### the resources curtailed or redispatched shall be selected amongst generation or demand facilities submitting offers for curtailment or redispatching using market - based mechanisms and be financially compensated . non - market - based curtailment or redispatching of generation or redispatching of demand response shall only be used where no market - based alternative is available , where all available market - based resources have been used , or where the number of generation or demand facilities available in the area where suitable generation or demand facilities for the provision of the service are located is too low to ensure effective competition . the provision of market - based resources shall be open to all generation technologies , storage and demand response , including operators located in other member states unless technically not feasible . ### the resources curtailed or redispatched shall be selected amongst generation , storage or demand facilities submitting offers for curtailment or redispatching using market - based mechanisms and be fully financially compensated . participation in market - based mechanisms shall be voluntary for all market participants , including in particular small decentralised and distributed generation . non - market - based curtailment or redispatching of generation or redispatching of demand response shall only be used where no market - based alternative is available where all available market - based resources have been used , or where the number of generation or demand facilities available in the area where suitable generation or demand facilities for the provision of the service are located is too low to ensure effective competition . the provision of market - based resources shall be open to all generation technologies , storage and demand response , including operators located in other member states unless technically not feasible .


### guarantee the capability of transmission and distribution networks to transmit electricity produced from renewable energy sources or high - efficiency cogeneration with minimum possible curtailment or redispatching . that shall not prevent network planning from taking into account limited curtailment or redispatching where this is shown to be more economically efficient and does not exceed 5 % of installed capacities using renewable energy sources or high - efficiency cogeneration in their area ; ### guarantee the capability of transmission and distribution networks to transmit electricity produced or stored from renewable energy sources or high - efficiency cogeneration with minimum possible curtailment or redispatching . that shall not prevent network planning from taking into account limited curtailment or redispatching where this is shown to be more economically efficient and does not exceed 5 % of installed or stored capacities using renewable energy sources , demand response or high - efficiency cogeneration at the connection point , provided that an appropriate consultation of stakeholders is carried out before its approval ;


### the maximum capacity of the interconnections and / or the transmission networks affecting cross - border flows shall be made available to market participants , complying with safety standards of secure network operation . counter - trading and redispatch , including cross - border redispatch , shall be used to maximise available capacities unless it is demonstrated that it is not beneficial to economic efficiency at union level . ### the optimum capacity of the interconnections and / or the transmission networks affecting cross - border flows shall be made available to market participants , complying with safety standards of secure network operation . counter - trading and redispatch , including cross - border redispatch , shall be used to optimize available capacities unless it is demonstrated that it is not beneficial to the member states sharing the interconnection .


### tariffs shall grant appropriate incentives to transmission and distribution system operators , over both the short and long term , to increase efficiencies , including energy efficiency , foster market integration and security of supply , and support investments and the related research activities . ### tariffs shall cover investment costs of transmission and distribution networks as well as their operation and maintenance carried out by an efficient and well - managed company . these costs will include incentives to increase efficiencies , including energy efficiency , and quality and reduce losses .


### distribution tariffs shall reflect the cost of use of the distribution network by system users including active customers , and may be differentiated based on system users’ consumption or generation profiles . where member states have implemented the deployment of smart metering systems , regulatory authorities may introduce time differentiated network tariffs , reflecting the use of the network , in a transparent and foreseeable way for the consumer . ### transmission and distribution tariffs shall reflect the investment cost and use of the transmission and distribution network by system users including active customers , and may be differentiated based on system users’ consumption or generation profiles . where member states have implemented the deployment of smart metering systems , competent authorities may introduce time differentiated network tariffs , reflecting the use of the network , in a transparent and foreseeable way for the consumer .


### distribution tariffs shall reflect the cost of use of the distribution network by system users including active customers , and may be differentiated based on system users ' consumption or generation profiles . where member states have implemented the deployment of smart metering systems , regulatory authorities may introduce time differentiated network tariffs , reflecting the use of the network , in a transparent and foreseeable way for the consumer . ### distribution tariffs shall reflect the cost and benefits of access to and use of the distribution network by system users including active customers , and may be differentiated based on system users ' consumption , storage or generation profiles . where member states have implemented the deployment of smart metering systems , regulatory authorities may introduce time differentiated network tariffs , reflecting the use of the network , in a transparent and foreseeable way for the consumer


### groups of network users subject to tariffs , including tariff exemptions . ### groups of network users subject to tariffs according to characteristics and forms of consumption , including tariff exemptions .


### any revenues resulting from the allocation of interconnection capacity shall be used for the following purposes : ### revenues resulting from the allocation of interconnection capacity shall be used for the following purposes :


### guaranteeing the actual availability of the allocated capacity ; ### guaranteeing the actual availability of the allocated capacity ; and / or


### resource adequacy ### resource adequacy and capacity mechanisms


### where the european resource adequacy assessment identifies a resource adequacy concern member states shall identify any regulatory distortions that caused or contributed to the emergence of the concern . ### where the national resource adequacy assessment identifies a resource adequacy concern member states shall identify any market and regulatory distortions that caused or contributed to the emergence and endurance of the concern .


### the european resource adequacy assessment shall be based on a methodology which shall ensure that the assessment : ### the european resource adequacy assessment shall be based on a transparent methodology which shall ensure that the assessment :


### is based on appropriate scenarios of projected demand and supply including an economic assessment of the likelihood of retirement , new - build of generation assets and measures to reach energy efficiency targets and appropriate sensitivities on wholesale prices and carbon price developments ; ### is based on appropriate national scenarios of projected demand and supply including an economic assessment of the likelihood of retirement , new - build of generation assets and measures to reach energy efficiency targets and appropriate sensitivities on wholesale prices and carbon price developments ;


### is based on appropriate scenarios of projected demand and supply including an economic assessment of the likelihood of retirement , new - build of generation assets and measures to reach energy efficiency targets and appropriate sensitivities on wholesale prices and carbon price developments ; ### is based on appropriate scenarios of projected demand and supply including an economic assessment of the likelihood of retirement , mothballing , new - build of generation assets and measures to reach energy efficiency targets and appropriate sensitivities on wholesale prices and carbon price developments ;


### appropriately takes account of the contribution of all resources including existing and future generation , energy storage , demand response , and import and export possibilities and their contribution to flexible system operation ; ### appropriately takes account of the contribution of all resources including existing and future generation , energy storage , sectoral integration , demand response , and import and export possibilities and their contribution to flexible system operation ;


### the proposals under paragraphs 2 and 5 and the results of the european resource adequacy assessment under paragraph 3 shall be subject to prior consultation and approval by the agency under the procedure set out in article 22 . ### the methodology proposals under paragraphs 2 , 4 and 5 and the results of the european resource adequacy assessment under paragraph 3 shall be subject to prior stakeholder consultation and approval by the agency under the procedure set out in article 22 .


### to prepare and adopt proposals related to the european resource adequacy assessment pursuant to article 19 , and and for the technical specifications for cross - border participation in capacity mechanisms pursuant to article 21 ; ### to prepare and adopt proposals related to the european resource adequacy assessment pursuant to article 19 and for the technical specifications for cross - border participation in capacity mechanisms pursuant to article 21 ;


### while preparing possible network codes pursuant to article 55 , the eu dso entity shall conduct an extensive consultation process , at an early stage and in an open and transparent manner , involving all relevant stakeholders , and , in particular , the organisations representing all stakeholders , in accordance with the rules of procedure referred to in article 50 . that consultation shall also involve national regulatory authorities and other national authorities , supply and generation undertakings , system users including customers , distribution system operators , including relevant industry associations , technical bodies and stakeholder platforms . it shall aim at identifying the views and proposals of all relevant parties during the decision - making process . ### while preparing possible network codes pursuant to article 55 , the eu dso entity shall conduct an extensive consultation process , at an early stage and in an open and transparent manner , involving all relevant stakeholders , and , in particular , the organisations representing all stakeholders , in accordance with the rules of procedure referred to in article 50 . that consultation shall also involve national regulatory authorities and other national authorities , supply and generation undertakings , system users including customers , technical bodies and stakeholder platforms . it shall aim at identifying the views and proposals of all relevant parties during the decision - making process .


### by [ op : six months after entry into force of this regulation ] the entso for electricity shall submit to the agency a proposal defining system operation regions covered by regional operational centres , taking into account existing regional security coordinators , on the basis of the following criteria : ### by [ op : six months after entry into force of this regulation ] the transmission system operators shall submit a proposal to the relevant member states defining system operation regions covered by regional coordination centres , taking into account existing regional security coordinators , on the basis of the following criteria :


### regional operational centres shall develop a procedure for the revision of decisions and recommendations . ### regional&#160 ; coordination centres and transmission system operators shall jointly develop a procedure for the revision of recommendations .


### regional operational centres shall develop a procedure for the revision of decisions and recommendations . ### regional coordination centres and transmission system operators shall jointly develop a procedure for the revision of recommendations .


### the competences of the management board shall exclude those that are related to the day - to - day activities of regional operational centres and the performance of its functions . ### the competences of the management board shall not include decisions related to the execution of the functions of regional coordination centres .


### integration of renewable energy resources , distributed generation and other resources embedded in the distribution network such as energy storage ; ### integration of renewable energy resources , distributed generation and other resources embedded in the distribution network such as energy storage and sectoral integration ;


### draft amendments to any network code adopted under article 55 may be proposed to the agency by persons who are likely to have an interest in that network code , including the entso for electricity , the eu dso entity , transmission system operators , system users and consumers . the agency may also propose amendments on its own initiative . ### draft amendments to any network code adopted under article 55 may be proposed to the agency by persons who are likely to have an interest in that network code , including the entso for electricity , the eu dso entity , transmission system operators , distribution system operators , system users and consumers . the agency may also propose amendments on its own initiative .


### facilitation of the regional procurement of balancing capacity ### calculation of the regional balancing capacity


### 1 . regional operational centres shall support the transmission system operators of the system operation region in administering the financial flows related to inter - transmission system operators settlements involving more than two transmission system operators , such as redispatching costs , congestion income , unintentional deviations or reserve procurement costs . ### 1 . where required by the transmission system operators , regional coordination centres shall support the transmission system operators of the system operation region in administering the financial flows related to inter - transmission system operators settlements involving more than two transmission system operators , such as redispatching costs , congestion income , unintentional deviations or reserve procurement costs .


### the objective of union policy in the field of external border management is to develop and implement european integrated border management at national and union level , which is a necessary corollary to the free movement of persons within the union and is a fundamental component of an area of freedom , security and justice . european integrated border management is central to improving migration management and ensuring a high level of internal security within the union . ### the objective of union policy in the field of external border management is to develop and implement european integrated border management at national and union level , which is a necessary corollary to the free movement of persons and goods within the union and is a fundamental component of an area of freedom , security and justice , and economic prosperity . european integrated border management is central to improving migration management and ensuring a high level of internal security within the union , in addition to helping to ensure and enable good transport , logistics and infrastructure links across external borders .


### to ensure the effective implementation of the european integrated border management , a european border and coast guard should be established . the european border and coast guard , which comprises the european border and coast guard agency and national authorities which are responsible for border management , including coast guards to the extent that they carry out border control tasks , relies upon the common use of information , capabilities and systems at national level and the response of the european border and coast guard agency at union level . ### to ensure the effective implementation of the european integrated border management , a european border and coast guard should be established and provided with the requisite financial and human resources and equipment . the european border and coast guard , which comprises the european border and coast guard agency and national authorities which are responsible for border management , including coast guards to the extent that they carry out border control tasks , relies upon the common use of information , capabilities and systems at national level and the response of the european border and coast guard agency at union level .


### european integrated border management is a shared responsibility of the european border and coast guard agency and the national authorities responsible for border management , including coast guards to the extent that they carry out border control tasks . while member states retain the primary responsibility for the management of their section of the external borders in their interest and in the interest of all member states which have abolished internal border control , the european border and coast guard agency should ensure the application of union measures relating to the management of the external borders by reinforcing , assessing and coordinating the actions of member states which implement those measures . ### european integrated border management is a shared responsibility of the european border and coast guard agency and the national authorities responsible for border management , including coast guards to the extent that they carry out border control tasks . member states retain the primary responsibility for the management of external borders in their interest and in the interest of all member states which have abolished internal border control . the european border and coast guard agency should support the application of union measures relating to the management of external borders by reinforcing , assessing and coordinating the actions of member states which implement those measures .


### european integrated border management is a shared responsibility of the european border and coast guard agency and the national authorities responsible for border management , including coast guards to the extent that they carry out border control tasks . while member states retain the primary responsibility for the management of their section of the external borders in their interest and in the interest of all member states which have abolished internal border control , the european border and coast guard agency should ensure the application of union measures relating to the management of the external borders by reinforcing , assessing and coordinating the actions of member states which implement those measures . ### european integrated external border management is a responsibility of the national authorities responsible for border management , including coast guards to the extent that they carry out border control tasks complemented by the european border and coast guard agency . while member states retain the primary responsibility for the management of their section of the external borders in their interest and in the interest of all member states which have abolished internal border control , the european border and coast guard agency should ensure the application of union measures relating to the management of the external borders by reinforcing , assessing and coordinating the actions of member states which implement those measures .


### european integrated border management is a shared responsibility of the european border and coast guard agency and the national authorities responsible for border management , including coast guards to the extent that they carry out border control tasks . while member states retain the primary responsibility for the management of their section of the external borders in their interest and in the interest of all member states which have abolished internal border control , the european border and coast guard agency should ensure the application of union measures relating to the management of the external borders by reinforcing , assessing and coordinating the actions of member states which implement those measures . ### european integrated border management is a shared responsibility of the european border and coast guard agency and the national authorities responsible for border management , including coast guards to the extent that they carry out maritime border surveillance operations and any other border control tasks . while member states retain the primary responsibility for the management of their section of the external borders in their interest and in the interest of all member states which have abolished internal border control , the european border and coast guard agency should ensure the application of union measures relating to the management of the external borders by reinforcing , assessing and coordinating the actions of member states which implement those measures .


### having regard to the increasing migratory pressures at the external borders , to the necessity of ensuring a high level of internal security within the union and to safeguard the functioning of the schengen area as well as the overarching principle of solidarity , it is necessary to reinforce the management of the external borders by building on the work of frontex and further develop it into an agency with a shared responsibility for the management of the external borders . ### having regard to the increasing migratory pressures at the external borders , to the necessity of ensuring a high level of internal security within the union and to safeguard the functioning of the schengen area as well as the overarching principle of solidarity , it is necessary to reinforce the management of the external borders by building on the work of frontex , through the expansion of its operational capacities , and further develop it into an agency with a shared responsibility for the management of the external borders .


### the european border and coast guard agency should prepare general and tailored risk analysis based on a common integrated risk analysis model , to be applied by the agency itself and by member states . the european border and coast guard agency should , based also on information provided by member states , provide adequate information and intelligence covering all aspects relevant to european integrated border management , especially border control , return , irregular secondary movements of third - country nationals within the union , prevention of cross - border crime including facilitation of irregular immigration , trafficking in human beings and terrorism , as well as the situation at neighbouring third countries , so as to allow for appropriate measures to be taken or to tackle identified threats and risks with a view to improving the integrated management of external borders . ### the european border and coast guard agency should prepare general and tailored risk analysis based on a common integrated risk analysis model , to be applied by the agency itself and by member states . the european border and coast guard agency should , based also on information provided by member states , provide adequate information and intelligence covering all aspects relevant to european integrated border management , especially border control , return , irregular secondary movements of third - country nationals within the union , prevention of cross - border crime including facilitation of irregular immigration , trafficking in human beings , terrorism and hybrid threats , as well as the situation at relevant third countries , so as to allow for appropriate measures to be taken or to tackle identified threats and risks with a view to improving the integrated management of external borders .


### the european border and coast guard agency should carry out a vulnerability assessment to assess the capacity of the member states to face challenges at their external borders , including by assessing the equipment and resources of member states as well as their contingency plans to address possible crises at the external borders . member states should take corrective action to address any deficiencies identified in that assessment . the executive director , on the advice of a supervisory board created within the european border and coast guard agency , should identify the measures to be taken by the member state concerned and should set a time - limit within which those measures should be taken . that decision should be binding on that member state and where the necessary measures are not taken within the set time - limit , the matter needs to be referred to the management board for a further decision . ### the european border and coast guard agency should carry out a vulnerability assessment to assess the capacity and state of preparedness of the member states to face challenges at their external borders , including by assessing the equipment and resources of member states as well as their contingency plans to address possible crises at the external borders . member states should take corrective action to address any deficiencies identified in that assessment . the executive director should identify the measures to be taken and recommend them to the member state concerned and should set a time - limit within which those measures should be taken . if that member state fails to take the necessary measures within the set time - limit , the matter needs to be referred to the management board for a further decision .


### in cases where a member state does not take the necessary corrective action in line with the vulnerability assessment or in the event of disproportionate migratory pressure at the external borders , rendering the control at the external border ineffective to an extent which risks putting in jeopardy the functioning of the schengen area , a unified , rapid and effective response should be delivered at union level . for this purpose , and to ensure better coordination at union level , the commission should identify the measures to be implemented by the european border and coast guard agency and require the member state concerned to cooperate with the agency in the implementation of those measures . the european border and coast guard agency should then determine the actions to be taken for the practical execution of the measures indicated in the commission decision , and an operational plan should be drawn up with the member state concerned . ### in cases where a member state does not take the necessary corrective action in line with the vulnerability assessment or in the event of disproportionate migratory pressure at the external borders , rendering the control at the external border ineffective to an extent which risks putting in jeopardy the functioning of the schengen area , a unified , rapid and effective response should be delivered at union level . for this purpose , and to ensure better coordination at union level , the commission should identify the measures to be implemented by the member state involved and the european border and coast guard agency , and propose it to the council , that should adopt these measures with a qualified majority vote . the european border and coast guard agency should then determine the actions to be taken for the practical execution of the measures indicated in the council’s decision , and an operational plan should be drawn up with the member state concerned .


### in cases where a member state does not take the necessary corrective action in line with the vulnerability assessment or in the event of disproportionate migratory pressure at the external borders , rendering the control at the external border ineffective to an extent which risks putting in jeopardy the functioning of the schengen area , a unified , rapid and effective response should be delivered at union level . for this purpose , and to ensure better coordination at union level , the commission should identify the measures to be implemented by the european border and coast guard agency and require the member state concerned to cooperate with the agency in the implementation of those measures . the european border and coast guard agency should then determine the actions to be taken for the practical execution of the measures indicated in the commission decision , and an operational plan should be drawn up with the member state concerned . ### in cases where a member state does not take the necessary corrective action in line with the vulnerability assessment or in the event of disproportionate migratory pressure at the external borders in connection with which it has not requested the agency ' s support , rendering the control at the external border ineffective to an extent which risks putting in jeopardy the functioning of the schengen area , a unified , rapid and effective response should be delivered at union level . for this purpose , and to ensure better coordination at union level , the commission should identify and propose to the member states meeting in the council the measures to be implemented by the european border and coast guard agency and require the member state concerned to cooperate with the agency in the implementation of those measures . the council should approve the proposed measures and their implementation as quickly as possible . the european border and coast guard agency should then determine the actions to be taken for the practical execution of the measures indicated in the council decision , and an operational plan should be drawn up with the member state concerned .


### in cases where a member state does not take the necessary corrective action in line with the vulnerability assessment or in the event of disproportionate migratory pressure at the external borders , rendering the control at the external border ineffective to an extent which risks putting in jeopardy the functioning of the schengen area , a unified , rapid and effective response should be delivered at union level . for this purpose , and to ensure better coordination at union level , the commission should identify the measures to be implemented by the european border and coast guard agency and require the member state concerned to cooperate with the agency in the implementation of those measures . the european border and coast guard agency should then determine the actions to be taken for the practical execution of the measures indicated in the commission decision , and an operational plan should be drawn up with the member state concerned . ### in cases where a member state does not take the necessary corrective action in line with the vulnerability assessment or in the event of disproportionate migratory pressure at the external borders , rendering the control at the external border ineffective to an extent which risks putting in jeopardy the functioning of the schengen area , a unified , rapid and effective response should be delivered at union level . for this purpose , and to ensure better coordination at union level , the commission should identify the measures to be implemented by the european border and coast guard agency and require the member state concerned to cooperate with the agency in the implementation of those measures . the european border and coast guard agency should then determine the actions to be taken for the practical execution of the measures indicated in the commission decision , and an operational plan should be drawn up with the member state concerned . in case that the member state chooses not to cooperate the commission should recommend excluding the member state from the schengen area for a limited time .


### the european border and coast guard agency should have the necessary equipment and staff at its disposal to be deployed in joint operations or rapid border interventions . to this end , when launching rapid border interventions at the request of a member state or in the context of a situation requiring urgent action , the european border and coast guard agency should be able to deploy european border and coast guard teams from a rapid reserve pool which should be a standing corps composed of a small percentage of the total number of border guards in the member states , which should amount to a minimum of 1 500 . the deployment of the european border and coast guard teams from the rapid reserve pool should be immediately complemented by additional european border and coast guard teams as appropriate . ### the european border and coast guard agency should have the necessary equipment and staff at its disposal to be deployed in joint operations or rapid border interventions . to this end , when launching rapid border interventions at the request of a member state or in the context of a situation requiring urgent action , the european border and coast guard agency should be able to deploy european border and coast guard teams from a rapid reserve pool which should be a standing corps composed of a small percentage of the total number of border guards in the member states , which should amount to a minimum of 1 500 . those teams should also include in their staff interpreters or fluent speakers of both the host member state ' s language and the language mostly spoken by those they need to address . the deployment of the european border and coast guard teams from the rapid reserve pool should be immediately complemented by additional european border and coast guard teams as appropriate .


### the european border and coast guard agency should step up its assistance to member states for returning illegally staying third - country nationals , subject to the union return policy and in compliance with directive 2008 / 115 / ec of the european parliament and of the council1 . in particular , it should coordinate and organise return operations from one or more member states and it should organise and conduct return interventions to reinforce the return system of member states requiring increased technical and operational assistance when complying with their obligation to return illegally staying third - country nationals in accordance with that directive . __________________ 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 . ### the european border and coast guard agency should step up its assistance to member states for returning illegally staying third - country nationals , subject to the union return policy and in compliance with directive 2008 / 115 / ec of the european parliament and of the council 1 . in particular , following the request of one or more member states it should coordinate and organise return operations and it should organise and conduct return interventions to reinforce the return system of member states requiring increased technical and operational assistance when complying with their obligation to return illegally staying third - country nationals in accordance with that directive . __________________ 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 .


### the european border and coast guard agency should establish pools of forced return monitors , forced return experts and return specialists made available by member states , who should be deployed during return operations and that should form part of tailor - made european return intervention teams deployed in return interventions . the european border and coast guard agency should provide them with the necessary training . ### the european border and coast guard agency should establish pools of forced return monitors , forced return experts and return specialists made available by member states , who should be deployed during return operations and that should form part of tailor - made european return intervention teams deployed in return interventions . the european border and coast guard agency should provide them with the necessary training . specific training for officials dealing with minors should be provided as well .


### the european border and coast guard agency should develop specific training tools and it should provide training at union level for national instructors of border guards and additional training and seminars related to control at external borders and return of third - country nationals illegally staying on the territory of member states for officers of the competent national bodies . the agency should be authorised to organise training activities in cooperation with member states and third countries on their territory . ### the european border and coast guard agency should develop specific training tools and it should provide training at union level for national instructors of border guards and additional training and seminars related to control at external borders and return of third - country nationals illegally staying on the territory of member states for officers of the competent national bodies . while developing training tools and providing trainings , special attention should be given to training on children’s rights . the agency should be authorised to organise training activities in cooperation with member states and third countries on their territory .


### the european border and coast guard agency should monitor and contribute to the developments in research relevant for the control of the external borders , including the use of advanced surveillance technology , and it should disseminate this information to the member states and to the commission . ### the european border and coast guard agency should monitor , promote and contribute to the developments in research relevant for the control of the external borders , including the use of advanced surveillance technology , and it should disseminate this information to the member states and to the commission .


### effective implementation of an integrated management of the external borders necessitates regular , swift and reliable exchange of information among the member states regarding the management of the external borders , irregular immigration and return . the european border and coast guard agency should develop and operate information systems facilitating such exchange in accordance with union data protection legislation . ### effective implementation of an integrated management of the external borders necessitates regular , swift and reliable exchange of information among the member states regarding the management of the external borders , irregular immigration and return . the european border and coast guard agency should develop and operate information systems , including with neighbouring third countries , facilitating such exchange , mutual recognition and interoperability in accordance with union data protection legislation .


### effective implementation of an integrated management of the external borders necessitates regular , swift and reliable exchange of information among the member states regarding the management of the external borders , irregular immigration and return . the european border and coast guard agency should develop and operate information systems facilitating such exchange in accordance with union data protection legislation . ### effective implementation of an integrated management of the external borders necessitates regular , swift and reliable exchange of information among the member states regarding the management of the external borders , irregular immigration and return . the european border and coast guard agency should develop and operate information systems facilitating such exchange in accordance with union data protection legislation . member states should provide the agency with adequate information and data .


### effective implementation of an integrated management of the external borders necessitates regular , swift and reliable exchange of information among the member states regarding the management of the external borders , irregular immigration and return . the european border and coast guard agency should develop and operate information systems facilitating such exchange in accordance with union data protection legislation . ### effective implementation of an integrated management of the external borders necessitates regular , swift and reliable exchange of information among the member states regarding the management of the external borders , the entry of monitored individuals into eu territory , irregular immigration and return . the european border and coast guard agency should develop and operate information systems facilitating such exchange in accordance with union data protection legislation .


### the commission and the member states should be represented within a management board to exercise policy and political oversight over the european border and coast guard agency . the board should , where possible , consist of the operational heads of the national services responsible for border guard management or their representatives . this board should be entrusted with the necessary powers to establish the budget , verify its execution , adopt the appropriate financial rules , establish transparent working procedures for decision making by the european border and coast guard agency and appoint the executive director and the deputy executive director . the agency should be governed and operated in line with the principles of the common approach on union decentralised agencies adopted on 19 july 2012 by the european parliament , the council and the european commission . ### the management board should exercise oversight over the european border and coast guard agency . the board should , where possible , consist of the operational heads of the national services responsible for border guard management or their representatives . this board should be entrusted with the necessary powers to establish the budget , verify its execution , adopt the appropriate financial rules , establish transparent working procedures for decision making by the european border and coast guard agency and appoint the executive director and the deputy executive director . the agency should be governed and operated taking into account the principles of the common approach on union decentralised agencies adopted on 19 july 2012 by the european parliament , the council and the european commission .


### ' external borders ' means the land and sea borders of the member states and their airports and seaports , to which the provisions of title ii of regulation no 562 / 2006 of the european parliament and of the council 38 apply ; __________________ 38 regulation 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 . ### ' external borders ' means the land and sea borders of the member states of the european union and their airports and seaports , to which the provisions of title ii of regulation no 562 / 2006 of the european parliament and of the council 38 apply ; __________________ 38 regulation 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 .


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


### use of state - of - the - art technology including large - scale information systems ; ### use of state - of - the - art technology including large - scale information systems and a timely exchange of data from all relevant data bases ;


### to ensure a coherent european integrated border management at all external borders , the agency shall facilitate and render more effective the application of existing and future union measures relating to the management of external borders , in particular the schengen borders code established by regulation no 562 / 2006 . ### to ensure a coherent european integrated border management at all eu external borders , the agency shall facilitate and render more effective the application of existing and future union measures relating to the management of external borders , in particular the schengen borders code established by regulation no 562 / 2006 .


### support the development of technical standards for equipment , especially for tactical level command , control and communication as well as technical surveillance to ensure interoperability at union and national level ; ### support the development of common technical standards for equipment , especially for tactical level command , control and communication as well as technical surveillance to ensure interoperability at union and national level ;


### assist member states in circumstances requiring increased technical and operational assistance at the external borders by coordinating and organising joint operations , taking into account that some situations may involve humanitarian emergencies and rescue at sea ; ### assist eu member states in circumstances requiring increased technical and operational assistance at the external borders , especially at the external borders of those eu member states facing specific and disproportionate pressures , by coordinating and organising joint operations , taking into account that some situations may involve humanitarian emergencies and rescue at sea ;


### assist member states in circumstances requiring increased technical and operational assistance at the external borders , by launching rapid border interventions at the external borders of those member states facing specific and disproportionate pressures , taking into account that some situations may involve humanitarian emergencies and rescue at sea ; ### assist eu member states in circumstances requiring increased technical and operational assistance at the external borders , by launching rapid border interventions at the external borders of those eu member states facing specific and disproportionate pressures , taking into account that some situations may involve humanitarian emergencies and rescue at sea ;


### deploy european border and coast guard teams and technical equipment to provide assistance in screening , identification and fingerprinting in the framework of the migration management support teams at hotspot areas ; ### deploy european border and coast guard teams and technical equipment to provide assistance to the european asylum support office and / or national authorities in each member state which are responsible for border control or for other tasks carried out at the external border in terms of screening , identifying and fingerprinting in the framework of the migration management support teams at hotspot areas ;


### deploy the necessary equipment and staff for the rapid reserve pool for the practical execution of the measures needed to be taken in a situation requiring urgent action at the external borders ; ### deploy the necessary equipment and staff for the rapid reserve pool for the practical execution of the measures needed to be taken in a situation requiring urgent action at the external borders of the member states of the eu ;


### assist member states in circumstances requiring increased technical assistance and operational assistance for implementing the obligation to return illegally staying third - country nationals , including through the coordination or organisation of return operations ; ### assist eu member states , especially those facing specific and disproportionate pressures , in circumstances requiring increased technical assistance and operational assistance for implementing the obligation to return illegally staying third - country nationals , including through the coordination or organisation of return operations ;


### provide the necessary assistance for the development and operation of a european border surveillance system and , as appropriate , to the development of a common information - sharing environment , including interoperability of systems , in particular by developing , maintaining and coordinating the eurosur framework in accordance with regulation no 1052 / 2013 ; ### provide the necessary assistance for the development and operation of a european border surveillance system and encourage the development of a common information - sharing environment , including interoperability of systems , in particular by developing , maintaining and coordinating the eurosur framework in accordance with regulation no 1052 / 2013 ;


### the agency and the national authorities which are responsible for border management , including coast guards to the extent that they carry out border control tasks , shall be subject to a duty to cooperate in good faith , and an obligation to exchange information . ### the agency and the national authorities which are responsible for border management and for returns , including coast guards to the extent that they carry out border control tasks , shall be subject to a duty to cooperate in good faith , and an obligation to exchange information .


### the agency shall prepare general and tailored risk analyses and submit it to the council and the commission . ### the agency shall prepare general and tailored risk analyses and submit it to the council , the commission and the european parliament .


### the risk analysis prepared by the agency shall cover all aspects relevant to the european integrated border management , in particular border control , return , irregular secondary movements of third - country nationals within the union , the prevention of cross - border crime including facilitation of irregular immigration , trafficking in human being and terrorism , as well as the situation in neighbouring third countries with a view to developing a pre - warning mechanism which analyses the migratory flows towards the union . ### the risk analysis prepared by the agency shall cover all aspects relevant to the european integrated border management , in particular border control , return , irregular secondary movements of third - country nationals within the union , the prevention of cross - border crime including facilitation of irregular immigration , trafficking in human being and terrorism , as well as situations in relevant third countries that have played a direct or indirect part in the emergence of these phenomena , with a view to developing a pre - warning mechanism which analyses the migratory flows towards the union .


### the risk analysis prepared by the agency shall cover all aspects relevant to the european integrated border management , in particular border control , return , irregular secondary movements of third - country nationals within the union , the prevention of cross - border crime including facilitation of irregular immigration , trafficking in human being and terrorism , as well as the situation in neighbouring third countries with a view to developing a pre - warning mechanism which analyses the migratory flows towards the union . ### the risk analysis prepared by the agency shall cover all aspects relevant to the european integrated border management , within its mandate , in particular border control , return , asylum , irregular secondary movements of third - country nationals within the union , the prevention of cross - border crime including facilitation of irregular immigration , trafficking in human being and terrorism , as well as the situation in neighbouring third countries with a view to developing a pre - warning mechanism which analyses the migratory flows towards the union .


### the risk analysis prepared by the agency shall cover all aspects relevant to the european integrated border management , in particular border control , return , irregular secondary movements of third - country nationals within the union , the prevention of cross - border crime including facilitation of irregular immigration , trafficking in human being and terrorism , as well as the situation in neighbouring third countries with a view to developing a pre - warning mechanism which analyses the migratory flows towards the union . ### the risk analysis prepared by the agency shall cover all aspects relevant to the european integrated border management , in particular border control , return , irregular secondary movements of third - country nationals within the union , the prevention of cross - border crime including facilitation of irregular immigration , trafficking in human being and terrorism , as well as the situation in neighbouring third countries with a view to developing a pre - warning mechanism which analyses , inter alia , the migratory flows towards the union .


### the liaison officers shall act on behalf of the agency and their role shall be to foster cooperation and dialogue between the agency and the national authorities which are responsible for border management , including coast guards to the extent that they carry out border control tasks . the liaison officers shall , in particular : ### the liaison officers shall act on behalf of the agency and their role shall be to foster cooperation and dialogue between the agency and the national authorities which are responsible for border management , including coast guards to the extent that they carry out border control tasks . the liaison officers shall :


### the liaison officers shall act on behalf of the agency and their role shall be to foster cooperation and dialogue between the agency and the national authorities which are responsible for border management , including coast guards to the extent that they carry out border control tasks . the liaison officers shall , in particular : ### the liaison officers shall act on behalf of the agency and their role shall be to foster cooperation and dialogue between the agency and the national authorities which are responsible for border management and for returns , including coast guards to the extent that they carry out border control tasks . the liaison officers shall , in particular :


### the agency shall assess the technical equipment , systems , capabilities , resources and contingency plans of the member states regarding border control . that assessment shall be based on information provided by the member state and by the liaison officer , on information derived from eurosur , in particular the impact levels attributed to the external land and sea border sections of each member state in accordance with regulation no&#160 ; 1052 / 2013 , and on the reports and evaluations of joint operations , pilot projects , rapid border interventions and other activities of the agency . ### as a preventative measure , the agency shall monitor continuously , complementary to the schengen evaluation mechanism , the technical equipment , systems , capabilities , resources , preparedness and contingency plans of the member states regarding border control . that assessment shall use objective criteria defined by the management board and be based on information provided by the member state and by the liaison officer , on information derived from eurosur , in particular the impact levels attributed to the external land and sea border sections of each member state in accordance with regulation no&#160 ; 1052 / 2013 , and on the reports and evaluations of joint operations , pilot projects , rapid border interventions and other activities of the agency .


### member states shall , at the request of the agency , provide information as regards technical equipment , staff and financial resources available at national level to carry out border control and they shall submit their contingency plans . ### member states shall , at the request of the agency , provide information as regards technical equipment , staff and financial resources available at national level to carry out external border control .


### the aim of the vulnerability assessment is for the agency to assess the capacity and readiness of member states to face upcoming challenges , including present and future threats and pressures at the external borders , to identify , especially for those member states facing specific and disproportionate pressures , possible immediate consequences at the external borders and subsequent consequences on the functioning of the schengen area , and to assess their capacity to contribute to the rapid reserve pool referred to in article 19 . that assessment is without prejudice to the schengen evaluation mechanism . ### the aim of the vulnerability assessment is for the agency to assess the capacity and readiness of member states to face upcoming challenges , including present and future threats and pressures at the external borders , to identify , especially for those member states facing specific and disproportionate pressures , possible immediate consequences at the external borders and subsequent consequences on the public order and internal security in the eu , and to assess their capacity to contribute to the rapid reserve pool referred to in article 19 while taking into account their national needs . that assessment is without prejudice to the schengen evaluation mechanism .


### the aim of the vulnerability assessment is for the agency to assess the capacity and readiness of member states to face upcoming challenges , including present and future threats and pressures at the external borders , to identify , especially for those member states facing specific and disproportionate pressures , possible immediate consequences at the external borders and subsequent consequences on the functioning of the schengen area , and to assess their capacity to contribute to the rapid reserve pool referred to in article 19 . that assessment is without prejudice to the schengen evaluation mechanism . ### the aim of the vulnerability assessment is for the agency to assess preventively the capacity and readiness of member states to face challenges , including present and future threats and pressures at the external borders , to identify , especially for those member states facing specific and disproportionate pressures , possible immediate consequences at the external borders and subsequent consequences on the functioning of the schengen area , and to assess their capacity to contribute to the rapid reserve pool referred to in article 19 . in case of possible immediate consequences at the external borders and subsequent consequences on the functioning of the schengen area , that assessment shall take into account and is without prejudice to the schengen evaluation mechanism .


### the aim of the vulnerability assessment is for the agency to assess the capacity and readiness of member states to face upcoming challenges , including present and future threats and pressures at the external borders , to identify , especially for those member states facing specific and disproportionate pressures , possible immediate consequences at the external borders and subsequent consequences on the functioning of the schengen area , and to assess their capacity to contribute to the rapid reserve pool referred to in article 19 . that assessment is without prejudice to the schengen evaluation mechanism . ### the aim of the vulnerability assessment is for the agency to assess the capacity and readiness of member states to face upcoming challenges , including present and future threats and pressures at the external borders , to identify , especially for those member states facing specific and disproportionate pressures , possible immediate consequences at the external borders , including on the proper functioning of cross - border transport , logistics and infrastructure links , and subsequent consequences on the functioning of the schengen area , and to assess their capacity to contribute to the rapid reserve pool referred to in article 19 . that assessment is without prejudice to the schengen evaluation mechanism .


### the agency shall finance or co - finance the activities set out in paragraph 2 with grants from its budget in accordance with the financial rules applicable to the agency . ### the agency shall finance or co - finance the activities set out in paragraph 2 from its budget and through contracts in accordance with the financial rules applicable to the agency .


### the agency shall organise the appropriate technical and operational assistance for the host member state and it may take one or more of the following measures : ### the agency , in agreement with the requesting member state and after thorough risk analysis , shall organise the appropriate technical and operational assistance for the host member state which may include one or more of the following measures :


### deploy european border and coast guard teams in the framework of the migration management support teams at hotspot areas ; ### deploy european border and coast guard teams in the framework of the migration management support teams at hotspot areas to conduct return operations ;


### the agency shall finance or co - finance the activities set out in paragraph 2 with grants from its budget in accordance with the financial rules applicable to the agency . ### the agency shall finance or co - finance the activities set out in paragraph 2 with grants from its budget in accordance with the financial rules applicable to the agency . in case there is an increased financial need due to a situation of migratory pressure at the external borders , the agency shall inform the commission , the council and the parliament in a timely manner .


### the executive director shall , on the advice of the supervisory board based on the results of the vulnerability assessment , and taking into account the agency’s risk analysis and the analysis layer of the european situational picture established in accordance with regulation no 1052 / 2013 , recommend to the member state concerned to initiate and carry out joint operations or rapid border interventions . the agency shall put its technical equipment at the disposal of the host or participating member states . ### the executive director shall , based on the results of the vulnerability assessment , and taking into account the agency’s risk analysis and the analysis layer of the european situational picture established in accordance with regulation no 1052 / 2013 , recommend to the member state concerned to initiate and carry out joint operations or rapid border interventions . the agency shall put its technical equipment at the disposal of the host or participating member states .


### member states may request the agency to launch joint operations to face upcoming challenges , including present or future threats at the external borders resulting from irregular immigration or cross - border crime , or to provide increased technical and operational assistance when implementing their obligations with regard to the control of the external borders . ### member states may request the agency to launch joint operations to face impending difficulties , including irregular migration , real or presumed threats at the external borders and cross - border crime , or to provide increased technical and operational assistance when implementing their obligations with regard to the control of the external borders .


### member states shall ensure that the border guards assigned to the rapid reserve pool are immediately and without exception made available to the agency . member states shall also make additional border guards available for the deployment of european border and coast guard teams at the request of the agency , unless they are faced with an exceptional situation substantially affecting the discharge of national tasks . ### member states shall ensure that the border guards assigned to the rapid reserve pool are immediately and without exception made available to the agency to guarantee a complete deployment within three working days after the date on which the operational plan is agreed . member states shall also make additional border guards available for the deployment of european border and coast guard teams at the request of the agency , unless they are faced with an exceptional situation substantially affecting the discharge of national tasks .


### the screening of third - country nationals arriving at the external borders , including the identification , registration , and debriefing of those third - country nationals and , where requested by the member state , the fingerprinting of third - country nationals ; ### providing assistance in the screening of third - country nationals arriving at the external borders , including the identification , registration , and debriefing of those third - country nationals and , where requested by the member state , the fingerprinting of third - country nationals ;


### the executive director shall , within two working days from the date of adoption of the commission decision , and on the advice of the supervisory board , determine the actions needed to be taken for the practical execution of the measures identified in the commission decision , including the technical equipment as well as the number and profiles of the border guards and other relevant staff needed to meet the objectives of that decision . ### the executive director shall , within two working days from the date of adoption of the council decision : determine the actions needed to be taken for the practical execution of the measures identified in the council decision , including the technical equipment as well as the number and profiles of the border guards and other relevant staff needed to meet the objectives of that decision ; submit a draft operational plan to the member state concerned .


### on a proposal by the executive director , the management board shall decide by an absolute majority of its members with a right to vote on the profiles and the overall number of border guards to be made available for the european border and coast guard teams . the same procedure shall apply with regard to any subsequent changes in the profiles and the overall numbers . member states shall contribute to the european border and coast guard teams through a national pool on the basis of the various defined profiles by nominating border guards corresponding to the required profiles . ### on a proposal by the executive director , the management board shall decide by an absolute majority of its members with a right to vote on the profiles and the overall number of border guards to be made available for the european border and coast guard teams . the same procedure shall apply with regard to any subsequent changes in the profiles and the overall numbers . member states shall contribute to the european border and coast guard teams through a national pool on the basis of the various defined profiles by nominating border guards corresponding to the required profiles and taking into account their own needs for ensuring the security of their external borders .


### the rapid reserve pool shall be a standing corps placed at the immediate disposal of the agency and which can be deployed from each member state within three working days from when the operational plan is agreed upon by the executive director and the host member state . for that purpose , each member state shall , on a yearly basis , make available to the agency a number of border guards commensurate to at least 3% of the staff of member states without land or sea external borders and 2% of the staff of member states with land or sea external borders , and which shall amount to a minimum of 1 500 border guards , corresponding to the profiles identified by the decision of the management board . ### the rapid reserve pool shall be a standing corps placed at the immediate disposal of the agency and which can be deployed from each member state within three working days from when the operational plan is agreed upon by the executive director and the host member state . for that purpose , each member state shall , on a yearly basis , make available to the agency a number of border guards commensurate to at least 3% of the staff of member states without land or sea external borders and 2% of the staff of member states with land or sea external borders , and which shall amount to a minimum of 1 500 border guards , corresponding to the profiles identified by the decision of the management board . the agency shall evaluate whether the border guards proposed by member states correspond to the profiles defined and shall decide on the border guards to be chosen for the rapid reserve pool . the agency shall have the power to remove a border guard from the pool in case of misconduct or breach of the applicable rules .


### the agency , through its coordinating officer , may communicate its views to the host member state on the instructions given to european border and coast guard teams . in that case , the host member state shall take those views into consideration and follow them to the extent possible . ### the agency , through its coordinating officer , may communicate its views to the host member state on the instructions given to european border and coast guard teams . if the agency has concerns as regards the instructions issued to the european border and coast guard teams it shall communicate its views , which the host member state shall take into consideration and follow to the extent possible .


### members of the teams shall , in the performance of their tasks and in the exercise of their powers , fully respect fundamental rights , including access to asylum procedures , and human dignity . any measures taken in the performance of their tasks and in the exercise of their powers shall be proportionate to the objectives pursued by such measures . while performing their tasks and exercising their powers , they shall not discriminate against persons on grounds of sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . ### members of the teams shall , in the performance of their tasks and in the exercise of their powers , fully respect fundamental rights , and human dignity . any measures taken in the performance of their tasks and in the exercise of their powers shall be proportionate to the objectives pursued by such measures . while performing their tasks and exercising their powers , they shall not discriminate against persons on grounds of sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation .


### detailed rules concerning the payment of the daily subsistence allowance of members of the european border and coast guard teams shall be established and updated as necessary by the management board . ### detailed rules concerning the payment of the daily subsistence allowance of members of the european border and coast guard teams shall be established and updated as necessary by the management board on proposal from the commission .


### the executive director shall withdraw the financing of a joint operation or a rapid border intervention , or suspend or terminate , in whole or in part , a joint operation or rapid border intervention if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist . ### the executive director shall withdraw the financing of a joint operation , or a rapid border intervention , a pilot project , migration management support teams , return operation , return intervention or working arrangement or suspend or terminate , in whole or in part , such activities if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist .


### the agency shall finance or co - finance return operations with grants from its budget , in accordance with the financial rules applicable to the agency , giving priority to those conducted by more than one member state , or from hotspot areas . ### the agency shall finance or co - finance return operations from its budget and through contracts , in accordance with the financial rules applicable to the agency , giving priority to those conducted by more than one member state , or from hotspot areas .


### in circumstances where member states are facing a heavy burden when implementing the obligation to return illegally staying third - country nationals in accordance with directive 2008 / 115 / ec , the agency shall , upon request of one or more member states , provide the appropriate technical and operational assistance in the form of a return intervention . such intervention may consist in the deployment of european return intervention teams to the host member states and the organisation of return operations from the host member states . member states shall regularly inform the agency of their needs for technical and operational assistance , and the agency shall draw up a rolling plan for return interventions on this basis . ### the agency shall , upon request of one or more member states , provide the appropriate technical and operational assistance in the form of a return intervention or a rapid return intervention . the agency may propose on its own initiative to provide such technical and operational assistance to the member states . such intervention may consist in the deployment of european return intervention teams or the rapid deployment ofeuropean return intervention teams to the host member states and the organisation of return operations from the host member states . member states shall regularly inform the agency of their needs for technical and operational assistance , and the agency shall draw up a rolling plan for return interventions on this basis .


### the agency shall finance or co - finance return interventions with grants from its budget in accordance with the financial rules applicable to the agency . ### the agency shall finance or co - finance return interventions from its budget and through contracts in accordance with the financial rules applicable to the agency .


### the european border and coast guard shall , in the performance of its tasks , take into account the special needs of children , victims of trafficking in human beings , persons in need of medical assistance , persons in need of international protection , persons in distress at sea and other persons in a particularly vulnerable situation . ### the european border and coast guard agency shall , in the performance of its tasks , take into account the special needs of minors , especially if unaccompanied , victims of trafficking in human beings , persons in need of medical assistance , persons in need of international protection , persons in distress at sea and other persons in a particularly vulnerable situation .


### the agency shall draw up and further develop a code of conduct applicable to all border control operations coordinated by the agency . the code of conduct shall lay down procedures intended to guarantee the principles of the rule of law and respect for fundamental rights with particular focus on unaccompanied minors and persons in a vulnerable situation , as well as on persons seeking international protection , applicable to all persons participating in the activities of the agency . ### the agency shall draw up and further develop a code of conduct applicable to all border control operations coordinated by the agency . the code of conduct shall lay down procedures intended to guarantee the principles of the rule of law and respect for fundamental rights with particular focus on vulnerable persons , including unaccompanied minors and other persons in a vulnerable situation , as well as on persons seeking international protection , applicable to all persons participating in the activities of the agency .


### the agency shall develop and regularly update a code of conduct for the return of illegally staying third - country nationals which shall apply during all return operations and return interventions coordinated or organised by the agency . that code of conduct shall describe common standardised procedures to simplify the organisation of return operations and return interventions , and assure return in a humane manner and with full respect for fundamental rights , in particular the principles of human dignity , prohibition of torture and of inhuman or degrading treatment or punishment , the right to liberty and security and the right to the protection of personal data and non - discrimination . ### the agency shall adhere to the return handbook for the return of illegally staying third - country nationals which shall apply during all return operations and return interventions coordinated or organised by the agency , ensuring that the common standards and procedures of directive 2008 / 115 / ec are implemented .


### the agency shall , in cooperation with the appropriate training entities of the member states , develop specific training tools and provide border guards and other relevant staff who are members of the european border and coast guard teams with advanced training relevant to their tasks and powers . experts from the staff of the agency shall conduct regular exercises with those border guards in accordance with the advanced training and exercise schedule referred to in the annual work programme of the agency . ### the agency shall , in cooperation with the appropriate training entities of the member states , develop specific training tools , including child specific measures when children are involved , and provide border guards and other relevant staff who are members of the european border and coast guard teams with advanced training relevant to their tasks and powers . experts from the staff of the agency shall conduct regular exercises with those border guards in accordance with the advanced training and exercise schedule referred to in the annual work programme of the agency .


### the agency shall assist the member states and the commission in identifying key research themes . the agency shall assist the commission in the definition and accomplishment of the relevant union framework programmes for research and innovation activities . ### the agency shall assist the member states and the commission in identifying key research themes . the agency shall assist member states and the commission in the definition and accomplishment of the relevant union framework programmes for research and innovation activities .


### the agency may acquire technical equipment , such as fingerprinting equipment , by decision of the executive director in consultation with the management board . any acquisition or leasing of equipment entailing significant costs to the agency shall be preceded by a thorough needs and cost / benefit analysis . any such expenditure shall be provided for in the agency’s budget as adopted by the management board . ### the agency may acquire technical equipment by decision of the executive director in consultation with the management board . any acquisition or leasing of equipment entailing significant costs to the agency shall be preceded by a thorough needs and cost / benefit analysis and be decided upon by the management board . any such expenditure shall be provided for in the agency’s budget as adopted by the management board .


### the agency may acquire technical equipment , such as fingerprinting equipment , by decision of the executive director in consultation with the management board . any acquisition or leasing of equipment entailing significant costs to the agency shall be preceded by a thorough needs and cost / benefit analysis . any such expenditure shall be provided for in the agency’s budget as adopted by the management board . ### the agency may acquire cutting - edge technical equipment by decision of the executive director in consultation with the management board . any acquisition or leasing of equipment entailing significant costs to the agency shall be preceded by a thorough needs and cost / benefit analysis . any such expenditure shall be provided for in the agency’s budget as adopted by the management board .


### where the agency acquires or leases major technical equipment , such as open sea and coastal patrol vessels , helicopters or other aircraft or vehicles the following conditions shall apply : ### where the agency acquires or leases major technical equipment the following conditions shall apply :


### on the basis of a model agreement drawn up by the agency , the member state of registration and the agency shall agree on modalities ensuring the periods of full availability of the co - owned assets for the agency , as well as on the terms of use of the equipment . technical equipment owned solely by the agency shall be made available to the agency upon its request and the member state of registration may not invoke the exceptional situation referred to in article 38 . ### on the basis of a model agreement drawn up by the agency , the member state of registration and the agency shall agree on modalities ensuring the periods of full availability of the co - owned assets for the agency , as well as on the terms of use of the equipment . technical equipment owned solely by the agency shall be made available to the agency upon its request at any time and the member state of registration may not invoke the exceptional situation referred to in article 38 .


### member states shall contribute to the technical equipment pool . the contribution by member states to the pool and deployment of the technical equipment for specific operations shall be planned on the basis of annual bilateral negotiations and agreements between the agency and member states . in accordance with those agreements and to the extent that it forms part of the minimum number of technical equipment for a given year , member states shall make their technical equipment available for deployment at the request of the agency , unless they are faced with an exceptional situation substantially affecting the discharge of national tasks . such request shall be made at least 30 days before the intended deployment . the contributions to the technical equipment pool shall be reviewed annually . ### member states shall contribute to the technical equipment pool . the contribution by member states to the pool and deployment of the technical equipment for specific operations shall be planned on the basis of annual bilateral negotiations and agreements between the agency and member states . in accordance with those agreements and to the extent that it forms part of the minimum number of technical equipment for a given year , member states shall make their technical equipment available for deployment at the request of the agency , unless they are faced with an exceptional situation substantially affecting the discharge of national tasks . if a member state invokes such an exceptional situation , it shall provide detailed reasons and information on the situation in a letter to the agency , the content of which shall be included in the report referred to in paragraph 7 . such a request shall be made at least 30 days before the intended deployment . the contributions to the technical equipment pool shall be reviewed annually .


### the agency shall inform the european parliament on an annual basis of the number of technical equipment that each member state has committed to the technical equipment pool in accordance with this article . ### the agency shall inform the european parliament on an annual basis of the number of technical equipment that each member state has committed to the technical equipment pool in accordance with this article . this report shall list the member states that invoked the exceptional situation referred to in paragraph 4 in the previous year and include the reasons and information provided by the member state concerned .


### for the purpose of this regulation , the host member state shall authorise members of the teams to consult its national and european databases the consultation of which is necessary for border checks , border surveillance and return . the members of the teams shall consult only those data which are required for performing their tasks and exercising their powers . the host member state shall , in advance of the deployment of the members of the teams , inform the agency of the national and european databases which may be consulted . the agency shall make this information available to all member states participating in the deployment . ### for the purpose of this regulation , the host member state shall authorise members of the teams to consult its national and european databases the consultation of which is necessary for border checks , border surveillance and return and ensure that they are provided with an access to these databases in an efficient and effective manner . the members of the teams shall consult only those data which are required for performing their tasks and exercising their powers . the host member state shall , in advance of the deployment of the members of the teams , inform the agency of the national and european databases which may be consulted . the agency shall make this information available to all member states participating in the deployment .


### the use by the agency of personal data collected and transmitted to it by the member states or by its own staff in the context of joint operations , pilot projects and rapid border interventions , and by migration management support teamsshall be limited to : ### calls on member states to ensure the regular and accurate update of eu databases including the schengen information system and the european criminal records information system , so that all available information can be utilised by the frontex agency in order to ensure the security of the eu ' s external border and the good functioning of the schengen area . the use by the agency of personal data collected and transmitted to it by the member states or by its own staff in the context of joint operations , pilot projects and rapid border interventions , and by migration management support teams shall include :


### capacity building by elaborating guidelines , recommendations and best practices as well as by supporting the training and exchange of staff , with a view to enhancing the exchange of information and cooperation on coast guard functions ; ### capacity building by elaborating guidelines , recommendations and best practices as well as by providing training and exchange of staff ;


### the agency may cooperate with the authorities of third countries competent in matters covered by this regulation with the support of and in coordination with union delegations , as well as within the framework of working arrangements concluded with those authorities in accordance with union law and policy . those working arrangements shall be related to the management of operational cooperation . such arrangements shall have received the commission’s prior approval . ### the agency may within the framework of the external relations policy of the union , including with regard to the protection of fundamental rights , cooperate with the authorities of third countries competent in matters covered by this regulation with the support of and in coordination with union delegations , as well as within the framework of working arrangements concluded with those authorities in accordance with union law and policy . those working arrangements shall be related to the management of operational cooperation . the agency shall also comply with norms and standards at least equivalent to those set by union legislation when cooperation with third countries takes place on the territory of those countries . such arrangements shall have received the commission’s prior approval .


### in circumstances requiring increased technical and operational assistance , the agency may coordinate operational cooperation between member states and third countries in the field of management of external borders , and it shall have the possibility of carrying out joint operations at the external borders involving one or more member states and a third country neighbouring at least one of those member states , subject to the agreement of that neighbouring third country , including on the territory of that third country . the commission shall be informed of such activities . ### in circumstances requiring increased technical and operational assistance , the agency may coordinate operational cooperation between member states and third countries in the field of management of external borders , on the basis of an operational plan agreed by the member states concerned and it shall have the possibility of carrying out joint operations at the external borders involving one or more member states and a third country neighbouring at least one of those member states , either at the external borders or on the territory of that neighbouring third country . in the case of an operation on the territory of that third country , the agreement of that neighbouring third country will be required . the commission shall be informed of such activities .


### adopt a consolidated annual activity report of the agency for the previous year and forward it by 1 july at the latest to the european parliament , the council , the commission and the court of auditors ; the consolidated annual activity report shall be made public ; ### adopt an annual activity report of the agency for the previous year and forward it by 1 july at the latest to the european parliament , the council , the commission and the court of auditors ; the annual activity report shall be made public ;


### before 30 november each year , and after taking into account the opinion of the commission , adopt , by a majority of two - thirds of the members entitled to vote , a single programming document containing the agency’s multiannual programming and its work programme for the following year and forward it to the european parliament , the council and the commission ; ### before 30 november each year , and after taking into account the opinion of the commission , adopt , by a majority of two - thirds of the members entitled to vote , its work programme for the following year and forward it to the european parliament , the council and the commission ;


### adopt and regularly update the communication and dissemination plans referred to in article 7 based on an analysis of needs ; ### adopt and regularly update the communication and dissemination plans referred to in article 7 ;


### multiannual programming and annual work programmes ### annual work programmes


### the management board shall , by 30 november each year , adopt a programming document containing the agency ' s multiannual programming and annual programming for the following year , based on a draft put forward by the executive director , taking into account the opinion of the commission and , as regards the multiannual programming , after having consulted the european parliament . the management board shall forward that document to the european parliament , the council and the commission . ### the management board shall , by 30 november each year , adopt the agency ' s annual programming for the following year , based on a draft put forward by the executive director , taking into account the opinion of the commission . the management board shall forward that document to the european parliament , the council and the commission .


### the annual work programme shall contain a description of the activities to be financed comprising detailed objectives and expected results including performance indicators . it shall also contain an indication of the financial and human resources allocated to each activity , in accordance with the principles of activity - based budgeting and management . the annual work programme shall be consistent with the multiannual programming . it shall clearly indicate tasks that have been added , changed or deleted compared to the previous financial year . ### the annual work programme shall contain a description of the activities to be financed comprising detailed objectives and expected results including performance indicators . it shall also contain an indication of the financial and human resources allocated to each activity , in accordance with the principles of activity - based budgeting and management . it shall clearly indicate tasks that have been added , changed or deleted compared to the previous financial year .


### the european parliament or the council may invite the executive director to report on the carrying out of his or her tasks , in particular on the implementation and monitoring of the fundamental rights strategy , the consolidated annual activity report of the agency for the previous year , the work programme for the following year and the agency’s multiannual programming . ### the european parliament or the council may invite the executive director to report on the carrying out of his or her tasks , including on the implementation and monitoring of the fundamental rights strategy , the annual activity report of the agency for the previous year , the work programme for the following year or any other matter related to the activities of the agency . the executive director shall make a statement before the european parliament and report to it regularly .


### to prepare each year the consolidated annual activity report on the agency’s activities and submit it to the management board ; ### to prepare each year the annual activity report on the agency’s activities and submit it to the management board ;


### the commission shall propose candidates for the post of the executive director and the deputy executive director based on a list following publication of the post in the official journal of the european union and other press or internet sites as appropriate . ### the commission shall propose at least three candidates for the post of the executive director and at least three candidates for the post of the deputy executive director following publication of the post in the official journal of the european union and other press or internet sites as appropriate .


### the term of office of the executive director shall be five years . by the end of that period , the commission shall undertake an assessment that takes into account an evaluation of the executive director’s performance and the agency’s future tasks and challenges . ### the term of office of the executive director shall be five years . by the end of that period , the commission shall undertake an assessment that takes into account an evaluation of the executive director’s performance and the agency’s future tasks and challenges . the european parliament and the council may issue an opinion .


### the fundamental rights officer shall report to the executive director and to the management board as to the findings and follow - up given to complaints by the agency and the member states . ### the fundamental rights officer shall inform the executive director and the management board of the findings regarding the complaints deemed eligible . the executive director and the management board shall then report on the follow - up to complaints by the agency and the member states .


### any person who is directly affected by the actions of staff involved in a joint operation , pilot project , rapid border intervention , return operation or return intervention , and who considers him or herself to have been the subject of a breach of his or her fundamental rights due to those actions , or any third parties intervening on behalf of such a person , may submit a complaint , in writing , to the agency . ### any person who is directly affected by the actions of staff involved in a joint operation , pilot project , rapid border intervention , return operation or return intervention , and who considers him or herself to have been the subject of a breach of his or her fundamental rights due to those actions , may submit a complaint , in writing , to the agency .


### in accordance with the right to good administration , if a complaint is admissible , complainants shall be informed that a complaint has been registered , that an assessment has been initiated and that a response may be expected as soon as it becomes available . if a complaint is not admissible , complainants shall be informed of the reasons and provided with further options for addressing their concerns . ### in accordance with the right to good administration , if a complaint is admissible , complainants shall be informed that a complaint has been registered , that an assessment has been initiated and that a response may be expected as soon as it becomes available . if a complaint is not admissible , complainants shall be informed of the reasons and provided with further options for addressing their concerns through the european ombudsman .


### the agency may communicate on its own initiative in the fields within its mission . it shall make public the consolidated annual activity report referred to in article 61 and ensure in particular that the public and any interested party are rapidly given objective , reliable and easily understandable information with regard to its work . ### the agency shall communicate on its own initiative in the fields within its mission . it shall make public the annual activity report referred to in article 61 and ensure in particular that the public and any interested party are rapidly given objective , detailed , reliable and easily understandable information with regard to its work without revealing operational information which , if made public , would jeopardise attainment of the objective of operations .