Regulation (EC) No 863/2007 of the European Parliament and of the Council of 11 July 2007 establishing a mechanism for the creation of Rapid Border Intervention Teams and amending Council Regulation (EC) No 2007/2004 as regards that mechanism and regulating the tasks and powers of guest officers
Date: 2007-07-11
Institutions: Council of the European Union, European Parliament
Subjects: Frontex, appointment of members, border control, external border of the EU, illegal migration, refugee, servant (EU), technical cooperation, third country

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REGULATION (EC) No 863/2007 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 July 2007

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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

(5)

Having regard to the Treaty establishing the European Commu-
nity, and in particular Articles 62(2)(a) and 66 thereof,

Having regard to the proposal from the Commission,

After consulting the European Economic and Social Committee,

Acting in accordance with the procedure laid down in Article 251
of the Treaty (1),

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 Exter-
nal Borders of
the European
the Member States of
Union (2) (the Agency).

A Member State facing circumstances requiring increased
technical and operational assistance at its external bor-
ders may, without prejudice to Article 64(2) of the Treaty
and in accordance with Articles 7 and 8 of Regulation
(EC) No 2007/2004, ask the Agency for assistance in the
form of coordination, where other Member States are
involved.

Effective management of the external borders through
checks and surveillance helps to combat illegal immigra-
tion and trafficking in human beings and to prevent any
threat to the internal security, public policy, public health
and international relations of the Member States. Border
control is in the interests not only of the Member State at
whose external borders it is carried out but of all Member
States which have abolished internal border control.

Responsibility for the control of the external borders lies
with the Member States. Bearing in mind the critical situ-
ations which Member States from time to time have to
deal with at their external borders, in particular the arrival
at points of the external borders of large numbers of third-
country nationals trying to enter the territory of the Mem-
ber States illegally, it may be necessary to assist Member
States by providing appropriate and sufficient resources,
in particular personnel.

(1) Opinion of the European Parliament of 26 April 2007 (not yet pub-
lished in the Official Journal) and Council Decision of 12 June 2007.

(2) OJ L 349, 25.11.2004, p. 1.

(6)

(7)

(8)

(9)

The current possibilities for providing efficient practical
assistance with regard to checking persons at the external
borders and the surveillance of the external borders at
European level are not considered sufficient, in particular
where Member States are faced with the arrival of large
numbers of third-country nationals trying to enter the ter-
ritory of the Member States illegally.

A Member State should accordingly have the possibility
of requesting the deployment, within the framework of
the Agency, of Rapid Border Intervention Teams compris-
ing specially trained experts from other Member States on
its territory to assist its national border guards on a tem-
porary basis. The deployment of the Rapid Border Inter-
vention Teams will contribute to increasing solidarity and
mutual assistance between Member States.

The deployment of Rapid Border Intervention Teams to
provide support for a limited period of time should take
place in exceptional and urgent situations. Situations of
this kind would arise where a Member State was faced
with a mass influx of third-country nationals attempting
to enter its territory illegally which required an immediate
response and where the deployment of a Rapid Border
Intervention Team would contribute to providing an effec-
tive response. Rapid Border Intervention Teams are not
intended to provide long-term assistance.

Rapid Border Intervention Teams will depend on the
planned duties, availability and frequency of deployment.
To ensure the effective operation of the Rapid Border
Intervention Teams, Member States should make available
an appropriate number of border guards (the Rapid Pool)
reflecting in particular the specialisation and size of their
own border guard organisations. The Member States
should therefore create national pools of experts to help
increase the effectiveness of this Regulation. The different
sizes of the Member States and the technical specialisa-
tion of their border guard organisations should be taken
into consideration by the Agency.

Best practices from many Member States show that know-
ing the profiles (skills and qualifications) of available bor-
der guards before deployment significantly contributes to
the efficient planning and conduct of operations. The
Agency should therefore determine the profiles and over-
all number of border guards to be provided for the Rapid
Border Intervention Teams.

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(10) A mechanism for the creation of Rapid Border Interven-
tion Teams which offers both the Agency and the Mem-
ber States sufficient flexibility and ensures that operations
are carried out with a high level of efficiency and effective-
ness should be established.

(17)

This Regulation respects fundamental rights and observes
the principles recognised in particular by the Charter of
Fundamental Rights of the European Union. It should be
applied in accordance with the Member States’ obligations
as regards international protection and non-refoulement.

(11)

The Agency should, inter alia, coordinate the composition,
training and deployment of the Rapid Border Interven-
tion Teams. It is therefore necessary to introduce new pro-
visions in Regulation (EC) No 2007/2004 concerning the
role of the Agency with respect to those teams.

(18)

This Regulation should be applied with full respect for
obligations arising under the international law of the sea,
in particular as regards search and rescue.

(12) When a Member State is faced with a mass influx of third-
country nationals attempting to enter its territory illegally,
or another exceptional situation substantially affecting the
discharge of national tasks, it may refrain from making its
national border guards available for deployment.

(13)

(14)

(15)

(16)

In order to work effectively together with national border
guards, the members of the teams should be able to carry
out tasks related to the checks of persons at and the sur-
veillance of the external borders while deployed on the
territory of 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 from other Member States
to carry out tasks related to the checks of persons at and
the surveillance of the external borders.

It is therefore also necessary to introduce new provisions
in Regulation (EC) No 2007/2004 concerning the tasks
and powers of guest officers deployed on the territory of
a Member State at its request within the framework of the
Agency.

This Regulation contributes to the correct application of
Regulation (EC) No 562/2006 of the European Parliament
and of the Council of 15 March 2006 establishing a Com-
munity Code on the rules governing the movement of per-
sons across borders (Schengen Borders Code) (1). To this
end, members of the teams and guest officers, while car-
rying out border checks and surveillance, should not dis-
criminate against persons on grounds of sex, racial or
ethnic origin, religion or belief, disability, age or sexual
orientation. Any measures taken in the performance of
their tasks and in the exercise of their powers should be
proportionate to the objectives pursued by such measures.

(1) OJ L 105, 13.4.2006, p. 1.

(19) Directive 95/46/EC of the European Parliament and of the
Council of 24 October 1995 on the protection of indi-
viduals with regard to the processing of personal data and
on the free movement of such data (2) applies to the pro-
cessing of personal data by the Member States in applica-
tion of this Regulation.

(20) As regards Iceland and Norway, this Regulation consti-
tutes a development of provisions of the Schengen acquis
within the meaning of the Agreement concluded by the
Council of the European Union and the Republic of Ice-
land and the Kingdom of Norway concerning the latters’
association with the implementation, application and
development of the Schengen acquis (3) which fall within
the area referred to in Article 1, point A, of Council Deci-
sion 1999/437/EC (4) on certain arrangements for the
application of that Agreement.

(21) As regards Switzerland, this Regulation constitutes a
development of provisions of the Schengen acquis within
the meaning of the Agreement signed between the Euro-
pean 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 1, point A, of Decision
1999/437/EC read in conjunction with Article 4(1) of
Council Decisions 2004/849/EC (5) and 2004/860/EC (6).

(2) OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation

(EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

(3) OJ L 176, 10.7.1999, p. 36.
(4) OJ L 176, 10.7.1999, p. 31.
(5) Council Decision 2004/849/EC of 25 October 2004 on the signing,
on behalf of the European Union, and on the provisional application
of certain provisions of the Agreement between the European Union,
the European Community and the Swiss Confederation concerning
the Swiss Confederation’s association with the implementation, appli-
cation and development of
(OJ L 368,
15.12.2004, p. 26).

the Schengen acquis

(6) Council Decision 2004/860/EC of 25 October 2004 on the signing,
on behalf of the European Community, and on the provisional appli-
cation of certain provisions of the Agreement between the European
Union, the European Community and the Swiss Confederation, con-
cerning the Swiss Confederation’s association with the implementa-
tion, application and development of the Schengen acquis (OJ L 370,
17.12.2004, p. 78).

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(22)

(23)

(24)

(25)

In accordance with Articles 1 and 2 of the Protocol on
the position of Denmark annexed to the Treaty on Euro-
pean Union and to the Treaty establishing the European
Community, Denmark does not take part in the adoption
of this Regulation and is not bound by it or subject to its
application. Given that this Regulation builds on the
Schengen acquis under the provisions of Title IV of Part
Three of the Treaty establishing the European Commu-
nity, Denmark should, in accordance with Article 5 of that
Protocol, decide within a period of six months after the
date of adoption of this Regulation whether it will trans-
pose it in its national law or not.

take part,

This Regulation constitutes a development of provisions
of the Schengen acquis in which the United Kingdom does
not
in accordance with Council Decision
2000/365/EC of 29 May 2000 concerning the request of
the United Kingdom of Great Britain and Northern Ire-
land to take part in some of the provisions of the Schen-
gen acquis (1). The United Kingdom is therefore not taking
part in its adoption and is not bound by it or subject to
its application.

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 2002 concerning Ireland’s request to take part
in some of the provisions of the Schengen acquis (2). Ire-
land is therefore not taking part in its adoption and is not
bound by it or subject to its application.

In this Regulation, the provisions of Article 6(8) and (9)
constitute, to the extent that they refer to access being
given to the Schengen Information System, provisions
building on the Schengen acquis or otherwise related to it
within the meaning of Article 3(2) of the 2003 and
Article 4(2) of the 2005 Acts of Accession,

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter

1.
This Regulation establishes a mechanism for the purposes
of providing rapid operational assistance for a limited period to
a requesting Member State facing a situation of urgent and excep-
tional pressure, especially the arrival at points of the external
borders of large numbers of third-country nationals trying to
enter the territory of the Member State illegally, in the form of
Rapid Border Intervention Teams (hereinafter referred to as
teams). This Regulation also defines the tasks to be performed
and powers to be exercised by members of the teams during
operations in a Member State other than their own.

(1) OJ L 131, 1.6.2000, p. 43.
(2) OJ L 64, 7.3.2002, p. 20.

This Regulation amends Regulation (EC) No 2007/2004 as
2.
a result of the establishment of the mechanism referred to in
paragraph 1 and with a view to defining the tasks to be per-
formed and powers to be exercised by border guards of the Mem-
ber States participating in joint operations and pilot projects in
another Member State.

3.
Necessary technical assistance shall be provided to a
requesting Member State in accordance with Articles 7 and 8 of
Regulation (EC) No 2007/2004.

Article 2

Scope

This Regulation shall apply without prejudice to the rights of
refugees and persons requesting international protection, in par-
ticular as regards non-refoulement.

CHAPTER I

RAPID BORDER INTERVENTION TEAMS

Article 3

Definitions

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

1.

2.

3.

4.

‘the Agency’ means the European Agency for the Manage-
ment of Operational Cooperation at the External Borders of
the Member States of the European Union;

‘members of the teams’ means border guards of Member
States serving with the Rapid Border Intervention Teams
other than those of the host Member State;

‘requesting Member State’ means a Member State whose
competent authorities request the Agency to deploy Rapid
Border Intervention Teams on its territory;

‘host Member State’ means a Member State on the territory
of which a deployment of a Rapid Border Intervention Team
takes place;

5.

‘home Member State’ means the Member State of which a
member of the team is a border guard.

Article 4

Composition and deployment of Rapid Border
Intervention Teams

1.
The composition of teams shall be determined by the
Agency in accordance with Article 8b of Regulation (EC)
No 2007/2004 as amended by this Regulation. Their deploy-
ment shall be governed by Article 8d of that Regulation.

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On a proposal by the Executive Director of the Agency, the
2.
Agency’s Management Board shall decide by a three-quarters’
majority on the profiles and the overall number of border guards
to be made available for the teams (the Rapid Pool). The same
procedure shall apply with regard to any subsequent changes in
the profiles and the overall number of border guards of the Rapid
Pool. Member States shall contribute to the Rapid Pool via a
national expert pool on the basis of the various defined profiles
by nominating border guards corresponding to the required
profiles.

3. Member States shall make the border guards available for
deployment at the request of the Agency, unless they are faced
with an exceptional situation substantially affecting the discharge
of national tasks. The autonomy of the home Member State in
relation to the selection of staff and the duration of their deploy-
ment shall remain unaffected.

4.
The costs relating to the activities referred to in para-
graph 1 shall be met by the Agency in accordance with Article 8h
of Regulation (EC) No 2007/2004.

Article 5

Instructions to the Rapid Border Intervention Teams

During deployment of the teams, instructions to the teams
1.
shall be issued by the host Member State in accordance with the
operational plan referred to in Article 8e of Regulation (EC)
No 2007/2004.

2.
The Agency, via its coordinating officer as referred to in
Article 8g of Regulation (EC) No 2007/2004, may communicate
its views on those instructions to the host Member State. If it
does so, the host Member State shall take those views into
consideration.

3.
In accordance with Article 8g of Regulation (EC)
No 2007/2004, the host Member State shall give the coordinat-
ing officer all necessary assistance, including full access to the
teams at all times throughout the deployment.

Article 6

Tasks and powers of the members of the teams

1. Members of the teams shall have the capacity to perform
all tasks and exercise all powers for border checks or border sur-
veillance in accordance with Regulation (EC) No 562/2006 and
that are necessary for the realisation of the objectives of that
Regulation. The details for each deployment shall be specified in
the operational plan of that deployment in accordance with
Article 8e of Regulation (EC) No 2007/2004.

2. Members of the teams shall, in the performance of their
tasks and in the exercise of their powers, fully respect human
dignity. Any measures taken in the performance of their tasks
and in the exercise of their powers shall be proportionate to the
objectives pursued by such measures. While performing their
tasks and exercising their powers, members of the teams shall
not discriminate against persons on grounds of sex, racial or eth-
nic origin, religion or belief, disability, age or sexual orientation.

3. Members of the teams may only perform tasks and exer-
cise powers under instructions from and, as a general rule, in the
presence of border guards of the host Member State.

4. Members of the teams shall wear their own uniform while
performing their tasks and exercising their powers. They shall
wear a blue armband with the insignia of the European Union
and the Agency on their uniforms, identifying them as partici-
pating in a deployment of the teams. For the purposes of identi-
fication vis-à-vis the national authorities of the host Member State
and its citizens, members of the teams shall at all times carry an
accreditation document, as provided for in Article 8, which they
shall present on request.

5. While performing their tasks and exercising their powers,
members of the teams may carry service weapons, ammunition
and equipment as authorised according to the home Member
State’s national law. However, the host Member State may pro-
hibit the carrying of certain service weapons, ammunition and
equipment, provided that its own legislation applies the same
prohibition to its own border guards. The host Member State
shall, in advance of the deployment of the teams, inform the
Agency of the permissible service weapons, ammunition and
equipment and of the conditions for their use. The Agency shall
make this information available to all Member States participat-
ing in the deployment.

6. While performing their tasks and exercising their powers,
members of the teams shall be authorised to use force, including
service weapons, ammunition and equipment, with the consent
of the home Member State and the host Member State, in the
presence of border guards of the host Member State and in accor-
dance with the national law of the host Member State.

7.
By way of derogation from paragraph 6, service weapons,
ammunition and equipment may be used in legitimate self-
defence and in legitimate defence of members of the teams or of
other persons, in accordance with the national law of the host
Member State.

8.
For the purpose of this Regulation, the host Member State
may authorise the members of the teams to consult its national
and European databases which are necessary for border checks
and surveillance. The members of the teams shall consult only
those data which are required for performing their tasks and exer-
cising their powers. The host Member State shall, in advance of
the deployment of the teams, inform the Agency of the national
and European databases which may be consulted. The Agency
shall make this information available to all Member States par-
ticipating in the deployment.

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The consultation as referred to in paragraph 8 shall be car-
9.
ried out in accordance with Community law and the national law
of the host Member State in the area of data protection.

2. While performing the tasks and exercising the powers as
referred to in Article 6(1), the members of the teams shall remain
subject to the disciplinary measures of their home Member State.

Decisions to refuse entry in accordance with Article 13
10.
of Regulation (EC) No 562/2006 shall be taken only by border
guards of the host Member State.

3.
Specific rules concerning the carrying and use of service
weapons, ammunition and equipment, as well as the use of force
are set out in Article 6(5), (6) and (7).

Article 7

Status, rights and obligations of members of the teams

Specific rules concerning civil and criminal liability are set

4.
out in Articles 10 and 11 respectively.

1. Members of the teams shall remain national border guards
of their home Member States and shall be paid by them.

2.
Border guards who are made available to the Rapid Pool
pursuant to Article 4 shall participate in advanced training rel-
evant to their tasks and powers as well as in the regular exer-
cises conducted by the Agency in accordance with Article 8c of
Regulation (EC) No 2007/2004.

3.
Border guards shall receive a daily subsistence allowance,
including accommodation costs, for the duration of their partici-
pation in training and exercises organised by the Agency and of
their periods of deployment in accordance with Article 8h of
Regulation (EC) No 2007/2004.

Article 8

Accreditation document

1.
The Agency shall, in cooperation with the host Member
State, issue a document in the official language of the host Mem-
ber State and another official language of the institutions of the
European Union to members of the teams for the purpose of
identifying them and as proof of the holder’s rights to perform
the tasks and exercise the powers as referred to in Article 6(1).
The document shall include the following features of the mem-
ber of the team:

(a) name and nationality;

(b)

rank; and

(c) a recent digitised photograph.

The document shall be returned to the Agency at the end

2.
of the deployment of the team.

Article 10

Civil liability

1. Where members of the teams are operating in a host Mem-
ber State, that Member State shall be liable in accordance with
its national law for any damage caused by them during their
operations.

2. Where such damage is caused by gross negligence or wil-
ful misconduct, the host Member State may approach the home
Member State in order to have any sums it has paid to the vic-
tims or persons entitled on their behalf reimbursed by the home
Member State.

3. Without prejudice to the exercise of its rights vis-à-vis third
parties, each Member State shall waive all its claims against the
host Member State or any other Member State for any damage it
has sustained, except in cases of gross negligence or wilful
misconduct.

4.
Any dispute between Member States relating to the appli-
cation of paragraphs 2 and 3 which cannot be resolved by nego-
tiations between them shall be submitted by them to the Court
of Justice of the European Communities in accordance with
Article 239 of the Treaty.

5. Without prejudice to the exercise of its rights vis-à-vis third
parties, the Agency shall meet costs related to damage caused to
the Agency’s equipment during deployment, except in cases of
gross negligence or wilful misconduct.

Article 9

Applicable law

Article 11

Criminal liability

1. While performing the tasks and exercising the powers as
referred to in Article 6(1), the members of the teams shall com-
ply with Community law and the national law of the host Mem-
ber State.

During the deployment of the teams, members of the teams shall
be treated in the same way as officials of the host Member State
with regard to any criminal offences that might be committed
against them or by them.

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CHAPTER II

4. Article 8(3) shall be replaced by the following:

AMENDMENTS TO REGULATION (EC) No 2007/2004

Article 12

Amendments

‘3.
The Agency may acquire technical equipment for
checks and surveillance of external borders to be used by its
experts and within the framework of the Rapid Border Inter-
vention Teams for the duration of their deployment.’;

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

5.

the following Articles shall be inserted:

1. Article 1(4) shall be deleted;

2.

the following Article shall be inserted:

‘Article 1a

Definitions

For the purposes of this Regulation, the following defini-
tions shall apply:

“external borders of the Member States” means the land
and sea borders of the Member States and their airports
and seaports, to which the provisions of Community
law on the crossing of external borders by persons
apply;

‘Article 8a

Rapid Border Intervention Teams

At the request of a Member State faced with a situation of
urgent and exceptional pressure, especially the arrival at
points of the external borders of large numbers of third-
country nationals trying to enter the territory of that Mem-
ber State illegally, the Agency may deploy for a limited
period one or more Rapid Border Intervention Teams (here-
inafter referred to as “team(s)”) on the territory of the
requesting Member State for the appropriate duration, in
accordance with Article 4 of Regulation (EC) No 863/2007.

“host Member State” means a Member State on the ter-
ritory of which a deployment of a Rapid Border Inter-
vention Team or a joint operation or a pilot project
takes place;

Article 8b

Composition of teams

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

“members of the teams” means border guards of Mem-
ber States serving with the Rapid Border Intervention
Team other than those of the host Member State;

“requesting Member State” means a Member State whose
competent authorities request the Agency to deploy the
Rapid Border Intervention Teams on its territory;

“guest officers” means the officers of border guard ser-
vices of Member States other than the host Member
State participating in joint operations and pilot
projects.’;

1.
In the event of a situation as described in Article 8a,
Member States shall, at the request of the Agency, immedi-
ately communicate the number, names and profiles of bor-
der guards from their national pool which they are able to
make available within five days to be members of a team.
Member States shall make the border guards available for
deployment at the request of the Agency unless they are
faced with an exceptional situation substantially affecting the
discharge of national tasks.

2. When determining the composition of a team for
deployment, the Executive Director 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 referred to in Article 8e.

3.

in Article 2(1), the following point shall be added:

‘(g) deploy Rapid Border Intervention Teams to Member
States in accordance with Regulation (EC) No 863/2007
of the European Parliament and of the Council of
11 July 2007 establishing a mechanism for the creation
of Rapid Border Intervention Teams and amending
Council Regulation (EC) No 2007/2004 as regards that
mechanism and regulating the tasks and powers of guest
officers (*).

(*) OJ L 199, 31.7.2007, p. 30.’

Article 8c

Training and exercises

The Agency shall provide border guards who are part of the
Rapid Pool, as referred to in Article 4(2) of Regulation (EC)
No 863/2007 with advanced training relevant to their tasks
and powers and shall conduct regular exercises with those
border guards in accordance with the advanced training and
exercise schedule referred to in the Agency’s annual work-
ing programme.

1.

2.

3.

4.

5.

6.

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Article 8d

Article 8e

Procedure for deciding on deployment of the teams

Operational plan

A request for deployment of the teams in accordance
1.
with Article 8a shall include a description of the situation,
possible aims and envisaged needs for the deployment. If
required, the Executive Director may send experts from the
Agency to assess the situation at the external borders of the
requesting Member State.

2.
The Executive Director shall immediately inform the
Management Board of a Member State’s request for deploy-
ment of the teams.

3. When deciding on the request of a Member State, the
Executive Director shall take into account the findings of the
Agency’s risk analyses as well as any other relevant informa-
tion provided by the requesting Member State or another
Member State.

4.
The Executive Director shall take a decision on the
request for deployment of the 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.

5.
If the Executive Director decides to deploy one or more
teams, an operational plan shall immediately be drawn up
by the Agency and the requesting Member State in accor-
dance with Article 8e.

6.
As soon as the operational plan has been agreed, the
Executive Director shall inform the Member States of the
requested number and profiles of border guards which are
to be deployed in the teams. This information shall be pro-
vided, in writing, to the national contact points designated
under Article 8f and shall indicate the date on which the
deployment is to take place. A copy of the operational plan
shall also be provided to them.

1.
The Executive Director and the requesting Member
State shall agree on an operational plan detailing the precise
conditions for deployment of the teams. The operational
plan shall include the following:

(a) description of the situation, with modus operandi and
objectives of the deployment, including the operational
aim;

(b)

the foreseeable duration of deployment of the teams;

(c)

the geographical area of responsibility in the requesting
Member State where the teams will be deployed;

(d) description of tasks and special instructions for mem-
bers of the teams, including on permissible consulta-
tion of databases and permissible service weapons,
ammunition and equipment in the host Member State;

(e)

the composition of the teams;

(f)

the names and ranks of the host Member State’s border
guards responsible for cooperating with the teams, in
particular those of the border guards who are in com-
mand of the teams during the period of deployment,
and the place of the teams in the chain of command;

(g)

the technical equipment to be deployed together with
the teams in accordance with Article 8.

2.
Any amendments to or adaptations of the operational
plan shall require the agreement of both the Executive Direc-
tor and the requesting Member State. A copy of the amended
or adapted operational plan shall immediately be sent by the
Agency to the participating Member States.

Article 8f

National contact point

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

If the Executive Director is absent or indisposed, the
7.
decisions related to the deployment of the teams shall be
taken by the Deputy Executive Director.

Article 8g

Coordinating Officer

8. Member States shall make the border guards available
for deployment at the request of the Agency, unless they are
faced with an exceptional situation substantially affecting the
discharge of national tasks.

9.
Deployment of the teams shall take place no later than
five working days after the date on which the operational
plan is agreed between the Executive Director and the
requesting Member State.

The Executive Director shall appoint one or more
1.
experts from the staff of the Agency to be deployed as coor-
dinating officer. The Executive Director shall notify the host
Member State of the appointment.

The coordinating officer shall act on behalf of the
2.
Agency in all aspects of the deployment of the teams. In par-
ticular, the coordinating officer shall:

(a) act as an interface between the Agency and the host

Member State;

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(b) act as an interface between the Agency and the mem-
bers of the teams, providing assistance, on behalf of the
Agency, on all issues relating to the conditions for their
deployment with the teams;

(c) monitor the correct implementation of the operational

plan;

(d)

report to the Agency on all aspects of the deployment
of the teams.

3.
In accordance with Article 25(3)f, the Executive Direc-
tor may authorise the coordinating officer to assist in resolv-
ing any disagreement on the execution of the operational
plan and deployment of the teams.

In discharging his duties, the coordinating officer shall

4.
take instructions only from the Agency.

Article 8h

Costs

The Agency shall

1.
the following costs
incurred by Member States in making available their border
guards for the purposes mentioned in Articles 8a and 8c:

fully meet

(a)

travel costs from the home Member State to the host
Member State and from the host Member State to the
home Member State;

(b) costs related to vaccinations;

(c)

costs related to special insurance needs;

(d) costs related to health care;

(e) daily subsistence allowances, including accommodation

costs;

(f)

costs related to the Agency’s technical equipment.

2.
Detailed rules concerning the payment of the daily sub-
sistence allowance of members of the teams shall be estab-
lished by the Management Board.’;

6. Article 10 shall be replaced by the following:

‘Article 10

Tasks and powers of guest officers

in

1.
Guest officers shall have the capacity to perform all
tasks and exercise all powers for border checks or border
surveillance
(EC)
accordance with
No 562/2006 of the European Parliament and of the Coun-
cil of 15 March 2006 establishing a Community Code on
the rules governing the movement of persons across bor-
ders (Schengen Borders Code) (*), and that are necessary for
the realisation of the objectives of that Regulation.

Regulation

2. While performing their tasks and exercising their pow-
ers guest officers shall comply with Community law and the
national law of the host Member State.

Guest officers may only perform tasks and exercise
3.
powers under instructions from and, as a general rule, in the
presence of border guards of the host Member State.

Guest officers shall wear their own uniform while per-
4.
forming their tasks and exercising their powers. They shall
wear a blue armband with the insignia of the European
Union and the Agency on their uniforms, identifying them
as participating in a joint operation or pilot project. For the
purposes of identification vis-à-vis the national authorities
of the host Member State and its citizens, guest officers shall
at all times carry an accreditation document, as provided for
in Article 10a, which they shall present on request.

5.
By way of derogation from paragraph 2, while per-
forming their tasks and exercising their powers, guest offic-
ers may carry service weapons, ammunition and equipment
as authorised according to the home Member State’s national
law. However, the host Member State may prohibit the car-
rying of certain service weapons, ammunition and equip-
ment, provided that its own legislation applies the same
prohibition to its own border guards. The host Member State
shall, in advance of the deployment of the guest officers,
inform the Agency of the permissible service weapons,
ammunition and equipment and of the conditions for their
use. The Agency shall make this information available to
Member States.

6.
By way of derogation from paragraph 2, while per-
forming their tasks and exercising their powers, guest offic-
including service
ers shall be authorised to use force,
weapons, ammunition and equipment, with the consent of
the home Member State and the host Member State, in the
presence of border guards of the host Member State and in
accordance with the national law of the host Member State.

7.
By way of derogation from paragraph 6, service weap-
ons, ammunition and equipment may be used in legitimate
self-defence and in legitimate defence of guest officers or of
other persons, in accordance with the national law of the
host Member State.

For the purpose of this Regulation, the host Member
8.
State may authorise guest officers to consult its national and
European databases which are necessary for border checks
and surveillance. The guest officers shall consult only those
data which are required for performing their tasks and exer-
cising their powers. The host Member State shall, in advance
of the deployment of the guest officers, inform the Agency
of the national and European databases which may be con-
sulted. The Agency shall make this information available to
all Member States participating in the deployment.

9.
The consultation as referred to in paragraph 8 shall be
carried out in accordance with Community law and the
national law of the host Member State in the area of data
protection.

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Decisions

to refuse entry in accordance with
10.
Article 13 of Regulation (EC) No 562/2006 shall be taken
only by border guards of the host Member State.

Article 10a

Accreditation document

1.
The Agency shall, in cooperation with the host Mem-
ber State, issue a document in the official language of the
host Member State and another official language of the insti-
tutions of the European Union to guest officers for the pur-
pose of identifying them and as proof of the holder’s rights
to perform the tasks and exercise the powers as referred to
in Article 10(1). The document shall include the following
features of the guest officer:

(a) name and nationality;

(b)

rank; and

(c) a recent digitised photograph.

The document shall be returned to the Agency at the

2.
end of the joint operation or pilot project.

Article 10b

Civil liability

1. Where guest officers are operating in a host Member
State, that Member State shall be liable in accordance with
its national law for any damage caused by them during their
operations.

2. Where such damage is caused by gross negligence or
wilful misconduct, the host Member State may approach the
home Member State in order to have any sums it has paid
to the victims or persons entitled on their behalf reimbursed
by the home Member State.

3. Without prejudice to the exercise of its rights vis-à-vis
third parties, each Member State shall waive all its claims
against the host Member State or any other Member State
for any damage it has sustained, except in cases of gross
negligence or wilful misconduct.

Any dispute between Member States relating to the
4.
application of paragraphs 2 and 3 which cannot be resolved
by negotiations between them shall be submitted by them
to the Court of Justice of the European Communities in
accordance with Article 239 of the Treaty.

5. Without prejudice to the exercise of its rights vis-à-vis
third parties, the Agency shall meet costs related to damage
caused to the Agency’s equipment during deployment,
except in cases of gross negligence or wilful misconduct.

Article 10c

Criminal liability

During the deployment of a joint operation or a pilot
project, guest officers shall be treated in the same way as
officials of the host Member State with regard to any crimi-
nal offences that might be committed against them or by
them.

(*) OJ L 105, 13.4.2006, p. 1.’

CHAPTER III

FINAL PROVISIONS

Article 13

Evaluation

The Commission shall evaluate the application of this Regula-
tion one year after its entry into force and present a report to
the European Parliament and the Council accompanied, if neces-
sary, by proposals to amend this Regulation.

Article 14

Entry into force

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

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

Done at Strasbourg, 11 July 2007.

For the European Parliament
The President
H.-G. PÖTTERING

For the Council
The President
M. LOBO ANTUNES

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ANNEX

Statement by the European Parliament, the Council and the Commission

The European Parliament, the Council and the Commission stress that in a situation of urgent and exceptional pressure at
the external borders requiring the intervention of a Rapid Border Intervention Team, and possible insufficiency of financial
means in the budget of the European Agency for the Management of Operational Cooperation at the External Borders of
the Member States of the European Union (FRONTEX) to do so, all possibilities to ensure funding should be explored. The
Commission will verify with extreme urgency whether funds could possibly be redeployed. In the event of a decision of
the budgetary authority becoming necessary, the Commission will initiate a procedure in accordance with the provisions
of the Financial Regulation, namely Articles 23 and 24, in order to secure a timely decision of the two arms of the bud-
getary authority on the means of providing for additional funding for FRONTEX to deploy a Rapid Border Intervention
Team. The budgetary authority commits itself to act as quickly as possible, taking into account the urgency.