### where non - market based curtailment or redispatching is used , it shall be subject to financial compensation by the system operator requesting the curtailment or redispatching to the owner of the curtailed or redispatched generation or demand facility . financial compensation shall at least be equal to the highest of the following elements : ### where non - market based curtailment or redispatching is used , it shall be subject to financial compensation by the system operator requesting the curtailment or redispatching to the owner of the curtailed or redispatched generation , energy storage or demand facility . financial compensation shall at least be equal to the highest of the following elements :


### the decisions and recommendations issued and the outcome achieved ; ### the decisions by transmission system operators where they have deviated from the recommendations issued by the regional cooperation centres ;


### charges applied by network operators for access to networks , including charges for connection to the networks , charges for use of networks , and , where applicable , charges for related network reinforcements , shall be transparent , take into account the need for network security and flexibility and reflect actual costs incurred insofar as they correspond to those of an efficient and structurally comparable network operator and are applied in a non - discriminatory manner . in particular , they shall be applied in a way which does not discriminate between production connected at the distribution level and production connected at the transmission level , either positively or negatively . they shall not discriminate against energy storage and shall not create disincentives for participation in demand response . without prejudice to paragraph 3 , those charges shall not be distance - related . ### charges applied by network operators for access to networks , including charges for connection to the networks , charges for use of networks , and , where applicable , charges for related network reinforcements , &#160 ; shall be transparent , take into account the need for network security and flexibility&#160 ; and reflect&#160 ; actual costs&#160 ; incurred insofar as they correspond to those of an efficient and structurally comparable network operator and are applied in a non - discriminatory manner . in particular , they shall be applied in a way which does not discriminate between production connected at the distribution level and production connected at the transmission level , either positively or negatively . they shall not discriminate against energy storage and shall not create disincentives for participation in demand response or for self - generation production . &#160 ; without prejudice to paragraph 3 , &#160 ; those charges shall not be distance - related .


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


### member states shall publish a timeline for adopting measures to eliminate any identified regulatory distortions . when addressing resource adequacy concerns member states shall in particular consider removing regulatory distortions , enabling scarcity pricing , developing interconnection , energy storage , demand side measures and energy efficiency . ### member states shall publish a timeline for adopting measures to eliminate any identified regulatory distortions . when addressing resource adequacy concerns member states shall in particular consider removing regulatory distortions , enabling scarcity pricing , developing interconnection , energy storage , demand side measures , self - generation and energy efficiency .


### regional operational centres shall provide transmission system operators of the system operation region with all the information necessary to implement the decisions and recommendations proposed by the regional operational centres . ### regional coordination centres shall provide transmission system operators of the system operation region with all the information necessary to ensure the system stability and the security of supply .


### development of demand response ; ### development of demand response and energy storage ;


### in order to ensure an optimal bidding zone definition in closely interconnected areas , a bidding zone review shall be carried out . that review shall include analysis of the configuration of bidding zones in a coordinated manner with the involvement of affected stakeholders from all affected member states , following the process in accordance with articles 32 to 34 of regulation 2015 / 1222 . the agency shall approve and may request amendments to the methodology and assumptions that will be used in the bidding zone review process as well as the alternative bidding zone configurations considered . ### in order to ensure an optimal bidding zone definition in closely interconnected areas , a bidding zone review shall be carried out . that review shall include analysis of the configuration of bidding zones in a coordinated manner with the involvement of affected stakeholders from all affected member states , following the process in accordance with articles 32 to 34 of regulation 2015 / 1222 . the agency shall approve and may request amendments to the methodology and assumptions that will be used in the bidding zone review process .


### charges applied by network operators for access to networks , including charges for connection to the networks , charges for use of networks , and , where applicable , charges for related network reinforcements , shall be transparent , take into account the need for network security and flexibility and reflect actual costs incurred insofar as they correspond to those of an efficient and structurally comparable network operator and are applied in a non - discriminatory manner . in particular , they shall be applied in a way which does not discriminate between production connected at the distribution level and production connected at the transmission level , either positively or negatively . they shall not discriminate against energy storage and shall not create disincentives for participation in demand response . without prejudice to paragraph 3 , those charges shall not be distance - related . ### charges applied by network operators for access to networks , including charges for connection to the networks , charges for use of networks , and , where applicable , charges for related network reinforcements , shall be transparent , take into account the need for network security and flexibility and reflect actual costs incurred insofar as they correspond to those of an efficient and structurally comparable network operator and are applied in a non - discriminatory manner . grid tariffs should not include unrelated costs supporting other policy objectives , such as taxes or levies , as this would distort production , consumption and investment decisions . in particular , they shall be applied in a way which does not discriminate between production connected at the distribution level and production connected at the transmission level , either positively or negatively . they shall not discriminate against energy storage and shall not create disincentives for participation in demand response . without prejudice to paragraph 3 , those charges shall not be distance - related .


### where a member state wishes to implement a capacity mechanism , it shall consult on the proposed mechanism at least with its electrically connected neighbouring member states . ### in addition to the requirements laid down in paragraph 1 , strategic reserves shall : be dispatched only if day - ahead and intraday markets have failed to clear and transmission system operators have exhausted their balancing resources to establish an equilibrium between demand and supply ; ensure that during periods where strategic reserves were dispatched , imbalances are settled at the technical price limit applied by the market operators pursuant to article 9 or at the value of lost load , whatever is higher .


### ' strategic reserve ' means a capacity mechanism in which resources are only dispatched in case day - ahead and intraday markets have failed to clear , transmission system operators have exhausted their balancing resources to establish an equilibrium between demand and supply , and imbalances in the market during periods where the reserves were dispatched are settled at the value of lost load ; ### ' strategic reserve ' means a capacity mechanism in which resources are only dispatched in case day - ahead and intraday markets have failed to clear , transmission system operators have exhausted their balancing resources to establish an equilibrium between demand and supply , and imbalances in the market during periods where the reserves were dispatched are settled at technical price limits or at the value of lost load ;


### regional operational centres shall set up and manage their organisation according to a structure that supports the safety of their functions . their organisational structure shall specify : ### the transmission system operators of a system operation region shall set up the organisational structure of regional coordination centres . their organisational structure shall specify :


### charges applied by network operators for access to networks , including charges for connection to the networks , charges for use of networks , and , where applicable , charges for related network reinforcements , shall be transparent , take into account the need for network security and flexibility and reflect actual costs incurred insofar as they correspond to those of an efficient and structurally comparable network operator and are applied in a non - discriminatory manner . in particular , they shall be applied in a way which does not discriminate between production connected at the distribution level and production connected at the transmission level , either positively or negatively . they shall not discriminate against energy storage and shall not create disincentives for participation in demand response . without prejudice to paragraph 3 , those charges shall not be distance - related . ### charges applied by network operators for access to networks , including charges for connection to the networks , charges for use of networks , and , where applicable , charges for related network reinforcements , &#160 ; shall be transparent , take into account the need for network security and flexibility&#160 ; and reflect&#160 ; actual costs&#160 ; incurred insofar as they correspond to those of an efficient and structurally comparable network operator and are applied in a non - discriminatory manner . in particular , they shall be applied in a way which does not discriminate between production connected at the distribution level and production connected at the transmission level , either positively or negatively . they shall not discriminate against energy storage and aggregation and shall not create disincentives for self - generation , self - consumption and for participation in demand response . &#160 ; without prejudice to paragraph 3 , &#160 ; those charges shall not be distance - related .


### setting the basis for an efficient achievement of the objectives of the european energy union and in particular the climate and energy framework for 203030 by enabling market signals to be delivered for increased flexibility , decarbonisation and innovation ; _________________ 30 com / 2014 / 015 final . ### setting the basis for an efficient achievement of the objectives of the european energy union and in particular the climate and energy framework for 203030 by enabling market signals to be delivered for increased flexibility , energy efficiency and innovation , also taking account of the role of interconnectors and the growing share of renewables for the transition to a sustainable energy system ; _________________ 30 com / 2014 / 015 final .


### the procurement of balancing capacity shall be facilitated on a regional level in accordance with point 8 of annex i . the procurement shall be based on a primary market and organised in such a way as to be non - discriminatory between market participants in the prequalification process individually or through aggregation . ### the procurement of balancing capacity including energy storage shall be facilitated on a regional level in accordance with point 8 of annex i . the procurement shall be based on a primary market and organised in such a way as to be non - discriminatory between market participants in the prequalification process individually or through aggregation .


### the transmission system operators participating in the bidding zone review shall submit a proposal to the commission regarding whether to amend or maintain the bidding zone configuration . based on that proposal , the commission shall adopt a decision whether to amend or maintain the bidding zone configuration , [ no later than 6 months after entry into force of this regulation , specific date to be inserted by op ] or by six months after the conclusion of the bidding zone configuration launched in accordance with points , or of article 32 of regulation 2015 / 1222 , whichever comes later . ### the transmission system operators participating in the bidding zone review shall submit a proposal to the relevant member states whether to amend or maintain the bidding zone configuration . the relevant member states are those participating in the review pursuant to article 32 of regulation 2015 / 1222 and those in the same capacity calculation region pursuant to regulation 2015 / 1222 . based on the proposal , the relevant member states shall come to a unanimous decision within six months on whether to amend or maintain the bidding zone configuration . other member states or third countries may submit comments . the decision shall be reasoned , in accordance with relevant union law and shall take account of the observations of other member states and third countries , as well as of commitments on addressing existing congestion made by the relevant member states . the relevant member states shall notify the commission and the agency of their decision and any cross - border agreements entered into by the member states , the national regulatory authorities or the transmission system operators for the purpose of achieving consensus . agreements entered into by the relevant member states shall not deviate from coordinated capacity calculation processes as set out in article 14 nor from the relevant provisions of regulation 2015 / 1222 .


### transmission system operators shall clearly establish beforehand how any congestion income will be used , and report on the actual use of that income . on an annual basis , and by 31 july each year , the national regulatory authorities shall publish a report setting out the amount of revenue collected for the 12 - month period ending on 30 june of the same year and how that revenue was used , including the specific projects the income has been used for or the amount placed on a separate account line , together with verification that that use complies with this regulation and the methodology developed pursuant to paragraph 3 . ### transmission system operators shall clearly establish beforehand how any congestion income will be used , and report on the actual use of that income . on an annual basis , and by 31 july each year , the national regulatory authorities shall publish a report setting out the amount of revenue collected for the 12 - month period ending on 30 june of the same year and how that revenue was used , including the specific projects the income has been used for the amount placed on a separate account line , or the amount that has been used when calculating network tariffs , together with verification that that use complies with this regulation . in such cases where some of the congestion revenues are used when calculating network tariffs , the report may set out the fulfilment by the tso of the commitment and balance sheet criteria pursuant to paragraph 2 .


### regional operational centres shall submit an annual report concerning their performance to entso for electricity , the agency , the regulatory authorities of the system operation region and the electricity coordination group established pursuant to article 1 of commission decision 2012 / c 353 / 0237 . __________________ 37 commission decision of 15 november 2012 setting up the electricity coordination group . ### regional coordination centres shall submit an annual report containing relevant monitoring data pursuant to paragraph 1 and information on their performance to entso for electricity , the agency , the regulatory authorities of the system operation region and the electricity coordination group established pursuant to article 1 of commission decision 2012 / c 353 / 02 __________________ 37 commission decision of 15 november 2012 setting up the electricity coordination group .


### market rules shall allow for entry and exit of electricity generation and electricity supply undertakings based on their assessment of the economic and financial viability of their operations ; ### market rules shall allow for entry and exit of electricity generation , energy storage and electricity supply undertakings based on their assessment of the economic and financial viability of their operations ;


### marginal pricing shall be used for the settlement of balancing energy . market participants shall be allowed to bid as close to real time as possible , and at least after the intraday cross - zonal gate closure time determined in accordance with article 59 of commission regulation 2015 / 122234 . _________________ 34 commission regulation 2015 / 1222 of 24 july 2015 establishing a guideline on capacity allocation and congestion management . ### the settlement of balancing energy shall be based on marginal pricing . market participants shall be allowed to bid as close to real time as possible , and at least until the relevant intraday cross - zonal gate closure time determined in accordance with article 59 of commission regulation 2015 / 122234 . _________________ 34 commission regulation 2015 / 1222 of 24 july 2015 establishing a guideline on capacity allocation and congestion management .


### the responsible system operators shall report at least once per year to the competent regulatory authority on curtailment or downward redispatching of generating installations using renewable energy sources or high - efficiency cogeneration and on measures taken to reduce the need for such curtailment or downward redispatching in the future . curtailment or redispatching of generating installations using renewable energy sources or high - efficiency cogeneration shall be subject to compensation pursuant to paragraph 6 . ### the responsible system operators shall report at least once per year to the competent regulatory authority on curtailment or downward redispatching of generating , energy storage or demand - response installations using renewable energy sources or high - efficiency cogeneration and on measures taken to reduce the need for such curtailment or downward redispatching in the future . curtailment or redispatching of generating installations using renewable energy sources , energy storage , demand - response or high - efficiency cogeneration shall be subject to compensation pursuant to paragraph 6 .


### transmission system operators shall publish close to real - time information on the current balancing state of their control areas , the imbalance price and the balancing energy price . ### transmission system operators shall publish close to real - time information on the current balancing state of their control areas , the estimated imbalance price and the estimated balancing energy price .


### member states shall publish a timeline for adopting measures to eliminate any identified regulatory distortions . when addressing resource adequacy concerns member states shall in particular consider removing regulatory distortions , enabling scarcity pricing , developing interconnection , energy storage , demand side measures and energy efficiency . ### member states with identified adequacy concerns shall publish an implementation plan with a timeline for adopting measures to eliminate any identified regulatory distortions . when addressing resource adequacy concerns member states shall comply with article 3 , and shall , in particular : remove regulatory distortions ; remove unnecessary price caps ; introduce an administrative shortage pricing function as referred to in article 44 of [ the commission regulation establishing a guideline on electricity balancing ] ; increase interconnection capacity ; develop demand - side measures ; ensure efficient delineation of bidding zones reflecting transmission constraints ; ensure efficient market - based balancing and ancillary services ; remove regulated prices .


### maintaining or increasing interconnection capacities through network investments , in particular in new interconnectors . ### maintaining or increasing interconnection capacities through coordinated remedial actions and / or network investments up to the target value for transfer capacity at each cross - border boundary .


### 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 :


### when applying capacity mechanisms member states shall have a reliability standard in place indicating their desired level of security of supply in a transparent manner . ### member states shall have a reliability standard in place indicating their desired level of security of supply in a transparent manner .


### charges applied by network operators for access to networks , including charges for connection to the networks , charges for use of networks , and , where applicable , charges for related network reinforcements , shall be transparent , take into account the need for network security and flexibility and reflect actual costs incurred insofar as they correspond to those of an efficient and structurally comparable network operator and are applied in a non - discriminatory manner . in particular , they shall be applied in a way which does not discriminate between production connected at the distribution level and production connected at the transmission level , either positively or negatively . they shall not discriminate against energy storage and shall not create disincentives for participation in demand response . without prejudice to paragraph 3 , those charges shall not be distance - related . ### charges applied by network operators for access to networks , including charges for connection to the networks , charges for use of networks , and , where applicable , charges for related network reinforcements , shall be transparent , take into account the need for network security and flexibility and reflect actual costs incurred insofar as they correspond to those of an efficient and structurally comparable network operator and are applied in a non - discriminatory manner . grid tariffs should not include unrelated costs supporting other policy objectives , such as taxes and levies , as this would cause distortions in decision on production , consumption and investment . they shall not discriminate against energy storage , particularly not double charging energy storage and shall not create disincentives for participation in demand response . without prejudice to paragraph 3 , those charges shall not be distance - related .


### subject to compliance with treaty rules on competition , market operators shall be free to develop forward hedging products including for the long - term to provide market participants , in particular owners of generation facilities using renewable energy sources , with appropriate possibilities to hedge financial risks from price fluctuations . member states shall not restrict such hedging activity to trades within a member state or bidding zone . ### subject to compliance with treaty rules on competition , market operators shall be free to develop forward hedging products including for the long - term to provide market participants , in particular owners of generation facilities using renewable energy sources , with appropriate possibilities to hedge financial risks from price fluctuations . member states shall not restrict such hedging activity to trades within a member state or bidding zone . in case of scarce liquidity in forward markets , in order to achieve decarbonisation and security of supply , member state may introduce specific measures for developing long - term contracts .


### the commission may add other functions to the regional operational centres , not involving decision making power , pursuant to chapter vii of this regulation . ### each regional coordination centre shall aim to develop the following functions : coordination and optimisation of regional restoration ; post - operation and post - disturbance analysis and reporting ; facilitation of the regional dimension of capacity reserves ; facilitation of the regional procurement of balancing capacity ; optimisation of compensation mechanisms between transmission system operators ; training and certification ; identification of regional crisis scenarios according to article [ 6 ] of regulation . . . / . . . [ regulation on risk preparedness , com 862 ] if this task is delegated by entso for electricity ; tasks related to the identification of regional crisis scenarios if and to the extent they are delegated to the regional coordination centres pursuant to article [ 6 ] of regulation . . . / . . . [ regulation on risk preparedness , com 862 ] ; tasks related to the seasonal adequacy outlooks if and to the extent they are delegated to the regional operational centres pursuant to article [ 9 ] of regulation . . . / . . . [ regulation on risk preparedness , com 862 ] ;


### there shall be no maximum limit of the wholesale electricity price unless it is set at the value of lost load as determined in accordance with article 10 . there shall be no minimum limit of the wholesale electricity price unless it is set at a value of minus 2000 &#8364 ; or less and , in the event that it is or anticipated to be reached , set at a lower value for the following day . this provision shall apply , inter alia , to bidding and clearing in all timeframes and include balancing energy and imbalance prices . ### there shall be no maximum and no minimum limit of the wholesale electricity price . this provision shall apply , inter alia , to bidding and clearing in all timeframes and include balancing energy and imbalance prices .


### the authority , duties and responsibilities of the management personnel ; ### the authority , duties and responsibilities of the personnel ;


### setting fundamental principles for well - functioning , integrated electricity markets , which allow non - discriminatory market access for all resource providers and electricity customers , empower consumers , enable demand response and energy efficiency , facilitate aggregation of distributed demand and supply , and contribute to the decarbonisation of the economy by enabling market integration and market - based remuneration of electricity generated from renewable sources ; ### setting fundamental principles for well - functioning , integrated electricity markets , which allow non - discriminatory market access for all resource providers and electricity customers , empower consumers , enable demand response and energy efficiency , facilitate aggregation of distributed demand and supply , recognizing energy storage as a separate asset class besides generation , distribution / transmission and consumption as well as contribute to the achievement of a cost - efficient low - carbon economy by enabling market integration and market - based remuneration of electricity generated from renewable sources ;


### regional operational centres shall develop a procedure to organise , in the exercise of their daily operational duties and tasks , the appropriate and regular consultation of transmission system operators and of relevant stakeholders . in order to ensure that regulatory issues can be addressed , regulatory authorities shall be involved when required . ### regional coordination centres shall develop a procedure to organise , in the exercise of their daily duties and tasks , the appropriate and regular consultation of transmission system operators and of relevant stakeholders . in order to ensure that regulatory issues can be addressed , regulatory authorities shall be involved when required .


### by 1 january 2025 , the imbalance settlement period shall be 15 minutes in all control areas . ### by 1 january 2025 , the imbalance settlement period shall be 15 minutes in all control areas . the relevant regulatory authority may issue a derogation . the derogation may be for a maximum of 4 years .


### for the purposes of achieving the goals set in paragraphs 1 and 2 of this article , the geographical area covered by each regional cooperation structure may be defined by the commission , taking into account existing regional cooperation structures . each member state shall be allowed to promote cooperation in more than one geographical area . the commission is empowered to adopt delegated acts in accordance with article 63 concerning the geographical area covered by each regional cooperation structure . for that purpose , the commission shall consult the agency and the entso for electricity . ### for the purposes of achieving the goals set in paragraphs 1 and 2 of this article , the geographical area covered by each regional cooperation structure may be defined by the commission , taking into account existing regional cooperation structures . each member state shall be allowed to promote cooperation in more than one geographical area .


### the tasks of the eu dso entity shall be the following : ### the main task of the eu dso entity shall be the participation in the elaboration of network codes pursuant to article 56 . other tasks may include the exchange of views and best practices on :


### 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 , energy storage , and / or demand response 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 energy storage and / or 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 , energy storage or demand facilities available in the area where suitable generation , energy storage 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 .


### outage planning coordination ; ### outage planning coordination in accordance with the procedures set out in article 80 of regulation . . . [ commission regulation establishing a guideline on electricity transmission system operation ] ;


### capacity mechanisms shall not create unnecessary market distortions and not limit cross - border trade . the amount of capacity committed in the mechanism shall not go beyond what is necessary to address the concern . ### in addition to the requirements laid down in paragraph 1 , mechanisms other than strategic reserves shall : be constructed so as to ensure that the price paid for availability automatically tends to zero when the level of capacity supplied is expected to be adequate to meet the level of capacity demanded ; remunerate the participating resources merely for their availability and ensure that the remuneration does not affect decisions of the capacity provider whether or not to generate ; ensure that capacity obligations are transferable between eligible capacity providers .


### in order to ensure an optimal bidding zone definition in closely interconnected areas , a bidding zone review shall be carried out . that review shall include analysis of the configuration of bidding zones in a coordinated manner with the involvement of affected stakeholders from all affected member states , following the process in accordance with articles 32 to 34 of regulation 2015 / 1222 . the agency shall approve and may request amendments to the methodology and assumptions that will be used in the bidding zone review process as well as the alternative bidding zone configurations considered . ### in order to ensure an optimal bidding zone definition in closely interconnected areas , a bidding zone review shall be carried out . that review shall include analysis of the configuration of bidding zones in a coordinated manner with the involvement of affected stakeholders from all affected member states , following the process in accordance with articles 32 to 34 of regulation 2015 / 1222 .


### regional operational centres shall develop a procedure for the adoption of decisions and recommendations . ### the transmission system operators of a system operation region shall develop a procedure for the adoption and revision of recommendations put forward by regional coordination centres in accordance with the criteria set out in paragraphs 2 and 3 .


### 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 proposals under paragraphs 2 and 5 , the scenarios and assumptions on which they are based , and the results of the european resource adequacy assessment under paragraph 3 shall be subject to prior consultation of all affected stakeholders and approval by the agency under the procedure set out in article 22 .


### member states shall publish a timeline for adopting measures to eliminate any identified regulatory distortions . when addressing resource adequacy concerns member states shall in particular consider removing regulatory distortions , enabling scarcity pricing , developing interconnection , energy storage , demand side measures and energy efficiency . ### member states with identified adequacy concerns shall publish an implementation plan with a timeline for adopting measures to eliminate any identified regulatory distortions . when addressing resource adequacy concerns member states shall comply with article 3 , and shall , in particular : remove regulatory distortions ; remove unnecessary price caps ; introduce an administrative shortage pricing function as referred to in article 44 of [ the commission regulation establishing a guideline on electricity balancing ] ; increase interconnection capacity ; develop demand - side measures ; ensure efficient delineation of bidding zones reflecting transmission constraints ; ensure efficient market - based balancing and ancillary services ; remove regulated prices .


### transmission system operators shall clearly establish beforehand how any congestion income will be used , and report on the actual use of that income . on an annual basis , and by 31 july each year , the national regulatory authorities shall publish a report setting out the amount of revenue collected for the 12 - month period ending on 30 june of the same year and how that revenue was used , including the specific projects the income has been used for or the amount placed on a separate account line , together with verification that that use complies with this regulation and the methodology developed pursuant to paragraph 3 . ### transmission system operators shall clearly establish beforehand how any congestion income will be used , and report on the actual use of that income . on an annual basis , and by 31 july each year , the national regulatory authorities shall publish a report setting out the amount of revenue collected for the 12 - month period ending on 30 june of the same year and how that revenue was used , including the specific projects the income has been used for the amount placed on a separate account line , or the amount that has been used when calculating network tariffs , together with verification that that use complies with this regulation . in such cases where some of the congestion revenues are used when calculating network tariffs , the report may set out the fulfilment by the tso of the commitment and balance sheet criteria pursuant to paragraph 2 .


### regional operational centres should carry out functions where their regionalisation brings added value compared to functions performed at national level . the functions of regional operational centres should cover the functions carried out by regional security coordinators as well as additional system operation , market operation and risk preparedness functions . the functions carried out by regional operational centres should exclude real time operation of the electricity system . ### regional coordination centres should carry out functions where their regionalisation brings added value compared to functions performed at national level . the functions of regional coordination centres should cover the functions carried out by regional security coordinators as well as additional ones of regional importance . the functions carried out by regional coordination centres should exclude real time operation of the electricity system .


### regional operational centres shall set up and manage their organisation according to a structure that supports the safety of their functions . their organisational structure shall specify : ### the transmission system operators of a system operation region shall set up the organisational structure of regional coordination centres . their organisational structure shall specify :


### ' strategic reserve ' means a capacity mechanism in which resources are only dispatched in case day - ahead and intraday markets have failed to clear , transmission system operators have exhausted their balancing resources to establish an equilibrium between demand and supply , and imbalances in the market during periods where the reserves were dispatched are settled at the value of lost load ; ### ' strategic reserve ' means a capacity mechanism in which resources are held outside the market and are only dispatched in case day - ahead markets have failed to clear , transmission system operators have exhausted their balancing resources to establish an equilibrium between demand and supply , and imbalances in the market during periods where the reserves were dispatched are settled at the value of lost load ;


### 2 . regional operational centres shall prepare and carry out yearly crisis simulation in cooperation with competent authorities according to article 12 of [ risk preparedness regulation as proposed by com 862 ] . ### 2 . if entso - e delegates this function , regional operational centres shall prepare and carry out yearly crisis simulation in cooperation with competent authorities according to article 12 of [ risk preparedness regulation as proposed by com 862 ] .


### setting the basis for an efficient achievement of the objectives of the european energy union and in particular the climate and energy framework for 203030 by enabling market signals to be delivered for increased flexibility , decarbonisation and innovation ; __________________ 30 com / 2014 / 015 final . ### setting the basis for an efficient achievement of the objectives of the european energy union and in particular the climate and energy framework for 203030 by enabling market signals to be delivered for increased investment in flexibility , decarbonisation and innovation ; __________________ 30 com / 2014 / 015 final .


### marginal pricing shall be used for the settlement of balancing energy . market participants shall be allowed to bid as close to real time as possible , and at least after the intraday cross - zonal gate closure time determined in accordance with article 59 of commission regulation 2015 / 122234 . _________________ 34 commission regulation 2015 / 1222 of 24 july 2015 establishing a guideline on capacity allocation and congestion management . ### the settlement of balancing energy shall be based on marginal pricing . market participants shall be allowed to bid as close to real time as possible , and at least until the relevant intraday cross - zonal gate closure time determined in accordance with article 59 of commission regulation 2015 / 122234 . _________________ 34 commission regulation 2015 / 1222 of 24 july 2015 establishing a guideline on capacity allocation and congestion management .


### market rules shall deliver appropriate investment incentives for generation , storage , energy efficiency and demand response to meet market needs and thus ensure security of supply ; ### market rules shall encourage free price formation to deliver appropriate investment incentives for generation , storage , energy efficiency , demand response and facilitate fair competition and thus ensure security of supply ;


### there shall be no maximum limit of the wholesale electricity price unless it is set at the value of lost load as determined in accordance with article 10 . there shall be no minimum limit of the wholesale electricity price unless it is set at a value of minus 2000 &#8364 ; or less and , in the event that it is or anticipated to be reached , set at a lower value for the following day . this provision shall apply , inter alia , to bidding and clearing in all timeframes and include balancing energy and imbalance prices . ### there shall be no maximum and no minimum limit of the wholesale electricity price . this provision shall apply , inter alia , to bidding and clearing in all timeframes and include balancing energy and imbalance prices .


### 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 or demand facilities 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 for operational security reasons and where no market - based alternative is available or where all available market - based resources have been used . 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 .


### regulatory authorities shall provide incentives to distribution system operators to procure services for the operation and development of their networks and integrate innovative solutions in the distribution systems . for that purpose regulatory authorities shall recognise as eligible and include all relevant costs in distribution tariffs and introduce performance targets in order to incentivise distribution system operators to raise efficiencies , including energy efficiency , in their networks . ### member states shall provide incentives to distribution system operators to procure services for the operation and development of their networks and integrate innovative solutions in the distribution systems . for that purpose member states shall recognise as eligible and include all relevant costs in distribution tariffs and introduce performance targets in order to incentivise distribution system operators to raise efficiencies , including energy efficiency , in their networks .


### 90 % of the net revenues from the sale of electricity on the day - ahead market that the generating or demand facility would have generated without the curtailment or redispatching request . where financial support is granted to generating or demand facilities based on the electricity volume generated or consumed , lost financial support shall be deemed part of the net revenues . ### 90 % of the net revenues from the sale of electricity on the day - ahead market that the generating , energy storage or demand facility would have generated without the curtailment or redispatching request . where financial support is granted to generating or demand facilities based on the electricity volume generated , stored or consumed , lost financial support shall be deemed part of the net revenues .


### short - term markets will improve liquidity and competition by enabling more resources to participate fully in the market , especially those that are more flexible . effective scarcity pricing will encourage market participants to be available when the market most needs it and ensures that they can recover their costs in the wholesale market . it is therefore critical to ensure that , as far as possible , administrative and implicit price caps are removed to allow scarcity prices to increase up to the value of lost load . when fully embedded in the market structure , short - term markets and scarcity pricing will contribute to the removal of other measures , such as capacity mechanisms , to ensure security of supply . at the same time , scarcity pricing without price caps on the wholesale market should not jeopardize the possibility for reliable and stable prices for final customers , in particular households and smes . ### short - term markets will improve liquidity and competition by enabling more resources to participate fully in the market , especially those that are more flexible . effective scarcity pricing will encourage market participants to be available when the market most needs it and ensures that they can recover their costs in the wholesale market . it is therefore critical to ensure that administrative and implicit price caps are removed to allow scarcity pricing . when fully embedded in the market structure , short - term markets and scarcity pricing will contribute to the removal of other measures , such as capacity mechanisms and other subsidies , to ensure security of supply . at the same time , scarcity pricing without price caps on the wholesale market should not jeopardize the possibility for reliable and stable prices for final customers , in particular households and smes .


### 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 .


### regional operational centres shall adopt recommendations addressed to the transmission system operators for the functions referred to in points to and to of article 34 . ### as regards the recommendations for the functions referred to in points and article 34 , transmission system operators shall deviate only in cases when the safety of the system would be negatively affected .


### the entso for electricity shall report to the agency on shortcomings identified regarding the establishment and performance of regional operational centres . ### the entso for electricity shall report to the agency on shortcomings identified regarding the establishment and performance of regional coordination centres .


### each bidding zone should be equal to an imbalance price area . ### the imbalance price area shall be equal to the bidding zone in case of self - dispatching model , while it may constitute a part of the bidding zone in case of central dispatch model .


### 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 .


### 1 . if entso for electricity delegates this function , regional operational centres shall identify regional crisis scenarios in accordance with the criteria set out in article 6 of [ risk preparedness regulation as proposed by com 862 ] ### 1 . if entso - e delegates this function , regional operational centres shall identify regional crisis scenarios in accordance with the criteria set out in article 6 of [ risk preparedness regulation as proposed by com 862 ]


### 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 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 assisting member states in humanitarian emergencies and rescue at sea in accordance with international law ;


### 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 . for the adoption of such measures , given the sovereignty related aspects and their politically sensitive nature which touch on national executive and enforcement powers , implementing powers should be conferred on the council , which should act on a proposal from the commission . the member state concerned should be required 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 council decision , and an operational plan should be drawn up with the member state concerned .


### the european border and coast guard shall implement the european integrated border management as a shared responsibility of the european border and coast guard agency and of the national authorities responsible for border management , including coast guards to the extent that they carry out border control tasks . ### the european border and coast guard shall implement the european integrated external border management as a responsibility the national authorities responsible for border management , including coast guards to the extent that they carry out border control tasks , together with the european border and coast guard agency .


### the agency shall ensure regular monitoring of the management of the external borders through liaison officers of the agency in member states . ### the agency shall ensure regular monitoring of the management of the external borders through liaison officers of the agency in all member states with an external land or sea border .


### the modalities of the cooperation on coast guard functions of the european border and coast guard agency with the european fisheries control agency and the european maritime safety agency shall be determined in a working arrangement , in accordance with the financial rules applicable to the agencies . ### the modalities of the cooperation on coast guard functions of the european border and coast guard agency with the european fisheries control agency and the european maritime safety agency shall be determined in a working arrangement , in accordance with their respective mandates and the financial rules applicable to the agencies .


### where a member state does not take the necessary corrective measures in accordance with a decision of the management board referred to in article 12 or in the event of disproportionate migratory pressure at the external border , rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the schengen area , the commission , after consulting the agency , may adopt a decision by means of an implementing act , identifying the measures to be implemented by the agency and requiring the member state concerned to cooperate with the agency in the implementation of those measures . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 79 . ### where a member state does not take the necessary corrective measures in accordance with a decision of the management board referred to in article 12 or in the event of disproportionate migratory pressure at the external border , rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the schengen area as an area without internal border control , the commission , after consulting the agency , may present to the council a proposal for an implementing decision , identifying the measures to be implemented by the agency and requiring the member state concerned to cooperate with the agency in the implementation of those measures . that implementing decision shall be adopted by the council with a qualified majority vote .


### where a member state does not take the necessary corrective measures in accordance with a decision of the management board referred to in article 12 or in the event of disproportionate migratory pressure at the external border , rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the schengen area , the commission , after consulting the agency , may adopt a decision by means of an implementing act , identifying the measures to be implemented by the agency and requiring the member state concerned to cooperate with the agency in the implementation of those measures . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 79 . on duly justified imperative grounds of urgency relating to the functioning of the schengen area , the commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in article 79 . ### where a member state does not take the necessary corrective measures in accordance with a decision of the management board referred to in article 12 or in the event of disproportionate migratory pressure at the external border , rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the schengen area as an area without internal border control , the commission , after consulting the agency , may present to the council a proposal for a decision by means of an implementing act , identifying the measures to be implemented by the agency and requiring the member state concerned to cooperate with the agency in the implementation of those measures . such decisions shall be adopted by the council with a qualified majority vote . the council shall meet immediately following receipt of the commission proposal .


### 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 , the protection of fundamental rights , return , irregular secondary movements of third - country nationals within the union , the prevention of cross - border crime , trafficking in human being and terrorism , as well as the situation in neighbouring third countries and countries of origin and transit for irregular migration with a view to developing a pre - warning mechanism which analyses the migratory flows towards the union and the respect for fundamental rights .


### 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 .


### the european border and coast guard agency shall establish an operational and technical strategy for the european integrated border management . it shall promote and ensure the implementation of european integrated border management in all member states . ### the european border and coast guard agency , by decision of the management board , shall establish , an operational and technical strategy for the european integrated border management , taking into account , where justified , the specific situation of the member states , in particular their geographical location and possible defence implications . this strategy shall be in line with article 4 of this regulation . it shall promote and support the implementation of european integrated border management in all member states .


### 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 shall , in the performance of its tasks , take into account the special needs of children , in particular unaccompanied minors and children with disabilities , victims of trafficking in human beings , persons in need of medical assistance , persons in need of international protection , persons in distress at sea and other persons in a particularly vulnerable situation .


### 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 upcoming challenges , including irregular migration , present or future threats at the external borders 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 .


### the agency may engage in communication activities on its own initiative in the fields within its mandate . communication activities shall not be detrimental to the tasks referred to in paragraph 1 and shall be carried out in accordance with relevant communication and dissemination plans adopted by the management board . ### the agency shall engage in communication activities in the fields within its mandate . it shall provide the public with accurate and detailed information about its activities . communication activities shall not be detrimental to the tasks referred to in paragraph 1 , in particular by revealing operational information which , if made public , would jeopardise attainment of the objective of operations . communication activities shall be carried out in accordance with relevant communication and dissemination plans adopted by the management board .


### 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 .


### member states may continue cooperation at an operational level with other member states and / or third countries at external borders , including military operations on a law enforcement mission and in the field of return , where such cooperation is compatible with the action of the agency . member states shall refrain from any activity which could jeopardise the functioning of the agency or the attainment of its objectives . ### member states may continue cooperation at an operational level with other member states and / or third countries at external borders . member states shall refrain from any activity which could jeopardise the functioning of the agency or the attainment of its objectives .


### member states may continue cooperation at an operational level with other member states and / or third countries at external borders , including military operations on a law enforcement mission and in the field of return , where such cooperation is compatible with the action of the agency . member states shall refrain from any activity which could jeopardise the functioning of the agency or the attainment of its objectives . ### member states may continue cooperation at an operational level with other member states and / or third countries at external borders , including military operations , law enforcement missions and operations in the field of return , where such cooperation is compatible with the tasks of the agency . member states shall refrain from any activity which could jeopardise the functioning of the agency or the attainment of its objectives .


### in parallel and within the same two working days , the executive director shall submit a draft operational plan to the member state concerned . the executive director and the member state concerned shall draw up the operational plan within two working days from the date of its submission . ### the executive director and the member state concerned shall agree upon the operational plan within two working days from the date of submission of the draft .


### have unlimited access to the national coordination centre and the national situational picture established in accordance with regulation no 1052 / 2013 ; ### have access to the national situational picture established in accordance with regulation no 1052 / 2013 ;


### carry out a vulnerability assessment including the assessment of the capacity of member states to face threats and pressures at the external borders ; ### carry out a vulnerability assessment including the assessment of the capacity and preparedness of member states to face threats and pressures at the external borders , including disproportionate migratory pressures and security - related threats ;


### have unlimited access to the national coordination centre and the national situational picture established in accordance with regulation no 1052 / 2013 ; ### have access to the national coordination centre and the national situational picture established in accordance with regulation no 1052 / 2013


### coordinate activities for one or more member states and third countries at the external borders , including joint operations with neighbouring third countries ; ### coordinate activities for one or more member states and third countries at the external borders , including joint operations with neighbouring third countries subject to the agreement of the concerned member states ;


### the member state concerned shall comply with the commission decision and for that purpose it shall immediately cooperate with the agency and take the necessary action to facilitate the implementation of that decision and the practical execution of the measures set out in that decision and in the operational plan agreed upon with the executive director . ### the member state concerned shall comply with the council decision and for that purpose it shall immediately cooperate with the agency and take the necessary action to facilitate the implementation of that decision and the practical execution of the measures set out in that decision and in the operational plan agreed upon with the executive director .


### assist member states and third countries in the context of operational cooperation between them in the fields of external border management and return . ### assist member states and third countries in the context of their cooperation in the fields of external border management and return .


### in cases where there is a specific and disproportionate pressure at the external borders , the european border and coast guard agency should , at the request of a member state or on its own initiative , organise and coordinate rapid border interventions and deploy european border and coast guard teams from a rapid reserve pool as well as technical equipment . rapid border interventions should provide reinforcement in situations where immediate response is required and where such an intervention would provide an effective response . to ensure the effective operation of such intervention , member states should make border guards and other relevant staff available to the rapid reserve pool . ### in cases where there is a specific and disproportionate pressure at the external borders , the european border and coast guard agency should , at the request of a member state or on its own initiative , organise and coordinate rapid border interventions and deploy european border and coast guard teams from a rapid reaction pool as well as technical equipment . rapid border interventions should provide reinforcement in situations where immediate response is required and where such an intervention would provide an effective response . to ensure the effective operation of such intervention , member states should make border guards and other relevant staff available to the rapid reaction pool .


### a european border and coast guard is hereby set up to ensure a european integrated border management at the external borders with a view to managing migration effectively and ensuring a high level of internal security within the union , while safeguarding the free movement of persons therein . ### a european border and coast guard is hereby set up to ensure a european integrated border management at the external borders of the member states of the european union with a view to managing migration effectively and ensuring a high level of internal security within the entire union , while safeguarding the free movement of persons therein .


### 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 , which should amount to a minimum of 1 500 border guards . 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 .


### providing surveillance and communication services based on state - of - the - art technology , including space - based and ground infrastructure and sensors mounted on any kind of platform , such as remotely piloted aircraft systems ; ### providing surveillance and communication services based on state - of - the - art technology , including space - based and ground infrastructure and sensors mounted on any kind of platform ;


### 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 jeopardises the public order and internal security in the eu , 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 .


### the executive director shall be appointed by the management board on the grounds of merit and documented high - level administrative and management skills , as well as senior professional experience in the field of management of the external borders and return . the management board shall take its decision by a two - thirds majority of all members with a right to vote . power to dismiss the executive director shall lie with the management board , acting on a proposal from the commission , according to the same procedure . ### the executive director and the deputy executive director shall be appointed by the management board on the grounds of merit and documented high - level administrative and management skills , as well as senior professional experience in the field of management of the external borders and return . before appointment , the candidates selected by the commission shall be invited to appear before the competent committee of the european parliament and to answer questions put by its members . the committee shall then give its non - binding opinion . the management board shall take its decision by a two - thirds majority of all members with a right to vote . power to dismiss the executive director and the deputy executive director shall lie with the management board , acting on a proposal from the commission , according to the same procedure .


### on 8 october 2015 , the european council called for enlarging the mandate of the european agency for the management of operational cooperation at the external borders of the member states of the european union to assist member states in ensuring the effective return of illegally staying third - country nationals , including by organising return operations on its own initiative and enhancing its role regarding the acquisition of travel documents . for this purpose , the european council called for the establishment of a return office within the european border and coast guard agency which should be tasked with the coordination of the agency’s activities in the field of return . ### on 8 october 2015 , the european council called for enlarging the mandate of the european agency for the management of operational cooperation at the external borders of the member states of the european union to assist member states in ensuring the effective return of illegally staying third - country nationals , including by organising joint return operations on its own initiative and enhancing its role regarding the acquisition of travel documents . for this purpose , the european council called for the establishment of a return office within the european border and coast guard agency which should be tasked with the coordination of the agency’s activities in support of the member states in the field of return without commenting on the advisability of return decisions , which is a matter for the competent authorities or courts of the member states .


### in a spirit of shared responsibility , the role of the european border and coast guard agency should be to regularly monitor the management of the external borders . the agency should ensure proper and effective monitoring not only through risk analysis , information exchange and eurosur , but also through presence of experts from its own staff in member states . the agency should therefore be able to deploy liaison officers to specific member states for a period of time during which the liaison officer reports to the executive director . the report of the liaison officers should form part of the vulnerability assessment . ### undertaking a shared responsibility with the member states , the role of the european border and coast guard agency should be to regularly monitor the management of the eu external borders . the agency should ensure proper and effective monitoring not only through risk analysis , information exchange and eurosur , but also through the presence of experts from its own staff on the ground , in full cooperation with member states and respecting the rights of non - schengen countries . the agency should therefore be able to deploy liaison officers to specific member states for a period of time during which the liaison officer reports to the executive director . the report of the liaison officers should form part of the vulnerability assessment .


### the agency may also , with the agreement of the member states concerned invite observers from third countries to participate in its activities at the external borders referred to in article 13 , return operations referred to in article 27 , return interventions referred to in article 32 and training referred to in article 35 , to the extent that their presence is in accordance with the objectives of those activities , may contribute to improving cooperation and the exchange of best practices , and does not affect the overall safety of those activities . the participation of those observers may take place only with the agreement of the member states concerned regarding the activities referred to in articles 13 , 27 and 35 and only with the agreement of the host member state regarding those referred to in article 13 and 32 . detailed rules on the participation of observers shall be included in the operational plan . those observers shall receive the appropriate training from the agency prior to their participation . ### the agency may also , with the agreement of the member states concerned invite observers from third countries to participate in its activities at the external borders referred to in article 13 , return operations referred to in article 27 , return interventions referred to in article 32 and training referred to in article 35 , to the extent that their presence is in accordance with the objectives of those activities , may contribute to improving cooperation and the exchange of best practices , and does not affect the overall safety of those activities . the participation of those observers may take place only with the agreement of the member states concerned regarding the activities referred to in articles 13 , 18 , 27 and 35 and only with the agreement of the host member state regarding those referred to in article 13 and 32 . detailed rules on the participation of observers shall be included in the operational plan . those observers shall receive the appropriate training from the agency prior to their participation .


### where a member state does not take the necessary corrective measures in accordance with a decision of the management board referred to in article 12 or in the event of disproportionate migratory pressure at the external border , rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the schengen area , the commission , after consulting the agency , may adopt a decision by means of an implementing act , identifying the measures to be implemented by the agency and requiring the member state concerned to cooperate with the agency in the implementation of those measures . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 79 . ### where a member state does not take the necessary corrective measures in accordance with a decision of the management board referred to in article 12 or in the event of disproportionate migratory pressure at the external border for which it has not requested the agency ' s support , rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the schengen area , the council , on the basis of a proposal from the commission which has first consulted the agency , shall adopt as soon as possible a decision by means of an implementing act , identifying the measures to be implemented by the agency and requiring the member state concerned to cooperate with the agency in the implementation of those measures .


### 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 .


### 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 european border and coast guard agency should facilitate and encourage operational cooperation between member states and third countries in the framework of the external relations policy of the union , including by coordinating operational cooperation between member states and third countries in the field of management of external borders and by deploying liaison officers to third countries , as well as by cooperating with the authorities of third countries on return , including as regards the acquisition of travel documents . in their cooperation with third countries , the european border and coast guard agency and member states should comply with norms and standards at least equivalent to those set by union legislation also when the cooperation with third countries takes place on the territory of those countries . ### the european border and coast guard agency should facilitate and encourage operational cooperation between member states and third countries in the framework of the external relations policy of the union , including by coordinating operational cooperation between member states and third countries in the field of management of external borders and by deploying liaison officers to third countries , as well as by cooperating with the authorities of third countries on return , including as regards the acquisition of travel documents and the promotion of the european travel document for the return of third - country nationals who are illegally staying in the european union . in their cooperation with third countries , the european border and coast guard agency and member states should comply with norms and standards at least equivalent to those set by union legislation also when the cooperation with third countries takes place on the territory of those countries .


### the national authorities which are responsible for border management , including coast guards to the extent that they carry out border control tasks , shall provide the agency in a timely and accurate manner with all the information necessary for the agency to perform the tasks conferred on it by this regulation , in particular for the agency to monitor the migratory flows towards and within the union , to carry out risk analysis and to perform the vulnerability assessment . ### the national authorities which are responsible for border management , including coast guards to the extent that they carry out border control tasks , shall provide the agency in a timely and accurate manner with all the information necessary for the agency to perform the tasks conferred on it by this regulation , in particular for the agency to monitor the migratory flows towards and within the union , to carry out risk analysis as referred to in article 10 and to perform the vulnerability assessment as referred to in article 12 .


### 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 ;


### a european border and coast guard is hereby set up to ensure a european integrated border management at the external borders with a view to managing migration effectively and ensuring a high level of internal security within the union , while safeguarding the free movement of persons therein . ### a european border and coast guard is hereby set up to ensure a european integrated border management at the external borders with a view to reducing pressure at the eu’s external border , managing migration effectively and ensuring a high level of internal security within the union , while safeguarding the free movement of persons therein .


### on 8 october 2015 , the european council called for enlarging the mandate of the european agency for the management of operational cooperation at the external borders of the member states of the european union to assist member states in ensuring the effective return of illegally staying third - country nationals , including by organising return operations on its own initiative and enhancing its role regarding the acquisition of travel documents . for this purpose , the european council called for the establishment of a return office within the european border and coast guard agency which should be tasked with the coordination of the agency’s activities in the field of return . ### on 8 october 2015 , the european council called for enlarging the mandate of the european agency for the management of operational cooperation at the external borders of the member states of the european union to assist member states in ensuring the effective return of illegally staying third - country nationals , including by organising return operations and enhancing its role regarding the acquisition of travel documents . for this purpose , the european council called for the establishment of a return office within the european border and coast guard agency which should be tasked with the coordination of the agency’s activities in the field of return .


### in view of contributing to an efficient , high and uniform level of border control and return , the agency shall perform the following tasks : ### in view of contributing to an efficient , high and uniform level of border control and uniform application of international standards for returns , the agency shall perform the following tasks :


### the agency may engage in communication activities on its own initiative in the fields within its mandate . communication activities shall not be detrimental to the tasks referred to in paragraph 1 and shall be carried out in accordance with relevant communication and dissemination plans adopted by the management board . ### the agency shall engage in communication activities in the fields within its mandate . it shall provide the public with accurate and detailed information about its activities . communication activities shall not be detrimental to the tasks referred to in paragraph 1 , in particular by revealing operational information which , if made public , would jeopardise attainment of the objective of operations . communication activities shall be carried out in accordance with relevant communication and dissemination plans adopted by the management board .


### 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 .


### 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 european border and coast guard agency shall establish an operational and technical strategy for the european integrated border management . it shall promote and ensure the implementation of european integrated border management in all member states . ### the european border and coast guard agency shall establish , if its management board so decides , an operational and technical strategy for the european integrated border management . it shall promote and ensure the implementation of european integrated border management in all member states .


### the management board may establish a small - sized executive board composed of the chairperson of the management board , one representative of the commission and three members of the management board , to assist it and the executive director with regard to the preparation of the decisions , programmes and activities to be adopted by the management board and when necessary , because of urgency , to take certain provisional decisions on behalf of the management board . ### the management board may establish a small - sized executive board composed of the chairperson of the management board , one representative of the commission and three members of the management board , to assist it and the executive director with regard to the preparation of the decisions , programmes and activities to be adopted by the management board and when necessary , because of urgency , to take certain provisional decisions on behalf of the management board . the management board may provide for the delegation of certain clearly defined tasks to the executive board , in particular where this improves the efficiency of the agency .


### where a member state does not take the necessary corrective measures in accordance with a decision of the management board referred to in article 12 or in the event of disproportionate migratory pressure at the external border , rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the schengen area , the commission , after consulting the agency , may adopt a decision by means of an implementing act , identifying the measures to be implemented by the agency and requiring the member state concerned to cooperate with the agency in the implementation of those measures . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 79 . ### where a member state does not take the necessary corrective measures in accordance with a decision of the management board referred to in article 12 or in the event of disproportionate migratory pressure at the external border , rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the schengen area as an area without internal border control , the commission , after consulting the agency , may present to the council a proposal for an implementing decision , identifying the measures to be implemented by the agency and requiring the member state concerned to cooperate with the agency in the implementation of those measures . that implementing decision shall be adopted by the council with a qualified majority vote .


### 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 .


### where a member state does not take the necessary corrective measures in accordance with a decision of the management board referred to in article 12 or in the event of disproportionate migratory pressure at the external border , rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the schengen area , the commission , after consulting the agency , may adopt a decision by means of an implementing act , identifying the measures to be implemented by the agency and requiring the member state concerned to cooperate with the agency in the implementation of those measures . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 79 . on duly justified imperative grounds of urgency relating to the functioning of the schengen area , the commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in article 79 . ### where a member state does not take the necessary corrective measures in accordance with a decision of the management board referred to in article 12 or in the event of disproportionate migratory pressure at the external border , rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the schengen area as an area without internal border control , the commission , after consulting the agency , may present to the council a proposal for a decision by means of an implementing act , identifying the measures to be implemented by the agency and requiring the member state concerned to cooperate with the agency in the implementation of those measures . such decisions shall be adopted by the council with a qualified majority vote . the council shall meet immediately following receipt of the commission proposal .