable;
applicable;
applicable;
(e)
other information, such as
(e)
other information, such as
(e)
other information, such as
(e)
other information, such as
registration details, transportation
registration details, transportation
registration details, transportation
registration details, transportation
and maintenance requirements,
and maintenance requirements,
and maintenance requirements,
and maintenance requirements,
national applicable export regimes,
national applicable export regimes,
national applicable export regimes,
national applicable export regimes,
technical instructions, or other
technical instructions, or other
technical instructions, or other
technical instructions, or other
relevant information to handle the
relevant information to handle the
relevant information to handle the
relevant information to handle the
equipment correctly.
equipment correctly.
equipment correctly.
equipment correctly.
10.
The Agency shall finance at
10.
The Agency shall finance at
10.
The Agency shall finance at
10.
The Agency shall finance at
100% the deployment of the
100% the deployment of the
100% the deployment of the
100% the deployment of the
technical equipment which forms
technical equipment which forms
technical equipment which forms
technical equipment which forms
part of the minimum number of
part of the minimum number of
part of the minimum number of
part of the minimum number of
technical equipment provided by a
technical equipment provided by a
technical equipment provided by a
technical equipment provided by a
given Member State for a given year.
given Member State for a given year.
given Member State for a given year.
given Member State for a given year.
The deployment of technical
The deployment of technical
The deployment of technical
The deployment of technical
equipment which does not form part
equipment which does not form part
equipment which does not form part
equipment which does not form part
186
of the minimum number of technical
of the minimum number of technical
of the minimum number of technical
of the minimum number of technical
equipment shall be co-financed by
equipment shall be co-financed by
equipment shall be co-financed by
equipment shall be co-financed by
the Agency up to a maximum of 75%
the Agency up to a maximum of 75
the Agency up to a maximum of 75%
the Agency up to a maximum of 75%
of the eligible expenses, taking into
100% of the eligible expenses, taking
of the eligible expenses, taking into
100% of the eligible expenses, taking
account the particular circumstances
into account the particular
account the particular circumstances
into account the particular
of the Member States deploying such
circumstances of the Member States
of the Member States deploying such
circumstances of the Member States
technical equipment.
deploying such technical equipment.
technical equipment.
deploying such technical equipment.
Article 39
Article 39
Article 39
Article 39
Tasks and powers of the members of
Tasks and powers of the members of
Tasks and powers of the members of
Tasks and powers of the members of
the teams
the teams
the teams
the teams
1.
Members of the teams shall
1.
Members of the teams shall
1.
Members of the teams shall
1.
Members of the teams shall
have the capacity to perform all tasks
have the capacity to perform all tasks
have the capacity to perform all tasks
have the capacity to perform all tasks
and exercise all powers for border
and exercise all powers for border
and exercise all powers for border
and exercise all powers for border
control and return as well as those
control and return as well as those
control and return as well as those
control and return as well as those
which are necessary for the
which are necessary for the
which are necessary for the
which are necessary for the
realisation of the objectives of
realisation of the objectives of
realisation of the objectives of
realisation of the objectives of
Regulation (EC) No 562/2006 and
Regulation (EC) No 562/2006 and
Regulation (EC) No 562/2006
Regulation (EC) No 562/2006
Directive 2008/115/EC, respectively.
Directive 2008/115/EC, respectively.
2016/399 and Directive
2016/399 and Directive
2008/115/EC, respectively.
2008/115/EC, respectively.
2.
While performing their tasks
2.
While performing their tasks
2.
While performing their tasks
2.
While performing their tasks
and exercising their powers,
and exercising their powers,
and exercising their powers,
and exercising their powers,
members of the teams shall comply
members of the teams shall comply
members of the teams shall comply
members of the teams shall comply
with Union and international law,
with Union and international law,
with Union and international law,
with Union and international law,
and shall observe fundamental rights
and shall observe fundamental rights
and shall observe fundamental rights
and shall observe fundamental rights
and the national law of the host
and the national law of the host
and the national law of the host
and the national law of the host
Member State.
Member State.
Member State.
Member State.
3.
Members of the teams may
3.
Members of the teams may
3.
Members of the teams may
3.
Members of the teams may
only perform tasks and exercise
only perform tasks and exercise
only perform tasks and exercise
only perform tasks and exercise
powers under instructions from and,
powers under instructions from and,
powers under instructions from and,
powers under instructions from and,
as a general rule, in the presence of
as a general rule, in the presence of
as a general rule, in the presence of
as a general rule, in the presence of
border guards or staff involved in
border guards or staff involved in
border guards or staff involved in
border guards or staff involved in
return-related tasks of the host
return-related tasks of the host
return-related tasks of the host
return-related tasks of the host
Member State unless authorised by
Member State. The host Member
Member State unless authorised by
Member State. The host Member
State may authorise members of the
State may authorise members of the
187
the host Member State to act on its
teams to act on its behalf.
the host Member State to act on its
teams to act on its behalf.
behalf.
behalf.
4.
Members of the teams shall
4.
Members of the teams shall
4.
Members of the teams shall
4.
Members of the teams shall
wear their own uniform while
wear, where appropriate, their own
wear their own uniform while
wear, where appropriate, their own
performing their tasks and exercising
uniform while performing their tasks
performing their tasks and exercising
uniform while performing their tasks
their powers. They shall wear a blue
and exercising their powers. They
their powers. They shall
also wear
and exercising their powers. They
armband with the insignia of the
shall wear a blue armband with the
visible personal identification and a
shall
also wear
visible personal
Union and the Agency on their
insignia of the Union and the Agency
blue armband with the insignia of the
identification and a blue armband
uniforms, identifying them as
on their uniforms, identifying them
Union and the Agency on their
with the insignia of the Union and
participating in a joint operation,
as participating in a joint operation,
uniforms, identifying them as
the Agency on their uniforms,
pilot project, rapid border
migration management support
participating in a joint operation,
identifying them as participating in a
intervention, return operation or
teams, pilot project, rapid border
pilot project, rapid border
joint operation, migration
return intervention. For the purposes
intervention, return operation or
intervention, return operation or
management support teams, pilot
of identification vis-à-vis the national
return intervention. For the purposes
return intervention. For the purposes
project, rapid border intervention,
authorities of the host Member State,
of identification vis-à-vis the national
of identification vis-à-vis the national
return operation or return
members of the teams shall, at all
authorities of the host Member State,
authorities of the host Member State,
intervention. For the purposes of
times, carry an accreditation
members of the teams shall, at all
members of the teams shall, at all
identification vis-à-vis the national
document, which they shall present
times, carry an accreditation
times, carry an accreditation
authorities of the host Member State,
upon request.
document, which they shall present
document, which they shall present
members of the teams shall, at all
upon request.
upon request.
times, carry an accreditation
document, which they shall present
upon request.
5.
While performing their tasks
5.
While performing their tasks
5.
While performing their tasks
5.
While performing their tasks
and exercising their powers,
and exercising their powers,
and exercising their powers,
and exercising their powers,
members of the teams may carry
members of the teams may carry
members of the teams may carry
members of the teams may carry
service weapons, ammunition and
service weapons, ammunition and
service weapons, ammunition and
service weapons, ammunition and
equipment as authorised according to
equipment as authorised according to
equipment as authorised according to
equipment as authorised according to
the home Member State’s national
the home Member State’s national
the home Member State’s national
the home Member State’s national
law. However, the host Member
law. However, the host Member
law. However, the host Member
law. However, the host Member
State may prohibit the carrying of
State may prohibit the carrying of
State may prohibit the carrying of
State may prohibit the carrying of
certain service weapons, ammunition
certain service weapons, ammunition
certain service weapons, ammunition
certain service weapons, ammunition
and equipment, provided that its own
and equipment, provided that its own
and equipment, provided that its own
and equipment, provided that its own
legislation applies the same
legislation applies the same
legislation applies the same
legislation applies the same
prohibition to its own border guards
prohibition to its own border guards
prohibition to its own border guards
prohibition to its own border guards
188
or staff involved in return-related
or staff involved in return-related
or staff involved in return-related
or staff involved in return-related
tasks. The host Member State shall,
tasks. The host Member State shall,
tasks. The host Member State shall,
tasks. The host Member State shall,
in advance of the deployment of the
in advance of the deployment of the
in advance of the deployment of the
in advance of the deployment of the
members of the teams, inform the
members of the teams, inform the
members of the teams, inform the
members of the teams, inform the
Agency of the permissible service
Agency of the permissible service
Agency of the permissible service
Agency of the permissible service
weapons, ammunition and equipment
weapons, ammunition and equipment
weapons, ammunition and equipment
weapons, ammunition and equipment
and of the conditions for their use.
and of the conditions for their use.
and of the conditions for their use.
and of the conditions for their use.
The Agency shall make this
The Agency shall make this
The Agency shall make this
The Agency shall make this
information available to Member
information available to Member
information available to Member
information available to Member
States.
States.
States.
States.
6.
While performing their tasks
6.
While performing their tasks
6.
While performing their tasks
6.
While performing their tasks
and exercising their powers,
and exercising their powers,
and exercising their powers,
and exercising their powers,
members of the teams shall be
members of the teams shall be
members of the teams shall be
members of the teams shall be
authorised to use force, including
authorised to use force, including
authorised to use force, including
authorised to use force, including
service weapons, ammunition and
service weapons, ammunition and
service weapons, ammunition and
service weapons, ammunition and
equipment, with the consent of the
equipment, with the consent of the
equipment, with the consent of the
equipment, with the consent of the
home Member State and the host
home Member State and the host
home Member State and the host
home Member State and the host
Member State, in the presence of
Member State, in the presence of
Member State, in the presence of
Member State, in the presence of
border guards of the host Member
border guards of the host Member
border guards of the host Member
border guards of the host Member
State and in accordance with the
State and in accordance with the
State and in accordance with the
State and in accordance with the
national law of the host Member
national law of the host Member
national law of the host Member
national law of the host Member
State. The host Member State may,
State. The host Member State may,
State. The host Member State may,
State. The host Member State may,
with the consent of the home
with the consent of the home
with the consent of the home
with the consent of the home
Member State, authorise members of
Member State, authorise members of
Member State, authorise members of
Member State, authorise members of
the teams to use force in the absence
the teams to use force in the absence
the teams to use force in the absence
the teams to use force in the absence
of border guards of the host Member
of border guards of the host Member
of border guards of the host Member
of border guards of the host Member
State.
State.
State.
State.
7.
Service weapons, ammunition
7.
Service weapons, ammunition
7.
Service weapons, ammunition
7.
Service weapons, ammunition
and equipment may be used in
and equipment may be used in
and equipment may be used in
and equipment may be used in
legitimate self-defence and in
legitimate self-defence and in
legitimate self-defence and in
legitimate self-defence and in
legitimate defence of members of the
legitimate defence of members of the
legitimate defence of members of the
legitimate defence of members of the
teams or of other persons, in
teams or of other persons, in
teams or of other persons, in
teams or of other persons, in
accordance with the national law of
accordance with the national law of
accordance with the national law of
accordance with the national law of
the host Member State.
the host Member State.
the host Member State.
the host Member State.
189
8.
For the purpose of this
8.
For the purpose of this
8.
For the purpose of this
8.
For the purpose of this
Regulation, the host Member State
Regulation, the host Member State
Regulation, the host Member State
Regulation, the host Member State
shall authorise members of the teams
shall authorise members of the teams
shall authorise members of the teams
shall authorise members of the teams
to consult its national and European
to consult its national and European
to consult its national and European
to consult its national and European
databases the consultation of which
databases and it may authorise them
databases the consultation of which
databases and it may authorise them
is necessary for border checks,
to consult its national databases the
is necessary for border checks,
to consult its national databases the
border surveillance and return. The
consultation of which is are
border surveillance and return.
consultation of which is are
members of the teams shall consult
necessary for fulfilling operational
Member States shall ensure that
necessary for fulfilling operational
only those data which are required
aims specified in the operational plan
they provide such database access in
aims specified in the operational plan
for performing their tasks and
on border checks, border surveillance
an efficient and effective manner.
on border checks, border surveillance
exercising their powers. The host
and return. The members of the
The members of the teams shall
and return.
Member States shall
Member State shall, in advance of
teams shall consult only those data
consult only those data which are
ensure that they provide such
the deployment of the members of
which are required for performing
required for performing their tasks
database access in an efficient and
the teams, inform the Agency of the
their tasks and exercising their
and exercising their powers. The host
effective manner. The members of
national and European databases
powers. The host Member State
Member State shall, in advance of
the teams shall consult only those
which may be consulted. The
shall, in advance of the deployment
the deployment of the members of
data which are required for
Agency shall make this information
of the members of the teams, inform
the teams, inform the Agency of the
performing their tasks and exercising
available to all Member States
the Agency of the national and
national and European databases
their powers. The host Member State
participating in the deployment.
European databases which may be
which may be consulted. The
shall, in advance of the deployment
That consultation shall be carried out
consulted. The Agency shall make
Agency shall make this information
of the members of the teams, inform
in accordance with Union law and
this information available to all
available to all Member States
the Agency of the national and
the national law of the host Member
Member States participating in the
participating in the deployment.
European databases which may be
State in the area of data protection.
deployment.
consulted. The Agency shall make
That consultation shall be carried out
this information available to all
in accordance with Union law and
Member States participating in the
the national law of the host Member
deployment.
State in the area of data protection.
That consultation shall be carried out
in accordance with Union law and
the national law of the host Member
State in the area of data protection.
9.
Decisions to refuse entry in
9.
Decisions to refuse entry in
9.
Decisions to refuse entry in
9.
Decisions to refuse entry in
accordance with Article 13 of
accordance with Article 13 of
accordance with Article 13
14 of
accordance with Article 13
14 of
Regulation (EC) No 562/2006 shall
Regulation (EC) No 562/2006 shall
Regulation (EC) No 562/2006
Regulation (EC
EU) No 562/2006
be taken only by border guards of the
be taken only by border guards of the
2016/399 shall be taken only by
2016/399 shall be taken only by
190
host Member State or by the
host Member State or by the
border guards of the host Member
border guards of the host Member
members of the teams if authorised
members of the teams if authorised
State or by the members of the teams
State or by the members of the teams
by the host Member State to act on
by the host Member State to act on
if authorised by the host Member
if authorised by the host Member
its behalf.
its behalf.
State to act on its behalf.
State to act on its behalf.
Article 40
Article 40
Article 40
Article 40
Accreditation document
Accreditation document
Accreditation document
Accreditation document
1.
The Agency shall, in
1.
The Agency shall, in
1.
The Agency shall, in
1.
The Agency shall, in
cooperation with the host Member
cooperation with the host Member
cooperation with the host Member
cooperation with the host Member
State, issue a document in the official
State, issue a document in the official
State, issue a document in the official
State, issue a document in the official
language of the host Member State
language of the host Member State
language of the host Member State
language of the host Member State
and another official language of the
and another official language of the
and another official language of the
and another official language of the
institutions of the Union to the
institutions of the Union to the
institutions of the Union to the
institutions of the Union to the
members of the teams for the
members of the teams for the
members of the teams for the
members of the teams for the
purpose of identifying them and as
purpose of identifying them and as
purpose of identifying them and as
purpose of identifying them and as
proof of the holder’s rights to
proof of the holder’s rights to
proof of the holder’s rights to
proof of the holder’s rights to
perform the tasks and exercise the
perform the tasks and exercise the
perform the tasks and exercise the
perform the tasks and exercise the
powers as referred to in Article 39.
powers as referred to in Article 39.
powers as referred to in Article 39.
powers as referred to in Article 39.
The document shall include the
The document shall include the
The document shall include the
The document shall include the
following features of each member of
following features of each member of
following features of each member of
following features of each member of
the teams:
the teams:
the teams:
the teams:
(a)
name and nationality;
(a) name and nationality;
(a)
name and nationality;
(a)
name and nationality;
(b)
rank or job title;
(b) rank or job title;
(b)
rank or job title;
(b)
rank or job title;
(c)
a recent digitised photograph;
(c) a recent digitised photograph; and
(c)
a recent digitised photograph;
(c)
a recent digitised photograph;
and
and
and
(d)
tasks authorised to be
(d) tasks authorised to be performed
(d)
tasks authorised to be
(d) tasks authorised to be performed
performed.
during the deployment.
performed.
during the deployment.
2.
The document shall be returned
2.
The document shall be returned
2.
The document shall be returned
2.
The document shall be returned
to the Agency at the end of the joint
to the Agency at the end of the joint
to the Agency at the end of the joint
to the Agency at the end of the joint
operation, pilot project, rapid border
operation, migration management
operation, pilot project, rapid border
operation, migration management
intervention, return operation or
support teams, pilot project, rapid
intervention, return operation or
support teams, pilot project, rapid
return intervention.
border intervention, return operation
return intervention.
border intervention, return operation
or return intervention.
or return intervention.
Article 41
Article 41
Article 41
Article 41
Civil liability
Civil liability
Civil liability
Civil liability
191
1.
Where members of the teams
1.
Where members of the teams
1.
Where members of the teams
1.
Where members of the teams
are operating in a host Member State,
are operating in a host Member State,
are operating in a host Member State,
are operating in a host Member State,
that Member State shall be liable in
that Member State shall be liable in
that Member State shall be liable in
that Member State shall be liable in
accordance with its national law for
accordance with its national law for
accordance with its national law for
accordance with its national law for
any damage caused by them during
any damage caused by them during
any damage caused by them during
any damage caused by them during
their operations.
their operations.
their operations.
their operations.
2.
Where such damage is caused
2.
Where such damage is caused
2.
Where such damage is caused
2.
Where such damage is caused
by gross negligence or willful
by gross negligence or willful
by gross negligence or wilful
by gross negligence or willful
misconduct, the host Member State
misconduct, the host Member State
misconduct
or in excess of duty, the
misconduct, the host Member State
may approach the home Member
may approach the home Member
host Member State may approach the
may approach the home Member
State in order to have any sums it has
State in order to have any sums it has
home Member State
or the Agency
State in order to have any sums it has
paid to the victims or persons entitled
paid to the victims or persons entitled
in order to have any sums it has paid
paid to the victims or persons entitled
on their behalf reimbursed by the
on their behalf reimbursed by the
to the victims or persons entitled on
on their behalf reimbursed by the
home Member State.
home Member State.
their behalf reimbursed by the home
home Member State.
Member State
or by the Agency.
3.
Without prejudice to the
3.
Without prejudice to the
3.
Without prejudice to the
3.
Without prejudice to the
exercise of its rights vis-à-vis third
exercise of its rights vis-à-vis third
exercise of its rights vis-à-vis third
exercise of its rights vis-à-vis third
parties, each Member State shall
parties, each Member State shall
parties, each Member State shall
parties, each Member State shall
waive all its claims against the host
waive all its claims against the host
waive all its claims against the host
waive all its claims against the host
Member State or any other Member
Member State or any other Member
Member State or any other Member
Member State or any other Member
State for any damage it has sustained,
State for any damage it has sustained,
State for any damage it has sustained, State for any damage it has sustained,
except in cases of gross negligence
except in cases of gross negligence
except in cases of gross negligence
except in cases of gross negligence
or willful misconduct.
or willful misconduct.
or willful
wilful misconduct.
or willful misconduct.
4.
Any dispute between Member
4.
Any dispute between Member
4.
Any dispute between Member
4.
Any dispute between Member
States relating to the application of
States relating to the application of
States
or between a Member State
States relating to the application of
paragraphs 2 and 3 which cannot be
paragraphs 2 and 3 which cannot be
and the Agency relating to the
paragraphs 2 and 3 which cannot be
resolved by negotiations between
resolved by negotiations between
application of paragraphs
1, 2 and 3
resolved by negotiations between
them shall be submitted by them to
them shall be submitted by them to
which cannot be resolved by
them shall be submitted by them to
the Court of Justice of the European
the Court of Justice of the European
negotiations between them shall be
the Court of Justice of the European
Union in accordance with Article 273
Union in accordance with Article 273
submitted by them to the Court of
Union in accordance with Article 273
TFEU.
TFEU.
Justice of the European Union in
TFEU.
accordance with Article 273 TFEU
the Treaties.
4a.
Where members of the teams
deleted
192
are operating on the territory of a
third country the Agency shall be
liable for any damage caused by
them during their operations.
Paragraphs 2 , 3 and 4 shall apply
mutatis mutandis.
5.
Without prejudice to the
5.
Without prejudice to the
5.
Without prejudice to the
5.
Without prejudice to the
exercise of its rights vis-à-vis third
exercise of its rights vis-à-vis third
exercise of its rights vis-à-vis third
exercise of its rights vis-à-vis third
parties, the Agency shall meet costs
parties, the Agency shall meet costs
parties, the Agency shall meet costs
parties, the Agency shall meet costs
related to damage caused to the
related to damage caused to the
related to damage caused to the
related to damage caused to the
Agency’s equipment during
Agency’s equipment during
Agency’s equipment during
Agency’s equipment during
deployment, except in cases of gross
deployment, except in cases of gross
deployment, except in cases of gross
deployment, except in cases of gross
negligence or willful misconduct.
negligence or willful misconduct.
negligence or willful misconduct.
negligence or willful misconduct.
Article 42
Article 42
Article 42
Article 42
Criminal liability
Criminal liability
Criminal liability
Criminal liability
During the deployment of a joint
During the deployment of a joint
During the deployment of a joint
During the deployment of a joint
operation, pilot project, rapid border
operation, pilot project, migration
operation, pilot project, rapid border
operation, pilot project, migration
intervention, return operation or
management support teams, rapid
intervention, return operation or
management support teams, rapid
return intervention, members of the
border intervention, return operation
return intervention, members of the
border intervention, return operation
teams shall be treated in the same
or return intervention, members of
teams shall be treated in the same
or return intervention, members of
way as officials of the host Member
the teams shall be treated in the same
way as officials of the host Member
the teams shall be treated in the same
State with regard to any criminal
way as officials of the host Member
State with regard to any criminal
way as officials of the host Member
offences that might be committed
State with regard to any criminal
offences that might be committed
State with regard to any criminal
against them or by them.
offences that might be committed
against them or by them.
offences that might be committed
against them or by them.
against them or by them.
193
SECTION 2
SECTION 2
SECTION 2
SECTION 2
INFORMATION EXCHANGE AND DATA
INFORMATION EXCHANGE AND DATA
INFORMATION EXCHANGE AND DATA
INFORMATION EXCHANGE AND DATA
PROTECTION
PROTECTION
PROTECTION
PROTECTION
Article 43
Article 43
Article 43
Article 43
Information exchange systems
Information exchange systems
Information exchange systems
Information exchange systems
1.
The Agency may take all
1.
The Agency may take all
1.
The Agency may take all
1.
The Agency may take all
necessary measures to facilitate the
necessary measures to facilitate the
necessary measures to facilitate the
necessary measures to facilitate the
exchange of information relevant to
exchange of information relevant to
exchange of information relevant to
exchange of information relevant to
its tasks with the Commission and
its tasks with the Commission and
its tasks with the Commission and
its tasks with the Commission and
the Member States and, where
the Member States and, where
the Member States and, where
the Member States and, where
appropriate, the relevant Union
appropriate, the relevant Union
appropriate, the relevant Union
appropriate, the relevant Union
Agencies. It shall develop and
Agencies. It shall develop and
Agencies. It shall develop and
Agencies. It shall develop and
operate an information system
operate an information system
operate an information system
operate an information system
capable of exchanging classified
capable of exchanging classified
capable of exchanging classified
capable of exchanging classified
information with those actors, as well
information with those actors, as well
information with those actors, as well
information with those actors, as well
as personal data referred to in
as personal data referred to in
as personal data referred to in
as personal data referred to in
Articles 44, 46, 47 and 48 in
Articles 44, 46, 47 and 48 in
Articles 44, 46, 47 and 48 in
Articles 44, 46, 47 and 48 in
accordance with Council Decision
accordance with Council Decision
accordance with Council Decision
accordance with Council Decision
2001/264/EC
1 and Commission
2013/488 2001/264/EC and
2001/264/EC
4 and Commission
2013/488 2001/264/EC and
Decision (EU, Euratom) 2015/444.
2
Commission Decision (EU, Euratom)
Decision (EU, Euratom) 2015/444.
5
Commission Decision (EU, Euratom)
2015/444.3
2015/444.6
2.
The Agency may take all
2.
The Agency may take all
2.
The Agency may take all
2.
The Agency may take all
necessary measures to facilitate the
necessary measures to facilitate the
necessary measures to facilitate the
necessary measures to facilitate the
1
Council Decision 2001/264/EC of 19 March 2001 adopting the Council's security regulations (OJ L 101, 11.4.2001, p. 1).
2
Commission Decision 2015/444 (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ
L 72, 17.3.2015, p. 53).
3
Commission Decision 2015/444 (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ
L 72, 17.3.2015, p. 53).
4
Council Decision 2001/264/EC of 19 March 2001 adopting the Council's security regulations (OJ L 101, 11.4.2001, p. 1).
5
Commission Decision 2015/444 (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ
L 72, 17.3.2015, p. 53).
6
Commission Decision 2015/444 (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ
L 72, 17.3.2015, p. 53).
194
exchange of information relevant for
exchange of information relevant for
exchange of information relevant for
exchange of information relevant for
its tasks with the United Kingdom
its tasks with the United Kingdom
its tasks with the United Kingdom
its tasks with the United Kingdom
and Ireland if it relates to the
and Ireland if it relates to the
and Ireland if it relates to the
and Ireland if it relates to the
activities in which they participate in
activities in which they participate in
activities in which they participate in
activities in which they participate in
accordance with Article 50 and
accordance with Article 50 and
accordance with Article 50 and
accordance with Article 50 and
Article 61(4).
Article 61(4).
Article 61(4).
Article 61(4).
Article 44
Article 44
Article 44
Article 44
Data protection
Data protection
Data protection
Data protection
1.
The Agency shall apply
1.
The Agency shall apply
1.
The Agency shall apply
1.
The Agency shall apply
Regulation (EC) No 45/2001 when
Regulation (EC) No 45/2001 when
Regulation (EC) No 45/2001 when
Regulation (EC) No 45/2001 when
processing personal data.
processing personal data.
processing personal data.
processing personal data.
2.
The Management Board shall
2.
The Management Board shall
2.
The Management Board shall
2.
The Management Board shall
establish measures for the application
establish measures for the application
establish measures for the application
establish measures for the application
of Regulation (EC) No 45/2001 by
of Regulation (EC) No 45/2001 by
of
A Data Protection Officer shall
of Regulation (EC) No 45/2001 by
the Agency, including those
the Agency, including those
be appointed in accordance with
the Agency, including those
concerning the Data Protection
concerning the Data Protection
Regulation (EC) No 45/2001
. The
concerning the Data Protection
Officer of the Agency. Those
Officer of the Agency. Those
Management Board shall establish
Officer of the Agency. Those
measures shall be established after
measures shall be established after
measures for the implementation of
measures shall be established after
consultation of the European Data
consultation of the European Data
that Regulation by the Agency,
consultation of the European Data
Protection Supervisor.
Protection Supervisor.
including those concerning the Data
Protection Supervisor.
Protection Officer of the Agency.
Those measures shall be established
after consultation of the European
Data Protection Supervisor.
3.
Without prejudice to Articles
3.
Without prejudice to Articles
3.
Without prejudice to Articles
3.
Without prejudice to Articles
46, 47 and 48, the Agency may
46, 47 and 48, the Agency may
46, 47 and 48, the Agency may
46, 47 and 48, the Agency may
process personal data for
process personal data for
process personal data for
process personal data for
administrative purposes.
administrative purposes.
administrative purposes.
administrative purposes.
4.
Without prejudice to Article
4.
Without prejudice to Article
4.
Without prejudice to Article
4.
Without prejudice to Article
47, the transfer of personal data
47, the transfer of personal data
47, the transfer of personal data
47, the transfer of personal data
processed by the Agency and the
processed by the Agency and the
processed by the Agency and the
processed by the Agency and the
onward transfer by Member States to
onward transfer by Member States to
onward transfer by Member States to
onward transfer by Member States to
authorities of third countries or third
authorities of third countries or third
authorities of third countries or third
authorities of third countries or third
parties of personal data processed in
parties including international
parties,
including international
parties, including international
195
the framework of this Regulation
organisations of personal data
organisations, of personal data
organisations, of personal data
shall be prohibited.
processed in the framework of this
processed in the framework of this
processed in the framework of this
Regulation shall be prohibited.
Regulation shall be prohibited.
Regulation shall be prohibited.
196
Article 45
Article 45
Article 45
Article 45
Purposes of processing personal data
Purposes of processing personal data
Purposes of processing personal data
Purposes of processing personal data
1.
The Agency may process
1.
The Agency may process
1.
The Agency may process
1.
The Agency may process
personal data only for the following
personal data only for the following
personal data only for the following
personal data only for the following
purposes:
purposes:
purposes:
purposes:
(a)
performing its tasks of
(a)
performing its tasks of
(a)
performing its tasks of
(a)
performing its tasks of
organising and coordinating joint
organising and coordinating joint
organising and coordinating joint
organising and coordinating joint
operations, pilot projects, rapid
operations, pilot projects, rapid
operations, pilot projects, rapid
operations, pilot projects, rapid
border interventions and in the
border interventions and in the
border interventions and in the
border interventions and in the
framework of the migration
framework of the migration
framework of the migration
framework of the migration
management support teams in
management support teams in
management support teams in
management support teams in
accordance with Article 46;
accordance with Article 46;
accordance with Article 46;
accordance with Article 46;
(b)
performing its tasks of
(b)
performing its tasks of
(b)
performing its tasks of
(b)
performing its tasks of
organising and coordinating return
organising and coordinating return
organising and coordinating return
organising and coordinating return
operations and return interventions in
operations and return interventions in
operations and return interventions in
operations and return interventions in
accordance with Article 47;
accordance with Article 47;
accordance with Article 47;
accordance with Article 47;
(c)
facilitating the exchange of
(c)
facilitating the exchange of
(c)
facilitating the exchange of
(c)
facilitating the exchange of
information with Member States, the
information with Member States, the
information with Member States, the
information with Member States, the
European Asylum Support Office,
European Asylum Support Office,
European Asylum Support Office,
European Asylum Support Office,
Europol or Eurojust in accordance
Europol or Eurojust in accordance
Europol or Eurojust in accordance
Europol or Eurojust in accordance
with Article 46;
with Article 46;
with Article 46;
with Article 46;
(d)
risk analysis by the Agency in
(d)
risk analysis by the Agency in
(d)
risk analysis by the Agency in
(d)
risk analysis by the Agency in
accordance with Article 10;
accordance with Article 10;
accordance with Article 10;
accordance with Article 10;
(e)
identifying and tracking vessels
(e)
identifying and tracking vessels
(e)
identifying and tracking vessels
(e)
identifying and tracking vessels
in the framework of Eurosur in
in the framework of Eurosur in
in the framework of Eurosur in
in the framework of Eurosur in
accordance with Article 48.
accordance with Article 48;
accordance with Article 48.
accordance with Article 48;
(f) administrative tasks.
(f) administrative tasks.
2.
Any such processing of
2.
Any such processing of
2.
Any such processing of
2.
Any such processing of
personal data shall respect the
personal data shall respect the
personal data shall respect the
personal data shall respect the
principle of proportionality and be
principle of proportionality and be
principle of proportionality and be
principle of proportionality and be
strictly limited to personal data
strictly limited to personal data
strictly limited to personal data
strictly limited to personal data
necessary for the purposes referred to
necessary for the purposes referred to
necessary for the purposes referred to
necessary for the purposes referred to
in paragraph 1.
in paragraph 1.
in paragraph 1.
in paragraph 1.
197
3.
A Member State or other
3.
A Member State or other
3.
A Member State or other
3.
A Member State or other
Union Agency providing personal
Union Agency providing personal
Union Agency providing personal
Union Agency providing personal
data to the Agency shall determine
data to the Agency shall determine
data to the Agency shall determine
data to the Agency shall determine
the purpose or the purposes for
the purpose or the purposes for
the purpose or the purposes for
the purpose or the purposes for
which it shall be processed as
which it shall be processed as
which it shall be processed as
which it shall be processed as
referred to in paragraph 1. If it has
referred to in paragraph 1. If it has
referred to in paragraph 1. If it has
referred to in paragraph 1. If it has
not done so, the Agency in
not done so, the Agency in
not done so, the
The Agency in
not done so, the
The Agency in
consultation with the provider of
consultation with the provider of
consultation with the provider of
consultation with the provider of
personal data concerned shall process
personal data concerned shall process
personal data concerned shall process
personal data concerned shall process
it in order to determine its necessity
it in order to determine its necessity
it in order to determine its necessity
it in order to determine its necessity
in relation to the purpose or the
in relation to the purpose or the
in relation to the purpose or the
in relation to the purpose or the
purposes as referred to in paragraph
purposes as referred to in paragraph
purposes as referred to in paragraph
purposes as referred to in paragraph
1 for which it shall be further
1 for which it shall be further
1 for which it shall be further
1 for which it shall be further
processed. The Agency may process
processed. The Agency may process
processed. The Agency may process
processed. The Agency may process
information for a different purpose
information for a different purpose
information for a different purpose
information for a different purpose
than the one in paragraph 1 only if
than the one originally determined as
than the one in paragraph 1 only
may
than the one in paragraph 1 only
may
authorised by the data provider of the
long as it is mentioned in paragraph
process such personal data for a
process such personal data for a
information.
1. in paragraph 1 only if authorised
different purpose which also falls
different purpose which also falls
by the data provider of the
under paragraph 1 only if authorised
under paragraph 1 only if authorised
information.
by the data provider of the
by the data provider of the
information.
information.
4.
Member States and other
4.
Member States and other
4.
Member States and other
4.
Member States and other
Union Agencies may indicate, at the
Union Agencies may indicate, at the
Union Agencies may indicate, at the
Union Agencies may indicate, at the
moment of transferring personal data,
moment of transferring personal data,
moment of transferring personal data,
moment of transferring personal data,
any restriction on access or use, in
any restriction on access or use, in
any restriction on access or use, in
any restriction on access or use, in
general or specific terms, including
general or specific terms, including
general or specific terms, including
general or specific terms, including
as regards transfer, erasure or
as regards transfer, erasure or
as regards transfer, erasure or
as regards transfer, erasure or
destruction. Where the need for such
destruction. Where the need for such
destruction. Where the need for such
destruction. Where the need for such
restrictions becomes apparent after
restrictions becomes apparent after
restrictions becomes apparent after
restrictions becomes apparent after
the transfer provision of information,
the transfer provision of information,
the transfer provision of information,
the transfer provision of information,
they shall inform the Agency
they shall inform the Agency
they shall inform the Agency
they shall inform the Agency
accordingly. The Agency shall
accordingly. The Agency shall
accordingly. The Agency shall
accordingly. The Agency shall
comply with such restrictions.
comply with such restrictions.
comply with such restrictions.
comply with such restrictions.
Article 46
Article 46
Article 46
Article 46
198
Processing of personal data collected
Processing of personal data collected
Processing of personal data collected
Processing of personal data collected
during joint operations, pilot projects
during joint operations, pilot projects
during joint operations, pilot projects
during joint operations, pilot projects
and rapid border interventions and by
and rapid border interventions and by
and rapid border interventions and by
and rapid border interventions and by
migration management support teams
migration management support teams
migration management support teams migration management support teams
1.
The use by the Agency of
1.
The use by the Agency of
1.
The use by the Agency of
1.
The use by the Agency of
personal data collected and
personal data collected and
personal data collected and
personal data collected and
transmitted to it by the Member
transmitted to it by the Member
transmitted to it by the Member
transmitted to it by the Member
States or by its own staff in the
States or by its own staff in the
States or by its own staff in the
States or by its own staff in the
context of joint operations, pilot
context of joint operations, pilot
context of joint operations, pilot
context of joint operations, pilot
projects and rapid border
projects and rapid border
projects and rapid border
projects and rapid border
interventions, and by migration
interventions, and by migration
interventions, and by migration
interventions, and by migration
management support teamsshall be
management support teamsshall be
management support teamsshall
management support teamsshall
limited to:
limited to:
teams shall be limited to:
teams shall be limited to:
(a)
personal data regarding persons
(a)
personal data regarding persons
(a)
personal data regarding persons
(a)
personal data regarding persons
who are suspected, on reasonable
who are suspected, on reasonable
who are suspected, on reasonable
who are suspected, on reasonable
grounds, by the competent authorities
grounds, by the competent authorities
grounds, by the competent authorities
grounds, by the competent authorities
of the Member States of involvement
of the Member States of involvement
of the Member States of involvement
of the Member States of involvement
in cross-border criminal activities,
in cross-border criminal activities,
in cross-border criminal activities,
in cross-border criminal activities,
including in facilitating irregular
including in facilitating irregular
including in facilitating irregular
including in facilitating irregular
immigration activities, in trafficking
immigration activities, in trafficking
immigration activities
such as the
immigration activities
such as
in human beings or terrorism;
in human beings or terrorism;
criminal smuggling of persons, in
migrant smuggling, in trafficking in
trafficking in human beings or
human beings or terrorism;
terrorism;
(b)
personal data regarding persons
(b)
personal data regarding persons
(b)
personal data regarding persons
(b)
personal data regarding persons
who cross the external borders
who cross the external borders
who cross the external borders
who cross the external borders
illegally and whose data is collected
illegally and whose data is collected
illegally
irregularly and whose data
unauthorised and whose data is
by the European Border and Coast
by the European Border and
is collected by the European Border
collected by the European Border
Guard Teams, including when acting
coastGuard Teams, including when
and Coast Guard Teams, including
and Coast Guard Teams, including
in the framework of the migration
acting in the framework of the
when acting in the framework of the
when acting in the framework of the
management support teams;
migration management support
migration management support
migration management support
teams, in accordance with the
teams;
teams;
mandate of the Agency;
199
(c)
license plate numbers,
(c)
license plate numbers, vehicle
(c)
license plate numbers,
(c)
license plate numbers, vehicle
telephone numbers or ship
identification numbers, telephone
telephone numbers or ship
identification numbers, telephone
identification numbers, which are
numbers or ship identification
identification numbers, which are
numbers or ship identification
necessary for investigating and
numbers, which are necessary for
linked to the persons referred to in
numbers, which are
linked to the
analysing routes and methods used
investigating and analysing routes
(a) and (b), and which are necessary
persons referred to in (a) and (b),
for irregular immigration and cross-
and methods used for irregular
for investigating and analysing routes
and which are necessary for
border criminal activities.
immigration and cross-border
and methods used for irregular
investigating and analysing routes
criminal activities, as refered to in
immigration
migration and cross-
and methods used for irregular
illegal
paragraph 1 (a) and (b).
border criminal activities
;
immigration and cross-border
Personal data regarding persons
criminal activities
;
referred to in paragraph 1(b) shall
not be transferred to law
enforcement agencies or processed
for the purpose of preventing,
detecting, investigating or
prosecuting criminal offences.
2.
Personal data referred to in
2.
Personal data referred to in
2.
Personal data referred to in
2.
Personal data referred to in
paragraph 1 may be processed by the
paragraph 1 may be processed by the
paragraph 1 may be processed by the
paragraph 1 may be processed by the
Agency in the following cases:
Agency in the following cases:
Agency in the following cases:
Agency in the following cases:
(a)
where transmissionto the
(a)
where transmissionto the
(a)
where transmission to the
(a)
where transmission to the
European Asylum Support Office,
European Asylum Support Office,
European Asylum Support Office
European Asylum Support Office
Europol or Eurojust is necessary for
Europol or Eurojust is necessary for
EASO, Europol or Eurojust is
EASO, Europol or Eurojust is
use in accordance with their
use in accordance with their
necessary for use in accordance with
necessary for use in accordance with
respective mandates and in
respective mandates and in
their respective mandates and in
their respective mandates and in
accordance with Article 51;
accordance with Article 51;
accordance with Article 51;
accordance with Article 51;
(b)
where transmission to the
(b)
where transmission to the
(b)
where transmission to the
(b)
where transmission to the
authorities of the relevant Member
authorities of the relevant Member
authorities of the relevant Member
authorities of the relevant Member
States which are responsible for
States which are responsible for
States which are responsible for
States which are responsible for
border control, migration, asylum or
border control, migration, asylum or
border control, migration, asylum or
border control, migration, asylum or
law enforcement is necessary for use
law enforcement is necessary for use
law enforcement is necessary for use
law enforcement is necessary for use
in accordance with national
in accordance with national
in accordance with national
in accordance with national
legislation and national and EU data
legislation and national and EU data
legislation and national and EU
legislation and national and EU
protection rules;
protection rules;
Union data protection rules;
Union data protection rules;
(b1)
Personal data regarding
200
persons referred to in paragraph (1)
(b) shall only be transferred only on
a case by case basis to law
enforcement authorities agencies or
processed in specific cases and
when strictly necessary for the
purpose of preventing, detecting,
investigating or prosecuting serious
crime criminal offences;
(c)
where necessary for the
(c)
where necessary for the
(c)
where necessary for the
(c)
where necessary for the
preparation of risk analyses.
preparation of risk analyses.
preparation of risk analyses.
preparation of risk analyses.
3.
The personal data shall be
3.
The personal data shall be
3.
The personal data shall be
3.
The personal data shall be
deleted as soon as they have been
deleted as soon as they have been
deleted as soon as they have been
deleted as soon as they have been
transmitted to the European Asylum
transmitted to the European Asylum
transmitted to the European Asylum
transmitted to the European Asylum
Support Office, Europol or Eurojust
Support Office, Europol or Eurojust
Support Office, Europol or Eurojust
Support Office, Europol or Eurojust
or to the competent authorities of
or to the competent authorities of
or to the competent authorities of
or to the competent authorities of
Member States or used for the
Member States or used for the
Member States or used for the
Member States or used for the
preparation of risk analyses. The
preparation of risk analyses. The
preparation of risk analyses. The
preparation of risk analyses. The
term of storage shall in any event not
storage period term of storage shall
term of storage shall in any event not
storage period term of storage shall
exceed three months after the date of
in any event not exceed 90 day sthree
exceed three months after the date of
in any event not exceed 90 days three
the collection of those data. In the
months after the date of the
the collection of those data. In the
months after the date of the
result of the risk analyses, data shall
collection of those data. In the result
result of the risk analyses, data shall
collection of those data. In the result
be anonymised.
of the risk analyses, data shall be
be anonymised.
of the risk analyses, data shall be
anonymised.
anonymised.
3a.
Processing of personal data
deleted
revealing racial or ethnic origin,
political opinions, religious or
philosophical beliefs, or trade union
membership, and the processing of
genetic data, biometric data for the
purpose of uniquely identifying a
natural person, data concerning
health or data concerning a natural
person's sex life or sexual
201
orientation shall be allowed only
where strictly necessary, subject to
appropriate safeguards for the
rights and freedoms of the data
subject, and only to protect the vital
interests of the data subject or of
another natural person.
Article 47
Article 47
Article 47
Article 47
Processing of personal data in the
Processing of personal data in the
Processing of personal data in the
Processing of personal data in the
context of return operations and
context of return operations and
context of return operations and
context of return operations and
return interventions
return interventions
return interventions
return interventions
1.
In performing its tasks of
1.
In performing its tasks of
1.
In performing its tasks of
1.
In performing its tasks of
organising and coordinating the
organising and coordinating the
organising and coordinating the
organising and coordinating the
return operations and conducting
return operations and conducting
return operations and conducting
return operations and conducting
return interventions, the Agency may
return interventions, the Agency may
return interventions, the Agency may
return interventions, the Agency may
process personal data of returnees.
process personal data of returnees.
process personal data of returnees.
process personal data of returnees.
2.
The processing of such
2.
The processing of such
2.
The processing of such
2.
The processing of such
personal data shall be strictly limited
personal data shall be strictly limited
personal data shall be strictly limited
personal data shall be strictly limited
to those personal data which are
to those personal data which are
to those personal data which are
to those personal data which are
required for the purposes of the
required for the purposes of the
required for the purposes of the
required for the purposes of the
return operation or the return
return operation or the return
return operation or the return
return operation or the return
intervention.
intervention.
intervention.
intervention.
3.
The personal data shall be
3.
The personal data shall be
3.
The personal data shall be
3.
The personal data shall be
deleted as soon as the purpose for
deleted as soon as the purpose for
deleted as soon as the purpose for
deleted as soon as the purpose for
which they have been collected has
which they have been collected has
which they have been collected has
which they have been collected has
been achieved and no later than 30
been achieved and no later than 30
been achieved and no later than 30
been achieved and no later than 30
days after the end of the return
days after the end of the return
days after the end of the return
days after the end of the return
operation or the return intervention.
operation or the return intervention.
operation or the return intervention.
operation or the return intervention.
4.
Where the personal data of
4.
Where the personal data of
4.
Where the personal data of
4.
Where the personal data of
returnees are not transmitted to the
returnees are not transmitted to the
returnees are not transmitted to the
returnees are not transmitted to the
carrier by a Member State, the
carrier by a Member State, the
carrier by a Member State, the
carrier by a Member State, the
Agency may transfer such data.
Agency may transfer such data.
Agency may transfer such data.
Agency may transfer such data.
Article 48
Article 48
Article 48
Article 48
Processing of personal data in the
Processing of personal data in the
202
Processing of personal data in the
framework of Eurosur
Processing of personal data in the
framework of Eurosur
framework of Eurosur
framework of Eurosur
The Agency may process personal
The Agency may process personal
The Agency may process personal
The Agency may process personal
data as set out in Article 13(2) of
data as set out in Article 13(2) of
data as set out in Article 13(2) of
data as set out in Article 13(2) of
Regulation (EU) No 1052/2013.
Regulation (EU) No 1052/2013.
Regulation (EU) No 1052/2013.
Regulation (EU) No 1052/2013.
Article 49
Article 49
Article 49
Article 49
Security rules on the protection of
Security rules on the protection of
Security rules on the protection of
Security rules on the protection of
classified information and non-
classified information and non-
classified information and non-
classified information and non-
classified sensitive information
classified sensitive information
classified sensitive information
classified sensitive information
1.
The Agency shall apply the
1.
The Agency shall apply the
1.
The Agency shall apply the
1.
The Agency shall apply the
Commission’s rules on security as set
Commission’s rules on security as set
Commission’s rules on security as set
Commission’s rules on security as set
out in Commission Decision (EU,
out in Commission Decision (EU,
out in Commission Decision (EU,
out in Commission Decision (EU,
Euratom) 2015/444.
1 Those rules
Euratom) 2015/444.2 Those rules
Euratom) 2015/444.
3 Those rules
Euratom) 2015/444.
4 Those rules
shall apply,
inter alia, to the
shall apply,
inter alia, to the
shall apply,
inter alia, to the
shall apply,
inter alia, to the
exchange, processing and storage of
exchange, processing and storage of
exchange, processing and storage of
exchange, processing and storage of
classified information.
classified information.
classified information.
classified information.
2.
The Agency shall apply the
2.
The Agency shall apply the
2.
The Agency shall apply the
2.
The Agency shall apply the
security principles relating to the
security principles relating to the
security principles relating to the
security principles relating to the
processing of non-classified sensitive
processing of non-classified sensitive
processing of non-classified sensitive
processing of non-classified sensitive
information as set out in the Decision
information as set out in the Decision
information as set out in the Decision
information as set out in the Decision
referred to in paragraph 1 of this
referred to in paragraph 1 of this
referred to in paragraph 1 of this
referred to in paragraph 1 of this
Article and as implemented by the
Article and as implemented by the
Article and as implemented by the
Article and as implemented by the
Commission. The Management
Commission. The Management
Commission. The Management
Commission. The Management
Board shall establish measures for
Board shall establish measures for
Board shall establish measures for
Board shall establish measures for
the application of those security
the application of those security
1
Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72,
17.3.2015, p. 53).
2
Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72,
17.3.2015, p. 53).
3
Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72,
17.3.2015, p. 53).
4
Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72,
17.3.2015, p. 53).
203
the application of those security
principles.
the application of those security
principles.
principles.
principles.
2a.
Classification shall not
2a.
Classification shall not
preclude information being made
preclude information being made
available to the European
available to the European
Parliament. The transmission and
Parliament. The transmission and
handling of information and
handling of information and
documents transmitted to the
documents transmitted to the
European Parliament in accordance
European Parliament in accordance
with this Regulation shall comply
with this Regulation shall comply
with rules concerning the
with rules concerning the
forwarding and handling of
forwarding and handling of
classified information which are
classified information which are
applicable between the European
applicable between the European
Parliament and the Commission.
Parliament and the Commission.
204
SECTION 3
SECTION 3
SECTION 3
SECTION 3
COOPERATION BY THE AGENCY
COOPERATION BY THE AGENCY
COOPERATION BY THE AGENCY
Cooperation by the Agency
Article 50
Article 50
Article 50
Article 50
Cooperation with Ireland and the
Cooperation with Ireland and the
Cooperation with Ireland and the
Cooperation with Ireland and the
United Kingdom
United Kingdom
United Kingdom
United Kingdom
1.
The Agency shall facilitate
1.
The Agency shall facilitate
1.
The Agency shall facilitate
1.
The Agency shall facilitate
operational cooperation of the
operational cooperation of the
operational cooperation of the
operational cooperation of the
Member States with Ireland and the
Member States with Ireland and the
Member States with Ireland and the
Member States with Ireland and the
United Kingdom in specific
United Kingdom in specific
United Kingdom in specific
United Kingdom in specific
activities.
activities.
activities.
activities.
2.
Support to be provided by the
2.
Support to be provided by the
2.
Support to be provided by the
2.
Support to be provided by the
Agency pursuant to Article 7(1)(j),
Agency pursuant to Article 7(1)(j),
Agency pursuant to Article 7(1)(j),
Agency pursuant to Article 7(1)(j),
(k) and (l) shall cover the
(k) and (l) shall cover the
(k) and (l) shall cover the
(k) and (l) shall cover the
organisation of return operations of
organisation of return operations of
organisation of return operations of
organisation of return operations of
Member States in which Ireland or
Member States in which Ireland or
Member States in which Ireland or
Member States in which Ireland or
the United Kingdom, or both, also
the United Kingdom, or both, also
the United Kingdom, or both, also
the United Kingdom, or both, also
participate.
participate.
participate.
participate.
3.
The application of this
3.
The application of this
3.
The application of this
3.
The application of this
Regulation to the borders of Gibraltar
Regulation to the borders of Gibraltar
Regulation to the borders of Gibraltar
Regulation to the borders of Gibraltar
shall be suspended until the date on
shall be suspended until the date on
shall be suspended until the date on
shall be suspended until the date on
which an agreement is reached on the
which an agreement is reached on the
which an agreement is reached on the
which an agreement is reached on the
scope of the measures concerning the
scope of the measures concerning the
scope of the measures concerning the
scope of the measures concerning the
crossing by persons of the external
crossing by persons of the external
crossing by persons of the external
crossing by persons of the external
borders.
borders.
borders.
borders.
Article 51
Article 51
Article 51
Article 51
Cooperation with Union institutions,
Cooperation with Union institutions,
Cooperation with Union institutions,
Cooperation with Union institutions,
agencies, bodies, offices and
agencies, bodies, offices and
agencies, bodies, offices and
agencies, bodies, offices and
international organisations
international organisations
international organisations
international organisations
1.
The Agency shall cooperate
1.
The Agency shall cooperate
1.
The Agency shall cooperate
1.
The Agency shall cooperate
with the Commission, other Union
with the Commission, other Union
with the Commission, other Union
with the Commission, other Union
institutions, the European External
institutions, the European External
institutions, the European External
institutions, the European External
Action Service, Europol, the
Action Service, Europol, the
Action Service, the European
Action Service, the European
European Asylum Support Office,
European Asylum Support Office,
Asylum Support Office
EASO,
Asylum Support Office
EASO,
the European Union Agency for
the European Union Agency for
Europol, the European Union
Europol, the European Union
205
Fundamental Rights, Eurojust, the
Fundamental Rights, Eurojust, the
Agency for Fundamental Rights,
Agency for Fundamental Rights,
European Union Satellite Centre, the
European Union Satellite Centre, the
Eurojust, the European Union
Eurojust, the European Union
European Maritime Safety Agency
European Maritime Safety Agency
Satellite Centre, the European
Satellite Centre, the European
and the European Fisheries Control
and the European Fisheries Control
Maritime Safety Agency and the
Maritime Safety Agency and the
Agency as well as other Union,
Agency as well as other Union,
European Fisheries Control Agency
European Fisheries Control Agency
agencies, bodies, offices in matters
agencies, bodies, offices in matters
as well as other Union, agencies,
as well as other Union, agencies,
covered by this Regulation, and in
covered by this Regulation, and in
bodies, offices in matters covered by
bodies, offices in matters covered by
particular with the objectives of
particular with the objectives of
this Regulation, and in particular
this Regulation, and in particular
preventing and combating irregular
preventing and combating irregular
with the objectives preventing and
with the objectives preventing and
immigration and cross-border crime
illegal immigration and cross-border
combating
of better managing
combating
of better addressing
including the facilitation of irregular
crime including the facilitation of
irregular immigration and
preventing
migratory challenges illegal
immigration, trafficking in human
irregular immigration, trafficking in
and detecting cross-border crime
immigration and
preventing and
being and terrorism.
human being and terrorism.
including the facilitation of irregular
detecting cross-border crime
To that end, the Agency may
To that end, the Agency may
immigration,
such as the criminal
including the facilitation of irregular
cooperate with international
cooperate with international
smuggling of persons, trafficking in
immigration,
such as migrant
organisations competent in matters
organisations competent in matters
human being and terrorism.
smuggling, trafficking in human
covered by this Regulation.
covered by this Regulation.
To that end, the Agency may
being and terrorism.
cooperate with international
To that end, the Agency may
organisations competent in matters
cooperate with international
covered by this Regulation.
organisations competent in matters
covered by this Regulation.
2.
Such cooperation shall take
2.
Such cooperation shall take
2.
Such cooperation shall take
2.
Such cooperation shall take
place within the framework of
place within the framework of
place within the framework of
place within the framework of
working arrangements concluded
working arrangements concluded
working arrangements concluded
working arrangements concluded
with those bodies. Such
with those bodies. Such
with those bodies. Such
with those bodies. Such
arrangements shall have received the
arrangements shall have received the
arrangements shall have received the
arrangements shall have received the
Commission’s prior approval. In
Commission’s prior approval. In
Commission’s prior approval. In
Commission’s prior approval. In
every case the Agency shall inform
every case the Agency shall inform
every case the Agency shall inform
every case the Agency shall inform
the European Parliament of any such
the European Parliament of any such
the European Parliament of any such
the European Parliament of any such
arrangements.
arrangements.
arrangements.
arrangements.
3.
The Agency shall cooperate
3.
The Agency shall cooperate
3.
The Agency shall cooperate
3.
The Agency shall cooperate
with the Commission in relation to
with the Commission, in relation to
with the Commission in relation to
with the Commission, in relation to
activities carried out under the
activities carried out under the
activities carried out under the
activities carried out under the
Customs Union where these
Customs Union where these
Customs Union where these
Customs Union where these
206
activities, including customs risk
activities, including customs risk
activities, including customs risk
activities, including customs risk
management, although outside the
management, although outside the
management, although outside the
management, although outside the
scope of this Regulation, may
scope of this Regulation, may
scope of this Regulation, may
scope of this Regulation, may
support its implementation.
support its implementation.and
support its implementation.
support its implementation.and
where relevant with Member States,
where relevant with Member States,
in activities relating to this
in activities relating to this
regulation, and, although outside the
regulation, and, although outside the
scope of this Regulation, relating to
scope of this Regulation, relating to
the customs area including risk
the customs area including risk
management, where these activities
management, where these activities
may support each other. This
may support each other. This
cooperation shall be without
cooperation shall be without
prejudice to the existing competences
prejudice to the existing competences
of the Commission and of the
of the Commission and of the
Member States.
Member States.
4.
The Union institutions,
4.
The Union institutions,
4.
The Union institutions,
4.
The Union institutions,
agencies, bodies, offices and
agencies, bodies, offices and
agencies, bodies, offices and
agencies, bodies, offices and
international organisations referred to
international organisations referred to
international organisations referred to
international organisations referred to
in paragraph 1, shall use information
in paragraph 1, shall use information
in paragraph 1, shall use information
in paragraph 1, shall use information
received by the Agency only within
received by the Agency only within
received by the Agency only within
received by the Agency only within
the limits of their competences and in
the limits of their competences and in
the limits of their competences and in
the limits of their competences and in
compliance with fundamental rights,
compliance with fundamental rights,
compliance with fundamental rights,
compliance with fundamental rights,
including data protection
including data protection
including data protection
including data protection
requirements. Onward transmission
requirements. Onward transmission
requirements. Onward transmission
requirements. Onward transmission
or other communication of personal
or other communication of personal
or other communication of personal
or other communication of personal
data processed by the Agency to
data processed by the Agency to
data processed by the Agency to
data processed by the Agency to
other Union agencies or bodies shall
other Union agencies or bodies shall
other Union agencies or bodies shall
other Union agencies or bodies shall
be subject to specific working
be subject to specific working
be subject to specific working
be subject to specific working
arrangements regarding the exchange
arrangements regarding the exchange
arrangements regarding the exchange
arrangements regarding the exchange
of personal data and subject to the
of personal data and subject to the
of personal data and subject to the
of personal data and subject to the
prior approval of the European Data
prior approval of the European Data
prior approval of the European Data
prior approval of the European Data
Protection Supervisor. As regards the
Protection Supervisor. As regards the
Protection Supervisor.
Any transfer
Protection Supervisor.
Any transfer
handling of classified information,
handling of classified information,
of personal data shall be in line with
of personal data by the Agency shall
those arrangements shall provide that
those arrangements shall provide that
the data protection provisions laid
be in line with the data protection
207
the Union institution, body, office,
the Union institution, body, office,
down in Articles 44 to 48. As regards
provisions laid down in Articles 44
agency or international organisation
agency or international organisation
the handling of classified
to 48. As regards the handling of
concerned shall comply with security
concerned shall comply with security
information, those arrangements
classified information, those
rules and standards equivalent to
rules and standards equivalent to
shall provide that the Union
arrangements shall provide that the
those applied by the Agency.
those applied by the Agency.
institution, body, office, agency or
Union institution, body, office,
international organisation concerned
agency or international organisation
shall comply with security rules and
concerned shall comply with security
standards equivalent to those applied
rules and standards equivalent to
by the Agency.
those applied by the Agency.
5.
The Agency may also, with the
5.
The Agency may also, with the
5.
The Agency may also, with the
5.
The Agency may also, with the
agreement of the Member States
agreement of the Member States
agreement of the Member States
agreement of the Member States
concerned, invite observers of Union
concerned, invite observers of Union
concerned, invite
non-military
concerned, invite observers of Union
institutions, agencies, bodies, offices
institutions, agencies, bodies, offices
observers of Union institutions,
institutions, agencies, bodies, offices
or international organisations to
or international organisations to
agencies, bodies, offices or
or international organisations to
participate in its activities in
participate in its activities in
international organisations to
participate in its activities in
particular, joint operations and pilot
particular, joint operations and pilot
participate in its activities in
particular, joint operations and pilot
projects, risk analysis and training, to
projects, risk analysis and training, to
particular, joint operations and pilot
projects, risk analysis and training, to
the extent that their presence is in
the extent that their presence is in
projects, risk analysis and training, to
the extent that their presence is in
accordance with the objectives of
accordance with the objectives of
the extent that their presence is in
accordance with the objectives of
those activities, may contribute to the
those activities, may contribute to the
accordance with the objectives of
those activities, may contribute to the
improvement of cooperation and the
improvement of cooperation and the
those activities, may contribute to the
improvement of cooperation and the
exchange of best practices, and does
exchange of best practices, and does
improvement of cooperation and the
exchange of best practices, and does
not affect the overall safety and
not affect the overall safety and
exchange of best practices, and does
not affect the overall safety and
security of those activities. The
security of those activities. The
not affect the overall safety and
security of those activities. The
participation of those observers in
participation of those observers in
security of those activities. The
participation of those observers in
risk analysis and training may take
risk analysis and training may take
participation of those observers in
risk analysis and training may take
place only with the agreement of the
place only with the agreement of the
risk analysis and training may take
place only with the agreement of the
Member States concerned. As
Member States concerned. As
place only with the agreement of the
Member States concerned. As
regards joint operations and pilot
regards joint operations and pilot
Member States concerned. As
regards joint operations and pilot
projects the participation of
projects the participation of
regards joint operations and pilot
projects the participation of
observers is subject to agreement of
observers is subject to agreement of
projects the participation of
observers is subject to agreement of
the host Member State. Detailed
the host Member State. Detailed
observers is subject to agreement of
the host Member State. Detailed
rules on the participation of
rules on the participation of
the host Member State. Detailed
rules on the participation of
observers shall be included in the
observers shall be included in the
rules on the participation of
observers shall be included in the
208
operational plan. Those observers
operational plan. Those observers
observers shall be included in the
operational plan. Those observers
shall receive the appropriate training
shall receive the appropriate training
operational plan. Those observers
shall receive the appropriate training
from the Agency prior to their
from the Agency prior to their
shall receive the appropriate training
from the Agency prior to their
participation.
participation.
from the Agency prior to their
participation.
participation.
Article 52
Article 52
Article 52
Article 52
European cooperation on coast guard
European cooperation on in support
European cooperation on coast guard
European cooperation on coast guard
functions
of national authorities carrying out
functions
functions
coast guard functions
1.
The Agency shall, in
1.
The Agency shall, in
1.
The Agency shall, in
1.
The Agency shall, in
cooperation with the European
cooperation with the European
cooperation with the European
cooperation with the European
Fisheries Control Agency and the
Fisheries Control Agency and the
Fisheries Control Agency and the
Fisheries Control Agency and the
European Maritime Safety Agency,
European Maritime Safety Agency,
European Maritime Safety Agency,
European Maritime Safety Agency,
support national authorities carrying
support national authorities carrying
support national authorities carrying
support national authorities carrying
out coast guard functions at national
out coastguard functions at national
out coast guard functions at national
out coast guard functions at national
and Union level, and where
and Union level, and where
and Union level, and where
and Union level, and where
appropriate, at international level by:
appropriate, at international level by:
appropriate, at international level by:
appropriate, at international level by:
(a)
sharing information generated
(a)
sharing, fusing and analysing
(a)
sharing information generated
(a)
sharing, fusing and analysing
by fusing and analysing data
information generated by fusing and
by fusing and analysing data
information generated by fusing and
available in ship reporting systems
analysing data available in ship
available in ship reporting systems
analysing data available in ship
and other information systems hosted
reporting systems and other
and other information systems hosted
reporting systems and other
by or accessible to the Agencies
, in
information systems hosted by or
by or accessible to the Agencies
, in
information systems hosted by or
accordance with their respective
accessible to the Agencies, in
accordance with their respective
accessible to the Agencies, in
legal bases and without prejudice to
accordance with their respective
legal bases and without prejudice to
accordance with their respective
the ownership of data by Member
legal bases and without prejudice to
the ownership of data by Member
legal bases and without prejudice to
States;
the ownership of data by Member
States;
the ownership of data by Member
States;
States;
(b)
providing surveillance and
(b)
providing surveillance and
(b)
providing surveillance and
(b)
providing surveillance and
communication services based on
communication services based on
communication services based on
communication services based on
state-of-the-art technology, including
state-of-the-art technology, including
state-of-the-art technology, including
state-of-the-art technology, including
space-based and ground
space-based and ground
space-based and ground
space-based and ground
infrastructure and sensors mounted
infrastructure and sensors mounted
infrastructure and sensors mounted
infrastructure and sensors mounted
on any kind of platform, such as
on any kind of platform, such as
on any kind of platform, such as
on any kind of platform, such as
remotely piloted aircraft systems;
remotely piloted aircraft systems;
remotely piloted aircraft systems;
remotely piloted aircraft systems;
209
(c)
capacity building by
(c)
capacity building by
(c)
capacity building by
(c)
capacity building by
elaborating guidelines,
elaborating guidelines,
elaborating guidelines,
elaborating guidelines,
recommendations and best practices
recommendations and best practices
recommendations and best practices
recommendations and best practices
as well as by supporting the training
as well as by supporting the training
as well as by supporting the
as well as by supporting the
and exchange of staff, with a view to
and exchange of staff, with a view to
providing training and exchange of
providing training and exchange of
enhancing the exchange of
enhancing the exchange of
staff, with a view to enhancing the
staff, with a view to enhancing the
information and cooperation on coast
information and cooperation on coast
exchange of information and
exchange of information and
guard functions;
guard functions, taking into account
cooperation on coast guard functions;
cooperation on coast guard functions;
relevant initiatives in this field;
(ca) enhancing the exchange of
(ca) enhancing the exchange of
information and cooperation on
information and cooperation on
coast guard functions including by
coast guard functions including by
discussing operational challenges
analysing operational challenges
and emerging risks in the maritime
and emerging risks in the maritime
domain;
domain;
(d)
capacity sharing, including the
(d)
capacity sharing, including the
(d)
capacity sharing, including the
(d)
capacity sharing, including the
planning and implementation of
by planning and implementation of
planning and implementation of
by planning and implementation of
multipurpose operations and the
multipurpose operations and the
multipurpose operations and the
multipurpose operations and the
sharing of assets and other
sharing of assets and other
sharing of assets and other
sharing of assets and other
capabilities across sectors and
capabilities across sectors and
capabilities across sectors and
capabilities across sectors and
borders.
borders, to the extent those are
borders.
borders, to the extent those are
coordinated by the agencies and with
coordinated by the agencies and with
the agreement of the Member States
the agreement of the
competent
concerned.
