### regional operational centres shall complement the role of transmission system operators by performing functions of regional relevance . they shall establish operational arrangements in order to ensure the efficient , secure and reliable operation of the interconnected transmission system . ### regional coordination centres shall complement the role of transmission system operators by performing functions of regional relevance . transmission system operators shall be responsible for ensuring the efficient , secure and reliable operation of the interconnected transmission system . the effective operation of the transmission system shall be the responsibility of each transmission system operator .


### 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 ;


### 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 and grid connection capacities . 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 . where possible , the tariffs shall be set in a manner that incentivises investment in demand side response and flexibility systems . member states shall ensure that tariffs are not discriminatory and are not forms of illegitimate state aid to specific groups of users via exemptions from the tariffs .


### customers shall be enabled to benefit from market opportunities and increased competition on retail markets ; ### customers shall be enabled to benefit from market opportunities and increased competition on retail markets ; the offering of bundles that combines the sale of a commodity with the sale of energy services may not form a barrier to switch from supplier ;


### member states applying capacity mechanisms on [ op : entry into force of this regulation ] shall adapt their mechanisms to comply with articles 18 , 21 and 23 of this regulation . ### member states applying capacity mechanisms on [ op : entry into force of this regulation ] shall adapt their mechanisms to comply with articles 18 , 21 and 23 of this regulation by 31 december 2030 .


### 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 .


### each regional operational centre shall perform all the following functions in the system operation region where it is established and regional operational centres shall perform at least the following functions , set out in more detail in annex i : ### in the system operation region , the transmission system operators shall perform at least the following functions jointly , within the scope of regional security centres , regional operational centres or other format for joint operations , set out in more detail in annex i :


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


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


### consistency assessment of transmission system operators ' defense plans and restoration plans ; ### consistency assessment of transmission system operators ' defense plans and restoration plans in accordance with the procedure set out in regulation . . . [ the commission regulation establishing a network code on electricity emergency and restoration ] ;


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


### 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 .


### participation in the elaboration of network codes pursuant to article 55 . ### participation in the recommendation , the proposal , the elaboration of network codes and guidelines pursuant to article 55 .


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


### generating installations using renewable energy sources or high - efficiency cogeneration with an installed electricity capacity of less than 500 kw ; or ### generating installations using renewable energy sources ; or


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


### regional operational centres may set up regional desks to address local specificities or back - up operational centres for the efficient and reliable exercise of their functions . ### regional coordination centers may set up regional desks to address local specificities or back - up coordination centres only where this is needed for the efficient and reliable exercise of their functions and only if this does not lead to an increase of network tariffs .


### actions which prevent price formation on the basis of demand and supply or constitute a disincentive to the development of more flexible generation , low carbon generation , or more flexible demand shall be avoided ; ### actions which prevent price formation on the basis of demand and supply or constitute a disincentive to the development of more flexible generation , low carbon generation , or more flexible demand shall be avoided while member states shall ensure that energy poor or vulnerable customers are sufficiently protected ;


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


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


### 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 the operation and development of their networks and integrate innovative solutions in the distribution systems , including through the procurement of services . 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 and the digitalisation of the distribution networks including the deployment of smart grids and intelligent metering systems , in their networks .


### member states shall monitor resource adequacy within their territory based on the european resource adequacy assessment pursuant to article 19 . ### member states shall monitor resource adequacy within their territory in compliance with the european resource adequacy&#160 ; methodology pursuant to article 19 , par . 4 .


### by [ op : twelve months after entry into force ] , the distribution system operators , with the administrative support of the agency , shall submit to the commission and to the agency the draft statutes , a list of registered members , the draft rules of procedure , including the rules of procedures on the consultation with entso for electricity and other stakeholders and the financing rules , of the eu dso entity to be established . ### by [ op : twelve months after entry into force ] , the distribution system operators , with the administrative support of the agency , shall submit to the commission and to the agency the draft the outline of a governance structure that guarantees a fair and&#160 ; balanced representation of interests between members and member states . this shall include the draft statutes , a list of registered members , the draft rules of procedure , including the rules of procedures on the consultation with entso for electricity and other stakeholders and the financing rules , of the eu dso entity to be established .


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


### the responsible system operators shall report at least once per year to the competent regulatory authority on curtailment or downward redispatching of generating installations using renewable energy sources or high - efficiency cogeneration and on measures taken to reduce the need for such curtailment or downward redispatching in the future . curtailment or redispatching of generating installations using renewable energy sources or high - efficiency cogeneration shall be subject to compensation pursuant to paragraph 6 . ### the responsible system operators shall report at least once per year to the competent regulatory authority on : the level of development and effectiveness of market - based curtailment or redispatching mechanisms for generation and demand facilities ; the reasons , volumes in mwh and type of generation source subject to curtailment or downward redispatching ; the measures taken to reduce the need for the curtailment or downward redispatching of generating installations using renewable energy sources or high - efficiency cogeneration in the future . progress on such measures should be assessed via indicators taking into account the percentage of substations remotely monitored and controlled in real - time , the percentage of the length of lines operated under dynamic line ratings ; losses in high , medium and low - voltage grids ; frequency of outages ; duration of outage . the competent regulatory authority should publish these indicators together with recommendations for improvement where necessary . curtailment or redispatching of generating installations using renewable energy sources or high - efficiency cogeneration shall be subject to compensation pursuant to paragraph 6 .


### 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 .


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


### ' capacity mechanism ' means an administrative measure to ensure the achievement of the desired level of security of supply by remunerating resources for their availability not including measures relating to ancillary services ; ### ' capacity mechanism ' means an administrative measure to ensure the achievement of the necessary level of security of supply by remunerating resources , including renewable energy , storage facilities and demand side management services , for their availability during certain periods or time windows to generate electricity or reduce demand , not including measures relating to ancillary services ;


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


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


### to address residual concerns that cannot be eliminated by the measures pursuant to article 18 , member states may introduce capacity mechanisms , subject to the provisions of this article and to the union state aid rules . ### capacity mechanisms other than strategic reserves shall : not create unnecessary market distortions and not limit cross - border trade not go beyond what is necessary to address the adequacy concern select capacity providers by means of a transparent , non - discriminatory and market - based process ; be market based and technology neutral be temporary and approved by the commission for no longer than five years apply capacity products which are issued for not longer than two years provide incentives for capacity providers to be available in times of expected system stress ; ensure that the remuneration is determined through a market - based process ; set out the required technical conditions for the participation of capacity providers in advance of the selection process ; be open to participation of all resources , including renewable energy , storage and demand side management that are capable of providing the required technical performance ; apply appropriate penalties to capacity providers when not available in the event of system stress . not be open for generation capacity emitting 550 grco2 / kwh or more at the entry into force of this regulation . be phased - out or at least phased down to a strategic reserve after a pre - defined period of time , based on the full implementation of the measures outlined in the roadmap pursuant to article 18


### 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 ] , all transmission system operators of a system operation region shall submit to the regulatory authorities of the region for a review a proposal for the establishment of regional coordination centres in accordance with the criteria set out in this chapter . the proposal shall include the following information : 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 .


### integration of renewable energy resources , distributed generation and other resources embedded in the distribution network such as energy storage ; ### improve and maximise the integration of renewable energy resources , distributed generation and other resources embedded in the distribution network such as energy storage ;


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


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


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


### 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 .


### market rules shall support the decarbonisation of the economy by enabling the integration of electricity from renewable energy sources and providing incentives for energy efficiency ; ### market rules shall support the decarbonisation of the electricity system and thus the economy by enabling the integration of electricity from renewable energy sources and providing incentives for energy efficiency ;


### ' capacity mechanism ' means an administrative measure to ensure the achievement of the desired level of security of supply by remunerating resources for their availability not including measures relating to ancillary services ; ### ' capacity mechanism ' means measures taken by member states to fill the expected capacity gap for electricity supply to match electricity demand in the medium and long term and designed to attract investment by offering additional payments to capacity providers that operate within the electricity market , on top of income obtained by selling electricity on the market in return for the availability of existing capacity or investment in new capacity to guarantee the required level of resource adequacy ;


### 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 the operation and development of their networks and integrate innovative solutions in the distribution systems , including through the procurement of services . 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 and the digitalisation of the distribution networks including the deployment of smart grids and intelligent metering systems , in their networks .


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


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


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


### 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 .


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


### in the past , electricity customers were purely passive , often buying electricity at regulated prices which had no direct relation to the market . in the future , customers need to be enabled to fully participate in the market on equal footing with other market participants . to integrate growing shares of renewable energy , the future electricity system should make use of all available sources of flexibility , particularly demand response and storage . to achieve effective decarbonisation at lowest cost , it also needs to encourage energy efficiency . ### in the past , electricity customers were purely passive , often buying electricity at regulated prices which had no direct relation to the market . in the future , customers need to be enabled to fully participate in the market on equal footing with other market participants . to integrate growing shares of renewable energy , the future electricity system should make use of all available sources of flexibility , particularly demand response and storage . to achieve effective decarbonisation at lowest cost , it also needs to encourage energy efficiency and to drive investments on the long term .


### by 1 january 2025 , the imbalance settlement period shall be 15 minutes in all control areas . ### by 1 january 2021 , the imbalance settlement period shall be 15 minutes in all control areas .


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


### the precondition for effective competition in the internal market in electricity is non - discriminatory and transparent charges for network use including interconnecting lines in the transmission system . the available capacity of those lines should be set at the maximum levels consistent with the safety standards of secure network operation . ### the precondition for effective competition in the internal market in electricity is non - discriminatory , transparent and adequate charges for network use including interconnecting lines in the transmission system . the available capacity of those lines should be set at the maximum levels consistent with the safety standards of secure network operation .


### 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 with a long - term view for generation , including low - carbon generation , storage , energy efficiency and demand response to meet market needs and thus ensure security of supply ;


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


### the responsible system operators shall report at least once per year to the competent regulatory authority on curtailment or downward redispatching of generating installations using renewable energy sources or high - efficiency cogeneration and on measures taken to reduce the need for such curtailment or downward redispatching in the future . curtailment or redispatching of generating installations using renewable energy sources or high - efficiency cogeneration shall be subject to compensation pursuant to paragraph 6 . ### the responsible system operators shall report at least once per year to the competent regulatory authority on : the level of development and effectiveness of market - based curtailment or redispatching mechanisms for generation and demand facilities ; the reasons , volumes in mwh and type of generation source subject to curtailment or downward redispatching ; the measures taken to reduce the need for the curtailment or downward redispatching of generating installations using renewable energy sources or high - efficiency cogeneration in the future . progress on such measures should be assessed via indicators taking into account the percentage of substations remotely monitored and controlled in real - time , the percentage of the length of lines operated under dynamic line ratings ; losses in high , medium and low - voltage grids ; frequency of outages ; duration of outage . the competent regulatory authority should publish these indicators together with recommendations for improvement where necessary . curtailment or redispatching of generating installations using renewable energy sources or high - efficiency cogeneration shall be subject to compensation pursuant to paragraph 6 .


### data management , cyber security and data protection ; ### cyber security and data protection , and impartiality in data management .


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


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


### 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 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 . &#160 ; without prejudice to paragraph 3 , &#160 ; those charges shall not be distance - related .


### market operators shall provide products for trading in day - ahead and intraday markets which are sufficiently small in size , with minimum bid sizes of 1 megawatt or less , to allow for the effective participation of demand - side response , energy storage and small - scale renewables . ### market operators shall provide products for trading in day - ahead and intraday markets which are sufficiently small in size , with minimum bid sizes of 1 megawatt or less , to allow for the effective participation of demand - side response , energy storage and small - scale renewables including directly by customers .


### transmission system operators shall not limit the volume of interconnection capacity to be made available to other market participants in order to solve congestion inside their own control area or as a means of managing flows on a border between two control areas observed even without any transaction , that is to say flows over control areas caused by origin and destination within one control area . ### transmission system operators shall not limit the volume of interconnection capacity to be made available to market participants in order to solve congestion inside their own control area , except for congestion on internal network elements having cross - border relevance . transmission system operators may limit the volume of interconnection capacity to be made available to market participants or as a means of managing flows on a border between two control areas observed even without any transaction , i . e . flows over control areas caused by origin and destination within one control area which are below the level of threshold established within the capacity calculation region .


### transmission system operators shall not limit the volume of interconnection capacity to be made available to other market participants in order to solve congestion inside their own control area or as a means of managing flows on a border between two control areas observed even without any transaction , that is to say flows over control areas caused by origin and destination within one control area . ### transmission system operators shall not limit the volume of interconnection capacity to be made available to market participants in order to solve congestion inside their own control area , except for congestion on internal network elements having cross - border relevance . transmission system operators may limit the volume of interconnection capacity to be made available to market participants as a means of managing flows on a border between two control areas observed even without any transaction , that is to say flows over control areas caused by origin and destination within one control area which are below the level of threshold established within the capacity calculation region .


### 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 .


### 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 .


### 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 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 only relevant costs in distribution tariffs and introduce performance targets in order to upgrade existing grids and deploy smart grids in a transparent way , to incentivise distribution system operators to raise efficiencies , including energy efficiency and energy storage , in their networks .


### 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 .


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


### 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 .


### the resources curtailed or redispatched shall be selected amongst generation or demand facilities submitting offers for curtailment or redispatching using market - based mechanisms and be financially compensated . non - market - based curtailment or redispatching of generation or redispatching of demand response shall only be used where no market - based alternative is available , where all available market - based resources have been used , or where the number of generation or demand facilities available in the area where suitable generation or demand facilities for the provision of the service are located is too low to ensure effective competition . the provision of market - based resources shall be open to all generation technologies , storage and demand response , including operators located in other member states unless technically not feasible . ### the resources curtailed or redispatched shall be selected amongst generation or demand facilities using market - based mechanisms and be financially compensated . non - market - based curtailment or redispatching of generation or redispatching of demand response shall only be used for operational security reasons and where no market - based alternative is available or where all available market - based resources have been used . the provision of market - based resources shall be open to all generation technologies , storage and demand response , including operators located in other member states unless technically not feasible .


### 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 .


### coordinated security analysis ; ### coordinated security analysis in accordance with the methodologies developed pursuant to regulation . . . [ the commission regulation establishing a guideline on electricity transmission system operation ] ;


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


### the fundamental rights officer shall , after consulting the consultative forum , draw up a standardized complaint form requiring detailed and specific information concerning the alleged breach of fundamental rights . the fundamental rights officer shall submit that form to the executive director and to the management board . ### the fundamental rights officer shall establish the procedure for the complaints mechanism , after consulting the consultative forum , on the basis of article 41 and 47 of the eu charter of fundamental rights , including a standardized complaint form requiring detailed and specific information concerning the alleged breach of fundamental rights , and the detailed procedures for information , admissibility , follow - up and appeal , including , where necessary , measures to facilitate access to the complaints mechanism and effective remedies for individuals who are residing in a third country . the fundamental rights officer shall submit that form to the executive director and to the management board .


### ‘ 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 ;


### only substantiated complaints involving concrete fundamental rights violations shall be admissible . complaints which are anonymous , malicious , frivolous , vexatious , hypothetical or inaccurate shall be excluded from the complaint mechanism . ### only complaints based on violations of fundamental rights as protected by eu and international law shall be admissible . complaints submitted by third parties acting in good faith in the interest of a complainant who may wish to keep his or her identity undisclosed shall be admitted in the complaint mechanism .


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


### the results of the vulnerability assessment shall be submitted to the supervisory board , which shall advise the executive director on the measures to be taken by the member states based on the results of the vulnerability assessment , and taking into account the agency’s risk analysis and the results of the schengen evaluation mechanism . ### the results of the vulnerability assessment shall be submitted to the advisory board , which shall advise the executive director on the measures to be taken by the member states based on the results of the vulnerability assessment , and taking into account the agency ' s risk analysis and the results of the schengen evaluation mechanism .


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


### the agency and the national authorities which are responsible for border management , including coast guards to the extent that they carry out border control tasks , shall be subject to a duty to cooperate in good faith , and an obligation to exchange information . ### the agency and the national authorities which are responsible for border management , including coast guards to the extent that they carry out border control tasks , shall carry out their tasks in accordance with article 4 of the treaty on european union .


### report regularly to the executive director on the situation at the external border and the capacity of the member state concerned to deal effectively with the situation at the external borders ; ### report regularly to the executive director on the situation at the external border and the capacity of the member state concerned to deal effectively with the situation at the external borders and on the execution of return operations towards relevant third countries and if such report raises concerns about any of these aspects relevant for the member state concerned , the member state shall be informed without delay by the executive director .


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


### the 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 .


### where a member state does not take the necessary corrective measures in accordance with a decision of the management board referred to in article 12 or in the event of disproportionate migratory pressure at the external border , rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the schengen area , the commission , after consulting the agency , may adopt a decision by means of an implementing act , identifying the measures to be implemented by the agency and requiring the member state concerned to cooperate with the agency in the implementation of those measures . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 79 . ### where a member state does not take the necessary measures in accordance with a decision of the management board referred to in article 12 or in the event of a specific and disproportionate pressure at the external border , where a member state has not requested the agency for sufficient support by means of actions mentioned in article 14 , 16 or 17 or is not taking the necessary actions for the implementation of these measures , thus , rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the schengen area , the council based on a proposal by the commission , may adopt without delay a decision by means of an implementing act , identifying the measures that should mitigate these risks to be implemented by the agency and requiring the member state concerned to cooperate with the agency in the implementation of those measures . the commission shall consult the agency before making its proposal .


### border control , including measures related to the prevention , detection and investigation of cross - border crime , where appropriate ; ### border control , which may include measures related to the prevention , detection and investigation of cross - border crime , where appropriate and in articulation with europol ;


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


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


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


### to ensure a coherent european integrated border management at all external borders , the agency shall facilitate and render more effective the application of existing and future union measures relating to the management of external borders , in particular the schengen borders code established by regulation no 562 / 2006 . ### to ensure a coherent european integrated border management at all external borders , the agency shall facilitate and render more effective the application of existing and future union measures relating to the management of external borders , in particular the schengen borders code established by regulation no 562 / 2006 , contribute to the identification , development and sharing of good practices and promote eu border management legislation and standards with a particular focus on fundamental rights and international protection .


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


### participate in the development and management of research and innovation activities relevant for the control and surveillance of external borders , including the use of advanced surveillance technology such as remotely piloted aircraft systems and develop pilot projects regarding matters covered by this regulation ; ### monitor and participate in the development and management of research and innovation activities relevant for the control and surveillance of external borders , including the use of advanced surveillance technology such as remotely piloted aircraft systems and develop pilot projects regarding matters covered by this regulation ;


### report to the agency on aspects relating to the provision of sufficient guarantees by the host member state to ensure the protection of fundamental rights throughout the joint operation or rapid border intervention ; ### observe and promote the application of existing and future union measures relating to the management of external borders and respect for fundamental rights in border management activities , and report to the agency on aspects relating to the provision of sufficient guarantees by the host member state to ensure the protection of fundamental rights throughout the joint operation or rapid border intervention , and report to the agency on aspects relating to the provision of sufficient guarantees by the host member state to ensure the protection of fundamental rights throughout the joint operation or rapid border intervention ;


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


### 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 risk analysis prepared by the agency shall cover all aspects relevant to the european integrated border management , in particular border control , return , irregular secondary movements of third - country nationals within the union , the prevention of cross - border crime including facilitation of irregular immigration , trafficking in human being and terrorism , as well as the situation in neighbouring third countries with a view to developing a pre - warning mechanism which analyses the migratory flows towards the union . ### the risk analysis prepared by the agency shall cover all aspects relevant to the european integrated border management , in particular border control ; reception capacity at the external borders ; the existence of mechanisms for the identification , provision of information to and onward referral of persons who are in need of , or wish to apply for international protection ; return ; irregular secondary movements of third - country nationals within the union , the prevention of the criminal smuggling of persons , trafficking in human being and terrorism , as well as the situation in neighbouring third countries with a view to developing a pre - warning mechanism which analyses the migratory flows towards the union .


### the use by the agency of personal data collected and transmitted to it by the member states or by its own staff in the context of joint operations , pilot projects and rapid border interventions , and by migration management support teamsshall be limited to : ### the use by the agency of personal data collected and transmitted to it by the member states or by its own staff in the context of joint operations , pilot projects and rapid border interventions , and by migration management support teams shall be limited to :


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


### this regulation establishes a complaint mechanism for the european border and coast guard agency , in cooperation with the fundamental rights officer , to monitor and ensure the respect for fundamental rights in all the activities of the agency . this should be an administrative mechanism whereby the fundamental rights officer should be responsible for handling complaints received by the agency in accordance with the right to good administration . the fundamental rights officer should review the admissibility of a complaint , register admissible complaints , forward all registered complaints to the executive director , forward complaints concerning border guards to the home member state and register the follow - up by the agency or that member state . criminal investigations should be conducted by the member states . ### this regulation establishes a complaint mechanism for the european border and coast guard agency , in cooperation with the fundamental rights officer , to monitor and ensure the respect for fundamental rights in all the activities of the agency , including within the framework of the working arrangements concluded with the competent authorities of third countries . this should be an administrative mechanism whereby the fundamental rights officer should be responsible for handling complaints received by the agency in accordance with the right to good administration . the fundamental rights officer should review the admissibility of a complaint , register admissible complaints , forward all registered complaints to the executive director , forward complaints concerning border guards to the home member state and register the follow - up by the agency or that member state . this mechanism should lead to genuine sanctions in cases of violations of fundamental rights . criminal investigations should be conducted by the member states .


### the executive director shall be appointed by the management board on the grounds of merit and documented high - level administrative and management skills , as well as senior professional experience in the field of management of the external borders and return . the management board shall take its decision by a two - thirds majority of all members with a right to vote . ### the cooperation procedure shall be as follows : on the basis of a list drawn up by the commission , following publication of the posts in the official journal of the european union and other press or internet sites as appropriate , and before the appointments are made , applicants will be asked to address the council and the competent european parliament committee and to reply to questions ; the european parliament and the council will then give their opinions and state their orders of preference ; the management board shall appoint the director and deputy executive director taking those opinions into account . the management board shall take its decisions by a two - thirds majority of all members with a right to vote .


### 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 among the member states regarding the management of the external borders , irregular migration 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 .


### 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 , 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 .


### border control , including measures related to the prevention , detection and investigation of cross - border crime , where appropriate ; ### border control , which may include measures related to the prevention and detection of the criminal smuggling of persons , trafficking in human beings and terrorism , where appropriate ;


### the agency may cooperate with the authorities of third countries competent in matters covered by this regulation with the support of and in coordination with union delegations , as well as within the framework of working arrangements concluded with those authorities in accordance with union law and policy . those working arrangements shall be related to the management of operational cooperation . such arrangements shall have received the commission’s prior approval . ### the agency may cooperate with the authorities of third countries competent in matters covered by this regulation with the support of and in coordination with union delegations , as well as within the framework of working arrangements concluded with those authorities in accordance with union law , policy , and norms for the protection of fundamental rights . those working arrangements shall be related to the management of operational cooperation . the european parliament shall be consulted before the determination of such arrangements , which shall also have received the commission ' s prior approval .


### the fundamental rights officer shall be responsible for handling complaints received by the agency in accordance with the right to good administration . for this purpose , the fundamental rights officer shall review the admissibility of a complaint , register admissible complaints , forward all registered complaints to the executive director , forward complaints concerning border guards to the home member state and register the follow - up by the agency or that member state . ### the fundamental rights officer shall be responsible for handling complaints received by the agency in accordance with the eu charter of fundamental rights , including the right to good administration . for this purpose , the fundamental rights officer shall review the admissibility of a complaint , register admissible complaints , forward all registered complaints to the executive director and complaints concerning border guards to the home member state , including the relevant authority or body competent for fundamental rights in member state , within a determined time period . the fundamental rights officer will also register and ensure the follow - up by the agency or that member state . any decision shall be in written form and reasoned . the fundamental rights officer shall inform the complainant of the decision on admissibility , and of the national authorities to which his or her complaint was forwarded . the person shall have the right to appeal decisions on admissibility .


### the agency shall develop and regularly update a code of conduct for the return of illegally staying third - country nationals which shall apply during all return operations and return interventions coordinated or organised by the agency . that code of conduct shall describe common standardised procedures to simplify the organisation of return operations and return interventions , and assure return in a humane manner and with full respect for fundamental rights , in particular the principles of human dignity , prohibition of torture and of inhuman or degrading treatment or punishment , the right to liberty and security and the right to the protection of personal data and non - discrimination . ### the agency shall develop and regularly update a code of conduct for the return of those third - country nationals who are subject to a final return decision which shall apply during all return operations and return interventions coordinated or organised by the agency . that code of conduct shall describe common standardised procedures to simplify the organisation of return operations and return interventions , and assure return in a humane manner and with full respect for fundamental rights , in particular the principles of human dignity , prohibition of torture and of inhuman or degrading treatment or punishment , the right to liberty and security and the right to the protection of personal data and non - discrimination .


### the agency , in cooperation with the fundamental rights officer , shall take the necessary measures to set up a complaint mechanism in accordance with this article to monitor and ensure the respect for fundamental rights in all the activities of the agency . ### the agency , in cooperation with the fundamental rights officer , shall take the necessary measures to set up an independent , impartial and effective complaint mechanism in accordance with this article to monitor and ensure the respect for fundamental rights in all the activities of the agency .


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


### the european border and coast guard shall guarantee the protection of fundamental rights in the performance of its tasks under this regulation in accordance with relevant union law , in particular the charter of fundamental rights of the european union , relevant international law , including the convention relating to the status of refugees and obligations related to access to international protection , in particular the principle of non - refoulement . for that purpose , the agency shall draw up and further develop and implement a fundamental rights strategy . ### the european border and coast guard shall guarantee the protection of fundamental rights in the performance of its tasks under this regulation in accordance with relevant union law , in particular the charter of fundamental rights of the european union , relevant international law , including the 1951 convention relating to the status of refugees , the 1967 protocol thereto , and obligations related to access to international protection , in particular the principle of non - refoulement . for that purpose , the agency shall draw up and further develop and implement a fundamental rights strategy .


### in case of a registered complaint concerning a border guard of a host member state or a member of the teams , including seconded members of the teams or seconded national experts , the home member state shall ensure appropriate follow - up , including disciplinary measures as necessary or other measures in accordance with national law . the relevant member state shall report back to the fundamental rights officer as to the findings and follow - up to a complaint . ### in case of a registered complaint concerning a border guard of a host member state or a member of the teams , including seconded members of the teams or seconded national experts , the home member state shall ensure appropriate follow - up , including disciplinary measures and sanctions as necessary , or other measures in accordance with national law . the relevant member state shall report back to the fundamental rights officer as to the findings and follow - up to a complaint .


### the tasks of the agency’s liaison officers shall include , in compliance with union law and in accordance with fundamental rights , establishing and maintaining contacts with the competent authorities of the third country to which they are assigned with a view to contributing to the prevention of and fight against irregular immigration and the return of illegally staying third - country nationals . those liaison officers shall coordinate closely with union delegations . ### the tasks of the agency’s liaison officers shall include , in compliance with union law and in accordance with fundamental rights , establishing and maintaining contacts with the competent authorities of the third country to which they are assigned with a view to contributing to the prevention of and fight against irregular migration and the return of those third - country nationals who are the subject of a final return decision . those liaison officers shall coordinate closely with union delegations .


### only substantiated complaints involving concrete fundamental rights violations shall be admissible . complaints which are anonymous , malicious , frivolous , vexatious , hypothetical or inaccurate shall be excluded from the complaint mechanism . ### only complaints based on violations of fundamental rights as protected by eu and international law shall be admissible . complaints submitted by third parties acting in good faith in the interest of a complainant who may wish to keep his or her identity undisclosed shall be admitted in the complaint mechanism .


### 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 .


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


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


### in the performance of its tasks , in its relations with member states and in its cooperation with third countries , the agency shall take into account the reports of the consultative forum and the fundamental rights officer . ### in the performance of all its tasks , in its relations with member states and in its cooperation with third countries , the agency shall take into account the reports of the consultative forum and the fundamental rights officer . the agency shall inform the consultative forum and fundamental rights officer how it has altered or not its activities as a response to reports and recommendations of these bodies , and include details in its annual report .


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


### establish a monitoring and risk analysis centre with the capacity to monitor migratory flows and to carry out risk analysis as regards all aspects of integrated border management ; ### establish a monitoring and risk analysis centre with the capacity to monitor and to carry out risk analysis as regards all aspects of integrated border management ;


### the european border and coast guard agency should organise the appropriate technical and operational assistance to member states so as to reinforce their capacity to implement their obligations with regard to the control of the external borders , and to face challenges at the external border resulting from irregular immigration or cross - border crime . in this respect , the european border and coast guard agency should , at the request of a member state or on its own initiative , organise and coordinate joint operations for one or more member states and deploy european border and coast guard teams as well as the necessary technical equipment , and it may deploy experts from its own staff . ### the european border and coast guard agency should organise the appropriate technical and operational assistance to member states so as to reinforce their capacity to implement their obligations with regard to the control of the external borders , and to face challenges at the external border resulting from irregular migration or cross - border crime . in this respect , the european border and coast guard agency should , at the request of a member state or on its own initiative , organise and coordinate joint operations for one or more member states and deploy european border and coast guard teams as well as the necessary technical equipment , and it may deploy experts from its own staff .


### 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