### the executive director shall appoint experts from the staff of the agency to be deployed as liaison officers . the executive director shall , based on risk analysis and in consultation with the management board , determine the nature of the deployment , the member state to which a liaison officer may be deployed and the duration of the deployment . the executive director shall notify the member state concerned of the appointment and shall determine , together with the member state , the location of deployment . ### the executive director shall appoint experts from the staff of the agency to be deployed as liaison officers . the executive director shall in consultation with the management board , decide the nature of the deployment , the member state to which the liaison officer will be deployed and the duration of the deployment . the executive director shall notify the member state concerned of the appointment and shall determine , together with the member state , the location of deployment .


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


### 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 providing assistance to member states in organising return operations and enhancing its role regarding the acquisition of travel documents , in respect of fundamental rights . 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 .


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


### member states may request the agency for assistance in implementing their obligations with regard to the control of the external borders . the agency shall also carry out measures as referred to in article 18 . ### member states may request the agency for assistance in implementing their obligations with regard to the control of the external borders . the agency shall also , with the consent of the concerned member state , carry out measures as referred to in article 18 .


### for the purposes of paragraph 3 , the liaison officer shall , inter alia : ### for the purposes of paragraph 3 , the liaison officer shall :


### members of the teams shall wear their own uniform while performing their tasks and exercising their powers . they shall wear a blue armband with the insignia of the union and the agency on their uniforms , identifying them as participating in a joint operation , pilot project , rapid border intervention , return operation or return intervention . for the purposes of identification vis - à - vis the national authorities of the host member state , members of the teams shall , at all times , carry an accreditation document , which they shall present upon request . ### members of the teams shall wear their own uniform while performing their tasks and exercising their powers . they shall also wear visible personal identification and a blue armband with the insignia of the union and the agency on their uniforms , identifying them as participating in a joint operation , pilot project , rapid border intervention , return operation or return intervention . for the purposes of identification vis - à - vis the national authorities of the host member state , members of the teams shall , at all times , carry an accreditation document , which they shall present upon request .


### 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 .


### in case of a registered complaint concerning a staff member of the agency , the executive director shall ensure appropriate follow - up , including disciplinary measures as necessary . the executive director shall report back to the fundamental rights officer as to the findings and follow - up given by the agency to a complaint . ### in case of a registered complaint concerning a staff member of the agency , the executive director shall ensure appropriate follow - up , including disciplinary measures as necessary . the executive director shall report back to the fundamental rights officer as to the findings and follow - up given by the agency to a complaint within three months after having been forwarded the complaint .


### member states shall at least on a monthly basis inform the agency of their planned national return operations , as well as of their needs for assistance or coordination by the agency . the agency shall draw up a rolling operational plan to provide the requesting member states with the necessary operational reinforcement , including technical equipment . the agency may , on its own initiative , include in the rolling operational plan the dates and destinations of return operations it considers necessary , based on a needs assessment . the management board shall decide , on a proposal of the executive director , on the modus operandi of the rolling operational plan . ### member states shall at least on a monthly basis inform the agency of their planned national return operations , as well as of their needs for assistance or coordination by the agency . the agency shall draw up a rolling operational plan to provide the requesting member states with the necessary operational reinforcement , including technical equipment . the agency may , on its own initiative , or at the request of a member state , include in the rolling operational plan the dates and destinations of return operations it considers necessary , based on a needs assessment . the management board shall decide , on a proposal of the executive director , on the modus operandi of the rolling operational plan .


### 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 , the commission may propose a decision to be put to vote in council to exclude a member state from the schengen area for a limited time in order to protect the security of the union borders .


### 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 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 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 maritime border surveillance operations and any other border control tasks .


### 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 .


### a member state or other union agency providing personal data to the agency shall determine the purpose or the purposes for which it shall be processed as referred to in paragraph 1 . if it has not done so , the agency in consultation with the provider of personal data concerned shall process it in order to determine its necessity in relation to the purpose or the purposes as referred to in paragraph 1 for which it shall be further processed . the agency may process information for a different purpose than the one in paragraph 1 only if authorised by the data provider of the information . ### a member state or other union agency providing personal data to the agency shall determine the purpose or the purposes for which it shall be processed as referred to in paragraph 1 . if it has not done so , the agency in consultation with the provider of personal data concerned shall process it in order to determine its necessity in relation to the purpose or the purposes as referred to in paragraph 1 for which it shall be further processed .


### 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 ;


### 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 .


### 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 monitor the management of the external borders , if necessary , through liaison officers of the agency in member states .


### 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 .


### 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 threats to the public order and internal security of the eu including migratory flows towards and within the union , to carry out risk analysis and to perform the vulnerability assessment .


### 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 , the commission , after consulting the agency , and taking into account the schengen evaluation mechanism , may present to the council a proposal for a 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 . such decision shall be adopted by the council by qualified majority , immediately following the receipt of the commission proposal .


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


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


### the executive director shall appoint experts from the staff of the agency to be deployed as liaison officers . the executive director shall , based on risk analysis and in consultation with the management board , determine the nature of the deployment , the member state to which a liaison officer may be deployed and the duration of the deployment . the executive director shall notify the member state concerned of the appointment and shall determine , together with the member state , the location of deployment . ### the executive director shall appoint experts from the staff of the agency to be deployed as liaison officers . the executive director shall in consultation with the management board , decide the nature of the deployment , the member state to which the liaison officer will be deployed and the duration of the deployment . the executive director shall notify the member state concerned of the appointment and shall determine , together with the member state , the location of deployment .


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


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


### the agency shall , without delay and in any case within three working days from establishment of the operational plan , deploy the necessary technical equipment and staff from the rapid reserve pool referred to in article 19 for the practical execution of the measures set out in the commission decision . additional technical equipment and european border and coast guard teams shall be deployed as necessary at a second stage and in any case within five working days from the deployment of the rapid reserve pool . ### the agency shall , without delay and in any case within three working days from establishment of the operational plan , deploy the necessary technical equipment and staff from the rapid reserve pool referred to in article 19 for the practical execution of the measures set out in the council decision . additional technical equipment and european border and coast guard teams shall be deployed as necessary at a second stage and in any case within five working days from the deployment of the rapid reserve pool .


### 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 .


### 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 .


### 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 .


### coordinate the use of relevant it systems and provide support on consular cooperation for the identification of third - country nationals and the acquisition of travel documents , organise and coordinate return operations and provide support to voluntary departure ; ### coordinate the use of relevant it systems and provide support to the member states on consular cooperation for the identification of third - country nationals and the acquisition of travel documents , organise and coordinate return operations and provide support to voluntary departure ;


### provide operational support to member states subject to particular pressure on their return systems ; ### provide technical and operational support to member states subject to particular pressure on their return systems ;


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


### the 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 executive director together with the host member state shall draw up an operational plan as referred to in article 15 immediately and in any event no later than three working days from the date of the decision . ### the executive director together with the host member state shall draw up an operational plan as referred to in article 15 immediately and in any event no later than three working days from the date of the decision , by making use of existing plans and procedures ;


### the agency shall establish a monitoring and risk analysis centre with the capacity to monitor migratory flows towards and within the union . for this purpose , the agency shall develop a common integrated risk analysis model , which shall be applied by the agency and the member states . ### the agency shall establish a monitoring and risk analysis centre with the capacity to monitor migratory flows towards and within the union . for this purpose , the agency shall by a decision of the management board develop a common integrated risk analysis model , which shall be applied by the agency and as minimum by the member states .


### 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 .


### this regulation establishes a complaint mechanism for the european border and coast guard agency , in cooperation with the fundamental rights officer , to monitor and ensure the respect for fundamental rights in all the activities of the agency . this should be an administrative mechanism whereby the fundamental rights officer should be responsible for handling complaints received by the agency in accordance with the right to good administration . the fundamental rights officer should review the admissibility of a complaint , register admissible complaints , forward all registered complaints to the executive director , forward complaints concerning border guards to the home member state and register the follow - up by the agency or that member state . criminal investigations should be conducted by the member states . ### this regulation establishes a complaint mechanism for the european border and coast guard agency , in cooperation with the fundamental rights officer , to monitor and ensure the respect for fundamental rights in all the activities of the agency and its staff . this should be an effective and accessible administrative mechanism whereby the agency ' s fundamental rights officer participates in accordance with the right to good administration and is operationally independent . the fundamental rights officer should review the admissibility of a complaint , register and deal accordingly with all admissible complaints , forward all registered complaints to the executive director , forward complaints concerning border and coast guards to the home member state and register the follow - up by the agency or that member state . this data should be included in the annual report of the agency . criminal investigations should be conducted by the member states .


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


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


### the executive director shall appoint experts from the staff of the agency to be deployed as liaison officers . the executive director shall , based on risk analysis and in consultation with the management board , determine the nature of the deployment , the member state to which a liaison officer may be deployed and the duration of the deployment . the executive director shall notify the member state concerned of the appointment and shall determine , together with the member state , the location of deployment . ### the executive director shall appoint experts from the staff of the agency to be deployed as liaison officers . the executive director shall in consultation with the management board , decide the nature of the deployment , the member state to which the liaison officer will be deployed and the duration of the deployment . the executive director shall notify the member state concerned of the appointment and shall determine , together with the member state , the location of deployment .


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


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


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


### ' external borders ' means the land and sea borders of the member states and their airports and seaports , to which the provisions of title ii of regulation no 562 / 2006 of the european parliament and of the council 38 apply ; __________________ 38 regulation no 562 / 2006 of the european parliament and of the council of 15 march 2006 establishing a community code on the rules governing the movement of persons across borders . ### ' external borders ' means the land and sea borders of the member states and their airports and seaports , to which the provisions of title ii of regulation no 562 / 2006 of the european parliament and of the council 38 apply ; and land and sea borders of member states with third countries to which the provisions do not yet apply . __________________ 38 regulation no 562 / 2006 of the european parliament and of the council of 15 march 2006 establishing a community code on the rules governing the movement of persons across borders .


### the executive director shall appoint experts from the staff of the agency to be deployed as liaison officers . the executive director shall , based on risk analysis and in consultation with the management board , determine the nature of the deployment , the member state to which a liaison officer may be deployed and the duration of the deployment . the executive director shall notify the member state concerned of the appointment and shall determine , together with the member state , the location of deployment . ### the executive director shall appoint experts from the staff of the agency to be deployed as liaison officers . the executive director shall , based on risk analysis and in consultation with the management board , determine the nature of the deployment . the executive director shall notify the member state concerned of the appointment and shall determine , together with the member state , the location of deployment .


### 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 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 , taking into account the need to ensure consistency between union policies and activities in line with article 7 of the treaty on the functioning of the european union .


### 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 .


### 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 , the commission may propose a decision to be put to vote in council to exclude a member state from the schengen area for a limited time in order to protect the security of the union borders .


### 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 . 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 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 , in agreement with the member state concerned , should facilitate and encourage operational cooperation between member states and third countries in the framework of the external relations policy of the union in cooperation with the commission and eeas , including by coordinating operational cooperation between member states and third countries after risk assessment of the external borders with neighbouring third countries 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 .


### in matters covered by its activities and to the extent required for the fulfilment of its tasks , the agency shall facilitate and encourage operational cooperation between member states and third countries , within the framework of the external relations policy of the union , including with regard to the protection of fundamental rights . the agency and the member states shall comply with norms and standards at least equivalent to those set by union legislation also when cooperation with third countries takes place on the territory of those countries . the establishment of cooperation with third countries shall serve to promote european border management and return standards . ### in matters covered by its activities and to the extent required for the fulfilment of its tasks , the agency shall facilitate and encourage technical and operational cooperation between member states and third countries , within the framework of the external relations policy of the union , including with regard to the protection of fundamental rights . the agency and the member states shall comply with norms and standards at least equivalent to those set by union legislation also when cooperation with third countries takes place on the territory of those countries . the establishment of cooperation with third countries shall serve to promote european border management and return standards .


### in order to facilitate the cooperation with other member states and the screening of foreign direct investment by the commission , member states should notify their screening mechanisms and any amendment thereto to the commission , and should report on the application of their screening mechanisms on a regular basis . for the same reason , member states that do not have a screening mechanism should also report on the foreign direct investments that took place in their territory , on the basis of the information available to them . ### in order to facilitate the cooperation with other member states and the screening of foreign direct investment by the commission , member states should notify their screening mechanisms and any amendments thereto to the commission , noting that national security is the responsibility of the member state . for the same reason , member states that do not have a screening mechanism should also be invited to report on the foreign direct investments that took place in their territory , on the basis of the information available to them .


### in determining whether a foreign direct investment is likely to affect security or public order , member states and the commission may take into account whether the foreign investor is controlled by the government of a third country , including through significant funding . ### in determining whether a foreign direct investment is likely to affect security or public order , member states and the commission shall take into account whether the foreign investor is controlled by the government of a third country , including through significant funding or participates in an economic or political project or strategy guided by a foreign power .


### foreign investors and undertakings concerned shall have the possibility to seek judicial redress against screening decisions of the national authorities . ### foreign investors and undertakings concerned shall have the possibility to seek judicial redress against screening decisions of the national authorities , in a way that such redress shall not compromise member state security or infringe the decision making capacities of member states .


### it is important to provide legal certainty and to ensure eu wide coordination and cooperation by establishing a framework for the screening of foreign direct investment in the union on grounds of security or public order . this is without prejudice to the sole responsibility of the member states for the maintenance of national security . ### it is important to provide legal certainty and to ensure eu wide coordination and cooperation by establishing a framework for the screening of foreign direct investment in the union on grounds of security or public order . this is without prejudice to the sole responsibility of the member states for the maintenance of national security and with due account for the provisions of article 346 of the tfeu .


### member states may maintain , amend or adopt mechanisms to screen foreign direct investments on the grounds of security or public order , under the conditions and in accordance with the terms set out in this regulation . ### member states may maintain , amend or adopt mechanisms to screen foreign direct investments . screening may be undertaken if necessary to protect security or to maintain public order and shall be done under the conditions and in accordance with the terms set out in this regulation .


### member states and the commission should take all necessary measures to ensure the protection of confidential and other sensitive information . ### member states and the commission should take all necessary measures to ensure the protection of confidential and other sensitive information , particularly where the security and integrity of a member state are concerned .


### in determining whether a foreign direct investment is likely to affect security or public order , member states and the commission may take into account whether the foreign investor is controlled by the government of a third country , including through significant funding . ### in determining whether a foreign direct investment is likely to affect security or public order , member states and the commission may take into account whether the foreign investor is controlled by the government of a third country , including through significant funding , or whether the investment is part of a third country ' s economic or political programme or strategy .


### the commission may screen foreign direct investments that are likely to affect projects or programmes of union interest on the grounds of security or public order . ### the commission shall screen foreign direct investments that are likely to affect projects or programmes of union interest on the grounds of security , public order , fundamental rights or the protection of key technologies .


### where the commission considers that a foreign direct investment is likely to affect projects or programmes of union interest on grounds of security or public order , the commission should have the possibility to address an opinion to the member states in which such investment is planned or completed within a reasonable timeframe . the member states should take utmost account of the opinion and provide an explanation to the commission if they do not follow this opinion , in compliance with their duty of sincere cooperation under article 4 teu . the commission should also have the possibility to request from those member states the information necessary for its screening of such investment . ### where the commission considers that a foreign direct investment is likely to affect projects or programmes of union interest on grounds of security or public order , the commission should have the possibility to address an opinion to the member states in which such investment is planned or completed within a reasonable timeframe . the member states should take utmost account of the opinion and provide an explanation to the commission if they do not follow this opinion , in compliance with their duty of sincere cooperation under article 4 teu . the commission should also be able to request from those member states the information necessary for its screening of such investment .


### where the commission considers that a foreign direct investment is likely to affect projects or programmes of union interest on grounds of security or public order , the commission may issue an opinion addressed to the member state where the foreign direct investment is planned or has been completed . ### where the commission considers that a foreign direct investment is likely to affect projects or programmes of union interest on grounds of security , public order or strategic interest , the commission shall issue an opinion addressed to the member state where the foreign direct investment is planned or has been completed .


### where the commission considers that a foreign direct investment is likely to affect security or public order in one or more member states , it may issue an opinion addressed to the member state in which the foreign direct investment is planned or has been completed . the commission may issue an opinion irrespective of whether other member states have provided comments . ### where the commission considers that a foreign direct investment is likely to affect security or public order in one or more member states , it shall issue an opinion addressed to the member state in which the foreign direct investment is planned or has been completed . the commission shall issue an opinion irrespective of whether other member states have provided comments .


### member states may maintain , amend or adopt mechanisms to screen foreign direct investments on the grounds of security or public order , under the conditions and in accordance with the terms set out in this regulation . ### member states&#160 ; shall maintain , amend or adopt mechanisms to screen foreign direct investments on the grounds of security or public order , under the conditions and in accordance with the terms set out in this regulation .


### the commission may screen foreign direct investments that are likely to affect projects or programmes of union interest on the grounds of security or public order . ### the commission may screen foreign direct investments that are likely to affect union projects and programmes on the grounds of security or public order .


### where the commission considers that a foreign direct investment is likely to affect security or public order in one or more member states , it may issue an opinion addressed to the member state in which the foreign direct investment is planned or has been completed . the commission may issue an opinion irrespective of whether other member states have provided comments . ### where the commission considers that a foreign direct investment is likely to affect security or public order in one or more member states , it may issue an advisory opinion addressed to the member state in which the foreign direct investment is planned or has been completed . the commission may issue its opinion irrespective of whether other member states have provided comments .


### in screening a foreign direct investment on the grounds of security or public order , member states and the commission may consider the potential effects on , inter alia : ### in screening a foreign direct investment on the grounds of security or public order , member states and the commission shall consider the potential effects on , inter alia :


### projects or programmes of union interest shall include in particular those projects and programmes which involve a substantial amount or a significant share of eu funding , or which are covered by union legislation regarding critical infrastructure , critical technologies or critical inputs . an indicative list of projects or programmes of union interest is included in annex 1 . ### projects or programmes of union interest shall include in particular those projects and programmes which involve eu funding or which are covered by union legislation regarding critical infrastructure , critical technologies or critical inputs . an indicative and non - exhaustive list of projects or programmes of union interest is included in annex 1 and can be updated .


### projects or programmes of union interest shall include in particular those projects and programmes which involve a substantial amount or a significant share of eu funding , or which are covered by union legislation regarding critical infrastructure , critical technologies or critical inputs . an indicative list of projects or programmes of union interest is included in annex 1 . ### projects or programmes of union interest shall include in particular those projects and programmes which involve eu funding , or which are covered by union legislation regarding critical infrastructure , critical technologies or critical inputs . an indicative list of projects or programmes of union interest is included in annex 1 and may be updated through delegated acts .


### the commission may screen foreign direct investments that are likely to affect projects or programmes of union interest on the grounds of security or public order . ### the commission may screen foreign direct investments that it can justify are likely to affect projects or programmes of union interest on the grounds of security or public order .


### a mechanism which enables member states to cooperate and assist each other where a foreign direct investment in one member state may affect the security or public order of other member states should be set up . member states should be able to provide comments to a member state in which the investment is planned or has been completed , irrespective of whether the member states providing comments or the member states in which the investment is planned or has been completed maintain a screening mechanism or are screening the investment . the comments of member states should also be forwarded to the commission . the commission should also have the possibility , where appropriate , to issue an opinion to the member state in which the investment is planned or has been completed , irrespective of whether this member state maintains a screening mechanism or is screening the investment and irrespective of whether other member states have provided comments . ### a mechanism which enables member states to cooperate and assist each other where a foreign direct investment in one member state may affect the security or public order of other member states should be set up . member states should be enabled through proper channels to adequately communicate with another member state in which an investment is planned or has been completed , irrespective of whether the member states providing comments or the member states in which the investment is planned or has been completed maintain a screening mechanism or are screening the investment . the comments of member states should also be forwarded to the commission . the commission should also have the possibility , where appropriate , to issue an opinion to the member state in which the investment is planned or has been completed , irrespective of whether this member state maintains a screening mechanism or is screening the investment and irrespective of whether other member states have provided comments .


### charges for the re - use of documents constitute an important market entry barrier for start - ups and smes . documents should therefore be made available for re - use without charges and , where charges are necessary , they should in principle be limited to the marginal costs . in exceptional cases , the necessity of not hindering the normal running of public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks should be taken into consideration . the role of public undertakings in a competitive economic environment should also be acknowledged . in such cases , public sector bodies and public undertakings should therefore be able to charge above marginal costs . those charges should be set according to objective , transparent and verifiable criteria and the total income from supplying and allowing re - use of documents should not exceed the cost of collection , production , reproduction and dissemination , together with a reasonable return on investment . where applicable , the costs of anonymisation of personal data or of commercially sensitive information should also be included in the eligible cost . the requirement to generate revenue to cover a substantial part of the public sector bodies’ costs relating to the performance of their public tasks or the scope of the services of general interest entrusted with public undertakings does not have to be a legal requirement and may stem , for example , from administrative practices in member states . such a requirement should be regularly reviewed by the member states . ### charges for the re - use of documents constitute an important market entry barrier for start - ups and smes . documents should therefore be made available for re - use without charges and , where charges are necessary , they should in principle be limited to the marginal costs . marginal costs are the extra costs for the digitisation , storage and management of documents , as well as the costs for digital mass storage , the additional effort to render data machine readable and the extra burden for infrastructure measures . in exceptional cases , the necessity of not hindering the normal running of public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks should be taken into consideration . the role of public undertakings in a competitive economic environment should also be acknowledged . in such cases , public sector bodies and public undertakings should therefore be able to charge above marginal costs . those charges should be set according to objective , transparent and verifiable criteria and the total income from supplying and allowing re - use of documents should not exceed the cost of collection , production , reproduction and dissemination , together with a reasonable return on investment . the costs of anonymisation of personal data or of commercially sensitive information should also be included in the eligible cost . the requirement to generate revenue to cover a substantial part of the public sector bodies’ costs relating to the performance of their public tasks or the scope of the services of general interest entrusted with public undertakings does not have to be a legal requirement and may stem , for example , from administrative practices in member states . such a requirement should be regularly reviewed by the member states .


### the directive lays down an obligation for member states to make all documents re - usable unless access is restricted or excluded under national rules on access to documents and subject to the other exceptions laid down in this directive . the directive builds on the existing access regimes in the member states and does not change the national rules for access to documents . it does not apply in cases in which citizens or companies can , under the relevant access regime , only obtain a document if they can prove a particular interest . at union level , articles 41 and 42 of the charter of fundamental rights of the european union recognise the right of any citizen of the union and any natural or legal person residing or having its registered office in a member state to have access to european parliament , council and commission documents . public sector bodies should be encouraged to make available for re - use any documents held by them . public sector bodies should promote and encourage re - use of documents , including official texts of a legislative and administrative nature in those cases where the public sector body has the right to authorise their re - use . ### the directive lays down an obligation for member states to make all documents re - usable without prejudice to the exceptions laid down in this directive , allowing member states to restrict or exclude certain documents from access . the directive builds on the existing access regimes in the member states and does not change the national rules for access to documents . it does not apply in cases in which citizens or companies can , under the relevant access regime , only obtain a document if they can prove a particular interest . at union level , articles 41 and 42 of the charter of fundamental rights of the european union recognise the right of any citizen of the union and any natural or legal person residing or having its registered office in a member state to have access to european parliament , council and commission documents . public sector bodies should be encouraged to make available for re - use any documents held by them . public sector bodies should promote and encourage re - use of documents , including official texts of a legislative and administrative nature in those cases where the public sector body has the right to authorise their re - use .


### ' confiscation order ' means a final penalty or measure imposed by a court following proceedings in relation to a criminal offence , resulting in the final deprivation of property from a natural or legal person ; ### ' confiscation order ' means a final penalty or measure imposed by a court or a competent authority following proceedings in relation to a criminal or civil offence , resulting in the final deprivation of property from a natural or legal person ;


### ' instrumentalities ' means any property used or intended to be used , in any manner , wholly or in part , to commit a criminal offence or criminal offences ; ### ' instrumentalities ' means any property used or intended to be used , in any manner , wholly or in part , to commit a criminal or civil offence ;


### this regulation should apply to all confiscation orders imposed by a court following proceedings in relation to a criminal offence and all freezing orders issued with a view to possible subsequent confiscation . it should therefore cover all types of orders covered by directive 2014 / 42 / eu , as well as other types of orders issued without final conviction within the framework of criminal proceedings . this regulation should not apply to freezing and confiscation orders issued within the framework of civil or administrative proceedings . ### this regulation should apply to all confiscation orders imposed by a court or by a competent authority following proceedings in relation to a criminal or civil offence and all freezing orders issued with a view to possible subsequent confiscation . it should therefore cover all types of orders covered by directive 2014 / 42 / eu , as well as other types of orders issued without final conviction within the framework of criminal proceedings and orders issued within the framework of union legal acts regarding financial markets . this regulation should also apply to freezing and confiscation orders issued within the framework of civil or administrative proceedings .


### non - discrimination ### non - discrimination and fundamental rights


### ‘ europol data’ means personal data provided to europol for the purpose referred to in article 18 of regulation 2016 / 794 ; ### ‘ europol data’ means personal data processed by europol for the purposes referred to in article 18 to of regulation 2016 / 794 ;


### the common identity repository should provide for a shared container for identity and biometric data of third - country nationals registered in the ees , the vis , [ the etias ] , eurodac and the [ ecris - tcn system ] , serving as the shared component between these systems for storage of this data , and to allow its querying . ### the cir should provide for a shared container for identity and biometric data of third - country nationals registered in the ees , vis , [ etias ] , eurodac and [ ecris - tcn ] , serving as the shared component between these systems for storage of this data , and to allow its querying . a central union backup cir should be established in order to provide all the functionalities of the principal cir and a similar level of performance as it in the event of its failure .


### the umf standard shall be used in the development of the [ eurodac ] , the [ ecris - tcn system ] , the european search portal , the cir , the mid and , if appropriate , in the development by eu - lisa or any other eu body of new information exchange models and information systems in the area of justice and home affairs . ### the umf standard shall be used in the development of the [ eurodac ] , [ ecris - tcn ] , the esp , the cir , the mid , where feasible and , if appropriate , in the development by eu - lisa or any other union agency of new information exchange models and union information systems in the area of justice and home affairs .


### in order to ensure the correct identification of a person , member state authorities competent for preventing and combating irregular migration and competent authorities within the meaning of article 3 of directive 2016 / 680 should be allowed to query the common identity repository with the biometric data of that person taken during an identity check . ### where a member state police authority has been unable to identify a person on the basis of a query of the cir using a travel document or the identity data provided by that person , or where there are doubts as to the authenticity of the travel document or the identity of its holder , member state authorities competent for preventing and combating irregular migration and competent authorities within the meaning of article 3 of directive 2016 / 680 should be allowed to query the cir with the biometric data of that person taken during an identity check in order to ensure correct identification of that person .


### the use of the esp shall be reserved to the member state authorities and eu bodies having access to the ees , [ the etias ] , the vis , the sis , eurodac and [ the ecris - tcn system ] , to the cir and the multiple - identity detector as well as the europol data and the interpol databases in accordance with union or national law governing such access . ### the use of the esp shall be reserved to the member state authorities and union agencies having access to the ees , [ etias ] , vis , sis , eurodac and [ ecris - tcn ] in accordance with the legal instruments governing those union information systems , to the cir and the multiple - identity detector in accordance with this regulation as well as europol data in accordance with regulation 2016 / 794 and to the interpol databases in accordance with union or national law governing such access .


### this decision shall also provide the person concerned with information explaining the possibility to challenge the decision taken in respect of the request referred in paragraph 3 and , where relevant , information on how to bring an action or a complaint before the competent authorities or courts , and any assistance , including from the competent national supervisory authorities . ### this decision shall also provide the person concerned with information explaining the possibility to challenge the decision taken in respect of the request referred in paragraph 3 and information on how to bring an action or a complaint before the competent authorities or courts , and any assistance , including from the competent national supervisory authorities together with its contact details .


### the data referred to in article 20 and of the regulation on sis in the field of law enforcement ; ### the data referred to in article 20 and of the regulation on [ sis in the field of law enforcement ] ;


### to ensure fast and systematic use of all eu information systems , the european search portal should be used to query the common identity repository , the ees , the vis , [ the etias ] , eurodac and [ the ecris - tcn system ] . however , the national connection to the different eu information systems should remain in order to provide a technical fall back . the esp should also be used by union bodies to query the central sis in accordance with their access rights and in order to perform their tasks . the esp should be an additional means to query the central sis , the europol data and the interpol systems , complementing the existing dedicated interfaces . ### to ensure fast and systematic use of all union information systems , the european search portal should be used to query the common identity repository , the ees , vis , [ etias ] , eurodac and [ ecris - tcn ] . a central union backup esp should be established in order to provide all the functionalities of the principal esp and a similar level of performance as it in the event of its failure . however , the national connection to the different union information systems should remain in order to provide a technical fall back . the esp should also be used by union agencies to query the central sis in accordance with their access rights and in order to perform their tasks . the esp should be an additional means to query the central sis , europol data and the interpol systems , complementing the existing dedicated interfaces .


### the member state authority and the individual user of the esp , including the esp profile used as referred to in article 8 ; ### the member state authority or the union agency launching the query ;


### ensuring the correct identification of persons ; ### facilitating the correct identification of third - country nationals registered in the union information systems ;


### the users of the esp shall launch a query by introducing data in the esp in accordance with their user profile and access rights . where a query has been launched , the esp shall query simultaneously , with the data introduced by the user of the esp , the ees , [ the etias ] , the vis , the sis , eurodac , [ the ecris - tcn system ] and the cir as well as the europol data and the interpol databases . ### the users of the esp shall launch a query by introducing data in the esp in accordance with their esp user profile , created in accordance with article 8 , and access rights . where a query has been launched , the esp shall query simultaneously , with the data introduced by the user of the esp , the ees , [ etias ] , vis , sis , eurodac , [ ecris - tcn ] and the cir as well as europol data and the interpol databases .


### member states wishing to avail themselves of the possibility provided for in this article shall adopt national legislative measures . such legislative measures shall specify the precise purposes of identity checks within the purposes referred to in article 2 and . they shall designate the police authorities competent and lay down the procedures , conditions and criteria of such checks . ### member states wishing to avail themselves of the possibility provided for in this article shall adopt national legislative measures . such legislative measures shall specify the precise purposes of identity checks within the purposes referred to in article 2 and lay down the procedures , conditions and criteria for such checks . they shall designate the competent police authorities . member states making use of this possibility shall transmit the text of their national legislative measures to the commission .


### this regulation , together with [ regulation 2018 / xx on interoperability borders and visa ] , establishes a framework to ensure the interoperability between the entry / exit system , the visa information system , [ the european travel information and authorisation system ] , eurodac , the schengen information system , and [ the european criminal records information system for third - country nationals ] in order for those systems and data to supplement each other . ### this regulation , together with [ regulation 2018 / xx on interoperability borders and visa ] , establishes a framework to ensure the interoperability between the entry / exit system , the visa information system , [ the european travel information and authorisation system ] , eurodac , the schengen information system , and [ the european criminal records information system for third - country nationals ] .


### the european search portal should be established to facilitate technically the ability of member state authorities and eu bodies to have fast , seamless , efficient , systematic and controlled access to the eu information systems , the europol data and the interpol databases needed to perform their tasks , in accordance with their access rights , and to support the objectives of the ees , the vis , the [ etias ] , eurodac , the sis , the [ ecris - tcn system ] and the europol data . enabling the simultaneous querying of all relevant eu information systems in parallel , as well as of the europol data and the interpol databases , the esp should act as a single window or ‘ message broker’ to search various central systems and retrieve the necessary information seamlessly and in full respect of the access control and data protection requirements of the underlying systems . ### the esp should be established to facilitate technically the ability of member state authorities and union agencies to have access to the union information systems , europol data and the interpol databases needed to perform their tasks , in accordance with their access rights , and to support the objectives of the ees , vis , [ etias ] , eurodac , sis , [ ecris - tcn ] and europol data . enabling the simultaneous querying of all relevant union information systems in parallel , as well as of europol data and the interpol databases , the esp should act as a single window or ‘ message broker’ to search various central systems and retrieve the necessary information seamlessly and in full respect of the access control and data protection requirements of the underlying systems .


### personal data stored in or accessed by the interoperability components shall not be transferred or made available to any third country , to any international organisation or to any private party . ### personal data stored in or accessed by the interoperability components shall not be transferred or made available to any third country , to any international organisation or to any private party , unless such transfers may help to prevent an imminent serious threat to public security , e . g . posed by terrorists or other serious cross - border criminal organisations .


### [ the data referred to in article 13 of the eurodac regulation ; ] ### [ the data referred to in article 12 and , article 13 , and and article 14 , and of the eurodac regulation ; ]


### eu - lisa shall establish automated data quality control mechanisms and procedures on the data stored in the sis , eurodac , [ the ecris - tcn system ] , the shared biometric matching service , the common identity repository and the multiple - identity detector . ### eu - lisa shall establish automated data quality control mechanisms and procedures on the data stored in sis , eurodac , [ ecris - tcn ] , the shared bms and the cir .


### a european search portal is established for the purposes of ensuring that member state authorities and eu bodies have fast , seamless , efficient , systematic and controlled access to the eu information systems , the europol data and the interpol databases that they need to perform their tasks in accordance with their access rights and of supporting the objectives of the ees , the vis , [ the etias ] , eurodac , the sis , [ the ecris - tcn system ] and the europol data . ### a european search portal is established for the purposes of facilitating the access of member state authorities and of union agencies to the union information systems , to europol data and to the interpol databases in the performance of their tasks and in accordance with their access rights to and the objectives and purposes of the ees , vis , [ etias ] , eurodac , sis , [ ecris - tcn ] and europol data .


### where it is technically impossible to use the esp to query one or several eu information systems referred to in article 9 or the cir , because of a failure of the national infrastructure in a member state , that member state ' s competent authority shall notify eu - lisa and the commission . ### where it is technically impossible to use the esp to query one or several union information systems or the cir , because of a failure of the national infrastructure in a member state , that member state ' s competent authority shall without delay inform all its users and notify eu - lisa and the commission .


### where , following an examination , it is found that the data stored in the multiple - identity detector are factually inaccurate or have been recorded unlawfully , the member state responsible or , where applicable , the member state to which the request has been made shall correct or delete these data . ### where , following an examination , it is found that the data stored in the cir , the shared bms and the mid are factually inaccurate or have been recorded unlawfully , the member state responsible or , where applicable , the member state to which the request has been made shall immediately correct or delete these data .


### in both scenarios , and until the technical failure is addressed , the obligation referred to in article 7 and shall not apply and member states may access the information systems referred to in article 9 or the cir directly using their respective national uniform interfaces or national communication infrastructures . ### in both scenarios , and until the technical failure is addressed , the obligation referred to in article 7 and shall not apply and member states shall access the union information systems or the cir directly using their respective national uniform interfaces or national communication infrastructures .


### the common identity repository should provide for a shared container for identity and biometric data of third - country nationals registered in the ees , the vis , [ the etias ] , eurodac and the [ ecris - tcn system ] , serving as the shared component between these systems for storage of this data , and to allow its querying . ### the cir should provide for a shared container for identity and biometric data of third - country nationals registered in the ees , vis , [ etias ] , eurodac and [ ecris - tcn ] , serving as the shared component between these systems for storage of this data , and to allow its querying . a central union backup cir should be established in order to provide all the functionalities of the principal cir and a similar level of performance as it in the event of its failure .


### facilitating the technical and operational implementation by member states of existing and future eu information systems ; ### contributing to ensuring the effective use of the union information systems , europol data and the interpol databases by facilitating the access to them by the authorities in accordance with their access rights and the objectives and purposes as laid down in the legal instruments governing the respective systems ;


### this regulation also adapts the procedures and conditions for member state law enforcement authorities and for the european union agency for law enforcement cooperation access to the entry / exit system , the visa information system , [ the european travel information and authorisation system , ] and eurodac for the purposes of the prevention , detection and investigation of terrorist offences or of other serious criminal offences falling under their competence . ### this regulation also adapts the procedures and conditions for member state designated authorities and for the european union agency for law enforcement cooperation access to the ees , vis , [ etias , ] and eurodac for the purposes of the prevention , detection and investigation of terrorist offences or of other serious criminal offences .


### the use of the esp shall be reserved to the member state authorities and eu bodies having access to the ees , [ the etias ] , the vis , the sis , eurodac and [ the ecris - tcn system ] , to the cir and the multiple - identity detector as well as the europol data and the interpol databases in accordance with union or national law governing such access . ### the use of the esp shall be reserved to the member state authorities and union agencies having access to the ees , [ etias ] , vis , sis , eurodac and [ ecris - tcn ] in accordance with the legal instruments governing those union information systems , to the cir and the multiple - identity detector in accordance with this regulation as well as europol data in accordance with regulation 2016 / 794 and to the interpol databases in accordance with union or national law governing such access .


### without prejudice to the right of information referred to in articles 11 and 12 of regulation 45 / 2001 and articles 13 and 14 of regulation 2016 / 679 , persons whose data are stored in the shared biometric matching service , the common identity repository or the multiple - identity detector shall be informed by the authority collecting their data , at the time their data are collected , about the processing of personal data for the purposes of this regulation , including about identity and contact details of the respective data controllers , and about the procedures for exercising their rights of access , rectification and erasure , as well as about the contact details of the european data protection supervisor and of the national supervisory authority of the member state responsible for the collection of the data . ### the authority collecting the data of persons whose data are stored in the shared biometric matching service , the common identity repository or the multiple - identity detector shall provide them with the information required under articles 11 and 12 of regulation 45 / 2001 and articles 12 , 13 and 14 of regulation 2016 / 679 in the manner required by those provisions . the authority shall provide the information at the time such persons ' data are collected .