Proposal for a Regulation of the European Parliament and of the Council establishing a mechanism for the creation of Rapid Border Intervention Teams and amending Council Regulation (EC) No 2007/2004 as regards that mechanism
Date: 2006-07-19
Institutions: European Commission
Subjects: EU Member State, EU office or agency, cooperation policy, customs regulations, external border of the EU

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.7.2006 
COM(2006) 401 final 

2006/0140 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing a mechanism for the creation of Rapid Border Intervention Teams and 
amending Council Regulation (EC) No 2007/2004 as regards that mechanism  

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

INTRODUCTION 

On  26  October  2004,  the  Council  adopted  Regulation  (EC)  No  2007/2004  establishing  a 
European Agency for the Management of Operational Cooperation at the External Borders of 
the Member States of the European Union (FRONTEX)1. 

In the course of 2005, the Agency became operational and has since conducted a number of 
operations at the external borders together with Member States. 

Without  prejudice  to  Article  64(2)  of  the  Treaty,  Article  8  of  Council  Regulation  (EC)  No 
2007/2004 provides for support to be given by the Agency to Member States requesting it in 
circumstances requiring increased technical and operational assistance at the external borders. 
This may consist in assistance on co-ordination with other Member States and deployment of 
the  Agency's  own  experts  on  control  and  surveillance  of  the  external  borders  together  with 
their technical equipment. 

The  practical  experience  with  coordination  of  operational  cooperation  of  Member  States  at 
their external borders, both under the aegis of the Agency and of the former External Borders 
Practitioners' Common Unit, shows that there is a need for establishing common rules on the 
tasks that can be performed by border guard officers from one Member State operating in the 
territory of another Member State as part of a joint operation. 

Bearing in mind the critical situations which a number of Member States face in the event of a 
high  influx  of  illegal  immigrants  arriving  by  sea,  it  is  considered  necessary  to  further 
strengthen  the  solidarity  between  Member  States  and  the  Community  in  this  field  by 
introducing  Rapid  Border  Intervention  Teams,  which  can  directly  and  efficiently  assist  the 
national border guard services of Member States in such situations, including with regard to 
the correct implementation of the Schengen Borders Code. 

The  aim  of  this  proposal  is  accordingly  to  establish  a  mechanism  whereby  Member  States 
facing extreme difficulties in controlling their external borders would be able to make use of 
the expertise and manpower of border guards of other Member States on a temporary basis. In 
order to ensure that the officers of border guards of other Member States are used in the most 
efficient way, the proposal also defines the tasks which these officers should perform during 
operational activities in another Member State.  

The present proposal does not cover the bilateral cooperation by Member States assisting each 
other  in  the  day-to-day  control  and  surveillance  of  their  external  borders.  In  the  so  called 
Hague Programme2, which forms part of the conclusions of the European Council on 4 and 5 
November  2004  and  lays  down  the  priorities  for  the  future  development  of  an  area  of 
freedom, security and justice, the European Council has called for the creation of "teams of 
national experts that can provide rapid technical and operational assistance to Member States 
requesting  it,  following  proper  risk  analysis  by  the  Border  Management  Agency  and  acting 

1 
2 

OJ L 349, 25.11.2004, p. 1. 
Doc. 14292/04 CONCL 3. 

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within its framework, on the basis of a proposal by the Commission on the appropriate powers 
and funding of such teams".  

The European Council in the conclusions of its meeting on 15 and 16 December 20053 invited 
the Commission to "bring forward a proposal for the creation of rapid reaction teams made up 
of national experts able to provide rapid technical and operational assistance at times of high 
influxes of migrants, in accordance with the Hague Programme, by Spring 2006".  

This proposal for a Regulation of the European Parliament and of the Council establishing a 
mechanism  for  the  creation  of  Rapid  Border  Intervention  Teams  and  amending  Council 
Regulation  (EC)  No  2007/2004  establishing  a  European  Agency  for  the  Management  of 
Operational Cooperation at the External Borders of the Member States of the European Union 
intends to meet that invitation of the European Council. 

The  proposal,  which  takes  into  account  the  results  of  a  study  on  conferral  of  executive 
powers4,  combines  the  creation  of  teams  of  national  experts,  Rapid  Border  Intervention 
Teams  that  will  act  within  the  framework  of  the  Agency  with  the  introduction  of  common 
rules on the tasks which can be carried out by guest officers of border guards of other Member 
States operating for the purpose of joint operations or deployment as members of the teams 
under the aegis of the Agency. 

It should be noted that the Rapid Border Intervention Teams will be distinctly different from 
both  the  FRONTEX  Joint  Support  Teams,  which  the  Agency  itself  is  setting  up,  and  the 
proposal  for  the  creation  of  a  cooperation  network  in  the  field  of  asylum  which  will,  inter 
alia, facilitate the pooling of experts in the field of asylum, which the Commission intends to 
present in the course of 2006.  

The future Commission proposal for the establishment of a cooperation network in the field of 
asylum will be complementary to the present proposal by inter alia facilitating the exchange 
of  asylum  experts,  interpreters,  psychologists  etc.  to  a  requesting  Member  State  from  other 
Member  States,  on  a  voluntary  basis,  if  that  Member  State  is  confronted  with  the  sudden 
arrivals  of  large  numbers  of  persons  who  may  be  in  need  of  international  protection,  which 
place a significant strain on its reception facilities or asylum systems. 

The FRONTEX Joint Support Teams are essentially a practical system for pooling officers of 
the  national  border  guards  of  Member  States  for  the  purpose  of  participation  in  the  regular 
joint operations organised by the Agency. The joint operations of the Agency target particular 
situations  or  problems,  e.  g.  major  international  events  taking  place  in  the  territories  of  the 
Member States or controlling certain difficult stretches of the external borders and serve the 
double  purpose  of  enhancing  the  level  of  control  and  surveillance  at  the  border  in  question 
and  at  the  same  time  providing  training  on  the  ground  to  the  participating  officers.  Joint 
operations  and  pilot  projects  are  planned  a  year  ahead,  and  are  accordingly  not  suited  for 
countering  crisis  situations.  The  Rapid  Border  Intervention  Teams,  however,  are  created 
solely  for  the  purpose  of  assisting  Member  States  facing  situations  of  particular  pressure, 
especially  the  arrivals  at  points  of  the  external  borders  of  large  numbers  of  third  country 
nationals  trying  to  enter  illegally  into  the  European  Union.  The  Rapid  Border  Intervention 
Teams cannot be deployed for the purpose of participation in joint operations or pilot projects, 

3 
4 

Doc. 15914/05 REV 1 CONCL 3. 
Study  on  conferring  executive  powers  to  border  officers  operating  at  the  external  borders  of  the  EU 
prepared by UNISYS (2006). 

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and  unlike  a  joint  operation,  the  deployment  of  Rapid  Border  Intervention  Teams  to  a 
requesting Member State does not entail any training or exercise aspects, as the members of 
the  teams  are  specialised  experts  who  shall  fill  any  gaps  in  the  control  and  surveillance 
performed  by  the  national  border  guard  service  of  the  requesting  Member  State.  Moreover, 
the  period  of  deployment  of  the  Rapid  Border  Intervention  Teams  will  normally  be  longer 
than  the  average  duration  of  joint  operations,  and  contrary  to  a  deployment  of  the  Rapid 
Border Intervention Teams, the costs of which are borne solely by the Community, the joint 
operations in which the officers of the FRONTEX Joint Support Teams participate are usually 
co-financed by Member States. Obviously, this does not exclude that officers listed for service 
with the Rapid Border Intervention Teams could simultaneously form part of the general pool 
of experts available to the Agency under the FRONTEX Joint Support Teams.  

2. 

OBJECTIVE 

The main objective of Community policy in the field of external borders is the creation of an 
integrated border management ensuring a high and uniform level of control of persons at and 
surveillance  of  the  external  borders.  This  objective,  which  is  considered  an  essential 
prerequisite  for  an  area  of  freedom,  security  and  justice,  requires  inter  alia,  as  foreseen  by 
Article  62(2)(a)  of  the  Treaty,  the  establishment  of  common  rules  as  to  the  standards  and 
procedures to be followed by Member States when controlling persons at the external borders. 

With the adoption  by  the  European Parliament  and  the  Council  of  the  Community  Code  on 
the  rules  governing  the  movement  of  persons  across  borders5,  the  legal  provisions  of  the 
Schengen acquis on external borders have been restructured and brought up to date. 

Similarly, with the establishment of the Agency, a Community mechanism for coordination of 
operational cooperation between Member States at the external borders has been put in place, 
thereby  enhancing  the  correct  implementation  at  operational  level  of  the  common  rules  laid 
down in the above mentioned Community Code. 

The  next  step  is  the  development  of  an  integrated  border  management  system  at  European 
level. Hence the objective of this proposal for a Regulation is accordingly to further enhance 
the  efficiency  of  operational  activities  undertaken  within  the  framework  of  the  Agency  and 
further promote solidarity between Member States and the Community in the field of external 
borders by: 

a) 

b) 

establishing  a  mechanism  for  the  creation  of  Rapid  Border  Intervention  Teams  and 
introducing  provisions  enabling  the  Agency  to  compose  and  deploy  Rapid  Border 
Intervention Teams, consisting of officers of the national border guards of Member 
States. These teams may be deployed on a temporary basis to a requesting Member 
State which faces a situation of particular pressure, especially the arrivals at points of 
the  external  borders  of  large  numbers  of  third  country  nationals  trying  to  enter 
illegally into the European Union, and 

introducing common rules on the tasks of guest officers of the border guards of other 
Member States for the purpose of participating in joint operations, or deployment as 
members of the Rapid Border Intervention Teams in a requesting Member State.  

5 

Regulation (EC) No 562/2006 of 15 March 2006. 

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The  proposal  for  a  Regulation  basically  consists  of  two  parts,  one  dealing  with  the 
establishment of a mechanism for the creation of the Rapid Border Intervention Teams, their 
tasks  and  funding,  and  the  other  amending  Council  Regulation  (EC)  No  2007/2004  for  the 
purpose  of  implementing  the  Rapid  Border  Intervention  Teams  in  the  framework  of  the 
Agency. 

2.1. 

Rapid Border Intervention Teams  

It should be noted, that it is up to each Member State to decide whether it wants to participate 
actively in the Rapid Border Intervention Teams or not by making officers available for the 
establishment of these teams. Furthermore, the Rapid Border Intervention Teams can only be 
deployed to a Member State at its request. However, the proposal for a Regulation defines the 
tasks related to the control of persons at, and the surveillance, of the external borders, which 
guest officers and members of the Rapid Border Intervention Teams shall be able to carry out. 
This is deemed necessary in order to ensure that the success of joint operations at the external 
borders and deployment of the Rapid Border Intervention Teams will not depend on the very 
different national laws of the Member States governing the extent to which the guest officers 
are  able  to  participate  in  control  and  surveillance  activities  at  the  external  border,  as  is  the 
case today. 

This is also important from a cost-efficiency point of view. If the Community undertakes to 
organise  and  pay  for  the  deployment  of  specialised  officers  from  other  Member  States  to 
assist  a  requesting  Member  State  with  the  tasks  of  control  and  surveillance  of  its  external 
border, then these experts should be employed in the most efficient way, i.e. by participating 
in  the  control  and  surveillance  activities  on  an  equal  footing  with  the  national  border  guard 
service of the Member State in question.  

As regards the Rapid Border Intervention Teams, the proposal foresees the establishment of 
lists  of  officers  of  national  border  guards  whom  Member  States  are  willing  to  put  at  the 
disposal  of  the  Agency  for  the  purpose  of  deployment  to  a  requesting  Member  State  in 
circumstances requiring increased technical and operational assistance at the external borders 
of that Member State. The officers serving with the Rapid Border Intervention Teams will not 
become  staff  of  the  Agency,  but  shall  remain  officers  of  their  respective  national  border 
guards,  thus  forming  a  permanent  pool  of  expert  officers,  which  the  Agency  can  draw  on 
when requested to deploy the Rapid Border Intervention Teams. The Member States, which 
have  declared  themselves  willing  to  put  officers  at  the  disposal  of  the  Agency  for  the 
establishment of the Rapid Border Intervention Teams, shall make these officers available to 
the Agency for deployment at short notice to another Member State and for regular training 
and exercise purposes in accordance with an annual schedule. The costs connected with the 
participation  of  the  officers  in  the  Rapid  Border  Intervention  Teams,  with  the  exception  of 
regular salaries, shall be covered by the Agency6.  

In order to ensure that the members of the Rapid Border Intervention Teams have the same 
high  level  of  expertise  on  border  control  related  issues  and  are  able  to  work  together 
efficiently  in  crisis  situations,  the  Agency  shall  offer  basic  and  advanced  training  to  the 
members  of  the  Rapid  Border  Intervention  Teams  and  conduct  regular  exercises  with  them. 
The team members are obliged to participate in these activities as well as in deployment to a 

6 

The costs to be covered by the Agency would be: Accommodation costs, subsistence costs, travel costs 
and, where necessary, vaccination and/or special insurance costs. 

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Member  State  when  requested  by  the  Agency.  The  team  members  shall  receive  a  daily 
subsistence allowance for the periods of training, exercise and deployment from the Agency. 
The  Agency  may  acquire  technical  equipment  for  the  control  and  surveillance  of  external 
borders to be used in the framework of the Rapid Border Intervention Teams7.  

According to the proposal, a Member State in circumstances requiring increased technical and 
operational assistance at its external borders may request the Agency to deploy one or more 
Rapid Border Intervention Teams to its territory on a temporary basis. Before deciding on the 
request, the Agency shall assess the situation at the external borders of the requesting Member 
State on the basis of the relevant information provided by it or by any other Member State. If 
necessary,  an  assessment  mission  can  be  organised  by  the  Agency  to  this  end.  The  Agency 
shall  also  make  use  of  its  general  and  tailored  risk  analyses.  It  follows  from  the  proposed 
wording of Article 8a of Council Regulation (EC) No 2007/2004 that the Agency will not be 
obliged  to  deploy  the  Rapid  Border  Intervention  Teams  in  all  circumstances.  The  decision 
will  depend  on  the  gravity  of  the  situation.  In  some  cases,  the  Executive  Director  of  the 
Agency  may  decide  instead  to  simply  assist  the  requesting  Member  State  on  matters  of 
coordination with other Member States with a view to tackling the problems encountered at 
its  external  borders.  Alternatively,  the  Executive  Director  may  deploy  the  Agency's  own 
expert staff to support the requesting Member State in an advisory capacity. The deployment 
of  the  Rapid  Border  Intervention  Teams  will  thus  be  reserved  for  more  critical  situations, 
where other means of assistance are deemed insufficient.  

The Executive Director shall take a decision on the request within five working days from the 
date  of  the  request  and  shall  notify  in  writing  both  the  requesting  Member  State  and  the 
Management Board of the decision, which shall set out the main reasons. 

If  the  Executive  Director  decides  to  meet  the  request,  an  operational  plan  detailing  the 
duration  of  deployment  of  the  Rapid  Border  Intervention  Team(s),  the  precise  geographical 
locations where they will be used, the tasks of the teams, their composition and their numbers, 
the tasks conferred on them, as well as their place in the chain of command and the names and 
ranks  of  their  commanders  from  the  national  border  guard  of  the  requesting  Member  State 
shall  be  drawn  up.  It  should  be  noted,  that  the  actual  composition  of  a  Rapid  Border 
Intervention Team will vary from case to case, depending on the situation and needs on the 
ground.  Any  amendments  or  adaptations  to  the  operational  plan  proposed  either  by  the 
requesting Member State or by the liaison officer of the Agency will have to be agreed by the 
Executive Director and the requesting Member State.  

The  Rapid  Border  Intervention  Team(s)  to  be  deployed  will  thus  be  tailored  to  the  specific 
situation  facing  the  requesting  Member  State.  They  shall  be  deployed  within  five  working 
days from the date of the agreement on the operational plan. 

A  liaison  officer  appointed  by  the  Executive  Director  from  among  the  staff  of  the  Agency 
shall  accompany  the  Rapid  Border  Intervention  Teams  when  deployed  to  the  requesting 
Member State. The liaison officer shall represent the Agency both vis-à-vis the members of 
the teams and the Member State to which they are deployed. He/she shall act as an observer 
and report on all aspects of the deployment to the Agency.  

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The Agency can, where necessary, acquire technical equipment for control and surveillance purposes to 
be used by the Rapid Border Intervention Teams. This could e.g. be radio communication equipment, 
night vision binoculars etc. 

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In particular, the liaison officer shall  

–  act as an interface between the Agency and the host Member State; 

–  act  as  an  interface  between  the  Agency  and  the  members  of  the  team(s),  providing 
assistance,  on  behalf  of  the  Agency,  on  all  issues  related  to  the  conditions  for  their 
deployment with the team(s); 

–  monitor the implementation of the operational plan; 

–  assess the impact of the deployment of the team(s). 

The  host  Member  State  shall  inform  the  liaison  officer  about  all  decisions  taken  by  its 
authorities with regard to the Rapid Border Intervention Teams. 

While deployed, all travel and accommodation costs of the Rapid Border Intervention Teams 
and the liaison officer of the Agency shall be covered by the Agency. The requesting Member 
State shall have command over the Rapid Border Intervention Teams, the members of which 
shall not take any orders from their Member States of origin during periods of deployment.  

2.2. 

Tasks  of  guest  officers  and  members  of  the  Rapid  Border  intervention  Teams 
with  regard  to  the  control  of  persons  at,  and  the  surveillance  of,  the  external 
borders  

Today the legal situation for guest officers of border guards of one Member State operating in 
another  Member  State  vary  considerably  from  Member  State  to  Member  State.  In  some 
Member  States  there  is  a  possibility  to  confer  a  whole  array  of  tasks  upon  these  officers, 
whereas in other Member States only very few tasks are conferrable upon guest officers. 

Given that control of persons at the external borders is governed by Community law, and that 
the operational cooperation between Member States at the external borders is coordinated by a 
Community agency, the present legal situation of guest officers, as governed by the national 
law of Member States, can no longer be deemed sufficient to attain the desired results.  

If, for instance, in Member State A guest officers participating in a joint operation coordinated 
by  the  Agency  cannot  control  persons  at  the  border  crossing  points,  but  must  remain 
observers, whereas in the neighbouring Member State B the same guest officers participating 
in  the  same  kind  of  joint  operation  can  do  such  controls,  then  the  output  of  the  two  joint 
operations  will  be  very  different,  both  in  terms  of  cost-efficiency  and  the  promotion  of 
cooperation  at  European  level  between  the  national  border  guards  of  Member  States.  The 
same  obviously  applies  to  the  deployment  of  Rapid  Border  Intervention  Teams  in  Member 
States.  

There  is  accordingly  a  need  to  establish  a  list  of  tasks  that  can  be  conferred  upon  guest 
officers  of  border  guards  of  other  Member  States.  The  proposal  for  a  Regulation,  however, 
explicitly  limits  the  scope  of  the  harmonisation  of  the  tasks  related  to  the  control  and 
surveillance of external borders that can be performed by guest officers and members of the 
Rapid  Border  Intervention  Teams  to  joint  operations  coordinated  by  the  Agency  and  to  the 
deployment  of  the  Rapid  Border  Intervention  Teams  in  the  framework  of  the  Agency  to  a 
requesting Member State.  

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The  tasks  to  be  performed  by  guest  officers  and  members  of  the  Rapid  Border  Intervention 
Teams  for  the  purposes  of  participating  in  joint  operations  coordinated  by  the  Agency  and 
deployment to a requesting Member State are the following. 

As regards checks of persons at the external borders: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

to  check  the  travel  documents  of  any  person  crossing  the  border,  in  order  to 
ascertain  the  validity  and  authenticity  of  such  documents  and  establish  the 
identity of the persons; 

to use technical devices to check the travel documents in accordance with point 
(a); 

to interview any person crossing the border in order to verify the purpose and 
conditions of the journey, as well as that he/she possesses sufficient means of 
subsistence and the required documents; 

to check that the person is not the object of an alert for refusal of entry in the 
Schengen information system (SIS); 

to  stamp  travel  documents,  in  accordance  with  Article  10  of  the  Community 
Code, both at entry and exit; 

to  search  means  of  transport  and  objects  in  the  possession  of  the  persons 
crossing  the  border,  in  accordance  with  the  national  law  of  the  host  Member 
State. 

As regards surveillance of the external borders: 

(a) 

(b) 

(c) 

to make use of technical means for monitoring the external border area; 

to participate in patrols on foot and in means of transport in the external border 
area of the host Member State; 

to  prevent  persons  from  crossing  illegally  the  external  border  of  the  host 
Member State in accordance with the national law of that Member State; 

The  Commission  considers  the  performance  of  these  tasks  necessary  for  guest  officers 
participating  in  joint  operations  coordinated  by  the  Agency  and  for  members  of  the  Rapid 
Border  Intervention  Teams  deployed  to  a  requesting  Member  State.  They  are  based  on  the 
common rules on control of persons at and surveillance of the external borders, as laid down 
in the Community Code on the rules governing the movement of persons across borders.  

Guest  officers  and  members  of  the  Rapid  Border  Intervention  Teams  shall  moreover  be 
entitled  to  wear  their  own  uniforms,  however  with  insignia  clearly  identifying  them  as 
participating in a joint operation/deployment of the Rapid Border Intervention Teams. They 
shall  also  be  issued  with  a  document  identifying  them  and  giving  proof  of  their  right  to 
exercise the above mentioned tasks. 

The  issues  of  the  criminal  and  civil  liability  of  guest  officers  and  members  of  the  Rapid 
Border  Intervention  Teams  while  on  duty  in  another  Member  State  than  their  own  is  also 

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regulated  using  the  model  of  the  Council  Framework  Decision  of  13  June  2002  on  joint 
investigation teams8.  

The  tasks  to  be  performed  by  guest  officers  and  members  of  the  Rapid  Border  Intervention 
Teams  do  not  pertain  to  joint  return  operations,  as  the  role  of  the  Agency  in  this  respect  is 
limited  to  providing  Member  States  with  the  necessary  support  in  organising  joint  return 
operations. Furthermore, the present proposal deals with how to integrate guest officers and 
members of the Rapid Border Intervention Teams into the system of the national border guard 
of the host Member State for the duration of a joint operation or a deployment by the teams 
taking  place  on  territory  of  that  Member  State.  In  most  cases,  the  nature  of  joint  return 
operations and the powers necessary for carrying out such operations differ significantly from 
the  above  mentioned  situation  regarding  joint  operations  at  external  borders  and  would 
require a different legal framework.  

3. 

IMPLEMENTATION 

The Rapid Border Intervention Teams shall be set up by the Agency in close cooperation with 
the Member States. The Agency shall be responsible for managing the teams, both in terms of 
administration  (keeping  the  lists  of  available officers and  organising specialised training  for 
them),  and  in  terms  of  taking  all  decisions  concerning  the  deployment  of  the  teams  to 
requesting Member States.  

The provisions defining the tasks related to the control of persons at and the surveillance of 
external borders performed by guest officers and members of the Rapid Border Intervention 
Teams shall be implemented in the framework of Member States operational cooperation at 
the external borders under the coordination of the Agency. 

4. 

FUNDING 

The  costs  of  establishing  and  maintaining  the  Rapid  Border  Intervention  Teams,  including 
training, exercises and deployment, shall be covered by the budget of the Agency. 

5. 

THE CHOICE OF THE LEGAL BASIS 

Articles 62(2)(a) and 66 of the Treaty establishing the European Community is the legal basis 
of  this  Regulation  whose  immediate  objective  is  to  further  enhance  the  efficiency  of 
operational cooperation between Member States on control of persons at the external borders 
and to promote solidarity between Member States and the Community in this field.  

6. 

SUBSIDIARITY AND PROPORTIONALITY 

Title  IV  on  visas,  asylum,  immigration  and  other  policies  related  to  the  free  movements  of 
persons  confers  powers  upon  the  Community  in  these  fields.  This  responsibility  must, 
however, be exercised in  accordance  with Article 5 of the Treaty establishing the European 
Community; i. e. if and in so far as action taken at Community level offers clear advantages, 

8 

OJ L 162, 20.6.2002, p. 1. 

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by  reason  of  its  scale  or  effects,  over  action  at  Member  State  level.  The  proposal  for  a 
Regulation satisfies these criteria. 

Subsidiarity 

Individual  Member  States  cannot  ensure  a  coherent  and  harmonised  legislation  on  the 
conferral  of  tasks  upon  guest  officers  of  border  guards  of  other  Member  States  for  the 
purposes of participating in joint operations at the external borders coordinated by the Agency 
and for deployment to a requesting Member State. A Community legislative act is therefore 
necessary to ensure a sufficient level of harmonisation. 

Likewise,  the  creation  and  management  of  Rapid  Border  Intervention  Teams  cannot  be 
achieved  at  the  level  of  the  Member  States,  but  require  action  and  coordination  by  the 
Community.  

Proportionality 

The  Regulation  establishes  common  rules  for  the  conferral  of  tasks  upon  guest  officers  of 
border guards of other Member States for the purposes of participating in joint operations at 
the external borders coordinated by the Agency and for deployment to a requesting Member 
State. It also provides for the establishment of Rapid Border Intervention Teams. Such issues 
must be subject to clear and uniform rules contained in a Regulation, which is the appropriate 
instrument for amending Regulations establishing Community Agencies. The Regulation does 
not go beyond what is necessary to achieve those objectives. 

EN 

10 

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2006/0140 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing a mechanism for the creation of Rapid Border Intervention Teams and 
amending Council Regulation (EC) No 2007/2004 as regards that mechanism  

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
62(2)(a) and 66 thereof, 

Having regard to the proposal from the Commission9, 

Having regard to the opinion of the European Economic and Social Committee10, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty11, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

On 26 October 2004, the Council adopted Regulation (EC) No 2007/2004 establishing 
a  European  Agency  for  the  Management  of  Operational  Cooperation  at  the  External 
Borders of the Member States of the European Union (the Agency). 

A  Member  State  facing  circumstances  requiring  increased  technical  and  operational 
assistance at its external borders may, without prejudice to Article 64(2) of the Treaty, 
under Article 8 of Regulation (EC) No 2007/2004 request the Agency for assistance in 
the form of coordination, where more Member States are involved, and/or deployment 
of experts of the Agency to support its competent authorities.  

Bearing in mind the critical situations which Member States from time to time have to 
deal with at their external borders, in particular as regards the arrivals at points of the 
external  borders  of  large  numbers  of  third  country  nationals  trying  to  enter  illegally 
into  the  European  Union,  the  current  possibilities  of  rendering  efficient  practical 
assistance with regard to the control of persons at and the surveillance of the external 
borders at European level are not considered sufficient.  

A Member State should in addition have the possibility to request the deployment, in 
the  framework  of  the  Agency,  of  rapid  Border  Intervention  Teams  comprising 
specially trained experts from other Member States to its territory to assist its national 
border guards on a temporary basis. 

9 
10 
11 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 

EN 

11 

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(5) 

(6) 

(7) 

(8) 

A mechanism for the creation of Rapid Border Intervention Teams should therefore be 
established. 

In order to work effectively together with national border guards, the experts should be 
able to carry out tasks related to the control of persons at and the surveillance of the 
external borders while deployed to the Member State requesting their assistance. 

Similarly,  the  efficiency  of  joint  operations  coordinated  by  the  Agency  should  be 
further  improved  by  enabling,  on  a  temporary  basis,  guest  officers  of  other  Member 
States to carry out tasks related to the control of persons at and the surveillance of the 
external borders while deployed to the Member State requesting their assistance. 

It is therefore necessary to introduce new provisions in Regulation (EC) No 2007/2004 
concerning the tasks of guest officers of border guards of other Member States and the 
specially  trained  experts  of  other  Member  States  deployed  to  a  Member  State  at  its 
request in the framework of the Agency.  

(9) 

Regulation  (EC)  No  2007/2004  of  26  October  2004  should  therefore  be  amended 
accordingly.  

(10)  Since the objectives of this Regulation, namely the introduction of common legislation 
on  tasks  to  be  performed  by  guest  officers  of  border  guards  of  other  Member  States 
and the establishment of teams of experts from other Member States to be deployed at 
the request of a Member State to its territory, cannot be sufficiently achieved by the 
Member  States  and  can  therefore  be  better  achieved  at  Community  level,  the 
Community  may  adopt  measures,  in  accordance  with  the  principle  of  subsidiarity  as 
set out in Article 5 of the Treaty. In accordance with the principle of proportionality, 
as set out in that Article, this Regulation does not go beyond what is necessary in order 
to achieve those objectives. 

(11)  This Regulation respects the fundamental rights and observes the principles recognised 
by  Article  6(2)  of  the  Treaty  on  European  Union  and  reflected  in  the  European 
Convention for the Protection of Human Rights and Fundamental Freedoms as well as 
in the Charter of Fundamental Rights of the European Union. 

(12)  As  regards  Iceland  and  Norway,  this  Regulation  constitutes  a  development  of  the 
Schengen  acquis  within  the  meaning  of  the  Agreement  concluded  by  the  Council  of 
the  European  Union  and  the  Republic  of  Iceland  and  the  Kingdom  of  Norway 
concerning  the  association  of  those  two  States  with  the  implementation,  application 
and  development  of  the  Schengen  acquis,  which  fall  within  the  area  referred  to  in 
Article 1, point A, of Council Decision 1999/437/EC12 on certain arrangements for the 
application of that Agreement. 

(13)  As regards Switzerland, this Regulation constitutes a development of provisions of the 
Schengen acquis within the meaning of the Agreement signed between the European 
Union,  the  European  Community  and  the  Swiss  Confederation  concerning  the 
association  of  the  Swiss  Confederation  with  the  implementation,  application  and 
development of the Schengen acquis, which fall within the area referred to in Article 

12 

OJ L 176, 10.7.1999, p. 31. 

EN 

12 

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1, point A, of Decision 1999/437/EC read in conjunction with Article 4(1) of Council 
Decisions 2004/849/EC13 and 2004/860/EC14. 

(14) 

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  Denmark 
annexed to the Treaty on European Union and to the Treaty establishing the European 
Community, Denmark is not taking part in the adoption of this Regulation and is not 
bound  by  it,  or  subject  to  its  application.  Given  that  this  Regulation  builds  upon  the 
Schengen acquis under the provisions of Title IV, Part Three of the Treaty establishing 
the European Community, Denmark should, in accordance with Article 5 of the said 
Protocol,  decide  within  a  period  of  six  months  after  the  Council  has  adopted  this 
Regulation whether it will implement it in its national law or not. 

(15)  This  Regulation  constitutes  a  development  of  provisions  of  the  Schengen  acquis  in 
which  the  United  Kingdom  does  not  take  part,  in  accordance  with  Council  Decision 
2000/365/EC of 29 May 200015 concerning the request of the United Kingdom to take 
part  in  some  of  the  provisions  of  the  Schengen  acquis.  The  United  Kingdom  is 
therefore  not  taking  part  in  its  adoption  and  is  not  bound  by  it  or  subject  to  iuts 
application. 

(16)  This  Regulation  constitutes  a  development  of  provisions  of  the  Schengen  acquis  in 
which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 
28 February 200216 concerning Ireland's request to take part in some of the provisions 
of the Schengen acquis. Ireland is therefore not taking part in its adoption and is not 
bound by it or subject to its application. 

(17) 

In  this  Regulation,  the  provisions  of  Article  7(1)(d)  and  (2)  constitute,  to  the  extent 
that  they  refer  to  access  being  given  to  the  Schengen  Information  System  (SIS), 
provisions  building  on  the  Schengen  acquis  or  otherwise  related  to  it  within  the 
meaning of Article 3(2) of the 2003 and 2005 Acts of Accession,  

HAVE ADOPTED THIS REGULATION: 

Article 1 
Subject matter 

This  Regulation  establishes  a  mechanism  for  the  purposes  of  providing  rapid  technical  and 
operational assistance to a requesting Member State facing a situation of particular pressure, 
especially  the  arrivals  at  points  of  the  external  borders  of  large  numbers  of  third  country 
nationals  trying  to  enter  illegally  into  the  European  Union,  in  form  of  Rapid  Border 
Intervention Teams. The Regulation also defines the tasks to be performed by guest officers 
and members  of the Rapid Border Intervention Teams during operations in a Member State 
other than their own. 

13 
14 
15 
16 

OJ L 368, 15.12.2004, p. 26. 
OJ L 370, 17.12.2004, p. 78. 
OJ L 131, 1.6.2000, p. 43. 
OJ L 64, 7.3.2002, p. 20. 

EN 

13 

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For the purposes of this Regulation, the following definitions shall apply:  

Article 2 
Definitions 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

1. 

2. 

3. 

“the  Agency”  means  the  European  Agency  for  the  Management  of  Operational 
Cooperation at the External Borders of the Member States of the European Union for 
deployment of the Rapid Border Intervention Teams; 

"joint  operations"  means  joint  operations  as  referred  to  in  Article  3  of  Regulation 
(EC) No 2007/2004; 

"pilot projects" means pilot projects as referred to in Article 3 of Regulation (EC) No 
2007/2004; 

"guest  officers"  means  officers  of  border  guard  services  of  other  Member  States 
participating  in  joint  operations  and  pilot  projects  [on  the  territory  of  a  Member 
State]; 

"members of the team(s)" means officers of border guard services of Member States 
serving with the Rapid Border Intervention Teams; 

"requesting  Member  State"  means  a  Member  State  which  requests  the  Agency  to 
deploy the Rapid Border Intervention Teams in its territory; 

"host  Member  State"  means  a  Member  State  on  the  territory  of  which  a  joint 
operation, a pilot project or the deployment of the Rapid Border Intervention Teams 
takes place;  

“home Member State” means the Member State in which the guest officer or member 
of the team is a national border guard. 

Article 3 
Composition and deployment of Rapid Border Intervention Teams 

The composition of the Rapid Border Intervention Teams shall be determined by the 
Agency in accordance with Article 8b of Regulation (EC) No 2007/2004.  

The  teams  shall  be  deployed  by  the  Agency  in  accordance  with  Article  8f  of  that 
Regulation.  

Member States shall provide the names of any officers of their national border guards 
whom they intend to make available for the Rapid Border Intervention Teams to the 
Agency. 

Upon  request,  Member  States  shall  make  the  officers  referred  to  in  paragraph  2 
available to the Agency for the purpose of participating in: the following activities 

(a) 

training courses and exercises in accordance with the schedule included in the 
Agency's annual programme of work; 

EN 

14 

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(b) 

deployment, at short notice, in another Member State. 

4. 

The  costs  relating  to  the  activities  referred  to  in  paragraph  3  shall  be  met  by  the 
Agency in accordance with Article 8d of Regulation (EC) No 2007/2004.  

1. 

2. 

3. 

1. 

2. 

1. 

2. 

Article 4 
Rights and obligations of members of the teams 

Members  of  the  teams  shall  remain  officers  of  the  national  border  guards  of  their 
Member States and shall continue to be paid by them. While deployed as members of 
the teams they shall, however, only take instructions from the host Member State in 
accordance  with  the  operational  plan  agreed  between  the  Agency  and  that  Member 
State, as laid down in Article 8d(4) of Regulation (EC) No 2007/2004. 

Officers whose names have been provided to the Agency pursuant to Article 3(2) of 
this  Regulation  shall  participate  in  basic  and  additional  training  relevant  for  their 
tasks  as  well  as  the  regular  exercises  provided  by  the  Agency  in  accordance  with 
Article 8c of Regulation (EC) No 2007/2004.  

Officers  shall  receive  a  daily  subsistence  allowance  for  the  duration  of  their 
participation in training courses and exercises organised by the Agency, and periods 
of deployment as members of the teams in accordance with Article 8d of Regulation 
(EC) No 2007/2004.  

Article 5 
 Deployment of the Rapid Border Intervention Teams  

During  deployment  of  the  Rapid  Border  Intervention  Team(s),  command  over  the 
team(s)  shall  be  held  by  the  host  Member  State  in  accordance  with  the  operational 
plan.  The  requesting  Member  State  shall  immediately  inform  the  Agency  of  all 
decisions taken by its competent authorities with regard to the team(s), including in 
particular any proposals for amendments or adaptations to the operational plan. 

The host Member State shall give all necessary assistance to the liaison officer of the 
Agency accompanying the Rapid Border Intervention Team(s), including full access 
to the team(s) at all times throughout the deployment. 

Article 6  
Tasks of guest officers and members of the teams 

For the purpose of joint operations and pilot projects coordinated by the Agency and 
the deployment of the Rapid Border Intervention Teams, guest officers and members 
of the teams shall perform the tasks referred to in Articles 7 and 8 for the durations of 
such activities. 

When  carrying  out  the  tasks  referred  to  in  Articles  7  and  8,  guest  officers  and 
members of the teams shall comply with Community law and the national law of the 
host  Member  State.  They  shall  act  under  the  command  of  officers  of  the  national 
border guard of the host Member State.  

EN 

15 

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3. 

Guest  officers  and  members  of  the  teams  shall  be  authorised  to  wear  their  own 
uniform while performing the tasks referred to in Articles 7 and 8. 

They  shall  wear  a  blue  armband  with  the  insignia  of  the  European  Union  on  their 
uniforms,  identifying  them  as  participating  in  a  joint  operation  or  pilot  project 
coordinated by the Agency or a deployment of the Rapid Border Intervention Teams.  

For  the  purposes  of  identification  vis-à-vis  national  authorities  of  the  host  Member 
State and citizens, guest officers and members of the teams shall at all times carry an 
accreditation  document,  as  provided  for  in  Article  9,  which  they  shall  present  on 
request.  

Guest officers and members of the teams authorized to carry service weapons in their 
Home Member State may carry such weapons while performing the tasks referred to 
in Articles 7 and 8 only with the consent of the host Member State and in accordance 
with its national law. 

Article 7 
Border checks 

Guest  officers  and  members  of  the  teams  participating  in  border  checks  activities, 
within the meaning of Article 7 of Regulation (EC) No 562/2006 shall perform the 
following tasks in the host Member State: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

checking  the  travel  documents  of  any  person  crossing  the  border,  in  order  to 
ascertain  the  validity  and  authenticity  of  such  documents  and  establish  the 
identity of the persons; 

using technical devices to check the travel documents in accordance with point 
(a); 

interviewing any person crossing the border in order to verify the purpose and 
conditions  of  the  journey,  as  well  as  that  the  person  concerned  possesses 
sufficient means of subsistence and the required documents; 

checking  that  any  person  crossing  the  border  is  not  the  object  of  an  alert  for 
refusal of entry in the Schengen information System (SIS);  

stamping travel documents, in accordance with Article 10 of Regulation (EC) 
No 562/2006, both at entry and exit; 

searching  means  of  transport  and  objects  in  the  possession  of  the  persons 
crossing  the  border,  in  accordance  with  the  national  law  of  the  host  Member 
State. 

Access  by  guest  officers  and  members  of  the  teams  to  the  SIS  and  to  national 
databases  for the  purposes of paragraph 1(d) shall be regulated by Community  law 
and the national law of the host Member State respectively. 

Decisions  to  refuse  entry  in  accordance  with  Article  13  of  Regulation  (EC)  No 
562/2006  shall  be  taken  by  guest  officers  and  members  of  the  teams  only  after 

4. 

1. 

2. 

3. 

EN 

16 

   EN 

 
consultation  with,  and  subject  to  the  agreement  of,  a  commanding  officer  of  the 
national border guard of the host Member State. 

Any appeal against such a decision shall be addressed to the competent authorities of 
the host Member State. 

Article 8 
Surveillance 

Guest  officers  and  members  of  the  teams  participating  in  surveillance  activities,  within  the 
meaning of Article 12 of Regulation (EC) No 562/2006 shall perform the following tasks in 
the host Member State: 

(a) 

(b) 

(c) 

making use of technical means for monitoring the external border area; 

participating in patrols on foot and in means of transport in the external border 
area of the host Member State; 

preventing  persons  from  illegally  crossing  the  external  border  of  the  host 
Member State in accordance with Community law and the national law of that 
Member State; 

Article 9 
Accreditation document  

1. 

The host Member State shall issue a document to guest officers and members of the 
teams for the purpose of identifying them and as proof of the holder's rights to carry 
out  the  tasks  referred  to  in  Articles  7  and  8.  The  documents  shall  include  the 
following features: 

(a) 

name and nationality of the guest officer/member of the team; 

(b) 

rank of the guest officer/member of the team; 

(c) 

a recent digitalised photo of the guest officer/member of the team; 

(d) 

(e) 

(f) 

the 
information  on 
officer/member of the team is participating; 

joint  operation/deployment 

in  which 

the  guest 

the  tasks  the  guest  officer/member  of  the  team  may  carry  out  pursuant  to 
Articles 7 and 8;  

the  period  in  which  the  guest  officer/member  of  the  team  is  to  carry  out  the 
tasks referred to in Articles 7 and 8. 

2. 

The  document  shall  be  returned  to  the  host  Member  State  at  the  end  of  the  joint 
operation, pilot project or deployment of the Rapid Border Intervention Teams.  

EN 

17 

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Article 10 
Civil liability regarding guest officers and members of the teams  

1. 

2. 

3. 

4. 

Where  guest  officers  and  members  of  the  teams  are  operating  in  a  Member  State 
other than that of whose border guards they are officers, the home Member State(s) 
shall  be  liable  for  any  damage  caused  by  them  during  the  joint  operations  or 
deployment  of  the  teams,  in  accordance  with  the  national  law  of  the  host  Member 
State. 

The  host  Member  State  shall  make  good  such  damage  to  the  victims  or  persons 
entitled on their behalf in accordance with its national law. 

The home Member State(s) shall reimburse the host Member State in full any sums it 
has paid to the victims or persons entitled on their behalf. 

Without  prejudice  to  the  exercise  of  its  rights  vis-à-vis  third  parties  and  with  the 
exception of paragraph 3, each Member State shall refrain, in the case provided for in 
paragraph  1,  from  requesting  reimbursement  of  damages  it  has  sustained  from 
another Member State. 

Article 11 
Criminal liability regarding guest officers and members of the teams 

During  joint  operations,  pilot  projects  or  deployment  of  Rapid  Border  Intervention  Teams, 
guest  officers  and  members  of  the  teams  shall  be  regarded  as  officials  of  the  host  Member 
State with respect to offences committed against them or by them.  

Article 12 
Amendment 

Regulation (EC) No 2007/2004 is amended as follows: 

(1) 

In Article 2(1), the following point (g) is added: 

"(g) deploy Rapid Border Intervention Teams to Member States requesting assistance 
when faced with situations of particular pressure, especially the arrivals at points of 
the  external  borders  of  large  numbers  of  third  country  nationals  trying  to  enter 
illegally into the European Union;" 

(2) 

Article 8(3) is replaced by the following: 

"3.  The  Agency  may  acquire  technical  equipment  for  control  and  surveillance  of 
external borders to be used by its experts and [in the framework of] the Rapid Border 
Intervention  Teams  for  the  duration  of  their  deployment  in  the  Member  State(s)  in 
question." 

EN 

18 

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(3) 

The following Articles 8a to 8h are inserted: 

"Article 8a 
Rapid Border Intervention Teams 

Where the measures referred to in Article 8(2)(a) and (b) are not deemed sufficient to counter 
a  situation  of  particular  pressure,  the  Agency  may  deploy  one  or  more  Rapid  Border 
Intervention Teams to a requesting Member State for the appropriate duration. 

Article 8b 
Composition of Rapid Border Intervention Teams 

1. 

2. 

The Agency shall draw up and keep lists of the names of the officers of the national 
border  guards  which  the  Member  States  have  provided  to  the  Agency  pursuant  to 
Article 3(2) of Regulation (EC) No …./…[this Regulation]  

When  drawing  up  the  lists,  the  Agency  shall  take  into  account  the  relevant 
professional experience of the officers, in particular the knowledge of languages. 

When  determining  the  composition  of  a  Rapid  Border  Intervention  Team  for 
deployment,  the  Agency  shall  take  into  account  the  particular  circumstances  which 
the  requesting  Member  State  is  facing.  The  team  shall  be  composed  in  accordance 
with the operational plan drawn up pursuant to Article 8f(3). 

Article 8c 
National contact point 

Member States shall designate a national contact point for communication with the Agency on 
all  matters  pertaining  to  the  Rapid  Border  Intervention  Teams.  The  national  contact  point 
shall be reachable at all times. 

Article 8d 
Costs 

1. 

The  Agency  shall  cover  the  following  costs,  except  regular  salaries,  incurred  by 
Member  States  in  making  available  officers  of  their  national  border  guards  for  the 
Rapid Border Intervention Teams for the purposes mentioned in Article 3(3) (a) and 
(b): 

(a) 

travel costs from the Member State of origin to the host Member State; 

(b) 

costs related to vaccinations; 

(c) 

(d) 

costs related to special insurance needs in connection with the deployment  

daily  subsistence  allowances,  as  provided  for  in  Article  4(3)  of  Regulation 
(EC) No …/…[this Regulation]. 

EN 

19 

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2. 

Detailed  rules  concerning  the  payment  of  the  daily  subsistence  allowance  of 
members  of  the  Rapid  Border  Intervention  Teams  shall  be  established  by  the 
Management Board. 

Article 8e 
Training and exercises  

The Agency shall provide officers whose names appear on the lists referred to in Article 8b(1) 
with  basic  and  additional  training  relevant  for  their  tasks.  It  shall  also  conduct  regular 
exercises with those officers in accordance with a schedule laid down in the Agency's annual 
programme of work. 

1. 

2. 

3. 

4. 

5. 

Article 8f 
Procedure for deciding on deployment of the Rapid Border Intervention Teams 

When deciding on the request of a Member State for deployment of the Rapid Border 
Intervention Teams in accordance with Article 8a, the Executive Director shall take 
into account the findings of the Agency's risk analyses as well as any other relevant 
information  provided  by  the  requesting  Member  State  or  another  Member  State.  If 
required, the Executive Director may send an expert from the Agency to assess the 
situation at the external borders of the requesting Member State. 

The  Executive  Director  shall  take  a  decision  on  the  request  for  deployment  of  the 
Rapid Border Intervention Teams as soon as possible and no later than five working 
days  from  the  date  of  the  receipt  of  the  request.  The  Executive  Director  shall 
simultaneously  notify  the  requesting  Member  State  and  the  Management  Board  in 
writing  of  the  decision.  The  decision  shall  state  the  main  reasons  on  which  it  is 
based.  

If the Executive Director decides to deploy one or more Rapid Border Intervention 
Teams  an  operational  plan  shall  immediately  be  drawn  up  by  the  Agency  and  the 
requesting Member State in accordance with Article 8g.  

As soon as the operational plan has been agreed, the Executive Director shall inform 
the  Member  States  whose  border  guard  officers  are  to  be  deployed  in  the  Rapid 
Border  Intervention  Team.  This  information  shall  be  provided,  in  writing,  to  the 
national  contact  points  established  under  Article  8c  and  shall  indicate  the  date  on 
which the deployment is to take place. A copy of the operational plan shall also be 
provided. 

Deployment of the Rapid Border Intervention Team(s) shall take place no later than 
five working days after the date on which the operational plan is agreed between the 
Agency and the requesting Member State. 

EN 

20 

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Article 8g 
Operational plan 

1. 

The  Agency  and  the  requesting  Member  State  shall  agree  on  an  operational  plan 
detailing  the  precise  conditions  for  deployment  of  the  Rapid  Border  Intervention 
Team(s). The operational plan shall include the following: 

(a) 

(b) 

(c) 

the  anticipated  duration  of  deployment  of  the  Rapid  Border  Intervention 
Team(s); 

the  precise  geographical  locations  in  the  requesting  Member  State  where  the 
Rapid Border Intervention Team(s) will be deployed; 

the  tasks  of  the  Rapid  Border  Intervention  Team(s)  throughout  the  period  of 
deployment;  

(d) 

the composition of the Rapid Border Intervention Team(s); 

(e) 

(f) 

(g) 

the  technical  equipment  to  be  deployed  together  with  the  Rapid  Border 
Intervention Teams;  

any additional tasks to be conferred by the requesting Member State upon the 
members  of  the  Rapid  Border  Intervention  Team(s)  during  the  period  of 
deployment; 

the  names  and  ranks  of  officers  from  the  national  border  guard  of  the 
requesting  Member  State,  who  will  be  in  command  of  the  Rapid  Border 
Intervention  Team(s)  during  the  period  of  deployment,  and  the  place  of  the 
team(s) in the chain of command. 

2. 

Any amendments or adaptations to the operational plan shall require the agreement 
of both the Executive Director of the Agency and the requesting Member State. 

Article 8h 
Liaison officer 

1. 

2. 

The  Executive  Director  shall  appoint  one  or  more  experts  from  the  staff  of  the 
Agency to be deployed as a liaison officer together with the team(s) to represent the 
Agency and act as an observer. The Executive Director shall notify the host Member 
State of the appointment.  

The liaison officer shall report to the Agency on all aspects of the deployment of the 
teams. 

In particular, the liaison officer shall: 

(a) 

act as an interface between the Agency and the host Member State; 

(b) 

act as an interface between the Agency and the members of the Rapid Border 
Intervention  Team(s),  providing  assistance,  on  behalf  of  the  Agency,  on  all 
issues related to the conditions for their deployment with the team(s); 

EN 

21 

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(c) 

monitor the implementation of the operational plan; 

(d) 

assess the impact of the deployment of the Rapid Border Intervention Team(s), 
in particular with a view to proposing possible amendments or adaptations of 
the operational plan to the Agency. 

3. 

In  discharging  his  duties,  the  liaison  officer  shall  only  take  instructions  from  the 
Agency." 

(4) 

Article 10 is deleted.  

Article 13 

This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Article 11 shall only apply from [three months after the date of entry into force]. 

This Regulation shall be binding in its entirety and directly applicable in all Member States, in 
accordance with the Treaty establishing the European Community. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

EN 

22 

   EN 

 
LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL: 

Regulation of the European Parliament and of the Council amending Council Regulation (EC) 
No  2007/2004  of  26  October  2004  establishing  a  European  Agency  for  the  Management  of 
Operational Cooperation at the External Borders of the Member States of the European Union 

2. 

ABM / ABB FRAMEWORK 

Policy Area(s) concerned and associated Activity/Activities:  

Policy Area: 18 – Justice and Home Affairs.  

Activities: 18 02 – External borders, visa policy and free movement of people 

3. 

BUDGET LINES 

3.1. 

Budget  lines  (operational  lines  and  related  technical  and  administrative  assistance 
lines (ex- B..A lines)) including headings:  

18 02 03 01: Administrative expenditure (Titles 1 and 2) 

18 02 03 02: Operational expenditure (Title 3) 

3.2. 

Duration of the action and of the financial impact: 

The action will begin on the date when the proposed Regulation will come into force. 
Its duration will be for as long as the Regulation continues to remain applicable.  

Through  this  proposed  Regulation,  an  amendment  is  being  made  to  the  Regulation 
setting  up  the  Agency  for  the  Management  of  Operational  Cooperation  at  the 
External  Borders  of  the  Member  States  of  the  European  Union.  The  proposed 
Regulation  will  add  a  task  to  the  Agency.  There  is  no  financial  impact  on  the 
revenue.  The  financial  impact  is  only  on  the  expenditure  of  the  budget  due  to  the 
additional task foreseen through the proposed Regulation.  

3.3. 

Budgetary characteristics : 

Budget 
line 

18  02  03 
01 

18  02  03 
02 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in 
financial 
perspective 

Non-
comp 

Non-
comp 

Diff 

NO 

NO 

NO 

No 3A 

Diff 

NO 

NO 

NO 

No 3A 

EN 

23 

   EN 

 
 
 
4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources 

4.1.1. 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

The  amounts  in  this  table  refer  only  to  the  financial  resources  that  will  be  required  by  the 
Agency in order to carry out the new tasks as a result of the proposal. Therefore the costs 
relating to other tasks already being carried out by the Agency are not included here.  

The  amounts  are  included  within  the  amounts  foreseen  in  the  multi-annual  financial 
programming (document V of the 2007 Preliminary Draft Budget) and as such do not consist 
of a demand for supplementary appropriations. 

EUR million (to 3 decimal places) 

Section 
No 

Expenditure type 

2008 

2009 

2010 

2011 

2012 

2013 
and 
later 

Total 

Operational expenditure17 

Commitment Appropriations 
(CA) 

8.1 

Payment 
(PA) 

Appropriations 

a 

b 

2.100  2.100 

2.100 

2.100 

2.100 

2.100 

12.600 

2.100  2.100 

2.100 

2.100 

2.100 

2.100 

12.600 

Administrative expenditure within reference amount18 

Technical  &  administrative 
assistance (NDA) 

8.2.4 

c 

TOTAL REFERENCE AMOUNT 

0 

0 

0 

0 

0 

0 

0 

Commitment 
Appropriations 

2.100  2.100 

2.100 

2.100 

2.100 

2.100 

12.600 

a+c 

Payment Appropriations 

b+c  2.100  2.100 

2.100 

2.100 

2.100 

2.100 

12.600 

Administrative  expenditure  not 
applicable 

included 

in  reference  amount19-  Not 

Human 
associated 
(NDA) 

resources 

and 
expenditure 

8.2.5 

d 

Administrative costs, other than 
human resources and associated 
costs,  not  included  in  reference 
amount (NDA) 

8.2.6 

e 

Total indicative financial cost of intervention - Not applicable 

17 
18 
19 

Expenditure that does not fall under Chapter xx 01 of the Title xx concerned. 
Expenditure within article xx 01 04 of Title xx. 
Expenditure within chapter xx 01 other than articles xx 01 04 or xx 01 05. 

EN 

24 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
TOTAL CA including cost 
of Human Resources 

TOTAL  PA  including  cost 
of Human Resources 

Co-financing details 

a+c
+d
+e 

b+c
+d
+e 

If  the  proposal  involves  co-financing  by  Member  States,  or  other  bodies  (please 
specify  which),  an  estimate  of  the  level  of  this  co-financing  should  be  indicated  in 
the table below (additional lines may be added if different bodies are foreseen for the 
provision of the co-financing): 

EUR million (to 3 decimal places) 

Co-financing body 

2011 

2008 

2009 

2010  

2012 

2013 
and 
later 

Total 

Norway and Iceland 

f 

0.043  0.043 

0.043 

0.043 

0.043 

0.043 

0.259 

TOTAL  CA  including  co-
financing 

a+c
+d+
e+f 

2.143  2.143 

2.143 

2.143 

2.143 

2.143 

12.859 

The  Regulation  establishing  the  European  Agency  for  the  Management  of  Operational 
Cooperation  at  the  External  Borders  of  the  Member  States  of  the  European  Union  (Council 
Regulation  (EC)  No  2007/2004  of  26  October  2004),  constitutes  a  development  of  the 
Schengen  acquis  within  the  meaning  of  the  Agreement  concluded  by  the  Council  of  the 
European  Union  and  the  Republic  of  Iceland  and  the  Kingdom  of  Norway  concerning  the 
association of those two States with the implementation, application and development of the 
Schengen acquis.  

The full participation of Norway and Iceland in the activities of Frontex is made possible on 
the  basis  of  an  arrangement.  A  financial  contribution  is  foreseen  to  be  made  by  these  two 
countries to enable their participation. 

Indicative contribution: 2,06 % (2006 figures).  

4.1.2.  Compatibility with Financial Programming 

(cid:57) 

(cid:133) 

(cid:133) 

Proposal is compatible with existing financial programming. 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 
perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement20 (i.e. flexibility instrument or revision of the financial perspective). 

20 

See points 19 and 24 of the Interinstitutional agreement. 

EN 

25 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
4.1.3.  Financial impact on Revenue 

(cid:57) 

Proposal has no financial implications on revenue 

(cid:133) 

Proposal has financial impact – the effect on revenue is as follows: 

Budget line 

Revenue 

EUR million (to one decimal place) 

Situation following action 

[Yea
r n] 

[n+1] [n+2]  [n+3

] 

[n+4] [n+5]

21

Prior to
action 
[Year 
n-1] 

a) Revenue in absolute terms 

b) Change in revenue 

 Δ 

4.2. 

Human Resources FTE (including officials, temporary and external staff) – see 
detail under point 8.2.1. 

Annual requirements 

2008 

2009 

2010 

2011 

2012 

2013 
and 
later 

Total  number  of  human 
resources 

5. 

CHARACTERISTICS AND OBJECTIVES 

5.1. 

Need to be met in the short or long term 

The  main  objective  of  this  proposed  Regulation  is  to  improve  the  operational  co-
operation  between  the  Member  States  at  the  external  borders  of  the  EU  by  adding 
another task to the list of tasks already being carried out by the Agency in accordance 
with Council Regulation (EC) 2007/2004 of 26 October 2004. The new task concerns 
the  establishment  of  'Rapid  Border  Intervention  Teams',  responsible  for  the  control 
and  surveillance  of  land,  air  and  maritime  borders  respectively.  Refer  also  to  the 
'Explanatory Memorandum' for further detail.  

5.2. 

Value-added  of  Community  involvement  and  coherence  of  the  proposal  with 
other financial instruments and possible synergy 

The proposed Regulation amends Council Regulation (EC) No 2007/2004 setting up 
the Agency. It complements the existing Regulation by adding a new task to the tasks 
being  carried  out  by  the  Agency.  As  with  the  existing  Regulation,  the  proposed 
Regulation  will  complement  other  existing  financial  instruments  such  as  ARGO. 
This  proposal  continues  to  build  on  the  added-value  already  provided  by  the 

21 

Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years. 

EN 

26 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
establishment of the Agency through the fact that it is carrying out horizontal tasks 
which previously were national projects, but which are not being managed centrally 
therefore ensuring coherence and uniformity. 

5.3. 

Objectives, expected results and related indicators of the proposal in the context 
of the ABM framework 

Objective: 

Effective control and surveillance of land, air and maritime borders of the Member 
States.  

Results: 

The  establishment  of  Rapid  Border  Intervention  Teams  to  assist  Member  States 
confronted  with  circumstances  requiring  increased  technical  and  operational 
assistance. 

Indicators: 

Number of Rapid Border Intervention Teams deployed to provide rapid technical and 
operational assistance to Member States requesting it. 

Number of training courses and exercises carried out for the officers within the Rapid 
Border Intervention Teams.  

5.4.  Method of Implementation (indicative) 

(cid:57)  Centralised Management 

(cid:133) 

directly by the Commission 

(cid:133) 

indirectly by delegation to: 

(cid:133) 

executive Agencies 

(cid:57) 

bodies set up by the Communities as referred to in art. 185 of the 
Financial Regulation 

(cid:133) 

national public-sector bodies/bodies with public-service mission 

(cid:133) 

Shared or decentralised management 

(cid:133)  with Member states 

(cid:133)  with Third countries 

(cid:133) 

Joint management with international organisations (please specify) 

Relevant comments: 

The  activity  will  be  implemented  by  the  European  Agency  for  the  Management  of 
Operational  Cooperation  at  the  External  Borders  of  the  Member  States  of  the 

EN 

27 

   EN 

 
European  Union  (FRONTEX),  established  by  the  Council  Regulation  (EC)  No 
2007/2004 of 26 October 2004.  

6. 

MONITORING AND EVALUATION 

6.1.  Monitoring system 

The  monitoring  of  the  activities  carried  out  by  the  Agency,  including  the  new 
activities  resulting  from  the  proposed  Regulation  will  continue  to  be  carried  out 
through  the  annual  activity  report  adopted  by  the  Management  Board  for  the 
previous  year  and  the  work  programme  for  the  coming  year,  which  will  both 
forwarded to the Commission, the Council and the European Parliament.  

6.2. 

Evaluation 

6.2.1.  Ex-ante evaluation 

An impact assessment is being carried out by the Commission.  

6.2.2.  Measures taken  following  an intermediate/ex-post evaluation (lessons learned from 

similar experiences in the past) 

Not applicable. 

6.2.3.  Terms and frequency of future evaluation 

Within three years from the date of the Agency having taken up its responsibilities, 
and  every  five  years  thereafter,  the  Management  Board  shall  commission  an 
independent external evaluation on the implementation of Council Regulation (EC) 
No  2007/2004  setting  up  the  Agency.  Given  that  this  proposed  Regulation  amends 
Council  Regulation  (EC)  No  2007/2004,  the  evaluation  will  also  concern  the 
proposed Regulation.  

The  evaluation  shall  examine  how  effectively  the  Agency  fulfils  its  mission, 
including therefore also the new tasks assigned to the Agency through this proposed 
Regulation. It shall also assess the impact of the Agency and its working practices. 
The  evaluation  shall  take  into  account  the  views  of  stakeholders,  at  both  European 
and national level. 

The  Management  Board  shall  receive  the  findings  of  the  evaluation  and  issue 
recommendations regarding changes to this Regulation, the Agency and its working 
practices to the Commission, which may forward them, together with its own opinion 
as well as appropriate proposals, to the Council. An action plan with a timetable shall 
be  included,  if  appropriate.  Both  the  findings  and  the  recommendations  of  the 
evaluation shall be made public. 

7. 

ANTI-FRAUD MEASURES  

The Executive Directive will implement the Agency’s budget. He/she will each year submit to 
the Commission, the Management Board and the Court of Auditors the detailed accounts of 

EN 

28 

   EN 

 
all revenue and expenditure from the previous financial year. In addition, the Commission’s 
Internal Audit Service will assist in the management of the Agency’s financial operations by 
controlling risks, monitoring compliance by providing an independent opinion on the quality 
of  management  and  control  systems  and  making  recommendations  in  order  to  improve  the 
efficiency  and  the  effectiveness  of  operations  and  to  ensure  economy  in  the  use  of  the 
Agency’s resources.  

The  Agency  will  put  in  place  an  internal  audit  system  similar  to  that  introduced  by  the 
Commission in the framework of its own restructuring.  

The staff will fully cooperate with OLAF to combat fraud.  

The Court of Auditors will examine the accounts in accordance with Article 248 of the Treaty 
and publish an annual report on the Agency’s activities.  

EN 

29 

   EN 

 
8. 

DETAILS OF RESOURCES 

8.1. 

Objectives of the proposal in terms of their financial cost 

(Headings  of  Objectives,  actions  and  outputs 
should be provided) 

Type of 
output 

Av. 
cost 

2008 

2009 

2010 

2011 

2012 

2013 

TOTAL 

No 
outputs 

Total 
cost 

No 
outputs 

Total 
cost 

No 
outputs 

Total 
cost 

No 
outputs 

Total 
cost 

No 
outputs 

Total 
cost 

No 
outputs 

Total 
cost 

No 
outputs 

Total 
cost 

Commitment appropriations in EUR million (to 3 decimal places) 

OPERATIONAL OBJECTIVE No1 22  

Effective  control  and  surveillance  of  land,  air  and 
maritime borders of the Member States.  

Action 1  

The  establishment  of  Rapid  Border  Intervention 
Teams  to  assist  Member  States  confronted  with 
circumstances  requiring  increased  technical  and 
operational assistance. 

Output  1  Number  of  Rapid  Border  Intervention 
Teams  deployed  to  provide  rapid  technical  and 
operational  assistance  to  Member  States  requesting 
it. 

 Output 2 Number of training courses and exercises 
carried out for the officers within the Rapid Border 
Intervention Teams.  

22 

As described under Section 5.3. 

EN 

0.650 

2 

1.300 

2 

1.300 

2 

1.300 

2 

1.300 

2 

1.300 

2 

1.300 

12 

7.800 

0.500 

1 

0.500 

1 

0.500 

1 

0.500 

1 

0.500 

1 

0.500 

1 

0.500 

6 

3.000 

30 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Output  3  Provision  of 
technical  and  other 
equipment to the Rapid Border Intervention Teamss 

0.100 

1 

0.100 

1 

0.100 

1 

0.100 

1 

0.100 

1 

0.100 

1 

0.100 

6 

0.600 

TOTAL COST 

1.900 

1.900 

1.900 

1.900 

1.900 

1.900 

11.400 

EN 

31 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
8.2. 

Administrative Expenditure 

8.2.1.  Number and type of human resources 

Types of post 

Staff to be assigned to management of the action using existing and/or 
additional resources (number of posts/FTEs) 

2008 

2009 

2010 

2011 

2012 

2013 

Officials or 
temporary 
staff23 (XX 01 
01) 

A*/AD 

B*, 
C*/AST 

Staff  financed24  by  art. 
XX 01 02 

Other  staff25  financed by 
art. XX 01 04/05 

TOTAL 

8.2.2.  Description of tasks deriving from the action 

Co-ordination  of  all  the  activities  relating  to  the  new  tasks  assigned  to  the  Agency 
which concerns the establishment of 'Rapid Border Intervention Teams', responsible 
for the control and surveillance of land, air and maritime borders respectively.  

8.2.3. 

Sources of human resources (statutory) 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:133) 

Posts currently allocated to the management of the programme to be replaced 
or extended 

Posts pre-allocated within the APS/PDB exercise for year n 

Posts to be requested in the next APS/PDB procedure 

Posts  to  be  redeployed  using  existing  resources  within  the  managing  service 
(internal redeployment) 

Posts required for year n although not foreseen in the APS/PDB exercise of the 
year in question 

23 
24 
25 

Cost of which is NOT covered by the reference amount 
Cost of which is NOT covered by the reference amount 
Cost of which is included within the reference amount 

EN 

32 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
8.2.4.  Other  Administrative  expenditure  included  in  reference  amount  ((18  02  03  01  – 
Expenditure on administrative management) 

EUR million (to 3 decimal places) 

Budget line 

(number and heading) 

2008 

2009 

2010 

2011 

2012 

2013 

TOTAL 

Technical 

1 
and 
assistance (including related staff costs) 

administrative 

Executive agencies26 

Other 

technical 

and 

administrative 

assistance 

- intra muros  

- extra muros 

Total  Technical  and  administrative 
assistance 

8.2.5.  Financial cost of human resources and associated costs not included in the reference 
amount NOT APPLICABLE since no additional resources are required. 

EUR million (to 3 decimal places) 

Type of human resources 

Year n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5 

and later 

Officials  and  temporary  staff 
(XX 01 01) 

Staff  financed  by  Art  XX  01 
02  (auxiliary,  END,  contract 
staff, etc.) 

(specify budget line) 

cost 

Total 
of  Human 
Resources  and  associated 
costs 
in  reference 
amount) 

(NOT 

26 

Reference should be made to the specific legislative financial statement for the Executive Agency(ies) 
concerned. 

EN 

33 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Calculation– Officials and Temporary agents 

Calculation– Staff financed under art. XX 01 02 

8.2.6. Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places)

Year 
n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5 

and 
later 

TOTAL 

XX 01 02 11 01 – Missions 

XX 01 02 11 02 – Meetings & Conferences 

XX 01 02 11 03 – Committees27  

XX 01 02 11 04 – Studies & consultations 

XX 01 02 11 05 - Information systems 

2 

Total 

Other  Management 

Expenditure (XX 01 02 11) 

3  Other 

expenditure 

administrative 
including reference to budget line) 

nature 

of 

an 
(specify 

expenditure, 
than  human  resources  and 
in 

Total  Administrative 
other 
associated  costs  (NOT 
reference amount) 

included 

27 

Specify the type of committee and the group to which it belongs. 

EN 

34 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Calculation - Other administrative expenditure not included in reference amount 

EN 

35 

   EN