### the objective of this decision is to strengthen the integration and alignment of research and innovation systems and activities in the mediterranean countries in the fields of water provision and food systems . the scale of the research and innovation necessary to address the challenges in the mediterranean area is immense due to the systemic character of the major bottlenecks . the scope of research and innovation is complex , multidisciplinary and requires a multi - actor and cross - border approach . a collaborative approach with a wide set of participating states can help to increase the required scale and scope , by pooling financial and intellectual resources . since the objective can therefore be better achieved at union level by integrating national efforts into a consistent union approach , by bringing together compartmentalised national research programmes , by helping design common research and funding strategies across national borders , and by achieving the critical mass of actors and investments required , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this decision does not go beyond what is necessary in order to achieve those objectives . ### the objective of this decision is to strengthen the integration and alignment of research and innovation systems and activities in the mediterranean countries in the fields of water provision and food systems . the scale of the research and innovation necessary to address the challenges in the mediterranean area is immense due to the systemic character of the major bottlenecks . meanwhile , relevant results should be able to serve as a model in other , drought - hit areas of the union . the scope of research and innovation is complex , multidisciplinary and requires a multi - actor and cross - border approach . a collaborative approach with a wide set of participating states can help to increase the required scale and scope , by pooling financial and intellectual resources . since the objective can therefore be better achieved at union level by integrating national efforts into a consistent union approach , by bringing together compartmentalised national research programmes , by helping design common research and funding strategies across national borders , and by achieving the critical mass of actors and investments required , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this decision does not go beyond what is necessary in order to achieve those objectives .


### the orientation of all national r&i programmes towards the implementation of the strategic agenda ; ### the orientation of all national research and innovation programmes towards the implementation of the strategic research and innovation agenda and the coordination of those programmes ;


### the commitment by each participating state to contribute to the financing of prima ; ### the commitment by each participating state to contribute to the financing of prima with an adequate percentage of the total effort ;


### the establishment of a governance model for prima in accordance with article 12 ; ### the establishment of an efficient governance model for prima in accordance with article 12 ;


### research and innovation actions , as well as innovation actions , including demonstrators , pilot plants , testing , pre - commercial deployment , addressing in particular the higher technology readiness levels ; ### research and innovation actions , as well as innovation actions , including demonstrators , pilot plants , testing , pre - commercial deployment , addressing low to high technology readiness levels ;


### the proposals shall be selected following transnational calls for proposals and through a two - step procedure . step 1 shall consist of a review at national or transnational level of proposals submitted by legal entities eligible for funding under the relevant national programmes . step 2 shall consist of a single independent international peer review organised by the prima - is . under step 2 , the proposals shall be evaluated with the assistance of at least three independent experts , on the basis of the following award criteria : excellence , impact , quality and efficiency of the implementation . ### the proposals shall be selected following transnational calls for proposals and through a two - step procedure . step 1 shall consist of a review at national or transnational level of proposals submitted by legal entities eligible for funding under the relevant national programmes . step 2 shall consist of a single independent international peer review organised by the prima - is . under step 2 , the proposals shall be evaluated with the assistance of at least three independent experts , on the basis of the following selection and award criteria : relevance , scientific and technological excellence , impact , scientific quality and efficiency of the implementation .


### the bodies of the prima - is shall include : ### the bodies of the prima - is specifically geared to efficiency shall include :


### the prima - is shall be governed by the general assembly , in which all participating states are represented . the general assembly shall be the decision - making body of prima - is . ### the prima - is shall be governed by the general assembly , in which all participating states are represented . the general assembly shall be the decision - making body of prima - is . ordinary and extraordinary general meetings shall be held . ordinary general meetings shall be called at least once a year , within four months from the end of the financial year , while extraordinary general meetings shall be called whenever necessary .


### the general assembly shall determine the number of management board members , which shall not be less than five , and shall appoint them . the management board shall supervise the secretariat of the prima - is . ### the general assembly shall determine the number of management board members , which shall not be less than five . the management board shall be elected for a four - year renewable term . the management board shall meet at least every three months or whenever deemed necessary . the management board shall supervise the secretariat of the prima - is .


### over the period covered by this decision , the eib should endeavour to sustain the current high level of climate - relevant operations , while the minimum volume of those operations shall represent at least 25 % of the total eib financing operations . ### over the period covered by this decision , the eib should endeavour to sustain a high level of climate - relevant operations , the volume of which shall represent at least 25 % of the total eib financing operations outside the union , gradually increasing this target to at least 35 % by 2020 .


### separate collection of waste from ships , including derelict fishing gear , is necessary to ensure its further recovery in the downstream waste management chain . garbage is often segregated on board of ships in accordance with international norms and standards and union legislation should ensure that these efforts of on - board waste segregation are not undermined by a lack of arrangements for separate collection on shore . ### separate collection of waste from ships , including derelict fishing gear , is necessary to ensure its further recovery in the downstream waste management chain . garbage is segregated on board of ships in accordance with international norms and standards . the union legislation ensure that these efforts of on - board waste segregation are not undermined by a lack of arrangements for separate collection on shore .


### ‘ waste from ships’ means all waste , including cargo residues , which is generated during the service of a ship or during loading , unloading and cleaning operations , or waste that is collected in nets during fishing operations , and falls under the scope of annexes i , ii , iv , v and vi to marpol ; ### ' waste from ships’ means all waste , including cargo residues , which is generated during the service of a ship , a fixed or floating platform , or during loading , unloading and cleaning operations , or waste that is collected in nets during fishing operations , and falls under the scope of annexes i , ii , iv , v and vi to marpol ;


### an appropriate waste reception and handling plan shall be in place and implemented for each port following ongoing consultations with the relevant parties , in particular with port users or their representatives . those consultations should be held both during the initial drafting of the plans and after their adoption , in particular when significant changes have taken place , with regards to the requirements in articles 4 , 6 , and 7 . the detailed requirements for the development of such plans are set out in annex 1 . ### an appropriate waste reception and handling plan shall be in place and implemented for each port following ongoing consultations with the relevant parties , including with port users or their representatives and civil society . those consultations should be held both during the initial drafting of the plans and after their adoption , in particular when significant changes have taken place , with regards to the requirements in articles 4 , 6 , and 7 . the detailed requirements for the development of such plans are set out in annex 1 .


### the master of a ship calling at a union port shall , before leaving the port , deliver all the waste carried on board of the ship to a port reception facility in accordance with the relevant discharge norms laid down in the marpol convention . ### the master of a ship calling at a union port shall not discharge waste at sea before arriving to the port , and shall deliver all the waste carried on board of the ship to a union port reception facility in accordance with the relevant discharge norms laid down in the marpol convention . the master of an offshore platform shall send all waste produced on the fixed or floating platform to a port reception facility at regular intervals .


### the indirect fee shall not cover the waste from exhaust gas cleaning systems , the costs of which shall be covered on the basis of the types and quantities of waste delivered . ### the indirect fee of subparagraph shall not cover hazardous waste ;


### the fees may be differentiated with respect to , inter alia , the category , type and size of the ship and the type of traffic the ship is engaged in , as well as with respect to services provided outside normal operating hours in the port . ### the fees may be differentiated with respect to , inter alia , the category , type and size of the ship and the type of traffic the ship is engaged in , the hazardous nature and risk of the waste , as well as with respect to services provided outside normal operating hours in the port .


### member states shall ensure that any ship may be subject to an inspection in order to verify that it complies with the requirements of this directive . ### member states shall ensure that any ship may be subject to inspections , including random ones , in order to verify that it complies with the requirements of this directive .


### as regards inspections of ships falling outside the scope of directive 2009 / 16 / ec , member states shall ensure that inspections are carried out of at least 20 % of the total number of the individual vessels for each category listed below : ### as regards inspections of ships falling outside the scope of directive 2009 / 16 / ec , member states shall ensure that inspections are carried out of at least 20 % of the total number of the individual vessels per year for each category listed below :


### as regards inspections of ships falling outside the scope of directive 2009 / 16 / ec , member states shall ensure that inspections are carried out of at least 20 % of the total number of the individual vessels for each category listed below : ### as regards inspections of ships falling outside the scope of directive 2009 / 16 / ec , member states shall ensure that inspections are carried out of at least 25 % of the total number of the individual vessels for each category listed below :


### member states shall lay down of the rules on penalties applicable to infringements of national provisions adopted pursuant to this directive and shall take all the measures necessary to ensure that they are implemented . the penalties provided for shall be effective , proportionate and dissuasive . ### member states shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this directive and shall take all the measures necessary to ensure that they are implemented . the penalties provided for shall be effective , proportionate and dissuasive and shall have regard to the seriousness of the infringement and whether a similar infringement has previously been committed by the authority , operator , agent , master or other relevant party concerned .


### the commission shall provide for the organisation of exchanges of experience between the member states’ national authorities and experts , including those from the private sector , on the application of this directive in union ports . ### the commission shall provide for the organisation of exchanges of experience between the member states’ national authorities and experts , including those from the private sector , civil society and trade unions , on the application of this directive in union ports .


### the commission shall evaluate this directive and submit the results of the evaluation to the european parliament and the council no later than seven years after its entry into force . ### the commission shall evaluate this directive and submit the results of the evaluation to the european parliament and the council no later than four years after its entry into force .


### categories of costs for the operation and administration of prf ### categories of costs for the operation and administration of port reception facilities


### the internal market comprises an area without internal frontiers in which the free movement of goods is ensured in accordance with the provisions of the treaties . quantitative restrictions on imports and all measures having equivalent effect are prohibited between member states . that prohibition covers any national measure which is capable of hindering , directly or indirectly , actually or potentially , intra - union trade in goods . free movement of goods is ensured in the internal market by harmonisation of rules at union level setting common requirements for the marketing of certain goods or , for goods or aspects of goods not covered by union harmonisation rules , by the application of the principle of mutual recognition . ### the internal market comprises an area without internal frontiers in which the free movement of goods is ensured in accordance with the provisions of the treaties . quantitative restrictions on imports and all measures having equivalent effect are prohibited between member states . that prohibition covers any national measure which is capable of hindering , directly or indirectly , actually or potentially , intra - union trade in goods . free movement of goods is ensured in the internal market by harmonisation of rules at union level setting common requirements for the marketing of certain goods or , for goods or aspects of goods not covered by union harmonisation rules , by the application of the principle of mutual recognition as defined by the court of justice of the european union1a . _________________ 1a this principle originated in its judgment of 20 february 1979 , rewe - zentral , aff . 120 / 78 and it is now fully recognised .


### the principle of mutual recognition derives from the case - law of the court of justice of the european union . according to this principle , member states may not prohibit the sale on their territory of goods which are lawfully marketed in another member state , even where the goods have been produced or manufactured in accordance with different technical rules . but the principle is not absolute . member states can oppose the marketing of goods lawfully marketed elsewhere , when such restrictions are justified on the grounds set out in article 36 of the treaty or on the basis of other overriding reasons of public interest , and which in either case are proportionate to the aim pursued . ### the principle of mutual recognition derives from the case - law of the court of justice of the european union . according to this principle , member states may not prohibit the sale on their territory of goods which are lawfully marketed in another member state , even where the goods have been produced or manufactured in accordance with different technical rules . but the principle is not absolute . member states can oppose the marketing of goods lawfully marketed elsewhere , when such restrictions are justified on the grounds set out in article 36 of the treaty or on the basis of other overriding reasons of public interest , and which in either case are proportionate to the aim pursued . this regulation imposes the obligation to clearly justify why market access is refused .


### the evidence required to demonstrate that goods are lawfully marketed in another member state varies significantly from member state to member state . this causes unnecessary burdens delays and additional costs for economic operators , while preventing national authorities from obtaining the information necessary for assessing the goods in a timely manner . this may inhibit application of the mutual recognition principle . it is therefore essential to make it easier for economic operators to demonstrate that their goods are lawfully marketed in another member state . economic operators should be able to benefit from a process of self - declaration , which should provide competent authorities with all necessary information on the goods and on their compliance with the rules applicable in that other member state . the use of the declaration does not prevent national authorities from taking a decision restricting market access , on the condition that such a decision is proportionate and respects the mutual recognition principle and this regulation . ### the evidence required to demonstrate that goods are lawfully marketed in another member state varies significantly from member state to member state . this causes unnecessary burdens delays and additional costs for economic operators , while preventing national authorities from obtaining the information necessary for assessing the goods in a timely manner . this may inhibit application of the mutual recognition principle . it is therefore essential to make it easier for economic operators to demonstrate that their goods are lawfully marketed in another member state . economic operators should benefit from a process of self - declaration , which should provide competent authorities with all necessary information on the goods and on their compliance with the rules applicable in that other member state . the use of the declaration does not prevent national authorities from taking a decision restricting market access , on the condition that such a decision is proportionate and respects the mutual recognition principle and this regulation .


### in order to ensure that the information provided in a mutual recognition declaration is comprehensive , a harmonised structure for such declarations should be laid down for use by economic operators wishing to make such declarations . ### in order to ensure that the information provided in a mutual recognition declaration is comprehensive and truthful , a harmonised structure for such declarations should be laid down for use by economic operators wishing to make such declarations .


### in order to enhance the efficiency and competitiveness of businesses operating in the non - harmonised area , it should be possible to benefit from new information technologies for the purposes of facilitating the provision of the mutual recognition declaration . therefore , economic operators should be able to make their declaration available online . ### in order to enhance the efficiency and competitiveness of businesses operating in the non - harmonised area , it should be possible to benefit from new information technologies for the purposes of facilitating the provision of the mutual recognition declaration . therefore , economic operators should be able to make their declaration available online and in a secure way .


### where producers decide not to make use of the mutual recognition declaration mechanism , it should be for the member state to request the information that it considers necessary for the assessment of the goods , taking due account of the principle of proportionality . ### where producers decide not to make use of the mutual recognition declaration mechanism , it should be for the member state to request the information that it considers necessary for the assessment of the goods , taking due account of the principle of proportionality . the use of the declaration does not prevent national authorities from taking a decision restricting the access to market in accordance with european law .


### in order to facilitate the free movement of goods , product contact points should be required to provide information , free of charge , on their national technical rules and the application of the principle of mutual recognition . product contact points should be adequately equipped and resourced . in accordance with regulation [ single digital gateway – com256 ] they should provide information through a website and be subject to the quality criteria required by that regulation , and be subject to the quality criteria set out in that regulation . ### in order to facilitate the free movement of goods , product contact points should be required to provide , up to a reasonable level , information free of charge on their national technical rules and the application of the principle of mutual recognition . product contact points should be adequately equipped and resourced . in accordance with regulation [ single digital gateway – com256 ] they should provide information through a website and be subject to the quality criteria required by that regulation , and be subject to the quality criteria set out in that regulation .


### cooperation between competent authorities is essential for the smooth functioning of the mutual recognition principle and for creating a mutual recognition culture . product contact points and national competent authorities should therefore be required to cooperate and exchange information and expertise in order to ensure a correct and consistent application of the principle and of this regulation . ### cooperation between competent authorities is necessary for the smooth functioning of the mutual recognition principle and for creating a mutual recognition culture . product contact points and national competent authorities should therefore be required to cooperate and exchange information and expertise in order to ensure a correct and consistent application of the principle and of this regulation .


### within the mutual recognition declaration , the specific information related to the marketing of the goods or type of goods may , however , be filled in by any economic operator . ### within the lawful marketing declaration regarding mutual recognition , the specific information related to the marketing of the goods or type of goods may , however , be filled in by any economic operator .


### economic operators shall be responsible for the content and accuracy of the information that they themselves provide in the mutual recognition declaration . ### economic operators shall be responsible for the content and accuracy of the information that they themselves provide in the lawful marketing declaration regarding mutual recognition . fraudulent declarations shall be prosecuted in accordance with national laws .


### economic operators shall be responsible for the content and accuracy of the information that they themselves provide in the mutual recognition declaration . ### economic operators who complete the declaration shall be responsible for the content and accuracy of the information that they themselves provide in the mutual recognition declaration .


### the mutual recognition declaration may be supplied to the competent authority of the member state of destination for the purposes of an assessment to be carried out under article 5 . it may be supplied either in paper form or by electronic means . ### the lawful marketing declaration regarding mutual recognition may be supplied to the competent authority of the member state of destination for the purposes of an assessment to be carried out under article 5 . it may be supplied either in paper form or by electronic means .


### if a mutual recognition declaration is not supplied to a competent authority of the member state of destination in accordance with the requirements of this article , the competent authority may request any of the economic operators to provide the following documentation and information in order to demonstrate for the purposes of an assessment under article 5 that the goods are lawfully marketed in another member state : ### if a lawful marketing declaration regarding mutual recognition is not supplied to a competent authority of the member state of destination in accordance with the requirements of this article , the competent authority may request any of the economic operators to provide the following documentation and information in order to demonstrate for the purposes of an assessment under article 5 that the goods are lawfully marketed in another member state :


### the declaration , together with any evidence reasonably required by the competent authority to verify the information contained in it , shall be accepted by the competent authority as sufficient to demonstrate that the goods are lawfully marketed in another member state ; and ### the declaration , together with any evidence required by the competent authority to verify the information contained in it and the characteristics of the goods or type of goods , shall be accepted by the competent authority as sufficient to demonstrate that the goods are lawfully marketed in another member state ; and


### the administrative decision referred to in paragraph 3 shall set out the reasons for the decision in a manner that is sufficiently detailed and reasoned to enable an assessment to be made of its compatibility with the mutual recognition principle and with the requirements of this regulation . ### the administrative decision referred to in paragraph 3 shall set out the reasons for the decision in a manner that is detailed and reasoned to facilitate an assessment to be made of its compatibility with the mutual recognition principle and with the requirements of this regulation .


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


### a robust medium to long - term union level resource adequacy assessment should be carried out by the entso for electricity to provide an objective basis for the assessment of adequacy concerns . the resource adequacy concern that capacity mechanisms address should be based on the eu assessment . ### a robust methodology for the long - term union level resource adequacy assessment should be carried out by the entso for electricity to provide an objective basis for the assessment of adequacy concerns at the union , regional and member state level . the resource adequacy concern that capacity mechanisms address should be based on the eu assessment . capacity mechanisms should only be allowed to be introduced if the union level resource adequacy assessment has identified adequacy concerns .


### the medium to long - term resource adequacy assessment set out in this regulation has a different purpose than the seasonal outlooks as set out in article 9 [ regulation on risk preparedness as proposed by com 862 ] . medium - to long - term assessments are mainly used to assess the need for capacity mechanisms whereas seasonal outlooks are used to alert to risks that might occur in the following six months that are likely to result in a significant deterioration of the electricity supply situation . in addition , regional operational centres also carry out regional adequacy assessments as defined in european legislation on electricity transmission system operation . these are very short - term adequacy assessments used in the context of system operation . ### the methodology for the long - term resource adequacy assessment set out in this regulation has a different purpose than the seasonal outlooks as set out in article 9 [ regulation on risk preparedness as proposed by com 862 ] . medium - to long - term assessments are mainly used to identify adequacy concerns whereas seasonal outlooks are used to alert to short - term risks that might occur in the following six months that are likely to result in a significant deterioration of the electricity supply situation . in addition , regional coordination centres also carry out regional adequacy assessments as defined in european legislation on electricity transmission system operation . these are very short - term adequacy assessments used in the context of system operation .


### detailed rules for facilitating effective cross - border participation in capacity mechanisms other than reserve schemes should be laid down . transmission system operators across the borders should facilitate interested generators wanting to participate in capacity mechanisms in other member states . therefore , they should calculate capacities up to which cross - border participation would be possible , enable participation and check availabilities . national regulatory authorities should enforce the cross - border rules in the member states . ### detailed rules for facilitating effective cross - border participation in capacity mechanisms other than strategic reserves should be laid down in this regulation . transmission system operators across the borders should facilitate the participation of interested generators in capacity mechanisms in other member states . therefore , they should calculate capacities up to which cross - border participation would be technically possible taking into account the interconnection capacity between the concerned member states , enable participation and check availabilities . national regulatory authorities should enforce the cross - border rules in the member states .


### 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 2030 by enabling market signals to be delivered for increased efficiency , flexibility , decarbonisation and innovation ;


### setting fundamental principles for well - functioning , integrated electricity markets , which allow non - discriminatory market access for all resource providers and electricity customers , empower consumers , enable demand response and energy efficiency , facilitate aggregation of distributed demand and supply , and contribute to the decarbonisation of the economy by enabling market integration and market - based remuneration of electricity generated from renewable sources ; ### setting fundamental principles for well - functioning cross - border , integrated and liquid electricity markets , which allow non - discriminatory market access for all resource providers and electricity customers , empower consumers , enable demand response and energy efficiency , facilitate aggregation of distributed demand and supply , and contribute to the decarbonisation of the economy by enabling market integration and market - based remuneration of electricity generated from renewable sources ;


### facilitating the emergence of a well - functioning and transparent wholesale market with a high level of security of supply in electricity . it provides for mechanisms to harmonise the rules for cross - border exchanges in electricity . ### facilitating the emergence of a well - functioning , liquid and transparent wholesale market contributing to a high level of security of supply in electricity . it provides for mechanisms to harmonise the rules for cross - border exchanges in electricity , pursuant to the capacity allocation and congestion management network codes .


### ' structural congestion ' means congestion in the transmission system that is predictable , is geographically stable over time , and is frequently reoccurring under normal power system conditions ; ### ' structural congestion ' means congestion in the transmission system that is predictable , geographically stable over time , and frequently reoccurring under normal power system conditions ;


### market rules shall deliver appropriate investment incentives for generation , storage , energy efficiency and demand response to meet market needs and thus ensure security of supply ; ### market rules shall deliver appropriate investment incentives for generation , in particular long - term investments , storage , energy efficiency and demand response to meet market needs and thus ensure security of supply ;


### market rules shall provide for regional cooperation where effective ; ### market rules shall provide for strong regional cooperation where effective ;


### market rules shall allow for progress in research and development to be realized and used to the benefit of society ; ### market rules shall allow for progress in research and development into sustainable , secure and low - carbon energy sources , technologies or systems to be realized and used to the benefit of society ;


### market rules shall allow for entry and exit of electricity generation and electricity supply undertakings based on their assessment of the economic and financial viability of their operations ; ### market rules shall allow for entry and exit of electricity generation and electricity supply undertakings based on the assessment of the economic and financial viability of their operations including possible decommissioning costs ;


### long - term hedging opportunities , which allow market participants to hedge against price volatility risks on a market basis , and eliminate uncertainty on future returns on investment shall be tradable on exchanges in a transparent manner subject to compliance with eu treaty rules on competition . ### long - term hedging opportunities , which allow market participants to hedge against price volatility risks on a market basis , and mitigate uncertainty on future returns on investment , shall be tradable on exchanges in a transparent manner ; similarly , long - term supply contracts shall be negotiated over the counter ; both shall be compliant with eu rules


### subject to compliance with treaty rules on competition , market operators shall be free to develop forward hedging products including for the long - term to provide market participants , in particular owners of generation facilities using renewable energy sources , with appropriate possibilities to hedge financial risks from price fluctuations . member states shall not restrict such hedging activity to trades within a member state or bidding zone . ### market operators shall be free to develop forward hedging products including for the long - term to provide market participants , in particular owners of generation facilities using renewable energy sources , with appropriate possibilities to hedge financial risks from price fluctuations . member states shall support liquidity of such products , in particular already developed exchange - based products , and allow them to be traded on large , cross - border bidding zones .


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


### by way of derogation from paragraph 1 , until [ op : two years after entry into force ] market operators may apply limits on maximum clearing prices for day - ahead and intraday timeframes in accordance with articles 41 and 54 of regulation 2015 / 1222 . in the event that limits are , or are anticipated to be , reached , they shall be raised for the following day . ### by way of derogation from paragraph 1 , market operators may apply technical limits on maximum and minimum bidding limits for day - ahead and intraday timeframes in accordance with articles 41 and 54 of regulation 2015 / 1222 . in the event that these limits are , or are anticipated to be , reached , they shall be adjusted for the following day . technical price limits shall be harmonised for the common market area .


### 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 shall be as large , liquid and stable as possible , to foster efficient integration of energy markets , ensure security for investors and maximise economic efficiency and cross - border trading opportunities while maintaining security of supply .


### charges for access to networks ### charges for access to networks , use of networks and reinforcement


### 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 .


### distribution tariffs shall reflect the cost of use of the distribution network by system users including active customers , and may be differentiated based on system users’ consumption or generation profiles . where member states have implemented the deployment of smart metering systems , regulatory authorities may introduce time differentiated network tariffs , reflecting the use of the network , in a transparent and foreseeable way for the consumer . ### distribution tariffs shall reflect the cost of use of the distribution network by system users including active customers , and may be differentiated based on system users’ consumption or generation profiles . where member states have implemented the deployment of smart metering systems , regulatory authorities may introduce time differentiated network tariffs , reflecting the use of the network , in a transparent and foreseeable and cost efficient way for the consumer . regulatory authorities should also assess the need to introduce more capacity - based network tariffs where these can provide for a more efficient system use .


### regulatory authorities shall provide incentives to distribution system operators to procure services for the operation and development of their networks and integrate innovative solutions in the distribution systems . for that purpose regulatory authorities shall recognise as eligible and include all relevant costs in distribution tariffs and introduce performance targets in order to incentivise distribution system operators to raise efficiencies , including energy efficiency , in their networks . ### regulatory authorities shall provide incentives to distribution system operators for innovative solutions in the distribution network . for that purpose , regulatory authorities will recognise all the reasonable costs of the distribution system operators for innovative solutions . these include , among others , research and development , pilot project implementation and the launch of new technologies , as well as service contracts that network operators award for the operation and development of their networks . these costs are taken into account by the distribution network operators in the distribution tariffs . the regulatory systems give the distribution network operators incentives to raise efficiencies , including energy efficiency in their networks .


### by [ op : please add specific date – three months after entry into force ] the agency shall provide a recommendation addressed to regulatory authorities on the progressive convergence of transmission and distribution tariff methodologies . that recommendation shall address at least : ### by [ op : please add specific date – one year after entry into force ] the agency shall provide a recommendation addressed to regulatory authorities on the progressive coherence of transmission and distribution tariff methodologies . that recommendation shall address at least :


### groups of network users subject to tariffs , including tariff exemptions . ### groups of network users subject to tariffs , and the way the different tariffs applied on them reflect a fair distribution of costs and avoid unjustifiable state aid .


### maintaining or increasing interconnection capacities through network investments , in particular in new interconnectors . ### increasing interconnection capacities through network investments , in particular in new interconnectors .


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


### while preparing the proposals pursuant to the tasks referred to in article 27 , the entso for electricity shall conduct an extensive consultation process , at an early stage and in an open and transparent manner , involving all relevant stakeholders , and , in particular , the organisations representing all stakeholders , in accordance with the rules of procedure referred to in article 26 . that consultation shall also involve national regulatory authorities and other national authorities , supply and generation undertakings , system users including customers , distribution system operators , including relevant industry associations , technical bodies and stakeholder platforms . it shall aim at identifying the views and proposals of all relevant parties during the decision - making process . ### while preparing the - proposals pursuant to the tasks referred to in article 27 the entso for electricity shall conduct an extensive consultation process , at an early stage and in an open and transparent manner , involving all relevant stakeholders and , in particular , the organisations representing all stakeholders , in accordance with the rules of procedure referred to in article 26 . that consultation shall also involve national regulatory authorities and other national authorities , supply and generation undertakings , system users including customers and their representatives , distribution system operators , including relevant industry associations , technical bodies and stakeholder platforms . it shall aim at identifying the views and proposals of all relevant parties during the decision - making process . an independent advisory council of stakeholder representatives , in particular system users and final customers , shall be established to provide independent advice to the board of the entso for electricity on : the elaboration of network codes as set out in article 27 the union wide development plans as set out in article 27 the annual work - programme as set out in article 27 and the annual report as set out in article 27 .


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


### by [ op : twelve months after entry into force ] , all transmission system operators shall establish regional operational centres in accordance with the criteria set out in this chapter . regional operational centres shall be established in the territory of one of the member states of the region where it will operate . ### by [ op : twelve months after entry into force ] , regional coordination centres shall replace regional security coordinators established in accordance with the commission regulation establishing a guideline on electricity transmission system operation pursuant to the criteria set out in this chapter . regional coordination centers shall cover all the functions of the regional security coordinators established in accordance with regulation . . . [ the commission regulation establishing a guideline on electricity transmission system operation ] by 1 january 2022 . all transmission system operators shall adhere to a regional coordination centre . if a region is not covered by an existing or planned regional security coordinator , the transmission system operators of that region shall establish a regional coordination centre . to this effect they shall submit to the regulatory authorities of the region a proposal for the establishment of a regional coordination centre in accordance with the criteria set out in this chapter . the proposal shall include the following requirements : member state where the regional coordination centre will be located ; the organisational , financial and operational arrangements necessary to ensure the efficient , secure and reliable operation of the interconnected transmission system ; an implementation plan for the entry into operation of the regional coordination centres ; the statutes and rules of procedure of regional coordination centres ; a description of cooperative processes in accordance with article 35 ; a description of the arrangements concerning the liability of regional coordination centres in accordance with article 44 .


### regional operational centres shall develop a procedure for the revision of decisions and recommendations . ### regional operational centres , together with the commission and the&#160 ; agency , &#160 ; shall develop a procedure for appeal against binding decisions and for the revision of decisions and recommendations . in the case of an appeal , it is the commission that will take a final decision . the commission shall do so after consultation of the involved transmission system operator and the regional operational center and after taken advice from the agency . the commission can decide to maintain , suspend , withdraw or&#160 ; alter the contested decision . &#160 ;


### 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 for electricity as well as 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 following a thorough cost - benefit analysis . 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 . 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 areas to be included in the legislative planning and 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 .


### on 25 and 26 june 2015 , 12 the european council called for wider efforts in resolving the migrant crisis in a comprehensive manner , including through the reinforcement of the management of borders to better manage growing mixed migratory flows . furthermore , on 23 september 2015 , 13 the european council stressed the need to tackle the dramatic situation at the external borders as well as to strengthen the controls at those borders , notably through additional resources for the european agency for the management of operational cooperation at the external borders of the member states of the european union , the european asylum support office and europol , with human resources and technical contributions from member states . __________________ 12 meeting of the european council , conclusions of 25 and 26 june 2015 . 13 informal meeting of eu heads of state or government on migration , statement of 23 september 2015 . ### on 25 and 26 june 2015 , 12 the european council called for wider efforts in resolving the unprecedented migratory flows in a comprehensive manner , including through the reinforcement of the management of borders to better manage growing mixed migratory flows . furthermore , on 23 september 2015 , 13 the european council stressed the need to tackle the dramatic situation at the external borders as well as to strengthen the controls at those borders , notably through additional resources for the european agency for the management of operational cooperation at the external borders of the member states of the european union , the european asylum support office and europol , with human resources and technical contributions from member states . __________________ 12 meeting of the european council , conclusions of 25 and 26 june 2015 . 13 informal meeting of eu heads of state or government on migration , statement of 23 september 2015 .


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


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


### the european agency for the management of operational cooperation at the external borders of the member states of the european union , commonly referred to as frontex , was established by council regulation no 2007 / 2004 . 14 since taking up its responsibilities on 1 may 2005 , it has been successful in assisting member states with implementing the operational aspects of external border management through joint operations and rapid border interventions , as well as risk analysis , information exchange , relations with third countries and the return of third - country nationals illegally staying on the territory of member states . __________________ 14 council regulation no 2007 / 2004 of 26 october 2004 establishing a european agency for the management of operational cooperation at the external borders of the member states of the european union . ### the european agency for the management of operational cooperation at the external borders of the member states of the european union , commonly referred to as frontex , was established by council regulation no 2007 / 2004 . 14 since taking up its responsibilities on 1 may 2005 , it has been successful in assisting member states with implementing the operational aspects of external border management through joint operations and rapid border interventions , as well as risk analysis , information exchange , relations with third countries and the return of irregularly staying third - country nationals who are the subject of a final return decision issued by a member state , __________________ 14 council regulation no 2007 / 2004 of 26 october 2004 establishing a european agency for the management of operational cooperation at the external borders of the member states of the european union .


### the tasks of frontex should therefore be expanded and to reflect those changes , it should be renamed european border and coast guard agency . the key role of the european border and coast guard agency should be to establish an operational and technical strategy for the implementation of an integrated border management at union level , to oversee the effective functioning of border control at the external borders , to provide increased operational and technical assistance to member states through joint operations and rapid border interventions , and to ensure the practical execution of measures in case of a situation requiring urgent action at the external borders , as well as to organise , coordinate and conduct return operations and return interventions . ### the tasks of frontex should therefore be expanded and to reflect those changes , it should be renamed european border and coast guard agency . the key role of the european border and coast guard agency should be to establish an operational and technical strategy for the implementation of an integrated border management at union level , to oversee the effective functioning of border control at the external borders , to provide increased operational and technical assistance to member states through joint operations and rapid border interventions , and to ensure the practical execution of measures in case of a situation requiring urgent action at the external borders , as well as to organise , coordinate and conduct return operations and return interventions . these tasks should be carried out with respect for the mandates and powers of the other relevant eu agencies , namely easo and europol .


### the tasks of frontex should therefore be expanded and to reflect those changes , it should be renamed european border and coast guard agency . the key role of the european border and coast guard agency should be to establish an operational and technical strategy for the implementation of an integrated border management at union level , to oversee the effective functioning of border control at the external borders , to provide increased operational and technical assistance to member states through joint operations and rapid border interventions , and to ensure the practical execution of measures in case of a situation requiring urgent action at the external borders , as well as to organise , coordinate and conduct return operations and return interventions . ### the tasks of frontex should therefore be expanded and to reflect those changes , it should be renamed european border and coast guard agency . the key role of the european border and coast guard agency should be to establish an operational and technical strategy for the implementation of an integrated border management at union level , to oversee the effective functioning of border control at the external borders , to provide increased operational and technical assistance to member states through joint operations and rapid border interventions , to ensure the practical execution of measures in case of a situation requiring urgent action at the external borders , as well as to organise , coordinate and conduct return operations and return interventions while ensuring full respect of human rights in their actions and activities and the fulfilment of asylum obligations and commitments of each member state .


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


### 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 . ### as a preventive measure , the european border and coast guard agency should monitor 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 . a vulnerability assessment is to be carried out on an annual basis , based on objective criteria and on information provided by the member state and by the liaison officer . on its own initiative or under request of the european parliament , the agency can carry out an emergency update at any time . 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 .


### in cases where a member state does not take the necessary corrective action in line with the vulnerability assessment or in the event of disproportionate migratory pressure at the external borders , rendering the control at the external border ineffective to an extent which risks putting in jeopardy the functioning of the schengen area , a unified , rapid and effective response should be delivered at union level . for this purpose , and to ensure better coordination at union level , the commission should identify the measures to be implemented by the european border and coast guard agency and require the member state concerned to cooperate with the agency in the implementation of those measures . the european border and coast guard agency should then determine the actions to be taken for the practical execution of the measures indicated in the commission decision , and an operational plan should be drawn up with the member state concerned . ### in cases where a member state does not take the necessary corrective action in line with the vulnerability assessment or in the event of disproportionate migratory pressure at the external borders , rendering the control at the external border ineffective to an extent which risks putting in jeopardy the functioning of the schengen area , including the restriction of free movement of persons and goods through road , maritime and rail freight routes as set by the pillars of the eu ten - t and connecting europe policies , unified , rapid and effective response should be delivered at union level . for this purpose , and to ensure better coordination at union level , the commission should identify the measures to be implemented by the european border and coast guard agency and require the member state concerned to cooperate with the agency in the implementation of those measures . the european border and coast guard agency should then determine the actions to be taken for the practical execution of the measures indicated in the commission decision , and an operational plan should be drawn up with the member state concerned .


### the european border and coast guard agency should have the necessary equipment and staff at its disposal to be deployed in joint operations or rapid border interventions . to this end , when launching rapid border interventions at the request of a member state or in the context of a situation requiring urgent action , the european border and coast guard agency should be able to deploy european border and coast guard teams from a rapid reserve pool which should be a standing corps composed of a small percentage of the total number of border guards in the member states , which should amount to a minimum of 1 500 . the deployment of the european border and coast guard teams from the rapid reserve pool should be immediately complemented by additional european border and coast guard teams as appropriate . ### the european border and coast guard agency should have the necessary equipment and staff at its disposal to be deployed in joint operations or rapid border interventions . to this end , when launching rapid border interventions at the request of a member state or in the context of a situation requiring urgent action , the european border and coast guard agency should be able to deploy european border and coast guard teams from a rapid reserve pool which should be a standing corps composed of a small percentage of the total number of border guards in the member states , which should amount to a minimum of 1 500 . the deployment of the european border and coast guard teams from the rapid reserve pool should be immediately complemented by additional european border and coast guard teams where necessary .


### the european border and coast guard agency should develop specific training tools and it should provide training at union level for national instructors of border guards and additional training and seminars related to control at external borders and return of third - country nationals illegally staying on the territory of member states for officers of the competent national bodies . the agency should be authorised to organise training activities in cooperation with member states and third countries on their territory . ### the european border and coast guard agency should develop specific training tools and it should provide training at union level for national instructors of border guards , additional training and seminars related to control at external borders and return of third - country nationals staying irregularly on the territory of member states for officers of the competent national bodies , as well as training related to the identification of and assistance to persons in a vulnerable situation . the agency should be authorised to organise training activities in cooperation with member states and third countries on their territory .


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


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


### national authorities carrying out coast guard functions are responsible for a wide range of tasks , including but not limited to maritime safety , security , search and rescue , border control , fisheries control , customs control , general law enforcement and environmental protection . the european border and coast guard agency , the european fisheries control agency established by council regulation no 768 / 2005 16 and the european maritime safety agency established by regulation no 1406 / 2002 of the european parliament and of the council 17 should therefore strengthen their cooperation both with each other and with the national authorities carrying out coast guard functions to increase maritime situational awareness as well as to support coherent and cost - efficient action . __________________ 16 council regulation no 768 / 2005 of 26 april 2005 establishing a community fisheries control agency and amending regulation no 2847 / 93 establishing a control system applicable to the common fisheries policy . 17 regulation no 1406 / 2002 of the european parliament and of the council of 27 june 2002 establishing a european maritime safety agency . ### national authorities carrying out coast guard functions are responsible for a wide range of tasks , including but not limited to maritime safety , security , search and rescue , border control , fisheries control , customs control , general law enforcement and environmental protection . the european border and coast guard agency , the european fisheries control agency established by council regulation no 768 / 2005 16 and the european maritime safety agency established by regulation no 1406 / 2002 of the european parliament and of the council 17 should therefore strengthen their cooperation both with each other and with the national authorities carrying out coast guard functions to increase maritime situational awareness as well as to support coherent and cost - efficient action ; synergies between the various actors in the maritime environment should be in line with the eu’s integrated border management and maritime security strategy . __________________ 16 council regulation no 768 / 2005 of 26 april 2005 establishing a community fisheries control agency and amending regulation no 2847 / 93 establishing a control system applicable to the common fisheries policy . 17 regulation no 1406 / 2002 of the european parliament and of the council of 27 june 2002 establishing a european maritime safety agency .


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


### ' external borders ' means the land and sea borders of the member states and their airports and seaports , to which the provisions of title ii of regulation no 562 / 2006 of the european parliament and of the council 38 apply ; __________________ 38 regulation no 562 / 2006 of the european parliament and of the council of 15 march 2006 establishing a community code on the rules governing the movement of persons across borders . ### ' external borders ' means the land and sea borders of the member states and their airports and seaports , to which the provisions of title ii of regulation no 562 / 2006 of the european parliament and of the council 38 apply , including those member states to which provisions of the schengen acquis on lifting internal borders are yet to apply ; __________________ 38 regulation no 562 / 2006 of the european parliament and of the council of 15 march 2006 establishing a community code on the rules governing the movement of persons across borders .


### ‘ returnee’ means an illegally staying third - country national subject to a return decision ; ### ‘ returnee’ means an irregularly staying third - country national who is the subject of a final return decision issued by a member state ;


### ‘ return operation’ means an operation to return illegally staying third - country nationals , that is coordinated by the agency and involves technical and operational reinforcement being provided by one or more member states under which returnees from one or more member states are returned either through forced return or in voluntary compliance with an obligation to return ; ### ‘ return operation’ means an operation to return third - country nationals who are the subject of a final return decision , that is coordinated by the agency and involves technical and operational reinforcement being provided by one or more member states under which returnees from one or more member states are returned either through forced return or in voluntary compliance with an obligation to return ;


### ‘ return intervention’ means an operation to return illegally staying third - country nationals providing for enhanced technical and operational assistance consisting of the deployment of european return intervention teams to member states and the organisation of return operations . ### ‘ return intervention’ means an operation to return third - country nationals who are the subject of a final return decision providing for enhanced technical and operational assistance consisting of the deployment of european return intervention teams to member states and the organisation of return operations .


### analysis of the risks for internal security and analysis of the threats that may affect the functioning or security of the external borders ; ### analysis of the risks for internal security and external challenges that may affect the functioning or security of the external borders ;


### deploy european border and coast guard teams and technical equipment to provide assistance in screening , identification and fingerprinting in the framework of the migration management support teams at hotspot areas ; ### deploy european border and coast guard teams and technical equipment to provide assistance to easo upon request , namely in screening , identification and fingerprinting at hotspot areas ;


### assist member states in circumstances requiring increased technical assistance and operational assistance for implementing the obligation to return illegally staying third - country nationals , including through the coordination or organisation of return operations ; ### assist member states in circumstances requiring increased technical assistance and operational assistance for implementing the obligation to return those third - country nationals who are the subject of a final return decision issued by a member state , including through the coordination or organisation of return operations ;


### assist member states and third countries in the context of operational cooperation between them in the fields of external border management and return . ### assist member states and third countries in the context of operational cooperation between them in the field of integrated border management as defined in article 4 .


### the national authorities which are responsible for border management , including coast guards to the extent that they carry out border control tasks , shall provide the agency in a timely and accurate manner with all the information necessary for the agency to perform the tasks conferred on it by this regulation , in particular for the agency to monitor the migratory flows towards and within the union , to carry out risk analysis and to perform the vulnerability assessment . ### to be able to perform to the best of their abilities the tasks conferred on them by this regulation , the national authorities which are responsible for border management and return , including coast guards , to the extent that they carry out border control tasks and the agency shall in accordance with relevant union and national laws share in a timely and accurate manner all the information necessary for the agency and the relevant national authorities to perform the tasks conferred on them by this regulation .


### the agency shall incorporate the results of a common integrated risk analysis model in its development of the common core curricula for the training of border guards and of staff involved in return - related tasks . ### the agency shall incorporate the results of a common integrated risk analysis model in its development of the common core curricula for the training of border guards and of other staff or experts involved in tasks related to the integrated border management .


### the executive director shall appoint experts from the staff of the agency to be deployed as liaison officers . the executive director shall , based on risk analysis and in consultation with the management board , determine the nature of the deployment , the member state to which a liaison officer may be deployed and the duration of the deployment . the executive director shall notify the member state concerned of the appointment and shall determine , together with the member state , the location of deployment . ### the management board shall , based on a risk analysis and on a proposal of the executive director , decide on the nature of the deployment , the member state to which a liaison officer may be deployed and the duration of the deployment and notify its decision to the member state concerned . the executive director shall consult the member state concerned on the nature and duration of the deployment before making its proposal , and on the tasks which are not covered by article 11 paragraph 3 , of this regulation .


### support the collection of information required by the agency for carrying out the vulnerability assessment referred to in article 12 ; ### support the collection of information as provided for by the relevant union legislation and as required by the agency for carrying out the vulnerability assessment referred to in article 12


### keep regular contacts with national authorities which are responsible for border management , including coast guards to the extent that they carry out border control tasks , whilst informing the head of the national coordination centre . ### keep regular contacts with national authorities which are responsible for border management , including coast guards to the extent that they carry out border control tasks , whilst informing a point of contact designated by the member state concerned .


### the report of the liaison officer shall form part of the vulnerability assessment referred to in article 12 . ### the final report of the liaison officer shall be taken into consideration when drafting the vulnerability assessment referred to in article 12 . the report shall then be communicated to the member state concerned


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


### the aim of the vulnerability assessment is for the agency to assess the capacity and readiness of member states to face upcoming challenges , including present and future threats and pressures at the external borders , to identify , especially for those member states facing specific and disproportionate pressures , possible immediate consequences at the external borders and subsequent consequences on the functioning of the schengen area , and to assess their capacity to contribute to the rapid reserve pool referred to in article 19 . that assessment is without prejudice to the schengen evaluation mechanism . ### the aim of the vulnerability assessment is for the agency to assess the capacity and readiness of member states to face upcoming challenges , including present and future challenges ; their capacity to handle in a humane manner and with full respect for fundamental rights the arrival of large numbers of persons many of whom may be in need of international protection ; the availability of adequately skilled and trained personnel ; the existence of cooperation mechanisms with relevant union agencies , international organisations and civil society ; and to identify , especially for those member states facing specific and disproportionate pressures , possible immediate consequences at the external borders and subsequent consequences on the functioning of the schengen area , and assess their capacity to contribute to the rapid reserve pool referred to in article 19 . the vulnerability assessment shall be without prejudice to the schengen evaluation mechanism .


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


### initiating joint operations and rapid border interventions at the external borders ### initiating joint operations at the external borders


### the objectives of a joint operation or rapid border intervention may be achieved as part of a multipurpose operation which may involve the rescue of persons in distress at sea or other coast guard functions , the fight against migrant smuggling or trafficking in human beings , drug trafficking control operations , and migration management including identification , registration , debriefing and return . ### the objectives of a joint operation may be achieved as part of a multipurpose operation which may involve the rescue of persons in distress at sea or other coast guard functions , the fight against the criminal smuggling of persons , trafficking in human beings and migration management in accordance of article 17 .


### the objectives of a joint operation or rapid border intervention may be achieved as part of a multipurpose operation which may involve the rescue of persons in distress at sea or other coast guard functions , the fight against migrant smuggling or trafficking in human beings , drug trafficking control operations , and migration management including identification , registration , debriefing and return . ### the objectives of a joint operation or rapid border intervention may be achieved as part of a multipurpose operation which may involve coast guard functions and prevention of cross border crime , including the fight against migrant smuggling or trafficking in human beings , and migration management including identification , registration , debriefing and return .


### deployment of the rapid reserve pool shall take place no later than three working days after the date on which the operational plan is agreed between the executive director and the host member state . additional deployment of european border and coast guard teams , shall take place where necessary , within five working days of the deployment of the rapid reserve pool . ### deployment of the rapid reserve pool shall take place no later than five working days after the date on which the operational plan is agreed between the executive director and the host member state . additional deployment of european border and coast guard teams , shall take place where necessary , within seven working days of the deployment of the rapid reserve pool .


### 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 , the provision of initial information to and onward referral of those persons arriving who are in need of , or wish to apply for , international protection , and , where requested by the member state , the fingerprinting of third - country nationals ;


### for the purposes of paragraph 1 , the commission shall provide for one or more of the following measures to be taken by the agency : ### to mitigate the risk of putting jeopardy the schengen area , the decision referred to in article 18 paragraph 1 shall provide for one or more of the following measures to be taken by the agency


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


### the agency shall contribute to the european border and coast guard teams with competent border guards seconded by the member states as national experts to the agency . the contribution by member states as regards the secondment of their border guards to the agency for the following year shall be planned on the basis of annual bilateral negotiations and agreements between the agency and member states . in accordance with those agreements , member states shall make the border guards available for secondment , unless that would seriously affect the discharge of national tasks . in such situations member states may recall their seconded border guards . ### the agency shall contribute to the european border and coast guard teams with competent border guards seconded by the member states as national experts to the agency . the contribution by member states as regards the secondment of their border guards to the agency for the following year shall be planned on the basis of annual bilateral negotiations and agreements between the agency and member states . in accordance with those agreements , member states shall make the border guards available for secondment , unless that would seriously affect the discharge of national tasks . in such situations member states may recall their seconded border guards . in order to respond to eventual shortages , the agency may employ staff on a temporary basis in order to perform border control function in line with its mandate .


### such secondments may be for 12 months or more but in any case it shall not be less than three months . the seconded border guards shall be considered as members of the teams and they shall have the tasks and powers of the members of the teams . the member state having seconded the border guards shall be considered as the home member state . ### the secondments may be for 12 months or more but in any case it shall not be less than three months . the seconded border guards shall be considered as members of the teams and they shall have the tasks and powers of the members of the teams . the member state having seconded the border guards shall be considered as the home member state .


### the rapid reserve pool shall be a standing corps placed at the immediate disposal of the agency and which can be deployed from each member state within three working days from when the operational plan is agreed upon by the executive director and the host member state . for that purpose , each member state shall , on a yearly basis , make available to the agency a number of border guards commensurate to at least 3% of the staff of member states without land or sea external borders and 2% of the staff of member states with land or sea external borders , and which shall amount to a minimum of 1 500 border guards , corresponding to the profiles identified by the decision of the management board . ### the rapid reserve pool shall be a standing corps placed at the immediate disposal of the agency and which can be deployed from each member state within five working days from when the operational plan is agreed upon by the executive director and the host member state . for that purpose , each member state shall , on a yearly basis , make available to the agency a number of border guards or other relevant staff which shall amount to a minimum of 1 500 border guards , corresponding to the profiles identified by the decision of the management board .