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


### the commission decision shall specify the date of implementation of a change . that implementation date shall balance the need for expediency with practical considerations , including forward trade of electricity . the commission may define appropriate transitional arrangements as part of its decision . ### the decision adopted under this article shall specify the date of implementation of a change . that implementation date shall balance the need for expediency with practical considerations , including forward trade of electricity . appropriate transitional arrangements may be defined as part of the decision .


### generating installations using high - efficiency cogeneration shall only be subject to downward redispatching or curtailment if , other than curtailment or downward redispatching of generating installations using renewable energy sources , no other alternative exists or if other solutions would result in disproportionate costs or risks to network security ; ### electricity generated in a high - efficiency cogeneration process shall only be subject to downward redispatching or curtailment if , other than curtailment or downward redispatching of generating installations using renewable energy sources , no other alternative exists or if other solutions would result in disproportionate costs or risks to network security ;


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


### by [ op : twelve months after entry into force ] , the distribution system operators , with the administrative support of the agency , shall submit to the commission and to the agency the draft statutes , a list of registered members , the draft rules of procedure , including the rules of procedures on the consultation with entso for electricity and other stakeholders and the financing rules , of the eu dso entity to be established . ### distribution system operators shall cooperate at union level to contribute to the achievement of the eu climate and energy objectives including the integration of high levels of electricity generated by variable renewable energy sources , to promote the completion and functioning of the internal market in electricity , and to promote optimal management and a coordinated operation of distribution and transmission systems .


### the procurement of upward balancing capacity and downward balancing capacity shall be carried out separately . the contracting shall be performed for not longer than one day before the provision of the balancing capacity and the contracting period shall have a maximum of one day . ### the procurement of upward balancing capacity and downward balancing capacity shall be carried out separately . procurement of balancing capacity shall be performed for not longer than one day before the provision of the balancing capacity and the contracting period shall have a maximum duration of one day .


### 1 . if entso for electricity delegates this function , regional operational centres shall identify regional crisis scenarios in accordance with the criteria set out in article 6 of [ risk preparedness regulation as proposed by com 862 ] ### 1 . regional operational centres shall identify regional crisis scenarios for their respective regions in accordance with the criteria laid down in article 6 of regulation [ risk preparedness regulation ] . the scenarios shall be identified on the basis of risks for each region , such as extreme weather conditions , natural disasters , fuel shortages or malicious attacks . the scenarios shall provide the basis for the regional parts of the national risk - preparedness plans .


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


### the regulatory authorities of a system operation region may jointly decide to grant binding decision - making powers to the regional operational centre for one or more of the functions provided for in points to and to of article 34 . ### the regulatory authorities of a system operation region may jointly decide to grant binding decision - making powers to the regional operational centre for one or more of the functions listed in article 34 and which are not referred to in paragraph 2 of this article .


### generating installations using renewable energy sources or high - efficiency cogeneration with an installed electricity capacity of less than 500 kw ; ### electricity generated in installations using renewable energy sources or generated in a high - efficiency cogeneration process in installations with an installed capacity of less than 3 mw . as of 1 january 2026 , this threshold shall be reduced to 1 mw provided that a liquid intraday market exists , that market barriers are removed and that installations using renewable energy sources can access at least three service providers to outsource the management of their balancing responsibilities .


### the responsible system operators shall report at least once per year to the competent regulatory authority on curtailment or downward redispatching of generating installations using renewable energy sources or high - efficiency cogeneration and on measures taken to reduce the need for such curtailment or downward redispatching in the future . curtailment or redispatching of generating installations using renewable energy sources or high - efficiency cogeneration shall be subject to compensation pursuant to paragraph 6 . ### the responsible system operators shall ensure that they efficiently accommodate renewable electricity or high - efficiency cogeneration to deliver union - wide targets , including on greenhouse gas emissions , at least cost as set out in article 51 of the [ electricity directive ] . they must report at least once per year to the competent regulatory authority and acer : - on the level of development and effectiveness of market - based curtailment or redispatching mechanisms for generation and demand - side management ; - on the reasons , volumes and types of technologies subject to curtailment or downward redispatching ; - on measures taken to reduce the need of curtailment or downwards dispatching of generating installations using renewable energy sources or high - efficiency cogeneration ; and - on requests and contractual arrangements made with generating units for them to operate at a certain level of electricity infeed . system operators shall justify the necessity of such arrangements , and in what extent these services could not be provided by other resources ; setting out whether this was in line with the least cost delivery of union - wide targets . where this was not the case , they must set out measures taken to reduce the need for such curtailment or downward redispatching in the future . curtailment or redispatching of generating installations using renewable energy sources or high - efficiency cogeneration shall be subject to payment pursuant to paragraph 6 .


### the commission shall consult relevant stakeholders on its decisions under this article before they are adopted . ### member states and the commission shall consult relevant stakeholders before adopting a decision under this article .


### ' capacity mechanism ' means an administrative measure to ensure the achievement of the desired level of security of supply by remunerating resources for their availability not including measures relating to ancillary services ; ### ' capacity mechanism ' means an administrative measure to ensure the achievement of the necessary level of resource adequacy by remunerating resources for their availability not including measures relating to ancillary services ;


### balancing markets shall be organised in such a way as to ensure effective non - discrimination between market participants taking account of the different technical capability of generation from variable renewable sources and demand side response and storage . ### balancing markets shall be organised in such a way , in particular through product definition , bid size , duration and gate closure , as to ensure effective non - discrimination between market participants taking account of the different technical capability of generation from variable renewable sources , including small decentralised or distributed generation , and individual and aggregated demand side response and storage and taking account of the different ownership of the generation . balancing markets shall allow prequalification for a pool of decentralised resources , rather than individual units .


### bidding zone borders shall be based on long - term , structural congestions in the transmission network and bidding zones shall not contain such congestions . the configuration of bidding zones in the union shall be designed in such a way as to maximise economic efficiency and cross - border trading opportunities while maintaining security of supply . ### bidding zone borders shall be based on long - term , structural congestions in the transmission network and bidding zones shall not contain such congestions . the configuration of bidding zones in the union shall be designed in such a way as to ensure liquidity of day - ahead and intraday markets , and thus to maximise economic efficiency and cross - border trading opportunities while maintaining security of supply . they shall not contain long - term , structural congestions .


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


### participation in the elaboration of network codes pursuant to article 55 . ### contribute to the elaboration of network codes via issuing opinions pursuant to article 55 .


### market rules shall enable the efficient dispatch of generation assets and demand response ; ### market rules shall enable the efficient dispatch of generation assets and demand response , whilst accounting for the ability of individual assets to participate in dispatch mechanisms ;


### 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 .


### the commission shall consult relevant stakeholders on its decisions under this article before they are adopted . ### the member states and the commission shall consult relevant stakeholders before adopting decisions under this article .


### the management board shall be composed of members representing the transmission system operators and of observers representing the regulatory authorities of the system operation region . the representatives of the regulatory authorities shall have no voting rights . ### the management board shall be composed of members representing the transmission system operators .


### is based on appropriate scenarios of projected demand and supply including an economic assessment of the likelihood of retirement , new - build of generation assets and measures to reach energy efficiency targets and appropriate sensitivities on wholesale prices and carbon price developments ; ### is based on appropriate scenarios of projected demand and supply including an economic assessment of the likelihood of retirement , moth - balling , new - build of generation assets and measures to reach energy efficiency and electricity interconnection targets and appropriate sensitivities on wholesale prices and carbon price developments and appropriately takes account of the contribution of all resources and their potential for technological advancement i . e . via monitoring flexibility available in the system , including existing and potential flexibility from generation , demand - side , interconnections and storage . ;


### 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 may be selected amongst generation , storage or demand facilities submitting offers for curtailment or redispatching using market - based mechanisms and be financially fully paid . payment shall amount to the value of the income that the operator would have got from the market and from support mechanism , where applicable , pursuant to paragraph 6 . submission of an offer for curtailment or redispatch shall be voluntary . non - market - based curtailment or redispatching of generation or redispatching of demand response may be used for operational security reasons 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 . market - based redispatch may not be used when it could lead to significant curtailment of electricity generated in installations using renewable sources . regulators shall assess market interest at least every five years . 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 .


### 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 .


### 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 , the eu dso entity and the other relevant stakeholders , establish an annual priority list every three years , identifying the areas set out in paragraph 1 article 8 to be included in the development of network codes .


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


### member states applying capacity mechanisms on [ op : entry into force of this regulation ] shall adapt their mechanisms to comply with articles 18 , 21 and 23 of this regulation . ### member states applying capacity mechanisms on [ op : entry into force of this regulation ] shall adapt their mechanisms to comply with articles 18 , 18a , 21 and 23 of this regulation . without prejudice to the immediate application of the emission limits and flexibility requirements set out in article 23 , by [ two years from the entry into force of this regulation ] , member states shall complete the review of existing capacity mechanisms , and of the related contractual or administrative arrangement , and bring them in compliance with the provisions of this regulation . they shall submit to the commission a detailed report on the results of the review and of the measures taken .


### in order to ensure an optimal bidding zone definition in closely interconnected areas , a bidding zone review shall be carried out . that review shall include analysis of the configuration of bidding zones in a coordinated manner with the involvement of affected stakeholders from all affected member states , following the process in accordance with articles 32 to 34 of regulation 2015 / 1222 . the agency shall approve and may request amendments to the methodology and assumptions that will be used in the bidding zone review process as well as the alternative bidding zone configurations considered . ### in order to ensure an optimal bidding zone definition with liquid day - ahead and intraday markets in closely interconnected areas , a bidding zone review shall be carried outwith the objective to broaden the geographical scope of existing bidding zones and to propose arrangements for a fair cost - allocation of cross - border redispatch and counter - trading . that review shall include analysis of the configuration of bidding zones in a coordinated manner with the involvement of regional operational centers , macro - regional partnerships , affected stakeholders from all affected member states , following the process in accordance with articles 32 to 34 of regulation 2015 / 1222 . the agency shall approve and may request amendments to the methodology and assumptions that will be used in the bidding zone review process as well as the alternative bidding zone configurations considered .


### regional operational centres shall develop a procedure for the adoption of decisions and recommendations . ### with the support of the agency , regional operational centres shall develop a procedure for the adoption of decisions and recommendations .


### when adopting or amending guidelines , the commission shall consult the agency , the entso for electricity and other stakeholders where relevant . ### when adopting or amending guidelines , the commission shall consult the agency , the entso for electricity , the eu dso entity and other stakeholders where relevant


### guarantee the capability of transmission and distribution networks to transmit electricity produced from renewable energy sources or high - efficiency cogeneration with minimum possible curtailment or redispatching . that shall not prevent network planning from taking into account limited curtailment or redispatching where this is shown to be more economically efficient and does not exceed 5 % of installed capacities using renewable energy sources or high - efficiency cogeneration in their area ; ### guarantee the capability of transmission and distribution networks to transmit electricity produced from renewable energy sources or high - efficiency cogeneration in line with the least cost delivery of union wide targets , including climate targets , with minimum possible curtailment or redispatching . that shall not prevent network planning from taking into account limited curtailment or redispatching where they can demonstrate in a transparent way that this is more economically efficient and does not exceed 1 % of installed capacities of installations using renewable energy sources or high - efficiency cogeneration at the connection point ;


### by [ op : twelve months after entry into force ] , the distribution system operators , with the administrative support of the agency , shall submit to the commission and to the agency the draft statutes , a list of registered members , the draft rules of procedure , including the rules of procedures on the consultation with entso for electricity and other stakeholders and the financing rules , of the eu dso entity to be established . ### distribution system operators shall cooperate at union level to contribute to the achievement of the eu climate and energy objectives including the integration of high levels of electricity generated by variable renewable energy sources , to promote the completion and functioning of the internal market in electricity , and to promote optimal management and a coordinated operation of distribution and transmission systems .


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


### 1 . if entso for electricity delegates this function , regional operational centres shall identify regional crisis scenarios in accordance with the criteria set out in article 6 of [ risk preparedness regulation as proposed by com 862 ] ### 1 . regional operational centres shall identify regional crisis scenarios for their respective regions in accordance with the criteria laid down in article 6 of regulation [ risk preparedness regulation ] . the scenarios shall be identified on the basis of risks for each region , such as extreme weather conditions , natural disasters , fuel shortages or malicious attacks . the scenarios shall provide the basis for the regional parts of the national risk - preparedness plans .


### there shall be no maximum limit of the wholesale electricity price unless it is set at the value of lost load as determined in accordance with article 10 . there shall be no minimum limit of the wholesale electricity price unless it is set at a value of minus 2000 &#8364 ; or less and , in the event that it is or anticipated to be reached , set at a lower value for the following day . this provision shall apply , inter alia , to bidding and clearing in all timeframes and include balancing energy and imbalance prices . ### there shall be no maximum nor minimum limit of the wholesale electricity price . this provision shall apply , inter alia , to bidding and clearing in all time frames and include balancing energy and imbalance prices .


### 90 % of the net revenues from the sale of electricity on the day - ahead market that the generating or demand facility would have generated without the curtailment or redispatching request . where financial support is granted to generating or demand facilities based on the electricity volume generated or consumed , lost financial support shall be deemed part of the net revenues . ### 100 % of the net revenues from the sale of electricity on the day - ahead market that the generating or demand facility would have generated without the curtailment or redispatching request . where financial support is granted to generating or demand facilities based on the electricity volume generated or consumed , lost financial support shall be deemed part of the net revenues and compensated at 100% . the full compensation shall be settled within a reasonable timeframe after the curtailment has occurred . this paragraph shall apply to installations using a high - efficiency cogeneration process within the limit of the share of renewable energy sources in the fuel they use .


### tasks related to the seasonal adequacy outlooks if and to the extent they are delegated to the regional operational centres pursuant to article 9 of [ regulation on risk preparedness as proposed by com 862 ] ; ### tasks related to the seasonal adequacy outlooks pursuant to article 9 of [ regulation on risk preparedness as proposed by com 862 ] ;


### regional operational centres shall adopt recommendations addressed to the transmission system operators for the functions referred to in points to and to of article 34 . ### regional operational centres shall adopt recommendations addressed to the transmission system operators for the functions listed in article 34 which are not referred to in paragraph 2 of this article . every 6 months , regional operational centres shall publish a comprehensive report presenting all cases where decisions and recommendations where not applied , and detailing proposals for improving the procedures .


### bidding zone borders shall be based on long - term , structural congestions in the transmission network and bidding zones shall not contain such congestions . the configuration of bidding zones in the union shall be designed in such a way as to maximise economic efficiency and cross - border trading opportunities while maintaining security of supply . ### bidding zone borders shall be based on long - term , structural congestions in the transmission network and bidding zones shall not contain such congestions . the configuration of bidding zones in the union shall be designed in such a way as to ensure liquidity of day - ahead and intraday markets , and thus to maximise economic efficiency and cross - border trading opportunities while maintaining security of supply . they shall not contain long - term , structural congestions .


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


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


### all market participants shall have access to the balancing market , be it individually or through aggregation . balancing market rules and products shall respect the need to accommodate increasing shares of variable generation as well as increased demand responsiveness and the advent of new technologies . ### all market participants shall have access to the balancing market , be it individually or through aggregation . balancing market rules and products shall respect the need to accommodate increasing shares of variable generation including small decentralised or distributed generation , as well as increased demand responsiveness and the advent of new technologies .


### the decision to deploy liaison officers to third countries shall be subject to receiving a prior opinion of the commission , and the european parliament shall be fully informed of those activities as soon as possible . ### the decision to deploy liaison officers to third countries shall be subject to receiving a prior opinion of the commission , and the european parliament shall receive this opinion and shall be fully informed of those activities without delay .


### 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 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 agency should carry out a vulnerability assessment to assess the capacity of the member states to face challenges at their external borders , including by assessing the equipment and resources of member states as well as their contingency plans to address possible crises at the external borders . member states should take corrective action to address any deficiencies identified in that assessment . the executive director , on the advice of a supervisory board created within the european border and coast guard agency , should identify the measures to be taken by the member state concerned and should set a time - limit within which those measures should be taken . that decision should be binding on that member state and where the necessary measures are not taken within the set time - limit , the matter needs to be referred to the management board for a further decision . ### the european border and coast guard agency should carry out a vulnerability assessment , based on objective criteria , to assess the capacity of the member states to face challenges at their external borders and respect for fundamental rights therein , including by assessing the equipment and resources of member states as well as their contingency plans to address possible crises at the external borders , their performance regarding the facilitation of regular border crossing and their ability to save lives and prevent death at sea , the existence of a well - functioning mechanisms for the protection of fundamental rights and the referral of persons who might be in need of international protection . member states should take corrective action to address any deficiencies identified in that assessment . the executive director should identify the measures to be taken . where the necessary measures are not taken , the matter needs to be referred to the management board for a further recommendation .


### return of third - country nationals illegally staying on the territory of the member states ; ### return of third - country nationals irregularly staying on the territory of 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 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 .


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


### 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 .


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


### the agency shall inform the european parliament of the activities referred to in paragraphs 2 and 3 . ### the agency shall publish its agreements and working arrangements with third countries on its website . the agency shall report to the european parliament at least every three months on its cooperation with third countries . a detailed assessment of the cooperation with third countries , including detailed information on compliance with fundamental rights and international protection , shall be included into the annual report of the agency .


### 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 .


### the executive director , in coordination with other relevant union agencies , shall assess the request for assistance of a member state and the assessment of its needs for the purpose of defining a comprehensive reinforcement package consisting of various activities coordinated by the relevant union agencies to be agreed upon by the member state concerned . ### the executive director , in coordination with the european asylum support office and other relevant union agencies , shall assess the request for assistance of a member state . the executive director , in coordination with the european asylum support office and other relevant union agencies , shall forward their assessment of the needs of the member state to the commission who shall define a comprehensive reinforcement package consisting of various activities coordinated by the relevant union agencies to be agreed upon by the member state concerned .


### 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 ;


### cooperate with the european fisheries control agency and the european maritime safety agency to support the national authorities carrying out coast guard functions by providing services , information , equipment and training , as well as by coordinating multipurpose operations ; ### cooperate with the european fisheries control agency and the european maritime safety agency , each within their mandate , to support the national authorities carrying out coast guard functions , including the saving of lives of migrants and refugees , by providing services , information , equipment and training , as well as by coordinating multipurpose operations ;


### 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 .


### the executive director shall adopt a decision setting out the necessary corrective measures to be taken by the member state concerned , including by using resources under the union financial instruments . the decision of the executive director shall be binding on the member state and shall lay down the time - limit within which the measures are to be taken . ### the executive director shall , on the basis of the vulnerability assessment and taking into account the agency’s risk analysis , adopt a recommendation setting out the necessary corrective measures to be taken by the member state concerned , including by using resources under the union financial instruments . the recommendation of the executive director shall lay down the time - limit within which the measures are to be taken .


### in order to safeguard the interest of the complainants , complaints shall be dealt with confidentially unless the complainant waives his or her right to confidentiality . for complainants who waive their right to confidentiality , it is understood that he or she consents to the fundamental rights officer or the agency disclosing his or her identity in relation to the matter under complaint . ### in order to safeguard the interest of the complainants , complaints shall be dealt with confidentially unless the complainant waives his or her right to confidentiality . any waiver of confidentiality shall be valid only where given by a freely given , specific , informed and unambiguous indication of the complainant ' s wishes . the agency shall be able to demonstrate that the confidentiality was waived . for complainants who waive their right to confidentiality , it is understood that he or she consents to the fundamental rights officer or the agency disclosing his or her identity to the competent authority and the relevant authority or body competent for fundamental rights of the relevant member state in relation to the matter under complaint .


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


### 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 paragraphs 1 , 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 the treaties .


### having regard to the increasing migratory pressures at the external borders , to the necessity of ensuring a high level of internal security within the union and to safeguard the functioning of the schengen area as well as the overarching principle of solidarity , it is necessary to reinforce the management of the external borders by building on the work of frontex and further develop it into an agency with a shared responsibility for the management of the external borders . ### having regard to the increasing migratory pressures at the external borders , to the high death toll in the mediterranean sea , to the necessity of controlling the borders effectively and thereby contributing to a high level of internal security within the union and to safeguard the functioning of the schengen area as well as the overarching principle of solidarity , it is necessary to reinforce the management of the external borders by building on the work of frontex and further develop it into an agency with a shared responsibility for the management of the external borders including the rescue of persons in distress at sea .


### personal data regarding persons who are suspected , on reasonable grounds , by the competent authorities of the member states of involvement in cross - border criminal activities , including in facilitating irregular immigration activities , in trafficking in human beings or terrorism ; ### personal data regarding persons who are suspected , on reasonable grounds , by the competent authorities of the member states of involvement in cross - border criminal activities , including in migrant smuggling or in trafficking in human beings ;


### the screening of third - country nationals arriving at the external borders , including the identification , registration , and debriefing of those third - country nationals and , where requested by the member state , the fingerprinting of third - country nationals ; ### the screening of third - country nationals arriving at the external borders , including the identification , registration , and debriefing of those third - country nationals and , where requested by the member state , the fingerprinting of third - country nationals in full compliance with fundamental rights and providing information regarding the purpose and outcomes of all procedures ;


### in circumstances requiring increased technical and operational assistance , the agency may coordinate operational cooperation between member states and third countries in the field of management of external borders , and it shall have the possibility of carrying out joint operations at the external borders involving one or more member states and a third country neighbouring at least one of those member states , subject to the agreement of that neighbouring third country , including on the territory of that third country . the commission shall be informed of such activities . ### in circumstances requiring increased technical and operational assistance , the agency may coordinate operational cooperation between member states and neighbouring third countries in the field of management of external borders , and it shall have the possibility of carrying out joint operations at the external borders involving one or more member states and a neighbouring third country which shares a land border to at least one of those member states and which ratified and implement in full the european convention on human rights and the 1951 convention relating to the status of refugees and the 1967 protocol thereto , subject to the agreement of that neighbouring third country , including on the territory of that third country . operations shall be carried out on the basis of an operational plan agreed also by the member state bordering the operational area . the participation of member states in joint operations on the territory of third countries shall be on a voluntary basis .


### the decision to deploy liaison officers to third countries shall be subject to receiving a prior opinion of the commission , and the european parliament shall be fully informed of those activities as soon as possible . ### the decision to deploy liaison officers to third countries shall be subject to receiving a prior opinion of the commission , and the european parliament shall receive this opinion and shall be fully informed of those activities without delay .


### 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 .


### the executive director , in coordination with other relevant union agencies , shall assess the request for assistance of a member state and the assessment of its needs for the purpose of defining a comprehensive reinforcement package consisting of various activities coordinated by the relevant union agencies to be agreed upon by the member state concerned . ### the executive director , in coordination with the european asylum support office and other relevant union agencies , shall assess the request for assistance of a member state . the executive director , in coordination with the european asylum support office and other relevant union agencies , shall forward their assessment of the needs of the member state to the commission who shall define a comprehensive reinforcement package consisting of various activities coordinated by the relevant union agencies to be agreed upon by the member state concerned . teams shall , as a rule , include proportionate fundamental rights and child protection experts .


### a european border and coast guard is hereby set up to ensure a european integrated border management at the external borders with a view to managing migration effectively and ensuring a high level of internal security within the union , while safeguarding the free movement of persons therein . ### a european border and coast guard is hereby set up to ensure a european integrated border management at the external borders with a view to controlling the borders effectively and thereby contributing to a high level of internal security within the union , and to ensure the protection and saving the lives of migrants and refugees in full compliance with the principle of non - refoulement and fundamental rights , while safeguarding the free movement of persons therein .


### 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 .


### in circumstances where member states are facing a heavy burden when implementing the obligation to return illegally staying third - country nationals in accordance with directive 2008 / 115 / ec , the agency shall , upon request of one or more member states , provide the appropriate technical and operational assistance in the form of a return intervention . such intervention may consist in the deployment of european return intervention teams to the host member states and the organisation of return operations from the host member states . member states shall regularly inform the agency of their needs for technical and operational assistance , and the agency shall draw up a rolling plan for return interventions on this basis . ### in circumstances where member states are facing a heavy burden when implementing the obligation to return irregularly staying third - country nationals in accordance with directive 2008 / 115 / ec , the agency shall , upon request of one or more member states , provide the appropriate technical and operational assistance in the form of a return intervention . such intervention may consist in the deployment of european return intervention teams to the host member states and the organisation of return operations from the host member states . member states shall regularly inform the agency of their needs for technical and operational assistance , and the agency shall draw up a rolling plan for return interventions on this basis . at least a member state representative and a forced return monitor from the pool established under article 28 shall be present throughout the entire return intervention until arrival at the third country of return .


### 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 within the union and is a fundamental component of an area of freedom , security and justice . european integrated border management is central to controlling the borders effectively and thereby contributing to a high level of internal security within the union , and to ensure the protection and saving the lives of migrants and refugees in full compliance with the principle of non - refoulement and fundamental rights . it should facilitate legitimate travel , ensure a high level of safety at the external borders and access for persons in need of international protection .


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


### 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 .


### in the performance of its tasks , in its relations with member states and in its cooperation with third countries , the agency shall take into account the reports of the consultative forum and the fundamental rights officer . ### in the performance of all its tasks , including the further development and implementation of an effective mechanism to monitor the respect for fundamental rights , in its relations with member states and in its cooperation with third countries , the agency shall ensure appropriate follow - up to the reports of the consultative forum and the fundamental rights officer . the agency shall inform the consultative forum and fundamental rights officer whether and how it has altered its approach as a response to the reports and recommendations of these bodies and include details in its annual report .


### 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 . ### where member states face disproportionate migratory pressures characterised by large influxes of mixed migratory flows , the member states should be able to rely on the increased operational and technical reinforcement in hotspot areas 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 .


### the agency shall inform the european parliament of the activities referred to in paragraphs 2 and 3 . ### the agency shall publish its agreements and working arrangements with third countries on its website . the agency shall report to the european parliament at least every three months on its cooperation with third countries . a detailed assessment of the cooperation with third countries , including detailed information on compliance with fundamental rights and international protection , shall be included into the annual report of the agency .


### 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 .


### have access to national and european information systems available in the national coordination centre , on condition that he or she complies with the national and eu security and data protection rules ; ### have access , where necessary , to european information systems available in the national coordination centre , on condition that he or she complies with the national and eu security and data protection rules ;


### 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 .


### the report of the liaison officer shall form part of the vulnerability assessment referred to in article 12 . ### the report of the liaison officer shall form part of the vulnerability assessment referred to in article 12 . the report shall be transmitted to the member state concerned .


### the agency shall deploy border guards and other relevant staff as members of the european border and coast guard teams to joint operations , rapid border interventions and in the framework of the migration management support teams . the agency may also deploy experts from its own staff . ### the agency shall deploy border guards and other relevant staff as members of the european border and coast guard teams to joint operations , rapid border interventions and in the framework of the migration management support teams . the agency may also deploy experts from its own staff . only border guards , experts and staff who have received training in accordance with article 35 of this regulation shall be deployed to an activity by the agency .


### technical and operational assistance in the field of return , including the preparation and organisation of return operations . ### technical and operational assistance in the field of return , including the preparation and organisation of return operations in full respect of fundamental rights , due process and the principle of non - refoulement .


### the executive director shall withdraw the financing of a joint operation or a rapid border intervention , or suspend or terminate , in whole or in part , a joint operation or rapid border intervention if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist . ### the executive director shall withdraw the financing of a joint operation , a rapid border intervention , a pilot project , migration management support teams , a return operation , return intervention or working arrangement or suspend or terminate , in whole or in part , a joint operation , rapid border intervention , a pilot project , migration management support teams , return operation , return intervention or working arrangement if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist . based on recommendations by the fundamental rights officer , after consulting the consultative forum and other relevant actors , the executive director shall adopt criteria for withdrawing the financing , the suspension or the termination of an activity by the agency . the findings of the fundamental rights officer in the framework of the complaint mechanism shall be taken into account . the fundamental rights officer may recommend the withdrawing the financing , the suspension or the termination of an activity .


### 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 .


### where a member state does not take the necessary corrective measures in accordance with a decision of the management board referred to in article 12 or in the event of disproportionate migratory pressure at the external border , rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the schengen area , the commission , after consulting the agency , may adopt a decision by means of an implementing act , identifying the measures to be implemented by the agency and requiring the member state concerned to cooperate with the agency in the implementation of those measures . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 79 . ### where a member state does not take the necessary corrective measures in accordance with a decision of the management board referred to in article 12 or in the event of disproportionate migratory pressure at the external border , rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the schengen area , the commission , after consulting the agency , may recommend , by means of an implementing act , the measures to be implemented by the agency and recommending 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 .


### ‘ returnee’ means an illegally staying third - country national subject to a return decision ; ### ‘ returnee’ means an irregularly staying third - country national subject to a return decision ;


### 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 executive director , in coordination with other relevant union agencies , shall assess the request for assistance of a member state and the assessment of its needs for the purpose of defining a comprehensive reinforcement package consisting of various activities coordinated by the relevant union agencies to be agreed upon by the member state concerned . ### the executive director , in coordination with the european asylum support office and other relevant union agencies , shall assess the request for assistance of a member state . the executive director , in coordination with the european asylum support office and other relevant union agencies , shall forward their assessment of the needs of the member state to the commission who shall define a comprehensive reinforcement package consisting of various activities coordinated by the relevant union agencies to be agreed upon by the member state concerned .


### to ensure the implementation of the commission decision referred to in article 18 ; ### to ensure the implementation of the commission recommendation in accordance with article 18 ;


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


### the executive director shall be appointed by the management board on the grounds of merit and documented high - level administrative and management skills , as well as senior professional experience in the field of management of the external borders and return . the management board shall take its decision by a two - thirds majority of all members with a right to vote . ### the executive director shall be appointed by the management board on the grounds of merit and documented high - level administrative and management skills , as well as senior professional experience in the field of management of the external borders and return . the management board shall take its decision by a two - thirds majority of all members with a right to vote . the european parliament shall confirm the appointment of the executive director , after having heard the candidate .


### 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 fundamental rights officer shall be consulted on the operational plans drawn up in accordance with articles 15 , 16 and 32 and shall have access to all information concerning respect for fundamental rights , in relation to all the activities of the agency . ### the fundamental rights officer shall be consulted , inter alia , on the operational plans drawn up in accordance with articles 15 , 16 , 27 and 32 , on the operations of the agency in the context of migration management support teams , on vulnerability assessments , codes of conduct , cooperation with third countries , the withdrawing of the financing , the suspension or termination of an activity of the agency and training curricula and shall have access to all information concerning respect for fundamental rights , in relation to all the activities of the agency , including by carrying out on spot visits to any joint operation , rapid border intervention , pilot project , migration management support teams , return operation or return intervention , including in third countries . the fundamental rights officer shall be responsible for establishing , further developing and implementing the complaint mechanism .


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


### 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 .


### personal data regarding persons who cross the external borders illegally and whose data is collected by the european border and coast guard teams , including when acting in the framework of the migration management support teams ; ### personal data regarding persons who cross the external borders irregularly and whose data is collected by the european border and coast guard teams , including when acting in the framework of the migration management support teams ;


### 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 order to safeguard the interest of the complainants , complaints shall be dealt with confidentially unless the complainant waives his or her right to confidentiality . for complainants who waive their right to confidentiality , it is understood that he or she consents to the fundamental rights officer or the agency disclosing his or her identity in relation to the matter under complaint . ### in order to safeguard the interest of the complainants , complaints shall be dealt with confidentially unless the complainant waives his or her right to confidentiality . any waivers of confidentiality shall be valid only where given freely by a specific , informed and unambiguous indication of the complainant ' s wishes . the agency shall be able to demonstrate that the confidentiality was waived . for complainants who waive their right to confidentiality , it is understood that he or she consents to the fundamental rights officer or the agency disclosing his or her identity to the competent authority and the relevant authority or body competent for fundamental rights of the relevant member state in relation to the matter under complaint .


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


### the european border and coast guard agency should carry out a vulnerability assessment to assess the capacity of the member states to face challenges at their external borders , including by assessing the equipment and resources of member states as well as their contingency plans to address possible crises at the external borders . member states should take corrective action to address any deficiencies identified in that assessment . the executive director , on the advice of a supervisory board created within the european border and coast guard agency , should identify the measures to be taken by the member state concerned and should set a time - limit within which those measures should be taken . that decision should be binding on that member state and where the necessary measures are not taken within the set time - limit , the matter needs to be referred to the management board for a further decision . ### the european border and coast guard agency should carry out a vulnerability assessment , based on objective criteria , to assess the capacity of the member states to face challenges at their external borders and respect for fundamental rights therein , including by assessing the equipment and resources of member states as well as their contingency plans to address possible crises at the external borders , their performance regarding the facilitation of regular border crossing and their ability to save lives and prevent death at sea , the existence of a well - functioning mechanisms for the protection of fundamental rights and the referral of persons who might be in need of international protection . member states should take corrective action to address any deficiencies identified in that assessment . the executive director should identify the measures to be taken . where the necessary measures are not taken , the matter needs to be referred to the management board for a further recommendation .


### within the framework of the external relations policy of the union , priority for deployment of liaison officers shall be given to those third countries which , on the basis of risk analysis , constitute a country of origin or transit regarding irregular immigration . on a reciprocal basis the agency may receive liaison officers posted by those third countries . the management board shall adopt , on a proposal of the executive director the list of priorities on a yearly basis . the deployment of liaison officers shall be approved by the management board . ### within the framework of the external relations policy of the union , priority for deployment of liaison officers shall be given to those third countries which , on the basis of risk analysis , constitute a country of origin or transit regarding irregular immigration . on a reciprocal basis the agency may receive liaison officers posted by those third countries . the management board shall adopt , on a proposal of the executive director the list of priorities on a yearly basis . the deployment of liaison officers shall be approved by the management board . liaison officers shall only be deployed to third countries in which border management practices comply with minimum human rights standards .


### a european border and coast guard is hereby set up to ensure a european integrated border management at the external borders with a view to managing migration effectively and ensuring a high level of internal security within the union , while safeguarding the free movement of persons therein . ### a european border and coast guard is hereby set up to ensure a european integrated border management at the external borders with a view to controlling the borders effectively and thereby contributing to a high level of internal security within the union , and to ensure the protection and saving the lives of migrants and refugees in full compliance with the principle of non - refoulement and fundamental rights , while safeguarding the free movement of persons therein .