### the commission shall , after consulting the agency , the entso for electricity and the other relevant stakeholders , establish a priority list every three years , identifying the areas set out in paragraph 1 to be included in the development of network codes . if the subject - matter of the network code is directly related to the operation of the distribution system and less relevant for the transmission system , the commission may require the eu dso entity for electricity instead of the entso for electricity to convene a drafting committee and submit a proposal for a network code to the agency . ### the commission shall , after consulting the agency , the entso for electricity and the other relevant stakeholders , establish a priority list every three years , identifying the areas set out in paragraph 1 to be included in the development of network codes .


### barriers to cross - border electricity flows and cross - border transactions on electricity markets and related services markets shall be avoided ; ### barriers to cross - zonal electricity flows and cross - zonal transactions on electricity markets and related services markets shall be avoided ;


### be organised in such a way as to be non - discriminatory ; ### be non - discriminatory ;


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


### transmission system operators shall clearly establish beforehand how any congestion income will be used , and report on the actual use of that income . on an annual basis , and by 31 july each year , the national regulatory authorities shall publish a report setting out the amount of revenue collected for the 12 - month period ending on 30 june of the same year and how that revenue was used , including the specific projects the income has been used for or the amount placed on a separate account line , together with verification that that use complies with this regulation and the methodology developed pursuant to paragraph 3 . ### transmission system operators shall report on the actual use of that income . on an annual basis the national regulatory authorities shall publish a report setting out the amount of revenue collected for the 12 - month period ending on 31 december of the same year and how that revenue was used .


### market rules shall allow for entry and exit of electricity generation and electricity supply undertakings based on their assessment of the economic and financial viability of their operations ; ### market rules , including those applying to ancillary services , shall allow for entry and exit of electricity generation , demand side response providers , storage facilities , and electricity supply undertakings based on their assessment of the economic and financial viability of their operations ;


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


### setting fundamental principles for well - functioning , integrated electricity markets , which allow non - discriminatory market access for all resource providers and electricity customers , empower consumers , enable demand response and energy efficiency , facilitate aggregation of distributed demand and supply , and contribute to the decarbonisation of the economy by enabling market integration and market - based remuneration of electricity generated from renewable sources ; ### setting fundamental principles for well - functioning , integrated electricity markets , which allow non - discriminatory market access for all resource providers and electricity customers , empower consumers , enable demand response and energy efficiency , facilitate aggregation of distributed demand and supply , and contribute to the decarbonisation of the economy by enabling market integration and market - based remuneration of electricity generated from renewable sources via an innovative sector coupling technologies that provide flexibility and security of supply in an energy system increasingly based on res .


### the european resource adequacy assessment shall cover the overall adequacy of the electricity system to supply current and projected demands for electricity for a ten - year period from the date of that assessment , in a yearly resolution . ### the european resource adequacy assessment shall cover the overall adequacy of the electricity system to supply current and projected demands for electricity with respect to the availability of primary resources for a ten - year period from the date of that assessment , in a yearly resolution .


### regional operational centres shall report shortcomings identified in the monitoring process under paragraph 1 to entso for electricity , the regulatory authorities of the system operation region , the agency and the competent authorities of member states responsible for the prevention and management of crisis situations . ### regional security coordinators shall report shortcomings identified in the monitoring process under paragraph 1 to entso for electricity , the regulatory authorities of the security - coordinated region , the agency and the competent authorities of member states responsible for the prevention and management of crisis situations .


### transmission system operators shall clearly establish beforehand how any congestion income will be used , and report on the actual use of that income . on an annual basis , and by 31 july each year , the national regulatory authorities shall publish a report setting out the amount of revenue collected for the 12 - month period ending on 30 june of the same year and how that revenue was used , including the specific projects the income has been used for or the amount placed on a separate account line , together with verification that that use complies with this regulation and the methodology developed pursuant to paragraph 3 . ### transmission system operators shall report on the actual use of congestion income . on an annual basis , the national regulatory authorities shall publish a report setting out the amount of revenue collected for the 12 - month period ending on 31 december of the same year and how that revenue was used .


### the resources curtailed or redispatched shall be selected amongst generation or demand facilities submitting offers for curtailment or redispatching using market - based mechanisms and be financially compensated . non - market - based curtailment or redispatching of generation or redispatching of demand response shall only be used where no market - based alternative is available , where all available market - based resources have been used , or where the number of generation or demand facilities available in the area where suitable generation or demand facilities for the provision of the service are located is too low to ensure effective competition . the provision of market - based resources shall be open to all generation technologies , storage and demand response , including operators located in other member states unless technically not feasible . ### the resources curtailed or redispatched shall be selected amongst generation or demand facilities submitting offers for curtailment or redispatching using market - based mechanisms and be financially compensated . in the event of critical grid situations caused by regional excess demand or supply of electricity a flexible configuration of demand , storage or supply facilities , shall be exempted from grid fees and other charges when helping to avoid costly grid congestion and subsequent curtailment measures . in case of incremental electricity consumption via demand response measures , grid fee exemption is granted irrespective of the end use of the electricity . that includes flexible demand units shifting their load to a later point of time via energy storage units . likewise , electricity from flexible renewable generation units that increase system efficiency by offering market - based flexibility options instead of curtailment measures shall be compensated by exemption from any charges and taxes related to the electricity retail prices . non - market - based curtailment or redispatching of generation or redispatching of demand response shall only be used where no market - based alternative is available , where all available market - based resources have been used , or where the number of generation or demand facilities available in the area where suitable generation or demand facilities for the provision of the service are located is too low to ensure effective competition . the provision of market - based resources shall be open to all generation technologies , storage and demand response and sector coupling technologies , including operators located in other member states unless technically not feasible . in order to fulfil the eu emission target the eligibility of market - based flexibility options should depend on their carbon emission intensity . facilities should only be eligible to participate in a marked - based procurement model if its emissions are below 450 gr co2 / kwh and at least 10% of fuel requirements are based on renewable energy sources . in case the consumed fuel has a res share physically below 10% the remaining fraction can be offset by virtual blending activities via guarantees of origin . also small - scale units of at least 100kw capacity should be eligible to participate .


### market rules shall support the decarbonisation of the economy by enabling the integration of electricity from renewable energy sources and providing incentives for energy efficiency ; ### market rules shall support the decarbonisation of the economy by enabling the integration of electricity from renewable energy sources , providing incentives for energy efficiency and incentivizing demand side response at times when there is overreliance on carbon intensive generation ;


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


### regional operational centres shall establish their costs in a transparent manner and report them to the agency and to the regulatory authorities of the system operation region . ### regional security coordinators shall establish their costs in a transparent manner and report them to the agency and to the regulatory authorities of the security - coordinated region .


### by way of derogation from paragraph 1 , until [ op : two years after entry into force ] market operators may apply limits on maximum clearing prices for day - ahead and intraday timeframes in accordance with articles 41 and 54 of regulation 2015 / 1222 . in the event that limits are , or are anticipated to be , reached , they shall be raised for the following day . ### by way of derogation from paragraph 1 , nominated electricity market operators may apply harmonized limits on maximum clearing prices for single day - ahead coupling and single intra - day coupling time frames in accordance with articles 41 and 54 of regulation 2015 / 1222 . such harmonized limits shall be set at the value close to the value of lost load . in the event that limits are , or are anticipated to be , reached , they shall be raised for the following day .


### by way of derogation from paragraph 1 , until [ op : two years after entry into force ] market operators may apply limits on maximum clearing prices for day - ahead and intraday timeframes in accordance with articles 41 and 54 of regulation 2015 / 1222 . in the event that limits are , or are anticipated to be , reached , they shall be raised for the following day . ### by way of derogation from paragraph 1 , nominated electricity market operators may apply harmonized limits on maximum clearing prices for single day - ahead coupling and single intra - day coupling in accordance with articles 41 and 54 of regulation 2015 / 1222 . such harmonized limits shall be set at the value close to the value of lost load . in the event that limits are , or are anticipated to be , reached , they shall be raised for the following day .


### the executive director shall evaluate the results of the joint operations and rapid border interventions and transmit the detailed evaluation reports within 60 days following the end of those operations and projects to the management board , together with the observations of the fundamental rights officer . the agency shall make a comprehensive comparative analysis of those results with a view to enhancing the quality , coherence and effectiveness of future joint operations and rapid border interventions , and it shall include it in its consolidated annual activity report . ### the executive director shall evaluate the results of the joint operations , rapid border interventions , pilot projects , migration management support teams , return operations , return interventions and operational cooperation with third countries , including with regard to the respect of fundamental rights and transmit the detailed evaluation reports within 60 days following the end of those operations and projects to the management board , together with the observations of the fundamental rights officer and the frontex consultative forum . the agency shall make a comprehensive comparative analysis of those results with a view to enhancing the quality , coherence and effectiveness of future activities , and it shall include it in its consolidated annual activity report .


### member states shall take results of the risk analysis into account when planning their operations and activities at the external borders as well as their activities with regard to return . ### member states shall take results of the risk analysis into account when planning their operations and activities at the external borders .


### only substantiated complaints involving concrete fundamental rights violations shall be admissible . complaints which are anonymous , malicious , frivolous , vexatious , hypothetical or inaccurate shall be excluded from the complaint mechanism . ### only substantiated complaints involving concrete fundamental rights violations shall be admissible . complaints which are malicious , frivolous , vexatious or hypothetical shall be excluded from the complaint mechanism . anonymous complaints shall be admissible if they are submitted by third parties acting in good faith in the interest of a complainant .


### in case of a registered complaint concerning a border guard of a host member state or a member of the teams , including seconded members of the teams or seconded national experts , the home member state shall ensure appropriate follow - up , including disciplinary measures as necessary or other measures in accordance with national law . the relevant member state shall report back to the fundamental rights officer as to the findings and follow - up to a complaint . ### in case of a registered complaint concerning a border guard of a host member state or a member of the teams , or a third country the home member state or the third country shall ensure appropriate follow - up , including disciplinary measures and referral to civil or criminal justice procedures as necessary in accordance with this regulation and national law . the relevant member state or third country shall report back to the fundamental rights officer as to the findings and follow - up to a complaint the latest three months after having received the complaint and , if necessary , every six weeks thereafter . in case the relevant member state or third country does not report back , the agency shall send a letter of warning recalling the possible actions which the agency can take if no follow - up is received to the letter .


### 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 make intelligence - driven use of available union resources 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 the member states .


### the executive director shall evaluate the results of the joint operations and rapid border interventions and transmit the detailed evaluation reports within 60 days following the end of those operations and projects to the management board , together with the observations of the fundamental rights officer . the agency shall make a comprehensive comparative analysis of those results with a view to enhancing the quality , coherence and effectiveness of future joint operations and rapid border interventions , and it shall include it in its consolidated annual activity report . ### the executive director shall evaluate the results of the joint operations , rapid border interventions , pilot projects , migration management support teams , return operations , return interventions and operational cooperation with third countries , including with regard to the respect of fundamental rights , and transmit the detailed evaluation reports within 60 days following the end of those operations and projects to the management board , together with the observations of the fundamental rights officer . the agency shall make a comprehensive comparative analysis of those results with a view to enhancing the quality , coherence and effectiveness of future operations , and it shall include it in its consolidated annual activity report .


### the european border and coast guard shall guarantee the protection of fundamental rights in the performance of its tasks under this regulation in accordance with relevant union law , in particular the charter of fundamental rights of the european union , relevant international law , including the convention relating to the status of refugees and obligations related to access to international protection , in particular the principle of non - refoulement . for that purpose , the agency shall draw up and further develop and implement a fundamental rights strategy . ### the european border and coast guard shall guarantee the protection of fundamental rights in the performance of its tasks under this regulation in accordance with relevant union law , in particular the charter of fundamental rights of the european union and relevant international law , including , the convention relating to the status of refugees , the convention on the elimination of all forms of discrimination against women , the convention on the rights of the child and obligations related to access to international protection , in particular with regards to the principle of non - refoulement . for that purpose , the agency shall draw up and further develop and implement a fundamental rights strategy , including an effective mechanism to monitor the respect for fundamental rights in all the activities of the agency .


### where members of the teams are operating in a host member state , that member state shall be liable in accordance with its national law for any damage caused by them during their operations . ### where members of the teams are operating in a host member state , that member state and the agency shall be jointly and severally liable for any damage caused by them during their operations . where members of the teams are operating in a third country , the agency shall be liable for any damage caused by them during their operations .


### where such damage is caused by gross negligence or willful misconduct , the host member state may approach the home member state in order to have any sums it has paid to the victims or persons entitled on their behalf reimbursed by the home member state . ### where such damage is caused by gross negligence or willful misconduct , the agency shall make good any damage caused in accordance with the general principles common to the laws of the member states .


### the agency shall cooperate with the commission , other union institutions , the european external action service , europol , the european asylum support office , the european union agency for fundamental rights , eurojust , the european union satellite centre , the european maritime safety agency and the european fisheries control agency as well as other union , agencies , bodies , offices in matters covered by this regulation , and in particular with the objectives of preventing and combating irregular immigration and cross - border crime including the facilitation of irregular immigration , trafficking in human being and terrorism . ### the agency shall cooperate with the commission , other union institutions , the european external action service , europol , the european asylum support office , the european union agency for fundamental rights , eurojust , the european union satellite centre , the european maritime safety agency and the european fisheries control agency as well as other union , agencies , bodies , offices in matters covered by this regulation .


### the fundamental rights officer shall be independent in the performance of his or her duties as a fundamental rights officer , he or she shall report directly to the management board and cooperate with the consultative forum . the fundamental rights officer shall report on a regular basis and as such contribute to the mechanism for monitoring fundamental rights . ### the fundamental rights officer shall be fully independent in the performance of his or her duties as a fundamental rights officer , he or she shall report directly to the management board and the european parliament and cooperate with the consultative forum . the fundamental rights officer shall report on a regular basis and as such contribute to the mechanism for monitoring fundamental rights .


### where members of the teams are operating in a host member state , that member state shall be liable in accordance with its national law for any damage caused by them during their operations . ### where members of the teams are operating in a host member state , the agency shall be liable in accordance with the general principles common to the laws of the member states , for any damage caused by them during their operations .


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


### 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 fundamental rights officer shall ensure appropriate follow - up , including recommending disciplinary measures to the executive director , and referral to civil or criminal justice procedures as necessary in accordance with this regulation and national law . the executive director shall report back to the fundamental rights officer regarding the implementation of disciplinary measures within a determined time period , and if necessary , at regular intervals thereafter . in the case of civil or criminal justice proceedings , the relevant member state shall report back to the fundamental rights officer as to the findings and follow - up to a complaint within a determined time period , and if necessary , at regular intervals thereafter . in case the relevant member state does not report back , the agency shall send a letter of warning recalling the possible actions which the agency can take if no follow - up is received to the letter .


### 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 .


### 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 an independent 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 a full , independent , effective and accessible individual mechanism whereby the agency’s fundamental rights officer participates . the independent complaint mechanism should review the admissibility of a complaint , register and deal accordingly with all admissible complaints , forward all registered complaints to the agency’s 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 . criminal investigations should be conducted by the member states .


### the european border and coast guard shall guarantee the protection of fundamental rights in the performance of its tasks under this regulation in accordance with relevant union law , in particular the charter of fundamental rights of the european union , relevant international law , including the convention relating to the status of refugees and obligations related to access to international protection , in particular the principle of non - refoulement . for that purpose , the agency shall draw up and further develop and implement a fundamental rights strategy . ### the european border and coast guard shall respect and guarantee the protection of fundamental rights in the performance of its tasks under this regulation in accordance with relevant union law , in particular the charter of fundamental rights of the european union and relevant international law , including the european convention on human rights , the convention relating to the status of refugees and the convention on the rights of the child and obligations related to access to international protection , in particular with regards to the principle of non - refoulement . for that purpose , the agency in cooperation with european union agency for fundamental rights shall draw up and further develop and implement a fundamental rights strategy , including effective mechanisms to ensure the respect for fundamental rights and rule of law in all the activities of the agency . the european parliament shall be duly informed of this fundamental rights strategy ;


### border control , including measures related to the prevention , detection and investigation of cross - border crime , where appropriate ; ### border control , including measures to facilitate legitimate border crossings and to ensure access for persons in need of international protection and measures related to the prevention and detection of cross - border crime , where appropriate , in full respect of human dignity .


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


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


### 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 agency , by decision of the management board shall establish an annual operational and technical strategy for the european integrated border management in full compliance with fundamental rights , 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 ensure the implementation of european integrated border management in all member states .


### the agency shall take the necessary initiatives to ensure training for staff involved in return - related tasks to be part of the pools referred to in articles 28 , 29 and 30 . the agency shall ensure that all staff who participate in return operations and in return interventions , as well as the staff of the agency , have received , prior to their participation in operational activities organised by the agency , training in relevant union and international law , including fundamental rights and access to international protection . ### the agency shall take the necessary initiatives to ensure training for staff involved in return - related tasks to be part of the pools referred to in articles 28 , 29 and 30 . the agency shall ensure that all staff who participate in return operations and in return interventions , as well as the staff of the agency , have received , prior to their participation in operational activities organised by the agency , training in relevant union and international law , including fundamental rights , access to international protection , that will also enable them identify possible human rights violations and process them accordingly .


### the fundamental rights officer shall be responsible for handling complaints received by the agency in accordance with the right to good administration . for this purpose , the fundamental rights officer shall 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 . ### the independent complaint body shall be responsible for handling complaints received by the agency in accordance with the right to good administration . for this purpose , the fundamental rights officer with the independent complaint body shall review the admissibility of a complaint , register admissible complaints , forward all registered complaints within three weeks to the executive director , forward complaints concerning border guards to the home member state or third country , including the relevant authority or body competent for fundamental rights , and register and ensure the follow - up by the agency , that member state or that third country . the independent complaint body shall inform the complainant of the decision on admissibility , and of the national authorities to which his or her complaint was forwarded . in case a complaint is found to be inadmissible , it shall inform the complainant of the reasons thereof . any decision shall be in written form and reasoned .


### the supervisory board shall be composed of the deputy executive director , four other senior officials of the agency to be appointed by the management board and one of the representatives of the commission to the management board . the supervisory board shall be chaired by the deputy executive director . ### the supervisory board shall be composed of the deputy executive director , four other senior officials of the agency to be appointed by the management board , the fundamental rights officer and one of the representatives of the commission to the management board . the supervisory board shall be chaired by the deputy executive director .


### the agency shall ensure that the standardized complaint form is available in most common languages and that it shall be made available on the agency’s website and in hardcopy during all activities of the agency . complaints shall be considered by the fundamental rights officer even when they are not submitted in the standardized complaint form . ### the agency shall ensure that information about the possibility and procedure for making a complaint is readily available . the standardized complaint form shall be made available in languages that third - country nationals understand or may be reasonably supposed to understand on the agency ' s website and in hardcopy during all activities of the agency . further guidance and assistance on the complaints procedure shall be provided to alleged victims and on request . information tailored to children and other vulnerable groups shall be provided to facilitate their access to the complaints mechanism . complaints shall be considered by the fundamental rights officer even when they are not submitted in the standardized complaint form .


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


### the consultative forum shall be consulted on the further development and implementation of the fundamental rights strategy , codes of conduct and common core curricula . ### the consultative forum shall be consulted on the further development and implementation of the fundamental rights strategy , codes of conduct , agreements with third countries if existing , the complaint mechanism , operational plans and common core curricula as well as for establishing the criteria referred to in article 12 and article 24 .


### where a member state faces disproportionate migratory pressures at particular hotspot areas of its external border characterised by large influxes of mixed migratory flows , that member state may request the operational and technical reinforcement by migration management support teams . that member state shall submit a request for reinforcement and an assessment of its needs to the agency and other relevant union agencies in particular the european asylum support office and europol . ### where a member state faces disproportionate migratory and asylum responsibilities , that member state may request the operational and technical reinforcement by migration management support teams . that member state shall submit a request for reinforcement and an assessment of its needs to the agency and other relevant union agencies in particular the european asylum support office and the european union agency for fundamental rights .


### the management board may establish a small - sized executive board composed of the chairperson of the management board , one representative of the commission and three members of the management board , to assist it and the executive director with regard to the preparation of the decisions , programmes and activities to be adopted by the management board and when necessary , because of urgency , to take certain provisional decisions on behalf of the management board . ### the management board may establish a small - sized executive board composed of the chairperson of the management board , one representative of the commission , one representative of the european parliament and three members of the management board , to assist it and the executive director with regard to the preparation of the decisions , programmes and activities to be adopted by the management board and when necessary , because of urgency , to propose certain provisional decisions management board has to take , excluding decisions on which a reinforced majority is needed in the management board .


### the agency shall invite the european asylum support office , the european union agency for fundamental rights , the united nations high commissioner for refugees and other relevant organisations to participate in the consultative forum . on a proposal by the executive director , the management board shall decide on the composition and the working methods of the consultative forum and the modalities of the transmission of information to the consultative forum . ### the agency shall invite the european asylum support office , the european union agency for fundamental rights , the united nations high commissioner for refugees , human rights ngos and other relevant organisations to participate in the consultative forum . on a proposal by the executive director , the management board shall decide on the composition of the consultative forum and the modalities of the transmission of information to the consultative forum . the consultative forum shall set up its working programme and working methods .


### where such damage is caused by gross negligence or willful misconduct , the host member state may approach the home member state in order to have any sums it has paid to the victims or persons entitled on their behalf reimbursed by the home member state . ### 2 . where such damage is caused by gross negligence or willful misconduct , the host member state or the agency may approach the home member state in order to have any sums it has paid to the victims or persons entitled on their behalf reimbursed by the home member state .


### border control , including measures related to the prevention , detection and investigation of cross - border crime , where appropriate ; ### border control , including measures related to the prevention and detection of cross - border crime , where appropriate ;


### in case of a registered complaint concerning a border guard of a host member state or a member of the teams , including seconded members of the teams or seconded national experts , the home member state shall ensure appropriate follow - up , including disciplinary measures as necessary or other measures in accordance with national law . the relevant member state shall report back to the fundamental rights officer as to the findings and follow - up to a complaint . ### in case of a registered complaint concerning a border guard of a host member state or a member of the teams , or a third country the home member state or the third country shall ensure appropriate follow - up , including disciplinary measures and referral to civil or criminal justice procedures as necessary in accordance with this regulation and national law . the relevant member state or third country shall report back to the fundamental rights officer as to the findings and follow - up to a complaint the latest three months after having received the complaint and , if necessary , every six weeks thereafter . in case the relevant member state or third country does not report back , the agency shall send a letter of warning recalling the possible actions which the agency can take if no follow - up is received to the letter .


### 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 or seconded members of the teams or seconded national experts , the executive director shall ensure appropriate follow - up , including disciplinary measures and referral to civil or criminal justice procedures as necessary in accordance with this regulation and national law . 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 the latest three months after having received the complaint and , if necessary , every six weeks thereafter .


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


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


### the agency shall take the necessary initiatives to ensure training for staff involved in return - related tasks to be part of the pools referred to in articles 28 , 29 and 30 . the agency shall ensure that all staff who participate in return operations and in return interventions , as well as the staff of the agency , have received , prior to their participation in operational activities organised by the agency , training in relevant union and international law , including fundamental rights and access to international protection . ### the agency shall take the necessary initiatives to ensure training for staff involved in return - related tasks to be part of the pools referred to in articles 28 , 29 and 30 . the agency shall ensure that all staff who participate in return operations and in return interventions , as well as the staff of the agency , have received , prior to their participation in operational activities organised by the agency , training in relevant union and international law , including fundamental rights , proportionality in the use of force , access to international protection and access to referral mechanisms for vulnerable persons .


### the european border and coast guard shall guarantee the protection of fundamental rights in the performance of its tasks under this regulation in accordance with relevant union law , in particular the charter of fundamental rights of the european union , relevant international law , including the convention relating to the status of refugees and obligations related to access to international protection , in particular the principle of non - refoulement . for that purpose , the agency shall draw up and further develop and implement a fundamental rights strategy . ### the european border and coast guard shall guarantee the protection of fundamental rights in the performance of its tasks under this regulation in accordance with relevant union law , in particular the charter of fundamental rights of the european union and relevant international law , including , the convention relating to the status of refugees , the convention on the elimination of all forms of discrimination against women , the convention on the rights of the child and obligations related to access to international protection , in particular with regards to the principle of non - refoulement . for that purpose , the agency shall draw up and further develop and implement a fundamental rights strategy , including an effective mechanism to monitor the respect for fundamental rights in all the activities of the agency .


### without prejudice to article 47 , the transfer of personal data processed by the agency and the onward transfer by member states to authorities of third countries or third parties of personal data processed in the framework of this regulation shall be prohibited . ### without prejudice to article 47 , the transfer of personal data processed by the agency and the onward transfer by member states to authorities of third countries or international organisations or third parties of personal data processed in the framework of this regulation shall be prohibited .


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


### the agency shall proactively monitor and contribute to research and innovation activities relevant for the control of the external borders , including the use of advanced surveillance technology such as remotely piloted aircraft systems , and for return . the agency shall disseminate the results of that research to the commission and the member states . it may use those results as appropriate in joint operations , rapid border interventions , return operations and return interventions . ### the agency shall proactively monitor research and innovation activities relevant to the eu external borders .


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


### the consultative forum shall be consulted on the further development and implementation of the fundamental rights strategy , codes of conduct and common core curricula . ### the consultative forum shall be consulted on the further development and implementation of the fundamental rights strategy , codes of conduct , agreements with third countries , the complaint mechanism , operational plans and common core curricula as well as for establishing the criteria referred to in article 12 and article 24 .


### 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 an independent 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 a full , independent , effective and accessible individual mechanism whereby the agency’s fundamental rights officer participates . the independent complaint mechanism should review the admissibility of a complaint , register and deal accordingly with all admissible complaints , forward all registered complaints to the agency’s 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 . criminal investigations should be conducted by the member states .


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


### the european border and coast guard shall guarantee the protection of fundamental rights in the performance of its tasks under this regulation in accordance with relevant union law , in particular the charter of fundamental rights of the european union , relevant international law , including the convention relating to the status of refugees and obligations related to access to international protection , in particular the principle of non - refoulement . for that purpose , the agency shall draw up and further develop and implement a fundamental rights strategy . ### the european border and coast guard shall respect and guarantee the protection of fundamental rights in the performance of its tasks under this regulation in accordance with relevant union law , in particular the charter of fundamental rights of the european union and relevant international law , including the european convention on human rights , the convention relating to the status of refugees and the convention on the rights of the child and obligations related to access to international protection , in particular with regards to the principle of non - refoulement . for that purpose , the agency in cooperation with european union agency for fundamental rights shall draw up and further develop and implement a fundamental rights strategy , including effective mechanisms to ensure the respect for fundamental rights and rule of law in all the activities of the agency . the european parliament shall be duly informed of this fundamental rights strategy ;


### the agency shall ensure that the standardized complaint form is available in most common languages and that it shall be made available on the agency’s website and in hardcopy during all activities of the agency . complaints shall be considered by the fundamental rights officer even when they are not submitted in the standardized complaint form . ### the agency shall ensure that people are informed about the possibility and procedure to make a complaint , that the standardized complaint form is available in languages that asylum seekers and migrants understand or may be reasonably supposed to understand on the agency ' s website and in hardcopy during all activities of the agency , and that further guidance and assistance on the complaints procedure is provided to alleged victims and on request . information tailored to children shall be provided to facilitate their access to the complaints mechanism . complaints shall be considered by the fundamental rights officer even when they are not submitted in the standardized complaint form .


### the fundamental rights officer shall be independent in the performance of his or her duties as a fundamental rights officer , he or she shall report directly to the management board and cooperate with the consultative forum . the fundamental rights officer shall report on a regular basis and as such contribute to the mechanism for monitoring fundamental rights . ### the fundamental rights officer shall be fully independent in the performance of his or her duties as a fundamental rights officer , he or she shall report directly to the management board and the european parliament and cooperate with the consultative forum . the fundamental rights officer shall report on a regular basis and as such contribute to the mechanism for monitoring fundamental rights .


### the executive director shall evaluate the results of the joint operations and rapid border interventions and transmit the detailed evaluation reports within 60 days following the end of those operations and projects to the management board , together with the observations of the fundamental rights officer . the agency shall make a comprehensive comparative analysis of those results with a view to enhancing the quality , coherence and effectiveness of future joint operations and rapid border interventions , and it shall include it in its consolidated annual activity report . ### the executive director shall evaluate the results of the joint operations , rapid border interventions , pilot projects , migration management support teams , return operations , return interventions and operational cooperation with third countries , including with regard to the respect of fundamental rights and transmit the detailed evaluation reports within 60 days following the end of those operations and projects to the management board , together with the observations of the fundamental rights officer and the frontex consultative forum . the agency shall make a comprehensive comparative analysis of those results with a view to enhancing the quality , coherence and effectiveness of future activities , and it shall include it in its consolidated annual activity report .


### 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 .


### 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 or seconded members of the teams or seconded national experts , the executive director shall ensure appropriate follow - up , including disciplinary measures and referral to civil or criminal justice procedures as necessary in accordance with this regulation and national law . 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 the latest three months after having received the complaint and , if necessary , every six weeks thereafter .


### 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 agency , by decision of the management board shall establish an annual operational and technical strategy for the european integrated border management in full compliance with fundamental rights , 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 ensure 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 cooperation between member states and third countries concerning migration and asylum will be based only on providing legal and safe routes to access the european union , and in no way will there be military or police cooperation with third countries to try to reduce the number of persons reaching the eu .


### 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 measures in accordance with a decision of the management board referred to in article 12 or in the event of disproportionate migration and asylum challenges at the eu external border , the council may adopt a recommendation with the measures to be implemented by the member state with the assistance of the agency . the recommendation shall include an assessment of the impacts of such measures on fundamental rights , and ensure compliance with international legal obligations .


### in case of a registered complaint concerning a border guard of a host member state or a member of the teams , including seconded members of the teams or seconded national experts , the home member state shall ensure appropriate follow - up , including disciplinary measures as necessary or other measures in accordance with national law . the relevant member state shall report back to the fundamental rights officer as to the findings and follow - up to a complaint . ### in case of a registered complaint concerning a border guard of a host member state or a member of the teams , or a third country the home member state or the third country shall ensure appropriate follow - up , including disciplinary measures and referral to civil or criminal justice procedures as necessary in accordance with this regulation and national law . the relevant member state or third country shall report back to the fundamental rights officer as to the findings and follow - up to a complaint the latest three months after having received the complaint and , if necessary , every six weeks thereafter . in case the relevant member state or third country does not report back , the agency shall send a letter of warning recalling the possible actions which the agency can take if no follow - up is received to the letter .


### without prejudice to paragraph 3 , the management board shall be composed of one representative of each member state and two representatives of the commission , all with voting rights . to this effect , each member state shall appoint a member of the management board as well as an alternate who will represent the member in his or her absence . the commission shall appoint two members and their alternates . the duration of the terms of office shall be four years . the terms of office shall be extendable . ### without prejudice to paragraph 3 , the management board shall be composed of one representative of each member state , two representatives of the commission and two of the european parliament , all with voting rights . to this effect , each member state shall appoint a member of the management board as well as an alternate who will represent the member in his or her absence . the commission shall appoint two members and their alternates . the european parliament shall elect two of its members , at least one being a member of its civil liberties , justice and home affairs committee . the duration of the terms of office shall be four years . the terms of office shall be extendable .


### the fundamental rights officer shall be responsible for handling complaints received by the agency in accordance with the right to good administration . for this purpose , the fundamental rights officer shall 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 . ### the fundamental rights officer shall be responsible for handling complaints received by the agency in accordance with the right to good administration . for this purpose , the fundamental rights officer shall review the admissibility of a complaint , register admissible complaints , forward all registered complaints within three weeks to the executive director , forward complaints concerning border guards to the home member state or third country , including the relevant authority or body competent for fundamental rights , and register and ensure the follow - up by the agency , that member state or that third country . the fundamental rights officer shall inform the complainant of the decision on admissibility , and of the national authorities to which his or her complaint was forwarded . in case the fundamental rights officer found a complaint inadmissible , it shall inform the complainant of the reasons thereof . any decision shall be in written form and reasoned .


### a reporting and evaluation scheme containing benchmarks for the evaluation report and final date of submission of the final evaluation report ; ### a reporting and evaluation scheme containing benchmarks for the evaluation report , including the protection of fundamental rights , and final date of submission of the final evaluation report ;


### only substantiated complaints involving concrete fundamental rights violations shall be admissible . complaints which are anonymous , malicious , frivolous , vexatious , hypothetical or inaccurate shall be excluded from the complaint mechanism . ### complaints which are ill founded , malicious , frivolous , vexatious , hypothetical or unidentifiable shall be excluded from the complaint mechanism . anonymous complaints shall be admissible if they are submitted by third parties acting in good faith in the interest of a complainant .


### where members of the teams are operating in a host member state , that member state shall be liable in accordance with its national law for any damage caused by them during their operations . ### where members of the teams are operating in a host member state , that member state and the agency shall be jointly and severally liable for any damage caused by them during their operations . where members of the teams are operating in a third country , the agency shall be liable for any damage caused by them during their operations .


### 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 . ### the principle of non - refoulement will be respected and mass returns , which are illegal under international law , will not take place . migrants or asylum seekers will not be returned to countries were human rights are not respected , nor will they be returned against their own will .


### the fundamental rights officer shall be responsible for handling complaints received by the agency in accordance with the right to good administration . for this purpose , the fundamental rights officer shall 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 . ### the independent complaint body shall be responsible for handling complaints received by the agency in accordance with the right to good administration . for this purpose , the fundamental rights officer with the independent complaint body shall review the admissibility of a complaint , register admissible complaints , forward all registered complaints within three weeks to the executive director , forward complaints concerning border guards to the home member state or third country , including the relevant authority or body competent for fundamental rights , and register and ensure the follow - up by the agency , that member state or that third country . the independent complaint body shall inform the complainant of the decision on admissibility , and of the national authorities to which his or her complaint was forwarded . in case a complaint is found to be inadmissible , it shall inform the complainant of the reasons thereof . any decision shall be in written form and reasoned .


### 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 .


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


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


### 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 .


### at particular areas of the external borders where member states face disproportionate migratory pressures characterised by large influxes of mixed migratory flows , referred to as hotspot areas , the member states should be able to rely on the increased operational and technical reinforcement by the migration management support teams composed of teams of experts deployed from member states by the european border and coast guard agency and the european asylum support office , and from europol or other relevant union agencies , as well as experts from the staff of the european border and coast guard agency . the european border and coast guard agency should assist the commission in the coordination among the different agencies on the ground . ### at particular areas of the external borders where member states face migratory pressures characterised by influxes of mixed migratory flows , referred to as hotspot areas , the member states should be able to rely on the increased operational and technical reinforcement by the migration management support teams composed of teams of experts deployed from member states to ensure fundamental rights are respected and international obligations and principles are respected . in these areas migrants and asylum seekers will be assisted in their immediate needs with a gender - sensitive approach by fundamental rights and child protection experts , and distributed to different member states , and will not be placed under detention .


### any dispute between member states relating to the application of paragraphs 2 and 3 which cannot be resolved by negotiations between them shall be submitted by them to the court of justice of the european union in accordance with article 273 tfeu . ### any dispute between member states or between a member state and the agency relating to the application of paragraph 3 which cannot be resolved by negotiations between them shall be submitted by them to the court of justice of the european union , without prejudice to article 273 tfeu .


### the agency shall proactively monitor and contribute to research and innovation activities relevant for the control of the external borders , including the use of advanced surveillance technology such as remotely piloted aircraft systems , and for return . the agency shall disseminate the results of that research to the commission and the member states . it may use those results as appropriate in joint operations , rapid border interventions , return operations and return interventions . ### the agency shall proactively monitor research and innovation activities relevant to the eu external 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 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 .


### to ensure the effective implementation of the european integrated border management , a european border and coast guard should be established . the european border and coast guard , which comprises the european border and coast guard agency and national authorities which are responsible for border management , including coast guards to the extent that they carry out border control tasks , relies upon the common use of information , capabilities and systems at national level and the response of the european border and coast guard agency at union level . ### to ensure the european union and its member states’ international obligations are kept , a civilian body with the task of carrying out search and rescue operations , in close cooperation with ngos and other organizations , as well as facilitating the access to international protection of those in need of it , should be established .


### 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 interconnectivity between the entry / exit system , the visa information system , [ the european travel information and authorisation system ] and the schengen information system in order for those systems and data to supplement each other .


### 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 of the regulation on sis in the field of law enforcement ;


### 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 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 , &#160 ; as well as the europol data and the interpol databases .


### the commission shall lay down the procedures to determine the cases where identity data can be considered as identical or similar in implementing acts . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 64 . ### the commission shall lay down the procedures to determine the cases where identity data can be considered as identical or similar in delegated acts . such delegated acts should be designed in a manner that protects persons with multiple lawful identities against discrimination . those delegated acts shall be adopted in accordance with article 63 .


### the linked data shares the same biometric but different identity data and the authority responsible for the verification of different identities concluded it refers unlawfully to the same person ; ### the linked data shares the same biometric but different identity data and the authority responsible for the verification of different identities concluded it refers to the same person who has evidently provided false information with the intent of committing a serious criminal offence ;


### 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 relevant eu information systems , the european search portal should be used to query the common identity repository , the ees , the vis , [ the etias ] . however , the national connection to the different relevant eu information systems should remain in order to provide a technical fall back . the esp should be an additional means to query the central sis , complementing the existing dedicated interfaces .


### in order to allow competent authorities and the eu bodies to adapt to the new requirements on the use of the european search portal , it is necessary to provide for a transitional period . similarly , in order to allow for the coherent and optimal functioning of the multiple - identity detector , transitional measures should be established for the start of its operations . ### in order to allow competent authorities and the eu bodies to adapt to the new requirements on the use of the european search portal , it is necessary to provide for a transitional period .


### the interoperability between the eu information systems should allow said systems to supplement each other in order to facilitate the correct identification of persons , contribute to fighting identity fraud , improve and harmonise data quality requirements of the respective eu information systems , facilitate the technical and operational implementation by member states of existing and future eu information systems , strengthen and simplify the data security and data protection safeguards that govern the respective eu information systems , streamline the law enforcement access to the ees , the vis , the [ etias ] and eurodac , and support the purposes of the ees , the vis , the [ etias ] , eurodac , the sis and the [ ecris - tcn system ] . ### the interconnectivity between the eu information systems should allow said systems to crosscheck each other in order to contribute to fighting identity fraud , improve and harmonise data quality requirements of the respective eu information systems , facilitate the technical and operational implementation by member states of existing and future eu information systems , strengthen the data security and data protection safeguards that govern the respective eu information systems .


### with a view to improve the management of the external borders , to contribute to preventing and combating irregular migration and to contribute to a high level of security within the area of freedom , security and justice of the union , including the maintenance of public security and public policy and safeguarding the security in the territories of the member states , interoperability between eu information systems , namely 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 ] should be established in order for these eu information systems and their data to supplement each other . to achieve this , a european search portal , a shared biometric matching service , a common identity repository and a multiple - identity detector should be established as interoperability components . ### with a view to the management of the external borders , interaction between eu information systems , namely [ the entry / exit system ] , the visa information system , [ the european travel information and authorisation system ] , the schengen information system , should be established in order for these eu information systems and their data to supplement each other . to achieve this , a european search portal should be established maintaining all the requirements of the existing legal instruments , namely access rights and purpose limitation .


### without prejudice to [ article 39 of the eurodac regulation ] , [ articles 12 and 18 of the regulation on sis in the field of law enforcement ] , [ article 29 of the ecris - tcn regulation ] and article 40 of regulation 2016 / 794 , eu - lisa shall keep logs of all data processing operations within the esp . those logs shall include , in particular , the following : ### without prejudice to [ article 39 of the eurodac regulation ] , [ articles 12 and 18 of the regulation on sis in the field of law enforcement ] , [ article 29 of the ecris - tcn regulation ] and article 40 of regulation 2016 / 794 , eu - lisa shall keep logs of all data processing operations within the esp . those logs shall include in all cases and in particular , the following :


### the authorities referred to in paragraph 1 shall use the esp to search data related to persons or their travel documents in the central systems of eurodac and [ the ecris - tcn system ] in accordance with their access rights under union and national law . they shall also use the esp to query the cir in accordance with their access rights under this regulation for the purposes referred to in articles 20 , 21 and 22 . ### the authorities referred to in paragraph 1 shall use the esp to search data related to persons or their travel documents in the central systems of eurodac and [ the ecris - tcn system ] in accordance with their access rights under union and national law .


### for the purposes of technical maintenance , eu - lisa shall have access to the necessary information relating to the data processing operations performed in the interoperability components . ### for the purposes of technical maintenance , eu - lisa shall have access to the necessary information relating to the data processing operations performed in the interoperability components . access to personal data shall be subject to strict safeguards . any access to personal data under this provision shall be logged .


### strengthening and simplifying and making more uniform the data security and data protection conditions that govern the respective eu information systems ; ### strengthening and making more uniform the data security and data protection conditions that govern the respective eu information systems ;


### the sirene bureaux of the member state for hits that occurred when creating a sis alert in accordance with the [ regulations on sis in the field of law enforcement and on sis in the field of illegal return ] ; ### the sirene bureaux of the member state for hits that occurred when creating or updating a sis alert in accordance with the [ regulations on sis in the field of law enforcement and on sis in the field of illegal return ] ;


### a shared biometric matching service storing biometric templates and enabling querying with biometric data across several eu information systems is established for the purposes of supporting the cir and the multiple - identity detector and the objectives of the ees , the vis , eurodac , the sis and [ the ecris - tcn system ] . ### a shared biometric matching service&#160 ; enabling querying with biometric data across relevant eu&#160 ; information systems is established . &#160 ;


### in accordance with national rules or with regulation 2016 / 794 or , when applicable , regulation 45 / 2001 , the identifying mark of the person who carried out the query . ### in accordance with national rules or , when applicable , regulation 45 / 2001 , the identifying mark of the person who carried out the query and the name of the authority which requested the query and of the official who ordered it ;


### if a request for correction or erasure of personal data is made to a member state other than the member state responsible , the member state to which the request has been made shall contact the authorities of the member state responsible within seven days and the member state responsible shall check the accuracy of the data and the lawfulness of the data processing within 30 days of such contact . ### if a request for correction , restriction of processing or erasure of personal data is made to a member state other than the member state responsible , the member state to which the request has been made shall contact the authorities of the member state responsible within seven days and the member state responsible shall check the accuracy of the data and the lawfulness of the data processing within 21 days of such contact .


### the query of the common identity repository by member state designated authorities and europol in order to obtain a hit - flag type of response indicating the data is recorded in the ees , the vis , [ the etias ] or eurodac requires automated processing of personal data . a hit - flag would not reveal personal data of the concerned individual other than an indication that some of his or her data are stored in one of the systems . no adverse decision for the concerned individual should be made by the authorised end - user solely on the basis of the simple occurrence of a hit - flag . access by the end - user of a hit - flag would therefore realise a very limited interference with the right to protection of personal data of the concerned individual , while it would be necessary to allow the designated authority and europol to address its request for access for personal data more effectively directly to the system that was flagged as containing it . ### the query by member state designated authorities and europol in order to obtain a hit - flag type of response indicating the data is recorded in the ees , the vis or [ the etias ] requires automated processing of personal data . a hit - flag would reveal personal data of the concerned individual in the form of an indication that some of his or her data are stored in one of the systems if the end - user has access rights to the database / system that these data are stored in . no adverse decision for the concerned individual should be made by the authorised end - user solely on the basis of the simple occurrence of a hit - flag . access by the end - user of a hit - flag would therefore realise a very limited interference with the right to protection of personal data of the concerned individual , while it would be necessary to allow the designated authority and europol to address its request for access for personal data more effectively directly to the system that was flagged as containing it while respecting purpose limitation and access rights .


### with a view to improve the management of the external borders , to contribute to preventing and combating irregular migration and to contribute to a high level of security within the area of freedom , security and justice of the union , including the maintenance of public security and public policy and safeguarding the security in the territories of the member states , interoperability between eu information systems , namely 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 ] should be established in order for these eu information systems and their data to supplement each other . to achieve this , a european search portal , a shared biometric matching service , a common identity repository and a multiple - identity detector should be established as interoperability components . ### with a view to improve the management of the external borders , to facilitating regular border crossings , to contribute to preventing and combating irregular migration , and , to assist in the prevention , detection and investigation of terrorist offences or other serious criminal offences , interoperability between eu information systems , namely [ 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 ] should be established in so far as that is possible while respecting the fundamental rights of the individual , in particular , the right to protection of personal data . to achieve this , a european search portal , a shared biometric matching service , and a multiple - identity detector should be established as interoperability components .


### 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 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 relevant eu information systems , always in accordance with their access rights and purpose limitations . enabling the simultaneous querying of all relevant eu information systems in parallel , in full respect of the access control and data protection requirements of the underlying systems , the esp should act as a single window or ‘ message broker’ to search various central systems and retrieve the necessary information seamlessly .


### 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 interconnectivity between the entry / exit system , the visa information system , [ the european travel information and authorisation system ] and the schengen information system in order for those systems and data to supplement each other .


### without prejudice to the provisions related to the handling of alerts in the sis referred to in the [ regulations on sis in the field of border checks , on sis in the field of law enforcement and on sis in the field of illegal return ] , and without prejudice to limitations necessary to protect security and public order , prevent crime and guarantee that any national investigation will not be jeopardised , where a red link is created , the authority responsible for verification of different identities shall inform the person of the presence of multiple unlawful identities . ### without prejudice to the provisions related to the handling of alerts in the sis referred to in the [ regulations on sis in the field of border checks , on sis in the field of law enforcement and on sis in the field of illegal return ] , and without prejudice to limitations necessary to protect security , prevent crime and guarantee that any national investigation will not be jeopardised , where a red link is created , the authority responsible for verification of different identities shall inform the person of the presence of multiple unlawful identities .


### a secure communication infrastructure between the shared bms , central - sis and the cir . ### a secure communication infrastructure between the shared bms and the ees , the vis , eurodac , [ the ecris - tcn system ] and the central - sis .


### a secure communication infrastructure between the shared bms , central - sis and the cir . ### a secure communication infrastructure between the shared bms and the central - sis .