REPORT FROM THE COMMISSION SECOND REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE EUROPEAN COUNCIL AND THE COUNCIL on the operationalisation of the European Border and Coast Guard
Date: 2017-03-02
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU migration policy, EU office or agency, European cooperation, Schengen Agreement, border control, external border of the EU, illegal migration, operation of the Institutions, paramilitary force, return migration

EN 

   EN 

   EUROPEAN COMMISSION  Brussels, 2.3.2017  COM(2017) 201 final   REPORT FROM THE COMMISSION SECOND REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE EUROPEAN COUNCIL AND THE COUNCIL  on the operationalisation of the European Border and Coast Guard   
 
 
1.  EUROPEAN BORDER AND  COAST GUARD  – PUTTING IN PLACE  A 

REINFORCED PROTECTION OF THE EXTERNAL BORDERS  

Protecting  the  external  borders  of  the  European  Union,  including  through  the 
European  Border  and  Coast  Guard,  is  one  of  the  key  pillars  of  the  comprehensive 
European policy on migration on which the European Union is delivering in order to 
address the immediate, medium as well as long term needs identified in the European 
Agenda on Migration.  

The  European  Border  and  Coast  Guard  follows  the  concept  and  principles  of 
integrated  border  management  and  brings  together,  in  the  spirit  of  shared 
responsibility, a robust European border agency with the border guard authorities of 
the  Member  States,  including  coast  guards  to  the  extent  that  they  carry  out  border 
control tasks. The primary role and competence of the Member States in reinforcing 
the  control  of  the  external  borders,  on  the  basis  of  their  own  existing  capacities  of 
more  than  100  000  border  and  coast  guard  officers,  is  essential  to  achieve  this 
objective.  The  protection  of  external  borders  is  the  prerequisite  for  the  normal 
functioning of the Schengen area without internal borders. The joint investment and 
engagement  in  ensuring  the  European  Border  and  Coast  Guard  becomes  fully 
operational  as  quickly  as  possible,  are  a  practical  expression  of  the  commitment  of 
Member  States  to  share  responsibility  and  demonstrate  solidarity  in  the  common 
interest. 

The present report takes stock of the progress made since the First Report in January. 
It  also  identifies  the  next  steps  all  stakeholders  need  to  take  to  ensure  that  the 
European  Border  and  Coast  Guard  is  fully  operationalised  as  soon  as  possible.  The 
Agency's Management Board plays a particularly important role. It is the forum where 
the political priority given to the operationalisation of the European Border and Coast 
Guard should be translated to concrete actions on practical issues such as filling the 
gaps in deployments to ongoing joint operations or pools.  

2.  OPERATIONAL SUPPORT TO MEMBER STATES 

The  European  Border  and  Coast  Guard  Agency  continues  providing  the  operational 
support  on  the  ground  to  Member  States  in  border  management.  The  new  annual 
cycle1  for  deploying  the  Agency’s  operational  activities  in  the  frontline  Member 
States started on 1 February 2017 with around 1350 border guards and other relevant 
staff being deployed by the Agency at different sections of the EU external borders.  

Despite  these  important  deployments,  the  running  operations  continue  to  be 
confronted with  gaps,  both  in  terms of human resources and technical equipment as 
compared to the needs assessed by the Agency in accordance with risk analysis. These 
gaps have to be filled by Member States to ensure that the operational objectives of 

1  

The European Border and Coast Guard Agency provides operational support to the frontline 
Member States through joint operations planned in the preceding year and taking into account 
risk  analysis.  The  contributions  are  provided  by  Member  States  and  the  deployments  are 
agreed  in  advance  during  the  so  called  Annual  Bilateral  Talks  between  the  Agency  and  the 
Member  States.  The  latest  contributions  were  set  in  December  2016  to  cover  the  foreseen 
operational needs of the Agency in 2017. 

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joint operations to provide the required support to the frontline border sections are not 
undermined and such a situation does not ultimately result in an emergency requiring 
the launch of a rapid border intervention.   

The  biggest  deployments  of  the  Agency  are  currently  addressing  the  migratory 
pressures  on  the  Eastern  Mediterranean,  Central  Mediterranean  and  Western  Balkan 
routes.  

2.1.  Deployment in frontline Member States 

Greece  

The  Agency  implements  three  different  operations  in  Greece.  Joint  Operation 
Poseidon in the Aegean Sea supports Greece in border control and the implementation 
of the hotspot approach on the Aegean islands and of the EU-Turkey Statement.  On 1 
March  2017,  the  Commission  adopted  “Fifth  Report  on  the  progress  made  in  the 
implementation  of  the  EU-Turkey  Statement”  2  which  provides  a  more  detailed 
overview of the Agency involvement in this respect. 

740 officers are deployed by the Agency in the context of Joint Operation  Poseidon 
including  the  support  for  readmission  activities  and  280  Security  Officers,  co-
financed  by  the  Agency,  are  deployed  by  the  Greek  Police.  The  deployment  also 
includes  2  Offshore  Patrol  Vessels,  4  Coast  Patrol  Vessels,  8  Coastal  Patrol  Boats, 
one Fixed Wing Aircraft, 13 Patrol Cars, 4 Buses and 2 Thermo-vision Vans.  

The  Agency  is  also  present  through  Joint  Operations  Flexible  Activities  and  Focal 
Points  supporting  Greece  in  border  control  activities  with  the  deployment  of 
altogether  50  officers  at  the  Greek-Turkish,  Greek-Albanian  land  borders  and  the 
border with the former Yugoslav Republic of Macedonia... In particular, The Agency 
has  launched  on  1  February  2017  a  new  operational  activity  in  northern  Greece  in 
view of deploying European Border and Coast Guard Teams at the land border with 
the former Yugoslav Republic of Macedonia and Albania in order to step up border 
surveillance and prevent irregular secondary movements and to further reinforce the 
EU  response  to  the  challenges  at  the  Western  Balkan  route.  Twelve  officers  were 
deployed  as  of  1  February  and  additional  ten  officers  as  of  13  February  2017.  The 
agreed operational plan foresees a gradual deployment over 60 officers, however, the 
shortfall  in  February  was  42  officers  and  from  1  March  it  is  expected  to  be  39 
officers.  

Italy 

Under  the  umbrella  of  Joint  Operation  Triton  deployed  in  Italy  and  in  the  Central 
Mediterranean, the Agency provides support of 272 officers including crew members 
of  the  deployed  assets  and  experts  assisting  in  the  implementation  of  the  hotspot 
approach.  The  deployment  is  supported  with  3  Aircrafts,  2  Helicopters,  2  Offshore 
Patrol vessels, 3 Coastal Patrol Vessels. This support is expected to further increase in 
the coming weeks, when departures of migrants will go up again. 

2  

(COM(2017) 204 final). 

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Bulgaria  

The Agency continues to assist Bulgaria in controlling the land borders, also in view 
of preventing irregular secondary movements. The support is provided through Joint 
Operations Flexible Activities and Focal Points with the Agency being present at the 
Bulgarian-Turkish  and  Bulgarian  Serbian  land  borders.  The  current  deployment 
includes  152  officers  supported  with  6  dog  teams,  7  thermo-vision  vans,  40  patrol 
cars, 7 CO2 detectors, and 39 Smart-deck cameras.  

2.2.  Deployment in other Member States  

Western Balkans  

Around 100 officers are currently deployed in other Member States in order to assist 
border management in the Western Balkan region. The most important deployments 
are  carried  out  in  the  framework  of  Joint  Operations  Flexible  Activities  at  the  land 
borders  of  Croatia  and  Hungary  with  Serbia  in  order  to  support  border  surveillance 
and prevent irregular secondary movements and to further reinforce the EU response 
to the challenges at the Western Balkan route. They are supported by 7 Dog teams, 15 
Smartdeck cameras, 26 patrol cars and 5 thermo-vision vans.  

European Airports  

In  addition,  as  in  the  past  years,  on  1  February  2017  the  Agency  launched  Joint 
Operation  Focal  Points  Air  which  acts  as  a  permanent  platform  at  the  external  air 
border  to  enhance  operational  cooperation  between  the  Member  States.  The 
operational  plan  foresees  to  cover  37  major  European  airports  in  24  Member  States 
(10 permanent and 27 temporary deployments) until the end of January 2018.  

While  the  Agency  makes  efforts  to  communicate  regularly  its  operational  needs 
through the so-called rolling open call, however, this important information should be 
systematically  provided  to  the  Member  States  on  a  monthly  basis  and  the  Agency 
should  seek  the  necessary  contributions  through  bilateral  contacts  with  the  Member 
States. The Commission is also supporting this process by including the information 
on  the  gaps  in  the  weekly  reports  presented  also  to  the  Member  States  within  the 
Integrated Situation Awareness and Analysis mechanism.  

Next steps: 

Member States should  

  Ensure that the agreed resources are always made available to Agency for the 

running operations and the mandatory pools. 

  Provide the following resources on the basis of the currently identified gaps: 

Gaps for Greece (Joint Operation Poseidon) 

14 February - 30 March 2017:, 2 helicopters, 1 offshore patrol vessel; 1 coastal patrol 
boat (March only),  2 transportation vehicles 

4 

 
 
April 2017: 24 officers,  2 coastal patrol vessel, 1 coastal patrol boat, 2 transportation 
vehicles 

(Joint Operation Flexible Activities at the Northern Greek land border) 

March 2017: 39 officers, 16 patrol cars, 1 dog team, 1 TVV, 2 transportation vehicles 
April 2017: 58 officers, 23 patrol cars,  2 dog teams, 1 TVV, 2 transportation vehicles 

Gaps for Bulgaria (Joint Operations Flexible Activities and Focal Points)  

1-29 March 2017:  63 officers, 28 patrol cars, 16 dog teams, 1 TVV   

29 March – 26 April 2017:74 officers, 23 patrol cars, 14 dog teams, 2 TVV's 

Gaps for Italy (Joint Operation Triton) 

17  March  –  07  April  2017:  13  officers,  1  offshore  patrol  vessel,  2  Coastal  patrol 
vessels 

7 April – 5 May  2017: 4 officers, 1 offshore patrol vessel 

The European Border and Coast Guard Agency should 

 

In order to ensure the smooth and effective running of the operations and the 
mandatory  pools,  start  to  inform  Member  States  on  a  monthly  basis  about 
needed  resources  and  proactively  seek  the  necessary  contributions  in  the 
framework of bilateral contacts with Member States. 

3.  PROGRESS  MADE  IN  THE  IMPLEMENTATION  OF  THE  PRIORITY 

AREAS  

The  European  Border  and  Coast  Guard  Agency's  Management  Board  held  its  first 
meeting  this  year  on  8-9  February  in  Malta.  A  number  of  important  decisions  were 
taken as specified in the respective sections of this report. The meeting in Malta was 
also an opportunity to hold a joint plenary session with the Management Board of the 
European  Asylum  Support  Office  where  the  roles  of  both  Agencies  on  the 
implementation  of  Hotspots,  data  collection,  analysis  and  information  exchange  as 
well  as  future  strategic  cooperation  between  the  Agencies  were  discussed.  On  this 
occasion,  the  Agencies'  Executive  Directors  have  signed  a  Cooperation  Plan  setting 
priorities  for  common  activities  of  both  Agencies  for  2017-2018.  The  Commission 
welcomes  the  closer  cooperation  between  the  two  Agencies  as  key  component  of 
implementing the hotspot approach.  

The Agency continues to advance the implementation of five priority areas identified 
and  endorsed  by  Member  States  at  the  Justice  and  Home  Affairs  Council  in  April 
2016.  

3.1.  Reinforcing  the  European  Border  and  Coast  Guard  Agency’s  rapid 
reaction capabilities, including the mandatory pooling of resources 

5 

 
 
Regarding the mandatory pooling of resources to enhance the Agency’s rapid reaction 
capability, the full availability of more than 1 500 border guards and other officers to 
the Rapid Reaction Pool has been confirmed by the Member States. In order to allow 
the  European  Border  and  Coast  Guard  Agency  to  verify  whether  the  border  guards 
included  in  the  pool  correspond  to  the  defined  profiles  as  well  as  to  organise  the 
required  training,  Member  States  should  still  communicate  the  concrete  names  of 
experts.  

Despite  calls  made  in  the  1st  Progress  Report  adopted  on  25  January  2017,  no  new 
pledges  were  made  to  the  Rapid  Reaction  Equipment  Pool.  By  the  end  of  February 
2017  only  14  Member  States  –  Austria,  Bulgaria,  Croatia,  the  Czech  Republic, 
Germany,  Hungary,  Lithuania,  the  Netherlands,  Poland,  Portugal,  Romania  and 
Slovenia have pledged their contribution to the that pool. Consequently, considerable 
gaps  still  exist  for  most  types  of  equipment,  especially  as  regards  thermos-vision 
vehicles,  offshore  and  coastal  patrol  vessels,  coastal  patrol  boats  and  helicopters,  as 
compared with the numbers decided by the Management Board.  

While  the  gaps  could  also  be  partially  closed  with  the  Agency’s  own  operational 
capacities, i.e. through framework contracts for leasing services for aerial surveillance 
and renting of patrol cars, there is a need for the Agency to immediately re-launch the 
pledging exercise so the Member States who have not done so can fill the identified 
gaps  to  ensure  that  the  pool  is  equipped  with  all  types  of  equipment  throughout  the 
year.  

Next steps:  

The Agency should 

 

Immediately re-launch  the pledging exercise so the Member States  that have 
not done so can fill the identified gaps in the Rapid Reaction Equipment Pool.  

Member States should  

  Fill  the  identified  gaps  of  the  Rapid  Reaction  Equipment  Pool  by  the  end  of 
March 2017 to ensure its full capacity throughout the year. Particular efforts 
should be made by those Member States which have not yet contributed at all 
to the Pool. 

  Communicate  by  15  March  the  names  of  the  experts  to  the  Rapid  Reaction 
Pool, so the Agency can organise the required training and verify whether the 
border guards included in the pool correspond to the defined profiles.  

  Ensure that the experts nominated to the Rapid Reaction Pool according to the 
the  Management  Board  are  effectively  available 

profiles  defined  by 
throughout the year.  

3.2.  Carrying  out  preventive  vulnerability  assessments  based  on  a  common 

methodology 

The reinforcement of preventive quality control guaranteeing the well- functioning 
of the Schengen area is clearly a top political priority for the European Union. The 
new mechanism implemented by the Agency to assess vulnerabilities in the Member 

6 

 
 
 
States’  capacities  to  face  current  and  future  challenges  at  the  external  borders  is 
expected  to  considerably  contribute  in  coming  months  and  years  to  this  common 
objective.  

Intensive  efforts  are  made  by  the  Agency  to  implement  vulnerability  assessments 
process  in  accordance  with  a  common  methodology  and  the  agreed  calendar.  The 
second meeting of the Vulnerability Assessment network took place on 25-26 January 
2017 to further discuss with the Member States the collection of data on the existing 
capacities  launched  on  18  January  2017.  In  particular,  extended  clarifications  were 
provided  on  the  tailored  template  for  the  data  submission  and  the  way  in  which  the 
Agency  intends  to  handle  classified  information  collected  from  Member  States  by 
setting the restricted IT infrastructure. In order to support the Member States’ efforts 
to  collect  and  provide  timely  the  data,  the  Agency  deployed  on  a  temporary  basis 
several staff members to nine Member States willing to receive such support during 
this challenging exercise.  

By the deadline of 24 February, the majority of Member States (22) have provided the 
set of the required data. However, 7 Member States submitted only partial information 
and 7 Member States have not submitted any data yet.   

In accordance with Article 13 of the EBCG Regulation, Member States are obliged at 
the request of the Agency to  provide information  necessary for the Agency to  carry 
out  the  assessments.  Clearly,  the  provision  of  the  complete  data  on  the  existing 
capacities  is  a  prerequisite  for  the  Agency  to  effectively  start  the  vulnerability 
assessment process. Once the information on the existing capacities is available, the 
Agency will perform an in-depth analysis of the Member States’ existing capacities in 
conjunction with relevant threat indicators against a set of the objective criteria.  

In  that  sense,  the  collected  data  will  serve  as  an  essential  basis  for  running  all  sub-
process of vulnerability assessments: 

  baseline  assessments  of  each  Member  State'  capacities  to  face  the  current 

challenges at the external borders; 

  simulation exercises to assess the future challenges at the borders carried out 
in  relation  to  a  number  of  Member  States  identified  in  accordance  with  the 
methodology; 

  emerging threats mechanism allowing for constant screening of the situation at 
the  external  borders  and  which  could  trigger  a  specific  vulnerability 
assessment. 

Already  the  baseline  assessments  expected  by  April  2017  should  lead,  when 
necessary,  to  the  Agency’s  Executive  Director  making  a  recommendation(s) 
addressed to the Member State(s) concerned setting out the necessary measures 
for  the  Member  State  to  eliminate  such  identified  vulnerabilities  within  a  defined 
timeframe. The recommendations should take into account the Agency's risk analysis, 
the  comments  of  the  Member  State  concerned  and  the  results  of  the  Schengen 
evaluation mechanism.  

Given  that  one  of  the  key  objectives  of  vulnerability  assessments  is  to  identify, 
especially  for  those  Member  States  facing  specific  and  disproportionate  challenges, 

7 

 
 
immediate  consequences  at 

the  external  borders  and  subsequent 
possible 
consequences on the functioning of the Schengen area, the recommendations made by 
the Agency’s Executive Director should - as matter of priority - focus on the most 
urgent  vulnerabilities  in  relation  to  the  current  challenges  at  the  external  borders 
affecting the well-functioning of the Schengen area.  

Once the results of simulation exercises are available by the end of October 2017, the 
second round of possible recommendations, when necessary, should be considered in 
relation to the future challenges at the external borders.  

Next steps:  

Member States should  

  For  those  Member  States  [Austria,  Denmark,    Germany,  ,  Greece,  Malta, 
Portugal and Spain ] who failed to meet the deadline to submit the necessary 
data on existing capacities, to do so as a matter of urgency and in any event 
no later than 10 March 2017.  

  For  all  Member  States,  to  respond  swiftly  to  requests  from  the  Agency  for 
supplementary information, especially in case of a partial submission of data, 
to ensure that all information is satisfactorily complemented no later than 10 
March 2017.  

The European Border and Coast Guard Agency should  

  Ensure a prioritisation for identifying the most urgent vulnerabilities based on 
the first results of the vulnerability assessment process and other information. 
  Carry out baseline assessments on the current challenges for all the Member 

States by the end of April 2017. 

  When  necessary,  based  on  the  results  of  baseline  assessments,  the  Executive 
Director  should  by  the  end  of  May  2017  make  recommendations  to  the 
relevant  Member  States  to  address  as  a  matter  of  priority  the  most  urgent 
vulnerabilities. 

3.3. 

Support for return 

The pace of return operations organised by the Agency continues to  grow. Between 
12 January and 27 February 2017, the Agency organised 44 return operations flights 
for  the  return  of  third-country  nationals,  reaching  a  total  number  of  2  116  people 
returned in 2017.  

Since  7  January  2017,  three  new  pools  of  forced-return  monitors,  forced-return 
escorts and return specialists are available for operations. As of 20 February 2017, 25 
Member States  have  contributed to these  pools by providing 518 of the  690 experts 
that  are  needed.  Member  States  that  did  not  contribute  to  the  pools  –  Cyprus, 
Sweden, Liechtenstein and Switzerland –  need to  do so as a matter of  urgency. 
All Member States need to fill the gaps, in particular for the pool of forced return 
escorts  where  only  386  experts,  out  of  the  total  600  requested,  were  offered. 
Member States, in cooperation with the Agency, should ensure that all the skills and 

8 

 
 
expertise  required  to  carry  out  return  related  activities  are  adequately  represented  in 
the  pool  of  return  specialists.  This  is  of  particular  importance  in  the  light  of  the 
increasing  number  of  return  operations  compared  to  the  past  years,  and  taking  into 
account the need for return interventions that may emerge in the coming months.  

It  is  necessary  to  provide  clarity  on  the  practical  modalities  and  on  the  rules 
concerning the deployment of pool members, as well as on their operational tasks and 
legal  responsibilities.  The  Agency  needs  to  define  these  elements,  providing  a  solid 
frame to the work of the pools and ensuring that they are ready for deployment. 

Following the entry into force of the European Border and Coast Guard Regulation, 
the Agency has the possibility to propose to Member States, on its own initiative, the 
organisation  of  return  operations  based  on  information  provided  by  Member  States 
every month about the indicative planning of their return operations, including on the 
number of returnees and third countries of return. Member States are not yet regularly 
providing this information and should start doing so as a matter of urgency so that the 
full potential of the instrument can be realised.  

To face the additional workload and to fully meet the expectations linked to the new 
mandate,  the  Agency  should  take  immediate  action  to  ensure  that  available  staff 
positions are filled and that the budget allocated to return activities is fully used.  

In the Communication "on a more effective return policy in the European Union – a 
renewed Action Plan"3, published on the same day as this Report, the Commission is 
proposing additional measures and actions for the Agency to carry out in the coming 
months in order to further step up its support to Member States in conducting return 
activities.  Progress  will  be  monitored  in  the  next  report  on  the  operationalisation  of 
the European Border and Coast Guard. 

Next steps: 

The Agency should 

  Define 

the  practical  modalities,  rules,  operational 

legal 
responsibilities  for  the  deployment  of  the  pools'  members  to  ensure  that  the 
pools are ready for deployment by the end of May at the latest. 

tasks  and 

  Fill the available staff positions allocated to return activities by June 2017.  
  Ensure that financial resources allocated to return activities are fully used.   

The Member States should 

  Contribute to the pools – if they have not done it so far [Cyprus, Italy, Sweden, 

Liechtenstein and Switzerland] – by the end of March at the latest. 

  Fill  the  gaps  in  the  pools  and  ensure  that  all  profiles  are  adequately 

represented, by the end of March at the latest. 

3  

COM(2017) 200 

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 

Immediately  start  providing,  on  a  monthly  basis,  information  about  the 
indicative planning of national return operations, including on the number of 
returnees and third counties of return. 

3.4. 

Setting up of the European Border and Coast Guard Agency’s complaint 
mechanism 

As for the complaint mechanism, two new complaints were submitted to the Agency 
between  mid-January  and  mid  February  2017,  however,  both  were  considered  as 
inadmissible by the Fundamental Rights Officer.  

The Agency still needs to improve the information dissemination on the mechanism, 
including the visual accessibility of complaint forms at the Agency’s website as well 
as the paper distribution of the relevant materials in the locations where the Agency’s 
deployment take place.  

The Fundamental Rights Officer is expected to receive in 2017 one additional post to 
support  her  tasks,  the  relevant  recruitment  procedure  still  needs  to  be  launched. 
Moreover,  the  Agency  needs  to  further  examine  the  staffing  needs  for  the 
Fundamental  Rights  Officer  in  view  of  the  possible  workload  related  to  the 
implementation  of  the  mechanism  in  a  long  term  as  well  as  in  relation  of  the 
mainstreaming of fundamental rights in the Agency’s operational activities.  

Next steps:  

The Agency should 

 

Improve  the  dissemination  of  the  information  materials,  related  to  the 
complaint  mechanism,  including  to  ensure  better  accessibility  of  the 
complaints forms on its website, by the end of March. 

3.5. 

Paving  the  way  for  better  operational  cooperation  with  priority  third 
countries by setting a model status agreement 

As  regards,  the  Agency’s  operational  cooperation  with  priority  third  countries,  the 
Management  Board  at  its  meeting  on  8-9  February  has  authorised  the  Executive 
Director  to  open  negotiation  for  a  working  arrangement  for  the  cooperation  with 
Niger.  

On  25  January  2017,  the  Commission  adopted  recommendations  to  the  Council  to 
authorise the opening of negotiations with Serbia and the former Yugoslav Republic 
of Macedonia to agree on the status agreements required for the deployment of the 
European  Border  and  Coast  Guards  teams  in  these  countries.  The  Commission 
welcomes  the  fast  progress  in  the  Council  and  hopes  for  the  swift  adoption  of  the 
relevant decisions to start formal negotiations. The competent authorities of the third 
countries concerned must nonetheless complete the necessary internal procedures for 
negotiating  the  agreements  with  the  Commission.  Serbia  and  the  former  Yugoslav 
Republic of Macedonia are expected to complete the necessary internal procedures in 
the  weeks  to  come.  The  Commission  is  in  constant  contact  with  the  authorities  of 
these  two  countries,  so  that  the  formal  negotiations  can  start  whenever  these  two 

10 

 
 
countries ready. The Commission aims at concluding the agreements with Serbia and 
the former Yugoslav Republic of Macedonia as quickly as possible. 

Next steps: 

The Council should  

  authorise  swiftly    the  opening  of  negotiations  with  Serbia  and  the  former 

Yugoslav Republic of Macedonia on the respective status agreements  

The Commission is in regular contact with Serbia and the former Yugoslav Republic 
of  Macedonia  and  ready  to  start  negotiations  the  moment  the  formal  mandate  is 
agreed  

3.6.  Headquarters agreement  

The  Commission  welcomes  that  the  Agency  and  Poland  have  finalised  technical 
discussions and initialled the draft headquarters agreement on 23 January 2017. The 
draft Headquarters Agreement clarifies and establishes, among others, the legal status 
of the Agency, the immunities, privileges and tax exemptions accorded to the Agency, 
its  staff  and  their  family  members,  the  exact  scope  of  diplomatic  status  granted  to 
certain  categories  of  staff  and  the  European  schooling  in  Warsaw.  It  also  includes 
provisions on the new headquarter building of the Agency in Warsaw.  

The  Management  Board  at  its  meeting  on  8-9  February  2017  approved  the  draft 
Agreement  giving  the  Executive  Director  the  possibility  to  conclude  the  Agreement 
on  behalf  of  the  Agency.  According  to  the  Polish  law,  the  draft  agreement  must  be 
ratified by the Polish Parliament before it is finally signed.  

Next steps: 

Poland and the European Border and Coast Guard Agency should  

 

finalise  the  conclusion  of  the  headquarters  agreement  according  to  the 
respective procedures by 7 April 2017, in this context the Polish Parliament 
is invited to ratify the agreement before that date.  

4.  EUROPEAN COOPERATION ON COAST GUARD FUNCTIONS 

In order to set up a European cooperation among authorities carrying out coast guard 
functions4,  the  mandates  of  the  European  Border  and  Coast  Guard  Agency,  the 
European Maritime Safety Agency and the European Fisheries Control Agency have 
been amended in parallel in October 2016. The three Agencies play a crucial role in 
providing  common  information,  surveillance  and  training  services  to  national 

4 

Coast  guard  functions  may  include  maritime  safety  and  security,  search  and  rescue,  border 
control,  fisheries  control,  customs  control,  general  law  enforcement  and  environmental 
protection. 

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authorities as well as in planning and carrying out multipurpose operations in the field 
of maritime surveillance.  

At the initiative of the European Parliament, an EU pilot project has been launched in 
mid-2016  to  develop  and  test  these  services  and  multipurpose  operations  in  close 
cooperation  with  and  for  the  benefit  of  the  national  authorities.  The  project  will  be 
completed in mid-2017. 

The Commission cooperates closely with the three Agencies to ensure full coherence 
between the different policy areas.  

4.1. 

Integrated maritime information services 

The  European  Maritime  Safety  Agency  provides  its  Integrated  Maritime  Services, 
based on ship reporting systems and other surveillance tools, to the European Border 
and Coast Guard Agency and the European Fisheries Control Agency for the benefit 
of their communities.  

The  European  Border  and  Coast  Guard  Agency  provides  the  services  received  from 
the European Maritime Safety Agency via the European Border Surveillance System 
(EUROSUR)  Fusion  Services  support  to  the  border  and  coast  guards  and  to  Joint 
Operations  coordinated  by  the  European  Border  and  Coast  Guard  Agency.  These 
services  include  detection,  identification  and  tracking  of  vessels,  anomaly  detection, 
and  monitoring  of  departure  points,  thereby  considerably  enhancing  the  maritime 
situational awareness and reaction capability of border and coast guards. 

The  services  provided  by  the  European  Maritime  Safety  Agency  to  the  European 
Fisheries  Control  Agency  facilitate  the  detection  of  “Illegal,  Unreported,  and 
Unregulated fishing”. As of 19 January 2017, an important missing data set, namely 
data on fishing vessels5 is being provided by the European Fisheries Control Agency 
via the European Maritime Safety Agency to the European Border and Coast Guard 
Agency, and from there to border and coast guards.  

The  European  Maritime  Safety  Agency  is  also  providing  selected  parts  of  its 
Integrated Maritime Services to a number of users outside of the European Union, as 
part  of  support  programmes  (including  training  and  capacity  building  activities)  to 
third countries in the Mediterranean Sea, Black Sea and Caspian Sea, for the purpose 
of locating illegal discharges at sea and the polluters. 

4.2.  

Joint maritime surveillance services 

1. 

Remotely Piloted Aircraft Systems (RPAS) 

An  important  missing  tool  for  maritime  surveillance  is  the  use  of  Remotely  Piloted 
Aircraft Systems,  filling the operational  gap between  satellite imagery and maritime 
patrol aircraft. For this reason the Council and European Parliament have reserved M€ 
67 for 2017-2020 for establishing a joint  Remotely  Piloted Aircraft Systems  service 

5 

Vessel Monitoring System (VMS). 

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for maritime surveillance by the European Maritime Safety Agency, together with the 
European  Border  and  Coast  Guard  Agency  and  the  European  Fisheries  Control 
Agency.  In  2016  tendering  specifications  have  been  elaborated  jointly  by  the  three 
Agencies,  and  the  framework  contract  signed  in  February  2017,  covering  both  long 
endurance and vertical take-off/landing Remotely Piloted Aircraft Systems. Following 
a  preparatory  phase  of  three  months,  including  technical  acceptance  tests,  this  joint 
Remotely Piloted Aircraft Systems service will be operational as of June 2017, with 
flight authorisations to be given by the civil aviation authorities.  

To promote the use by national authorities, a demonstration of the Remotely Piloted 
Aircraft Systems service will be held in May 2017 in the Western Mediterranean Sea, 
showing  its  added  value  for  border  control,  search  and  rescue,  fisheries  control  and 
marine pollution monitoring.  

To  address  the  specificities  of  the  Eastern  Mediterranean  Sea,  the  European  Border 
and  Coast  Guard  Agency  is  planning  to  test  the  use  of  long  endurance  Remotely 
Piloted  Aircraft  Systems  in  that  region  later  in  2017,  thereby  contributing  to  the 
further  development  of  the  joint  Remotely  Piloted  Aircraft  Systems  service  of  the 
three Agencies.  

2. 

Fixed wing aircraft service 

The  European  Border  and  Coast  Guard  Agency  has  currently  three  framework 
contracts for multipurpose surveillance flights. The European Border and Coast Guard 
Agency  has  set  up  a  web  portal,  which  gives  direct  access  to  operators  in  the  three 
Agencies and Member States, e.g. for real time video streaming and reporting. A new 
framework contract for aerial surveillance will be signed in the fourth quarter of 2017.  

4.3. 

 Capacity building and multipurpose operations 

The  European  Fisheries  Control  Agency  is  currently  developing,  together  with  the 
European  Border  and  Coast  Guard  Agency  and  the  European  Maritime  Safety 
Agency, guidelines on interagency cooperation in the field of maritime surveillance. 

All  the  previous  elements  described  above  serve  one  operational  goal,  namely  to 
make  best  use  of  existing  information,  services  and  capabilities  in  multipurpose 
operations  which  are  carried  out  by  the  Agencies in  the  Mediterranean  Sea  together 
with and for the benefit of national authorities.  

Next steps: 

All the Member States’ authorities carrying out coast guard functions should  

  Use the services provided by the European Border and Coast Guard Agency, 
the  European  Maritime  Safety  Agency  and  the  European  Fisheries  Control 
Agency under the EU cooperation on coast guard functions.  

The European Maritime Safety Agency should  

13 

 
 
  Make the Joint Remotely Piloted Aircraft Systems Services operational by end 

May 2017. 

The  European  Border  and  Coast  Guard  Agency  and  the  European  Fisheries 
Control Agency should  

  Make  full  use  of  the  Joint  Remotely  Piloted  Aircraft  Systems  Services,  as  a 

matter of priority, in the Central Mediterranean Sea as of June 2017. 

The three Agencies should  

  Explore on a pilot basis how the information and services provided under the 
EU  cooperation  on  coast  guard  functions  could  also  be  used  for  the  benefit 
neighbouring third countries, in particular in the Mediterranean Sea. 

5.  CONCLUSIONS 

The second report shows that all stakeholders have continued to work intensively to 
roll out the activities and tools of the European Border and Coast Guard Regulation to 
ensure  a  reinforced  capability  to  protect  the  external  borders  is  in  place  as  soon  as 
possible.  

In  particular,  most  of  the  Member  States  have  provided  the  necessary  data  for  the 
purpose  of  the  vulnerability  assessment  which  is  an  important  step  to  achieve  an 
effective preventive approach. Equally, the fast progress in the Council in view of the 
expected swift adoption of the decisions by the Council authorising the Commission 
to  start  the  formal  negotiations  with  Serbia  and  the  former  Yugoslav  Republic  of 
Macedonia  on  the  status  agreements  shows  the  continued  political  priority  given  to 
operationalising the European Border and Coast Guard.   

However, further steps should be taken by the Member States to urgently ensure the 
full operational capability of the rapid reaction pools, in particular to fill the gaps for 
the Rapid Reaction Equipment Pool, as well as to continue joint efforts in supporting 
the frontline Member States in the effective management of the external borders with 
the requested deployments for the on-going joint operations. Member States need also 
to exploit the potential offered by the reinforced Agency to assist in the area of return 
operations by notifying their indicative planning on return operations.    

The Commission invites the Council to discuss progress on the basis of this report and 
endorse  the  proposed  concrete  steps  to  bring  forward  the  operationalisation  of  the 
European Border and Coast Guard.  

The  Commission  will  report  again  on  the  progress  made  to  reinforce  the  external 
borders in Spring 2017. 

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