L 91/10
EN
Official Journal of the European Union
18.3.2022
2.
Team members shall, in the performance of their tasks and in the exercise of their powers, fully respect fundamental rights, including access to asylum procedures and human dignity, and shall pay particular attention to vulnerable persons.
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, they shall not discriminate against persons on the basis of any grounds such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation in line with Article 21 of the Charter.
Measures interfering with fundamental rights and freedoms may only be taken by team members in the performance of their tasks and/or in the exercise of their powers when necessary and proportionate to the objectives pursued by such measures and must respect the essence of these fundamental rights and freedoms in accordance with applicable international, Union and national law.
This provision shall apply mutatis mutandis to all Border Police staff participating in an operational activity.
3.
The Agency's fundamental rights officer shall monitor each operational activity's compliance with applicable fundamental rights standards.
The fundamental rights officer, or his or her deputy, may carry out on-the-spot visits to the third country; he or she shall also provide opinions on the operational plans and inform the Agency's executive director about possible violations of fundamental rights relating to an operational activity.
The Republic of Moldova shall support the fundamental rights officer's monitoring efforts, as requested.
4.
The Parties agree to provide the consultative forum with timely and effective access to all information concerning the respect for fundamental rights in relation to any operational activity performed under this Agreement, including through on-the-spot visits to the operational area.
5.
The Parties shall each have a complaints mechanism to process allegations of breaches of fundamental rights committed by their staff in the exercise of their official functions in the course of an operational activity performed under this Agreement.
Article 9
Fundamental Rights Monitors
1.
The Agency's fundamental rights officer shall assign at least one fundamental rights monitor to each operational activity to, inter alia, assist and advise the coordinating officer.
2.
The fundamental rights monitor shall monitor compliance with fundamental rights and provide advice and assistance on fundamental rights in the preparation, conduct and evaluation of the relevant operational activity.
This shall include, in particular: (a) following the preparation of operational plans and reporting to the fundamental rights officer to enable him or her to fulfil his or her tasks as provided for in Regulation (EU) 2019/1896; (b) conducting visits, including long-term visits, where operational activities take place; (c) cooperating and liaising with the coordinating officer and providing advice and assistance to him or her; (d) informing the coordinating officer of, and reporting to the fundamental rights officer on, any concerns regarding possible violations of fundamental rights relating to the operational activity; and, (e) Contributing to the evaluation of the operational activity as referred to in Article 4(3)(i).