CELEX: 52011PC0873
Language: en
Date: 2011-12-12
Title: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL Establishing the European Border Surveillance System (EUROSUR)

|
			
		
		
		52011PC0873
		
			Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL Establishing the European Border Surveillance System (EUROSUR) /* COM/2011/0873 final - 2011/0427 (COD) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM

1.                      
CONTEXT OF THE PROPOSAL
1.1.                
Introduction

This proposal shall provide for the
necessary legal framework to respond to the request of the European Council of
23-24 June 2011 to further develop the European Border Surveillance System (EUROSUR)
as a matter of priority in order to become operational by 2013, allowing Member
States' authorities carrying out border surveillance activities and the European
Agency for the Management of Operational Cooperation at the External Borders of
the Member States of the European Union[1]
(Frontex), hereinafter referred to as 'the Agency', to share operational
information and improve cooperation.
The aim of EUROSUR is to reinforce the
control of the Schengen external borders. EUROSUR will establish a mechanism
for Member States' authorities carrying out border surveillance activities to
share operational information and to cooperate with each other and with the
Agency in order to reduce the loss of lives at sea and the number of irregular
immigrants entering the EU undetected, and to increase internal security by
preventing cross-border crimes, such as trafficking in human beings and the smuggling
of drugs.
The works currently carried out for the
testing and the gradual establishment of EUROSUR are based on a roadmap presented
in a Commission Communication in 2008.[2]

1.2.                
Legal basis

This legislative proposal
is based on Article 77(2)(d) of the Treaty on the Functioning of the European
Union (TFEU), according to which the European Parliament and the Council,
acting in accordance with the ordinary legislative procedure, shall adopt
measures concerning any measure necessary for the gradual establishment of an integrated
management system for external borders.[3]

The establishment of EUROSUR
forms part of a policy aimed at reinforcing the management of the external
borders of the Member States. Hence EUROSUR will constitute a new policy
instrument which will streamline cooperation and enable systematic information
exchange between Member States as well as with the Agency on border
surveillance, something which currently does not exist at EU level. 
Once adopted, the legislative act on
EUROSUR would constitute a development of the provisions of the Schengen acquis,
in which the United Kingdom and Ireland are not participating, but which is
applicable to four associated countries (Norway, Iceland, Switzerland and
Liechtenstein). Schengen states are committed to maintaining common standards
for external border control.

1.3.                
Objective and content of the legislative proposal

The purpose of the legislative proposal is
to improve the situational awareness and reaction capability of Member States
and the Agency when preventing irregular migration and cross-border crime at
the external land and maritime borders (Article 1). 
This shall be done by establishing a common
framework (Article 4), with clear responsibilities and competencies for the
national coordination centres for border surveillance in the Member States
(Article 5) and the Agency (Article 6), which form the backbone of EUROSUR.
These centres, which shall ensure an effective and efficient management of
resources and personnel at national level, and the Agency shall communicate
with each other via the communication network (Article 7), which would allow to
exchange both non-classified sensitive as well as classified information. 
The cooperation and information exchange
between the national coordination centres and the Agency is done via
'situational pictures' (Article 8), which shall be established at national
(Article 9) and European level (Article 10) as well as for the pre-frontier
area (Article 11). These three pictures, of which the two latter shall be
managed by the Agency, are structured in a similar way to facilitate the flow
of information among them. 
The situational pictures will as a general
rule not involve personal data but rather the exchange of information on incidents
and depersonalised objects, such as the detection and tracking of vessels. In
exceptional cases personal data may form part of the data shared by Member
States with the Agency provided that the conditions of Regulation (EC) No
2007/2004 of 26 October 2004 are met.[4]
To the extent personal data forms part of the national situational picture of neighbouring
external border sections, it may be exchanged between neighbouring Member
States only, under the conditions set by the horizontal EU legal framework on
data protection.
Furthermore, the Agency shall provide a
service for the common application of surveillance tools (Article 12), taking
into account that such a service can be provided more cost-efficiently at
European level. Such a service could be implemented with the support of
relevant European space programmes, including the operational Global Monitoring
for Environment and Security (GMES). 
The approach chosen in EUROSUR is to make
best use of existing information, capabilities and systems available in other
EU agencies to the extent possible (Article 17). For this reason, the Agency
would closely cooperate with the EU Satellite Centre, the European Fisheries
Control Agency and the European Maritime Safety Agency in providing the service
for the common application of surveillance tools as well as with EUROPOL in
order to exchange information on cross-border crime.
With regard to maritime traffic data to be
provided by the SafeSeaNet system under Directive 2002/59/EC, the Commission
intends to make an appropriate proposal modifying the Directive in 2013. It is
envisaged that the relevant information in SafeSeaNet will also be made
available for purposes other than those related to maritime safety, maritime
security and marine environment protection and thereby be part of the
surveillance tools used in the EUROSUR framework.
Better awareness of what is going on at the
external borders is only of limited value if it is not complemented by an
improved capability of EU Member States to react to challenges faced at their
external borders. For this reason, Member States shall divide their external
borders into borders sections (Article 13), to which – based on risk analysis
and the number of incidents occuring – impact levels shall be attributed
(Article 14). Depending on which impact levels have been attributed, the
national coordination centres and the Agency shall take counter-measures in
order to lower the impact on the border section in question (Article 15).
The cooperation with neighbouring third
countries is crucial for the success of EUROSUR. Therefore exisiting and
planned regional networks set up between Member States and neighbouring third
countries shall be linked to EUROSUR via the national coordination centres (compare
Article 9(2)(h) and Article 18). Taking into account that Member States and the
Agency are already in the process of setting up the different components of
EUROSUR at national and European level, EUROSUR should become operational in
the second half of 2013 (Article 21). The Joint Research Centre of the European
Commission should provide the Agency with technical support on the further
technical development of EUROSUR.
As EUROSUR is not intended as a system to
regulate the collection, storage or cross-border exchange of personal data, it
was not covered by the Commission's Communication on an overview of information
management in the area of freedom, security and justice of 2010[5]. The development of EUROSUR has
nevertheless been analysed on the basis of the principles set out in that
Communication, as further elaborated in the accompanying impact assessment.
This concerns notably the principle of necessity where the possibility to use
EUROSUR for the exchange of personal data has been kept to the absolute
minimum, the principle of cost-effectiveness where a step-by-step approach has
been chosen using the least complex technical solutions, and a bottom-up policy
design, with the Commission working since 2008 in close cooperation with Member
States' experts to assess different technical solutions and to jointly validate
findings and recommendations of the studies carried out. 
This proposal was subjected to scrutiny to
ensure that its provisions are fully compatible with fundamental rights and
notably human dignity, prohibition of torture and inhuman or degrading
treatment or punishment, right to liberty and security, right to the protection
of personal data, non-refoulement, non-discrimination and rights of the child.
Particular attention was paid to Articles 4 and 19(2) of the EU Charter of
Fundamental Rights, which prohibit removal of persons to a State where there is
a serious risk of death penalty, torture or other inhuman or degrading treatment
or punishment. Article 18(2) of this Regulation explicitly prohibits any
exchange of information with a third country that could use this information to
identify persons or groups of persons who are under a serious risk of being
subjected to torture, inhuman and degrading treatment or punishment or any
other violation of fundamental rights. 
In addition, Article 24 of the Charter was
of importance, as many irregular migrants and victims of trafficking are
children. Article 1(3) explicitly provides that Member States and the Agency
shall give priority to the special needs of children, victims of trafficking,
persons in need of urgent medical assistance, persons in need of international
protection, persons in distress at sea and other persons in a particularly
vulnerable situation. Article 8 of the Charter on the protection of personal
data is also of particular importance as data sharing may include personal
data, in which situation the data protection rules apply and must be fully
respected.
2.           RESULTS OF CONSULTATIONS WITH THE
INTERESTED PARTIES AND IMPACT ASSESSMENTS
The Commission Staff Working Document
accompanying this proposal, which is assessing the impact of this proposal,
gives a detailed overview on the consultations carried out in 2008-2011 and
also provides for a detailed explanation of the framework of EUROSUR and the
different policy options and costs for its establishment.
3.           LEGAL ELEMENTS OF THE PROPOSAL
Article 77 (2) (d) of the Treaty on the
Functioning of the European Union is the legal basis for the proposal.
4.           BUDGETARY IMPLICATION
The different components of EUROSUR will be
mainly implemented by the Agency and by Member States (shared management) on
the basis of the 2008 EUROSUR roadmap (COM(2008)68final).
With regard to setting up the national
coordination centres, Member States will be supported by the External Borders
Fund in 2012-2013 and the instrument for financial support for external borders
and visa as part of the planned Internal Security Fund in 2014-2020. 
On the other hand, the Agency will use its
own budget to set up the communication network and other horizontal components
of EUROSUR, such as the European situational picture and the common
pre-frontier intelligence picture, and when necessary this is completed by
support under the Internal Security Fund (direct or indirect centralised
financial management).
Funding provided under the 7th
Framework Programme for Research and Development will support the setting up of
the envisaged service for the common application of surveillance tools in
2012-2013.
Measures in neighbouring third countries
will be supported in 2012-2013 by the Thematic Programme for Asylum and
Migration, as part of the Development Cooperation Instrument.
2011/0427 (COD)
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
Establishing the European Border
Surveillance System (EUROSUR)
THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 77(2)(d) thereof,
Having regard to the proposal from the
European Commission,
After transmission of the draft legislative
act to the national Parliaments,
Acting in accordance with the ordinary
legislative procedure,
Whereas:
(1)       The establishment of a
European Border Surveillance System (hereinafter referred to as 'EUROSUR') is
necessary in order to strengthen the information exchange and operational
cooperation between national authorities of Member States as well as with the European
Agency for the Management of Operational Cooperation at the External Borders of
the Member States of the European Union established by Council Regulation (EC)
No 2007/2004 of 26 October 2004[6]
(Frontex), hereinafter referred to as ‘the Agency’. EUROSUR should provide these
authorities and the Agency with the infrastructure and tools needed to improve
their situational awareness and reaction capability when detecting and preventing
irregular migration and cross-border crime as well as protecting and saving lives
of migrants at the external borders of the Member States of the Union.
(2)       Member States should
establish national coordination centres for border surveillance to improve the
cooperation and information exchange between them and with the Agency. It is essential
for the proper functioning of EUROSUR that all national authorities with a
responsibility for external border surveillance under national law are cooperating
via national coordination centres.
(3)       This Regulation should not
hinder Member States from making their national coordination centres also responsible
for coordinating the information exchange and cooperation with regard to the
surveillance of air borders and for checks at border crossing points.
(4)       This Regulation forms part
of the European model of integrated border management of the external borders and
of the Internal Security Strategy of the European Union. EUROSUR also contributes
to the development of the Common Information Sharing Environment for the surveillance
of the EU maritime domain (CISE), providing a wider framework for maritime
situational awareness through information exchange amongst public authorities
across sectors in the Union. 
(5)       According to point (i) of
Article 2 of Regulation 2007/2004, the Agency should provide the necessary assistance
to the development and operation of EUROSUR, and, as appropriate, to the
development of CISE, including interoperability of systems.
(6)       This Regulation respects
the fundamental rights and observes the principles recognised by the Charter of
Fundamental Rights of the European Union, notably human dignity, prohibition of
torture and inhuman or degrading treatment or punishment, right to liberty and
security, right to the protection of personal data, non-refoulement,
non-discrimination and rights of the child. This Regulation should be applied
by Member States in accordance with these rights and principles.
(7)       Any exchange of personal data
using the communication network for EUROSUR should be conducted on the basis of
existing national and Union legal provisions and should respect their specific
data protection requirements. The Directive 95/46/EC of the European Parliament
and of the Council of 24 October 1995 on the protection of individuals with
regard to the processing of personal data and on the free movement of such data[7], Regulation (EC) No 45/2001 of
the European Parliament and of the Council of 18 December 2000 on the
protection of individuals with regard to the processing of personal data by the
Community institutions and bodies and on the free movement of such data[8] and, in the framework of police
and judicial cooperation, the Council Framework Decision 2008/977/JHA 27
November 2008 on the protection of personal data processed in the framework of
police and judicial cooperation in criminal matters[9] are applicable in cases in which
more specific instruments, such as Regulation (EC) No 2007/2004, do not provide
a full data protection regime.
(8)       Since the establishment of
EUROSUR cannot be sufficiently achieved by Member States alone and can therefore,
by virtue of the scale and impact of the action, be better achieved at Union
level, the Union may adopt measures, in accordance with the principle of
subsidiarity as set out in Article 5 of the Treaty of the European Union. In
accordance with the principle of proportionality this Regulation does not go
beyond what is necessary in order to achieve its objective.
(9)       In order to implement a
gradual geographical roll-out of EUROSUR, the obligation to designate and
operate national coordination centres should apply in three successive stages,
first to the Member States located at the southern sea external borders and at
the eastern land external borders, at a second stage to the remaining Member
States with land or sea external borders and at a third stage to the remaining
Member States.
(10)     In accordance with Articles
1 and 2 of the Protocol on the position of Denmark, as annexed to the Treaty on
European Union and to the Treaty on the Functioning of the European Union,
Denmark is not taking part in the adoption of this Regulation and is therefore
not bound by it or subject to application thereof. Given that this Regulation
builds upon the Schengen acquis, under Title V of Part Three of the
Treaty on the Functioning of the European Union, Denmark shall, in accordance
with Article 4 of that Protocol, decide within six months after adoption of
this Regulation whether it will implement it in its national law.
(11)     This Regulation constitutes
a development of provisions of the Schengen acquis, in which the United
Kingdom is not participating, in accordance with Council Decision 2000/365/EC
of 29 May 2000 concerning the request of the United Kingdom of Great
Britain and Northern Ireland to take part in some of the provisions of the
Schengen acquis[10].
The United Kingdom is therefore not taking part in adoption of this Regulation
and is not bound by it or subject to application thereof. 
(12)     This Regulation constitutes
a development of provisions of the Schengen acquis, in which Ireland is
not participating, 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[11].
Ireland is therefore not taking part in adoption of this Regulation and is not
bound by it or subject to application thereof. 
(13)     As regards Iceland and
Norway, this Regulation constitutes a development of provisions of the Schengen
acquis, as provided for by 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[12].

(14)     As regards Switzerland,
this Regulation constitutes a development of provisions of the Schengen acquis,
as provided for by the Agreement 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[13].

(15)     As regards Liechtenstein,
this Regulation constitutes a development of provisions of the Schengen acquis,
as provided for by the Protocol between the European Union, the European
Community, the Swiss Confederation and the Principality of Liechtenstein on the
accession of the Principality of Liechtenstein to the Agreement between the
European Union, the European Community and the Swiss Confederation on the Swiss
Confederation’s association with the implementation, application and
development of the Schengen acquis[14].
(16)     Implementation of this
Regulation does not prejudice the division of competence between the Union and
the Member States, and does not affect obligations of Member States under the
United Nations Convention on the Law of the Sea, the International Convention
for the Safety of Life at Sea, the International Convention on Maritime Search
and Rescue, the United Nations Convention against Transnational Organised Crime
and its Protocol against the Smuggling of Migrants by Land, Sea and Air, the
Convention relating to the Status of Refugees, the Convention for the
Protection of Human Rights and Fundamental Freedoms and other relevant
international instruments.
(17)     Implementation of this
Regulation does not affect the rules for the surveillance of sea external
borders in the context of operational cooperation coordinated by the Agency, as
laid down in Council Decision 2010/252/EU of 26 April 2010[15].
HAVE ADOPTED THIS REGULATION:
TITLE I
GENERAL
PROVISIONS
Article 1
Subject
matter
This Regulation establishes a common
framework for the exchange of information and cooperation between Member States
and the Agency in order to improve the situational awareness and reaction
capability at the external borders of the Member States and of the European
Union, hereinafter referred to as the European Border Surveillance System
(EUROSUR). 
Article 2
Scope
1.           This Regulation shall
apply to the surveillance of land and sea external borders of the Member
States, including measures for monitoring, detection, identification, tracking,
prevention and interception of illegal border crossings. 
2.           This Regulation shall not
apply to operational, procedural and legal measures taken after interception.
3.           Member States and the
Agency shall comply with fundamental rights, including data protection
requirements, when applying this Regulation. They shall give priority to the
special needs of children, victims of trafficking, persons in need of urgent
medical assistance, persons in need of international protection, persons in
distress at sea and other persons in a particularly vulnerable situation.
Article 3
Definitions
For the purposes of this Regulation,
the following definitions shall apply:
(a)          'situational awareness' means
the ability to monitor, detect, identify, track and understand cross-border
activities in order to find reasoned grounds for control measures on the basis
of combining new information with existing knowledge;
(b)          'reaction capability' means
the ability to perform actions aimed at countering illegal cross-border
movements, including the means and timelines to react adequately to unusual
circumstances;
(c)          'situational picture' means
a graphical interface to present real-time data, information and intelligence
received from different authorities, sensors, platforms and other sources,
which is shared across communication and information channels with other
authorities in order to achieve situational awareness and support the reaction
capability along the external borders and the pre-frontier area;
(d)          'cross-border crime' means
any serious or organised crime committed at the external borders of Member
States, such as trafficking in human beings, smuggling of drugs and other
illicit activities;
(e)          'external border section'
means the whole or a part of the external land or sea border of a Member State
as defined by national legislation or as determined by the national
coordination centre or any other responsible national authority;
(f)           'pre-frontier area' means
the geographical area beyond the external border of Member States, which is not
covered by a national border surveillance system.
TITLE II
FRAMEWORK
CHAPTER
I
Components
Article 4
EUROSUR
framework
1.           For the exchange of
information and cooperation in the field of border surveillance, Member States
and the Agency shall use the framework of EUROSUR, consisting of the following
components:
(a)          national coordination centres
for border surveillance;
(b)          national situational pictures;
(c)          communication network;
(d)          European situational picture;
(e)          common pre-frontier intelligence
picture;
(f)           common application of
surveillance tools.
2.           The national coordination
centres shall provide the Agency via the communication network with all the information
from their national situational pictures which is required for the
establishment and maintenance of the European situational picture and of the
common pre-frontier intelligence picture.
3.           The Agency shall give the
national coordination centres via the communication network unlimited access to
the European situational picture and to the common pre-frontier intelligence
picture.
4.           The components listed in
paragraph 1 shall be established and maintained in line with the principles
outlined in the annex.
Article 5
National
Coordination Centre
1.           Each Member State with
land and sea external borders shall designate, operate and maintain a National
Coordination Centre for border surveillance, which shall coordinate and
exchange information between all authorities with a responsibility for external
border surveillance at national level as well as with the other national
coordination centres and the Agency. The Member State shall notify the establishment
of the centre to the Commission, which shall forthwith inform the other Member
States and the Agency.
2.           Without prejudice to
Article 16, the national coordination centre shall be the single point of
contact for the exchange of information and cooperation with other national
coordination centres and with the Agency.
3.           The national coordination
centre shall:
(a)          ensure the timely information
exchange and cooperation between all national authorities with a responsibility
for external border surveillance and with relevant law enforcement authorities
at national level as well as with other national coordination centres and the
Agency;
(b)          contribute to an effective
and efficient management of resources and personnel;
(c)          establish and maintain the
National Situational Picture in accordance with Article 9;
(d)          support the planning and
implementation of all national border surveillance activities;
(e)          administer the national
border surveillance system, where applicable in accordance with national law;
(f)           measure regularly the
effects of national border surveillance activities; 
(g)          coordinate operational
measures with other Member States, without prejudice to the competences of the
Agency.
4.           The national coordination
centre shall operate twenty four hours a day and seven days a week.
Article 6
The
Agency
1.           The Agency shall 
(a)          administer the communication
network for EUROSUR in accordance with Article 7;
(b)          establish and maintain the
European situational picture in accordance with Article 10;
(c)          establish and maintain the
common pre-frontier intelligence picture in accordance with Article 11;
(d)          facilitate the common
application of surveillance tools in accordance with Article 12.
2.           For the purposes of
paragraph 1, the Agency shall operate twenty four hours a day and seven days a
week. 
Article 7
Communication
network
1.           The Agency shall establish
and maintain a communication network in order to provide communications and
analytical tools and allow for the secure exchange of non-classified sensitive
and classified information in near real time with and between the national
coordination centres. The network shall be operational twenty four hours a day
and seven days a week and allow for:
(a)          bilateral and multilateral
information exchange in near real time;
(b)          audio and video
conferencing;
(c)          secure handling, storing,
processing of non-classified sensitive information;
(d)          secure handling, storing,
transmission and processing of EU classified information up to the level of
RESTREINT UE/EU RESTRICTED or equivalent national classification levels, ensuring
that classified information is handled in a separate and duly accredited part
of the communication network.
2.           The Agency shall provide technical
support and ensure that the communication network is interoperable with any
other communication and information system managed by the Agency.
3.           The Agency and the
national coordination centres shall exchange, process and store non-classified
sensitive and classified information in the communication network in compliance
with rules and standards which apply the basic principles and common standards
of or are equivalent to the Commission Decision 2001/844/EC amending its
internal Rules of Procedure[16].
4.           Member States'
authorities, agencies and other bodies using the communication network shall
ensure that equivalent security rules and standards as those applied by the
Agency are complied with for the handling of classified information.
CHAPTER II
Situational Awareness
Article 8
Situational
pictures
1.           The national situational pictures,
the European situational picture and the common pre-frontier intelligence picture
shall be produced through the collection, evaluation, collation, analysis,
interpretation, generation, visualisation and dissemination of information.
2.           The pictures referred to in
paragraph 1 shall consist of the following layers:
(a)          an events layer, containing
information on incidents concerning irregular migration, cross-border crime and
crisis situations;
(b)          an operational layer,
containing information on the status and position of own assets, areas of
operation and environmental information;
(c)          an analysis layer, containing
strategic information, analytical products, intelligence as well as imagery and
geo-data.
Article 9
National
Situational Picture
1.           The national coordination
centre shall establish and maintain a national situational picture, in order to
provide all authorities with responsibilities in border surveillance at
national level with effective, accurate and timely information which is relevant
for the prevention of irregular migration and cross-border crime at the
external borders of the Member State concerned.
2.           The national situational
picture shall be composed of information collected from the following sources:
(a)          national border
surveillance system, where applicable in accordance with national law;
(b)          stationary and mobile
sensors operated by national authorities with a responsibility for external
border surveillance;
(c)          patrols on border
surveillance and other monitoring missions;
(d)          local, regional and other
coordination centres;
(e)          other relevant national
authorities and systems;
(f)           the Agency;
(g)          national coordination centres
in other Member States and in third countries;
(h)          regional networks with
neighbouring third countries, such as the SEAHORSE Atlantic network, SEAHORSE
Mediterranean network, the Baltic Sea Region Border Control Cooperation network
CoastNet, the Black Sea Border Coordination and Information Centre and other
regional networks set up at the external land borders;
(i)           ship reporting systems,
such as the Automatic Identification System (AIS) and the Vessel Monitoring
System (VMS). Data from these systems shall be acquired at national level from
the national competent authorities and fisheries monitoring centres;
(j)           other relevant European
and international organisations;
(k)          other sources.
3.           The events layer of the
national situational picture shall consist of the following sub-layers:
(a)          a sub-layer on irregular
migration, which shall contain information on incidents concerning illegal border
crossings of migrants occurring at or nearby the external borders of the Member
State concerned, on facilitations of irregular border crossings and on any
other relevant irregular migration incident, such as a search and rescue
mission for persons attempting to cross the border illegally. 
(b)          a sub-layer on
cross-border crime, which shall contain information on incidents concerning trafficking
in human beings, smuggling of drugs and other illicit goods, and on any other serious
and organised or organised crime incident at or nearby the external borders of
the Member State concerned; 
(c)          a sub-layer on crisis situations,
which shall contain information with regard to natural and man-made disasters,
accidents and any other crisis situation occurring at or nearby the external
borders of the Member State concerned, which may have a significant impact on
the control of the external borders;
(d)          a sub-layer on other
events, which shall contain information on unidentified and suspect platforms and
persons present at or nearby the external borders of the Member State
concerned, as well as any other event which may have a significant impact on
the control of the external borders;
4.           Each incident in the
events layer of the national situational picture shall be assigned with a
single indicative impact level, ranging from 'low' and 'medium' to 'high' impact.
All events assigned with a 'medium' to 'high' impact level shall be shared with
the Agency.
5.           The operational layer of
the national situational picture shall consist of the following sub-layers:
(a)          a sub-layer on own assets,
which shall contain information on position, time, course, speed, status and
type of own assets, and of the deployment plan, including the geographic
coordinates of the area of operation, patrol schedules and communication codes;
where own assets are deployed on a multi-task mission which includes military
tasks, the national coordination centre can decide not to share such
information with other national coordination centres and the Agency except when
the own assets are deployed in the neighbouring border section of another
Member State;
(b)          a sub-layer on areas of
operation, which shall contain information on the mission, location, status,
duration and the authorities involved in operations;
(c)          a sub-layer on
environmental information, which shall contain or give access to information on
terrain and weather conditions at the external borders of the Member State
concerned.
6.           The analysis layer of the
national situational picture shall consist of the following sub-layers:
(a)          an information sub-layer,
which shall contain key developments and indicators relevant for the analysis
of irregular migration and cross-border crime.
(b)          an analytical sub-layer,
which shall present analytical reports, risk rating trends, regional monitors
and briefing notes relevant for the concerned Member State;
(c)          an intelligence picture
sub-layer, which shall contain migrant profiles, routes, information on the
impact levels attributed to the external land and sea border sections and
facilitation analysis.
(d)          an imagery and geo-data
sub-layer, which shall contain reference imagery, background maps, intelligence
validation assessments, change analysis (earth observation imagery) as well as
change detection, geo-referenced data and border permeability maps.
7.           The information contained
in the analysis layer and on environmental information in the operational layer
of the national situational picture may be based on the information provided in
the European situational picture and in the common pre-frontier intelligence picture.
8.           The information on own
assets in the operational layer shall be classified as EU Restricted.
9.           The national coordination
centres of neighbouring Member States shall share with each other directly and in
near real time the situational picture of neighbouring external border sections
relating to:
(a)          all incidents concerning
irregular migration and cross-border crime and other significant events
contained in the events layer;
(b)          the positions of own patrols
contained in the operational layer, when the primary mission of the patrol is
to prevent irregular migration and cross-border crime;
(c)          the planning schemes, schedules
and communication codes for the following day of patrols operating in the neighbouring
external border sections;
(d)          tactical risk analysis
reports as contained in the analysis layer.
Article 10
European
Situational Picture
1.           The Agency shall establish
and maintain a European situational picture in order to provide the national
coordination centres with information and analysis which is relevant for the
prevention of irregular migration and cross-border crime at the external
borders of the Member States. 
2.           The European Situational
Picture shall be composed of information collected from the following sources:
(a)          national situational
pictures, including basic information received under Article 9(8);
(b)          the Agency;
(c)          other relevant European
and international organisations;
(d)          other sources.
3.           The events layer of the
European situational picture shall include information relating to:
(a)          incidents regarding
irregular migration and cross-border crime as well as crisis situations and on
other events contained in the events layer of the national situational picture,
which has been assigned with a medium or high impact level by the national
coordination centre;
(b)          incidents regarding irregular
migration and cross-border crime as well as crisis situations and other events
contained in Common Pre-Frontier Intelligence Picture, once it is having a moderate
or significant impact on the external borders of the Member States;
(c)          incidents regarding
irregular migration and cross-border crime in the operational area of a joint
operation coordinated by the Agency.
4.           In the European
situational picture the Agency shall use the impact level that was assigned to
a specific incident in the national situational picture by the national
coordination centre.
5.           The operational layer
of the European situational picture shall consist of the following sub-layers:
(a)          a sub-layer on own assets,
which shall contain information on the position, time, course, speed status and
type of assets participating in the Agency joint operations or at the disposal
of the Agency, and the deployment plan, including the area of operation, patrol
schedules and communication codes; 
(b)          a sub-layer on operations,
which shall contain information on the joint operations coordinated by the
Agency, including the mission statement, location, status, duration, information
on the Member States and other actors involved, daily and weekly situational
reports, statistical data and information packages for the media;
(c)          a sub-layer on
environmental information, which shall include information on terrain and
weather conditions at the external borders of the Member States.
6.           The analysis layer of the
European situational picture shall consist of the following sub-layers:
(a)          an information sub-layer,
which shall contain key developments and indicators relevant for the analysis
of irregular migration and cross-border crime;
(b)          an analytical sub-layer,
which shall present overall and subcategory risk ratings maps; risk rating
trends; regional monitors; briefing notes as well as correlation indicators for
the risk ratings and Frontex Risk Analysis Network indicators;
(c)          an intelligence picture
sub-layer, which shall contain migrant profiles, routes, information on the
impact levels attributed to the external land and sea border sections and
facilitation analysis;
(d)          an imagery and geo-data
sub-layer, which shall contain reference imagery, background maps, intelligence
validation assessments, change analysis (earth observation imagery) as well as
change detection, geo-referenced data and border permeability maps.
6.           The information on own
assets in the operational layer of the European situational picture shall be
classified as EU Restricted. 
Article 11
Common
Pre-Frontier Intelligence Picture
1.           The Agency shall establish
and maintain a common pre-frontier intelligence picture in order to provide the
national coordination centres with information and analysis on the pre-frontier
area which is relevant for the prevention of irregular migration and serious or
organised crime at the external borders of the Member States and in
neighbouring third countries.
2.           The common pre-frontier
intelligence picture shall be composed of information collected from the
following sources:
(a)          national coordination
centres;
(b)          information and reports
provided by immigration liaison officers;
(c)          the Agency;
(d)          other relevant European
and international organisations;
(e)          third countries;
(f)           other sources.
3.           The common pre-frontier intelligence
picture may contain information which is relevant for air border surveillance
operations and checks at border crossing points.
4.           The events layer of the
common pre-frontier intelligence picture shall include information on: any
incident, crisis situation and on any other event in the pre-frontier area,
which could have a moderate or significant impact on irregular migration and
cross-border crime at the external borders of the Member States. 
5.           The Agency shall assign a
single indicative impact level to each incident in the events layer of the
common pre-frontier intelligence picture. The Agency shall inform the national
coordination centres on any incident in the pre-frontier area, which has been
assigned with a medium or high impact level.
6.           The operational layer of
the common pre-frontier intelligence picture shall be structured in the same
manner as in the European situational picture, containing information on assets
operating and operations being carried out in the pre-frontier area as well as
environmental information. 
7.           The analysis layer of the
common pre-frontier intelligence picture shall be structured like the one of
the European situational picture, containing strategic information, analytical
products and services, intelligence as well as imagery and geo-data on the
pre-frontier area.
Article 12
Common
application of surveillance tools
1.           The Agency shall facilitate
the common application of surveillance tools, such as satellites and ship
reporting systems, by Member States in order to supply the national coordination
centres and itself with surveillance information on the external borders and on
the pre-frontier area on a regular, reliable and cost-efficient basis.
2.           The Agency may provide a
national coordination centre upon request with information on the external
borders of the requesting Member State and on the pre-frontier area which is
derived from:
(a)          selective monitoring of designated
third country ports and coasts which have been identified through risk analysis
and intelligence as embarkation or transit points for vessels used for
irregular migration and cross-border crime; 
(b)          tracking of a vessel over
high seas which is suspected of or has been identified as being used for
irregular migration and cross-border crime;
(c)          monitoring of designated
areas in the maritime domain in order to detect, identify and track vessels suspected
of or used for irregular migration and cross-border crime;
(d)          environmental assessment
of designated areas in the maritime domain and at the external land border in
order to optimise monitoring and patrolling activities;
(e)          selective monitoring of
designated pre-frontier areas at the external land border, which have been
identified through risk analysis and intelligence as potential departure or
transit areas for irregular migration and cross-border crime. 
3.           The Agency may provide the
information referred to in paragraph 1 by combining and analysing data
collected from the following systems, sensors and platforms:
(a)          ship reporting systems
within their given legal limitations, such as the Automated Identification
System (AIS) and the Vessel Monitoring System (VMS);
(b)          satellite imagery;
(c)          sensors mounted on any
platforms, including manned and unmanned aerial vehicles.
4.           The Agency may refuse a
request from a national coordination centre on the basis of technical and
financial limitations as well as for other justified reasons.
5.           The Agency may use on its
own initiative the surveillance tools referred to in paragraph 2 for collecting
information which is relevant for the common pre-frontier intelligence picture.
CHAPTER III
Reaction Capability
Article 13
Determination
of external border sections
Each Member State shall divide its external
land and sea borders into border sections, with a local or regional
coordination centre ensuring the effective and efficient management of
personnel and resources.
Article 14
Attribution
of impact levels to external border sections
1.           Based on the Agency's risk
analysis and after consultation of the Member States concerned, the Agency shall
attribute the following impact levels to each of the external land and sea border
sections of Member States:
(a)          low impact level in case the
incidents related to irregular migration and cross-border crime occurring at
the border section in question have an insignificant impact on border security;
(b)          medium impact level in
case the incidents related to irregular migration and cross-border crime occurring
at the border section in question have a moderate impact on border security;
(c)          high impact level in case the
incidents related to irregular migration and cross-border crime occurring at
the border section in question have a significant impact on border security.
2.           The national coordination
centre shall regularly assess whether there is a need to adjust the impact
level of any of the border sections. The national coordination centre may invite
the Agency to change the impact level by providing substantiated information on
the altered conditions at the external border section concerned. 
3.           The Agency shall visualise
of the impact levels attributed to the external borders in the European situational
picture.
Article 15
Reaction
corresponding to impact levels
1.           The Member States shall
ensure that the surveillance and patrolling activities carried out at the
external border sections correspond to the attributed impact levels in the
following manner:
(a)          where a low impact level
is attributed to an external border section, the local or regional coordination
centre shall organize regular surveillance on the basis of risk analysis and
ensure that sufficient patrols are being kept in the border area in readiness
for tracking, identification and interception; 
(b)          where a medium impact
level is attributed to an external border section, the national coordination
centre shall support the local or regional coordination centre by the temporary
allocation of additional personnel and resources; 
(c)          where a high impact level
is attributed to an external border section, the national coordination centre
shall ensure that the local or regional coordination centre is given all necessary
support at national level, including information, resources and personnel; the
national coordination centre may also request the Agency for support in
accordance with the provisions of Regulation (EC) No 2007/2004.
2.           The national coordination
centre shall inform the Agency about the measures taken at national level pursuant
to points (b) and (c) of paragraph 1 without any delay.
3.           Where a medium or high
impact level is attributed to an external border section which is adjacent to
the border section of another Member State or a third country, the national
coordination centre shall coordinate the measures taken with the national
coordination centre of the neighbouring country. 
4.           Where a national
coordination centre submits a request according to point (c) of paragraph 1, the
Agency may support that centre in particular by
(a)          giving priority treatment
for the common application of surveillance tools;
(b)          coordinating the
deployment of European Border Guard Teams in accordance with Regulation (EC) No
2007/2004;
(c)          ensuring the deployment of
technical equipment at the disposal of the Agency in accordance with Regulation
(EC) No 2007/2004;
(d)          coordinating any
additional support offered by Member States.
5.           The Agency shall evaluate the
attribution of impact levels and the corresponding measures taken at national
and Union level in its risk analysis reports.
TITLE IV
SPECIFIC
PROVISIONS
Article 16
Allocation
of tasks to other centres in the Member States
1.           Member States may entrust
regional, local, functional or other centres, which are in the position to take
operational decisions, with ensuring the situational awareness and reaction
capability in the respective area of competence, including the tasks and
competences referred to in points (b), (d) and (e) of Article 5(3).
2.           The decision of the Member
State referred to in paragraph 1 shall not affect the national coordination
centre in its ability to cooperate and exchange information with other national
coordination centres and the Agency.
3.           In pre-defined cases the
national coordination centre may authorise a centre referred to in paragraph 1 to
communicate and exchange information with the regional coordination centre or
the national coordination centre of another Member State or third country on
condition that it regularly informs its own national
coordination centre about the communication and information exchange.
Article 17
Cooperation
of the Agency with third parties
1.           The Agency shall make use
of existing information, capabilities and systems available in other EU
agencies and entities, within the respective legal frameworks. 
2.           In accordance with
paragraph 1, the Agency shall cooperate in particular with the following
entities:
(a)          European Police Office
(Europol), the Maritime Analysis and Operations Centre
– Narcotics (MAOC-N) and the Centre de Coordination pour la lutte antidrogue en
Méditerranée (CeCLAD-M) in order to exchange information on cross-border crime
to be included in the European Situational Picture;
(b)          the EU Satellite Centre, the
European Maritime Safety Agency and the European Fisheries Control Agency when
providing the common application of surveillance tools;
(c)          the European Commission
and EU agencies which can provide the Agency with information relevant for
maintaining the European Situational Picture and the Common Pre-Frontier Intelligence
Picture;
(d)          international
organisations which can provide the Agency with information relevant for
maintaining the European Situational Picture and the Common Pre-Frontier
Intelligence Picture.
3.           Information between the
Agency and the entities referred to in paragraph 2 shall be exchanged via the network referred to in
Article 7 or other communication networks which fulfil the criteria of
availability, confidentiality and integrity.
4.           The cooperation between the
Agency and the entities referred to in paragraph 2 shall be regulated in
working arrangements in accordance with Regulation (EC) No 2007/2004 and the respective legal basis of
each entity. As regards the handling of classified information, these
arrangements shall provide that the EU agencies and other entities concerned
comply with equivalent security rules and standards as those applied by the
Agency.
5.           The agencies and centres referred
to in paragraph 2 may use information received in the context of EUROSUR within
the limits of their legal framework and in compliance with fundamental rights.
Article 18
Cooperation
with neighbouring third countries
1.           The exchange of
information and cooperation with neighbouring third countries on preventing
irregular migration and cross-border crime may take place on the basis of bilateral
or multilateral agreements between one or several Member States and one or
several neighbouring third countries concerned. The national coordination
centres of the Member States shall be the contact point for the exchange of
information between the network referred to in Article 7 and the regional
networks with neighbouring third countries.
2.           Any exchange of
information under paragraph 1 of this Article and under point (h) of Article 9(2),
which a third country that could use this information to identify persons or
groups of persons who are under a serious risk of being subjected to torture,
inhuman and degrading treatment or punishment or any other violation of
fundamental rights, shall be prohibited.
3.           Any exchange of
information under paragraph 1 of this Article and under point (h) of Article 9(2)
shall be done in compliance with the conditions of the bilateral and
multilateral agreements concluded with neighbouring third countries.
4.           Prior approval of any
other Member State, which provided information in the context of EUROSUR and
which is not part of any of the agreements referred to in paragraph 1 and of
the networks referred to in point (h) of Article 9(2), shall be required before
that information can be shared with any third country under that agreement or
network.
5.           Any exchange of
information with third countries of information derived from service for the
common application of surveillance tools is subject to the legislation and
rules governing those tools and systems as well as to the relevant provisions
of Directive 95/46/EC and Regulation (EC) No 45/2001.
Article 19
Handbook
The European Commission shall, in close
cooperation with the Member States and the Agency, make available a Practical
Handbook for the implementation and management of EUROSUR (hereinafter 'Handbook'),
providing technical and operational guidelines, recommendations and best
practices. The European Commission shall adopt the Handbook in the form of a
recommendation.
Article 20
Monitoring
and evaluation
1.           The Agency shall ensure
that procedures are in place to monitor the technical and operational functioning
of EUROSUR against the objectives of achieving an adequate situational
awareness and reaction capability at the external borders. 
2.           The Agency shall submit a
report on the functioning of EUROSUR on 1 October 2015 and every two
years thereafter.
3.           The Commission shall provide
an overall evaluation of EUROSUR to the European Parliament and the Council on
1 October 2016 and every four years thereafter. This evaluation shall include an
examination of results achieved against objectives and an assessment of the
continuing validity of the underlying rationale, the application of this
Regulation in the Member States and by the Agency, and the compliance with fundamental
rights. That evaluation shall be accompanied, where necessary, by appropriate
proposals to amend this Regulation. 
4.           Member States shall
provide the Agency with the information necessary to draft the report referred
to in paragraph 2. The Agency shall provide the Commission with the information
necessary to produce the evaluation referred to in paragraph 3.
Article 21
Entry into force and applicability
1.           This Regulation shall
enter into force on the twentieth day following that of its publication in the Official
Journal of the European Union.
2.           This Regulation shall
apply from 1 October 2013.
3.           Article 5(1) shall apply
to the Member States located at the southern sea and eastern land external
borders of the Union (Bulgaria, Cyprus, Estonia, Finland, France, Greece,
Hungary, Italy, Latvia, Lithuania, Malta, Poland, Portugal, Romania, Slovak
Republic, Slovenia and Spain) from 1 October 2013.
4.           Article 5(1) shall apply
to the remaining Member States with land and sea external borders (Belgium, Germany,
Netherlands and Sweden) as from 1 October 2014.
This Regulation shall be binding
in its entirety and directly applicable in the Member States in accordance with
the Treaties.
Done at Brussels,
For the European Parliament                       For
the Council
The President                                                 The
President
Annex
The following principles shall be taken
into account when setting, operating and maintaining the different components
of the EUROSUR framework: 
(a)          Principle of communities
of interest: The national coordination centres and the Agency shall form
particular communities of interest for sharing information and cooperation in
the framework of EUROSUR. Communities of interest shall be used to organise
different national coordination centres and the Agency to exchange information
in pursuit of shared objectives, requirements and interests.
(b)          Principles of coherent
management and of using existing structures: The Agency shall ensure the
coherence between the different components of the EUROSUR framework, including
providing guidance and support to the national coordination centres and
promoting the interoperability of information and technology. To the extent
possible, the EUROSUR framework shall make use of existing systems and
capabilities. In this context, EUROSUR shall be established in full
compatibility with the initiative for a Common Information Sharing Environment
for the surveillance of the EU maritime domain (CISE), thereby contributing to
and benefit from a coordinated and cost-efficient approach for cross-sectoral
information exchange in the Union.
(c)          Principles of
information sharing and of information assurance: Information made
available in the EUROSUR framework shall be available to all national
coordination centres and the Agency, unless specific restrictions have been
laid down or agreed upon. The national coordination centres shall guarantee the
availability, confidentiality and integrity of the information to be exchanged
at national and European level. The Agency shall guarantee the availability,
confidentiality and integrity of the information to be exchanged at European
level. 
(d)          Principles of
service-orientation and of standardisation: The different EUROSUR
capabilities shall be implemented using a service-oriented approach. The Agency
shall ensure that, to the extent possible, the EUROSUR framework is based on
internationally agreed standards.
(e)          Principle of
flexibility: Organisation, information and technology shall be designed to
enable the EUROSUR stakeholders to react to changing situations in a flexible
and structured manner.
LEGISLATIVE FINANCIAL
STATEMENT 
1.           FRAMEWORK OF THE PROPOSAL/INITIATIVE 
              1.1.    Title of the proposal/initiative 
              1.2.    Policy
area(s) concerned in the ABM/ABB structure
              1.3.    Nature
of the proposal/initiative 
              1.4.    Objective(s)

              1.5.    Grounds
for the proposal/initiative 
              1.6.    Duration
and financial impact 
              1.7.    Management
method(s) envisaged 
2.           MANAGEMENT MEASURES 
              2.1.    Monitoring
and reporting rules 
              2.2.    Management
and control system 
              2.3.    Measures
to prevent fraud and irregularities 
3.           ESTIMATED FINANCIAL IMPACT OF THE
PROPOSAL/INITIATIVE 
              3.1.    Heading(s)
of the multiannual financial framework and expenditure budget line(s) affected 
              3.2.    Estimated
impact on expenditure 
              3.2.1. Summary of estimated impact on expenditure 
              3.2.2. Estimated
impact on operational appropriations 
              3.2.3. Estimated
impact on appropriations of an administrative nature
              3.2.4. Compatibility
with the current multiannual financial framework
              3.2.5. Third-party
participation in financing 
              3.3.    Estimated impact on revenue
LEGISLATIVE FINANCIAL STATEMENT

1.                      
FRAMEWORK OF THE PROPOSAL/INITIATIVE 
1.1.                
Title of the proposal/initiative 

Proposal
for a Regulation establishing the European Border Surveillance System (EUROSUR)

1.2.                
Policy area(s) concerned in the ABM/ABB
structure[17] 

Currently
Heading 3a, Title 18 – Home Affairs
Future
Multiannual Financial Perspectives: Heading 3 (Security and citizenship)
Nature of the proposal/initiative 
þ The
proposal/initiative relates to a new action (home affairs funding for the period 2014-2020)
¨ The
proposal/initiative relates to a new action following a pilot
project/preparatory action[18]

¨ The
proposal/initiative relates to the extension of an existing action 
¨ The
proposal/initiative relates to an action redirected towards a new action 

1.3.                
Objectives
1.3.1.          
The Commission's multiannual strategic
objective(s) targeted by the proposal/initiative 

In its
conclusions of 23-24 June 2011 the European Council stated that the "the European
Border Surveillance System (EUROSUR) will be further developed as a matter of
priority in order to become operational by 2013 and allow Member States'
authorities carrying out border surveillance activities to share operational
information and improve cooperation".
As stated
in the Commission Work Programme (CWP) for 2011[19] "the aim of EUROSUR is to
reinforce the control of the Schengen external border, especially the southern
maritime and eastern land borders. EUROSUR will establish a mechanism for
Member States' authorities carrying out border surveillance activities (border
guards, coast guards, police, customs, and navies) to share operational
information and to cooperate with each other and with Frontex in order to
reduce the loss of lives at sea and the number of irregular migrants entering
the EU undetected, and to increase internal security by preventing cross-border
crime such as terrorism, trafficking in human beings, smuggling of weapons and
drugs, etc."
Since 2008,
the EU Member States, the EU border agency Frontex and the European Commission
have been closely cooperating in order to define and develop the EUROSUR
framework. The components of EUROSUR are being tested and gradually established
on a pilot basis since 2011, using funding provided under the Frontex budget.
In parallel, since 2008 Member States have been using the External Borders Fund
to set up the national components of EUROSUR, such as the national coordination
centres and national border surveillance systems. 
Therefore
the following ABB activities are currently concerned: 
18.02 –
Solidarity, external borders, return, visa policy and free movement of persons
– Objective 1: Enable persons to cross internal borders without border checks,
promote secure borders and prevent irregular migration by developing further an
integrated external border management system and high standards of border
checks, including the set up of SIS II and the financial support from the
External Borders Fund.
The parallel
development and implementation of EUROSUR shortens considerably the time needed
for its establishment and also allows to test and adapt the different
components of EUROSUR before making it operational at the end of 2013.
The works
carried out for the development, testing and gradual establishment of EUROSUR
are based on a roadmap presented in a Commission Communication in 2008.[20] This roadmap has been endorsed
by the Justice and Home Affairs Council in its conclusions of June 2008 and
February 2010 and by the Stockholm Programme and the Action Plan implementing
the Stockholm Programme.

1.3.2.          
Specific objective(s) and ABM/ABB activity(ies)
concerned 

EUROSUR has
two specific objectives, namely to significantly increase the situational
awareness and reaction capability of the Member States' border
control authorities and Frontex, so that in a best case scenario any new route
or method for irregular migration and cross-border crime is identified and
disrupted shortly after it has been established.

1.3.3.          
Expected result(s) and impact

Specify the effects
which the proposal/initiative should have on the beneficiaries/groups targeted.
1.         Situational
awareness measures how the authorities are capable of detecting
cross-border movements and finding reasoned grounds for control measures. This
can be accomplished by achieving the following operational objectives at
national and European level:
a.         Improved interagency cooperation by
streamlining structures and interlinking systems in the law enforcement domain;
b.         The use of data fusion combined with
modern technological capabilities for detecting and tracking cross-border
movements, in particular (small) vessels;
c.         Cross-sectoral information exchange
with other actors in the maritime domain, such as transport, customs, fisheries
control and defence;
d.         Improved information exchange with neighbouring third
countries.
2.         The
reaction capability measures the lapse of time required to reach any
cross-border movement to be controlled and also the time and the means to react
adequately to unusual circumstances. The following operational objectives
should therefore be attained at national and European level:
a.         Exchange of data, information and
intelligence in close-to-real time and - whenever needed - in a secure manner,
thereby moving from a patrolling driven to a more intelligence driven approach
based on risk analysis;
b.         Effective management of personnel and resources,
including sensors and patrols;
c.         Effect measurement, evaluating the effect of border
surveillance activities, thereby providing a new baseline for risk assessment
and re-arrangement of priorities.
Table interlinking problems, objectives
and actions
 Specific objectives || Actions envisaged 
 1a - Streamlining structures and interlinking systems at national level. 2a - Effective management of personnel & resources. 2c – Effect measurement. || Establishment of a national coordination centre (NCC) and of the Frontex Situation Centre (FSC). 
 2a - Exchange of data, information and intelligence in close-to-real time. || Setting up of the EUROSUR network, interlinking NCCs and Frontex. Setting up of the Common Pre-Frontier Intelligence Picture. 
 1d - Improved information exchange with neighbouring third countries.   || Interlinking EUROSUR with regional networks set up between Member States and neighbouring third countries. 
 1b - Use of data fusion combined with technological capabilities for detecting and tracking cross-border movements. 1c - Cross-sectoral information exchange with other actors in the maritime domain || Setting up of a service for the common application of surveillance tools at EU level. 

1.3.4.          
Indicators of results and impact

Specify the
indicators for monitoring implementation of the proposal/initiative.
Frontex shall ensure that methods are
in place to monitor the functioning of EUROSUR against the main policy
objectives, taking into account the following indicators:[21]
Impact indicators[22]
Reduced number of irregular migrants
entering the Schengen undetected;
Reduced death toll of migrants at
sea;
Reduced cross-border crime, in
particular of drugs smuggled across the external borders.
Result and output indicators[23]
Increased situational awareness at
the external borders and in the pre-frontier area;
Improved interagency cooperation at
national level;
Improved cooperation between Member
States as well as with Frontex;
Increased cooperation with
neighbouring third countries.
Increased technical and operational
capability to detect and track small boats;
Increased exchange of unclassified
and classified information in close-to-real time;
Increased capability to react to
alerts, incidents and other events at the external borders.

1.4.                
Grounds for the proposal/initiative 
1.4.1.          
Requirement(s) to be met in the short or long term

The EU will
continue to face a number of general and specific problems in the field of
border surveillance in the period 2012-2020, which are addressed by EUROSUR.[24]
The EU
faces considerable pressure from irregular migration at its external borders,
which is expected to continue over the coming years. The use of small
unseaworthy boats has increased dramatically the number of migrants drowning in
the Mediterranean Sea, which poses a major challenge to law enforcement
authorities because it is extremely difficult to detect and track such small
boats on the high seas. Criminal networks involved in the smuggling of migrants
are often using the same routes and methods for cross-border crime activities,
such as trafficking in human beings and drugs. An improved interagency
cooperation between border control and police authorities should contribute
significantly to fighting such serious crimes at the external borders.
Criminal networks are often faster and more flexible in changing
their routes and methods for irregular migration and cross-border crime than
Member States' authorities in reacting to changed situations. One reason for
this delayed reaction is that in some Member States, up
to six different authorities are directly involved in the surveillance of maritime
borders, without clear rules and workflows for cooperation and information
exchange among them. However, there is not only a lack of coordination
inside some Member States, but also in between Member States, due to the
absence of proper procedures, networks or communication channels to exchange
information. The migration pressure presents considerable challenges also for
the third countries located on the southern shores of the Mediterranean Sea. It
is therefore necessary to cooperate more closely with the countries of origin
and the countries of embarkation of irregular migrants.

1.4.2.          
Added value of EU involvement

In line
with the principle of subsidiarity,[25]
EUROSUR follows a decentralised approach, with the national coordination
centres for border surveillance forming the backbone of the EUROSUR
cooperation. By interlinking existing national and European systems and
developing new capabilities, EUROSUR enables Member States' border control
authorities and Frontex to communicate and exchange information in order to
have better situational awareness at the external borders, thus bringing true
added value to border surveillance. 
Better
information sharing will help to identify targets such as boats used for
irregular migration and cross-border crime more accurately and therefore allow
a more targeted timely and cost-efficient use of available equipment for
interception. This is an objective which cannot be sufficiently achieved by the
Member States alone and which can be better achieved at Union level. 

1.4.3.          
Lessons learned from similar experiences in the
past

The EUROSUR
initiative builds on experiences collected in the past, such as under the
European Patrols Network (EPN) coordinated by Frontex. Furthermore, the
intention is to make best use of existing national border control
infrastructures in combination with operational international and European systems
as well as recent technological developments (e.g. use of satellites). In
particular with regard the use of modern technology, EUROSUR is taking
advantage of a number of research projects carried out under the 7th
Framework Programme for Research and Development (FP7).[26]

1.4.4.          
Coherence and possible synergy with other
relevant instruments

By making
best-use of existing systems, capabilities and funding programmes available at
Union level, EUROSUR aims at ensuring the best possible coherence and synergies
with other relevant instruments. 

1.5.                
Duration and financial impact 

þ Proposal/initiative of limited
duration 
–     
¨  Proposal/initiative in effect from [DD/MM]YYYY to [DD/MM]YYYY 
–     
þ  Financial impact from 2014 to 2020
¨ Proposal/initiative of unlimited
duration
–     
Implementation with a start-up period from YYYY
to YYYY,
–     
followed by full-scale operation.

1.6.                
Management mode(s) envisaged[27] 

þ Centralised direct management by the Commission 
þ Centralised indirect management with the delegation of implementation tasks to:
–     
¨  executive agencies 
–     
þ  bodies set up by the Communities[28]

–     
¨  national public-sector bodies/bodies with public-service mission 
–     
¨  persons entrusted with the implementation of specific actions
pursuant to Title V of the Treaty on European Union and identified in the
relevant basic act within the meaning of Article 49 of the Financial Regulation

þ Shared management with the Member States 
¨ Decentralised management with third countries 
¨ Joint management with international organisations (to be specified)
If more than one
management mode is indicated, please provide details in the
"Comments" section.
The
different components of EUROSUR will be mainly implemented by Frontex and by
Member States (shared management) on the basis of the 2008 EUROSUR roadmap
(COM(2008)68final).With regard to setting up the national coordination centres,
Member States will be supported by the External Borders Fund in 2012-2013 and
the instrument for financial support for external borders and visa as part of
the planned Internal Security Fund in 2014-2020. On the other hand, Frontex
will use its own budget to set up the EUROSUR network and other horizontal
components of EUROSUR, such as the Common Pre-frontier Intelligence Picture and
when necessary, this is completed by support under the Internal Security Fund
(direct or indirect centralised financial management).
Funding
provided under the 7th Framework Programme for Research and
Development will support the setting up of the envisaged service for the common
application of surveillance tools in 2012-2013.
Measures in
neighbouring third countries will be supported in 2012-2013 by the Thematic
Programme for Asylum and Migration , as part of the Development Cooperation
Instrument.

2.                      
MANAGEMENT MEASURES 
2.1.                
Monitoring and reporting rules 

Specify frequency and conditions.
Two years after EUROSUR is fully
operational and every year thereafter, Frontex shall submit to the Comission a
report on the technical and operational functioning of EUROSUR, taking into
account the above mentioned indicators.[29]
Moreover three years after the EUROSUR system would have started all its
operations and every four years thereafter, the Commission shall produce an
overall evaluation of EUROSUR, including examining results against objectives
and assessing the continuing validity of the underlying rationale. The fist
evaluation is expected to take place in 2016 under the condition of EUROSUR
becoming operational as of 2013. The Commission should submit the reports on
the evaluation to the European Parliament and the Council, accompanied, where
necessary, by appropriate proposals to amend the Regulation establishing
EUROSUR.

2.2.                
Management and control system 
2.2.1.          
Risk(s) identified 

–     
The cost estimates provided in the accompanying
impact assessment have been developed on the basis of data provided by Member
States, EU agencies and the private sector and verified by the external
contractor for the technical study assessing the financial impact of EUROSUR
(GHK). They constitute a best estimate of costs of implementing the policy
options under consideration on the basis of their description in the 2008 EUROSUR
roadmap and subsequent technical documents. Adjustments to the scope,
organisational and governance structures, technical requirements, nature of the
provision of services and phasing of implementation of the EUROSUR roadmap
would be expected to lead to changes in the costs of providing those services.
–     
Due to the fact that the different components
and steps identified in the 2008 EUROSUR roadmap (COM(2008)68final) are being
developed, tested and implemented in parallel. The reason for this approach is
that the usual life cycle for developing a system, in which one step builds on
the results of the previous one and in which the implementation of the system
follows its development, would be too time consuming. Attention has to be paid
when merging the results of the different steps into one common framework. This
coherence can be achieved best by legislation, clearly defining the different
content of the components as well as the roles and responsibilities of the
different actors.

2.2.2.          
Control method(s) envisaged 

The management and control systems established
under the different financial programmes (e.g. Internal Security Fund) used
will be applied. Furthermore, it is envisaged to use internal (e.g. Joint
Research Centre) as well as external expertise (e.g. external contractors) to
ensure a proper and smooth implementation of the different components of
EUROSUR.

2.3.                
Measures to prevent fraud and irregularities 

Specify existing or
envisaged prevention and protection measures.
Anti-fraud measures established at national and
European level fully apply.

3.                      
ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE
3.1.                
Heading(s) of the multiannual financial
framework and expenditure budget line(s) affected 

·      Existing expenditure budget lines[30]
In order of multiannual financial framework
headings and budget lines.
 Heading of multiannual financial framework   || Budget line || Type of expenditure || Contribution 
 Number || Diff. ([31]) || from EFTA[32] countries || from candidate countries[33] || from third countries || within the meaning of Article 18(1)(aa) of the Financial Regulation 
 3a || 18 02 03 02 - Frontex || Diff || NO || NO || NO || NO 
 3a || 18 02 06 – External Borders Fund || Diff || NO || NO || YES || NO 
·      New budget lines requested 
In order of multiannual financial framework
headings and budget lines.
 Heading of multiannual financial framework || Budget line || Type of expenditure || Contribution 
 Number || Diff./non-diff. || from EFTA countries || from candidate countries || from third countries || within the meaning of Article 18(1)(aa) of the Financial Regulation 
 3 || 18 02 cc - Internal Security Fund – Borders & Visas || Diff || NO || NO || YES || NO 
 3 || 18 02 05 02 - Frontex || Diff || NO || NO || NO || NO 

3.2.                
Estimated impact on expenditure for 2014-2020[34]
3.2.1.          
Summary of estimated impact on expenditure 

EUR million (to 3 decimal places)
 Heading of multiannual financial framework: || Number 3 || Security and Citizenship 
 DG: HOME ||   ||   || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Year 2019 || Year 2020 || Sub-sequent years || TOTAL 
  Operational appropriations ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Internal Security Fund[35] || Commitments || (1) || 14,107 || 16,111 || 16,111 || 16,411 || 16,411 || 16,411 || 16,411 ||   || 111,973 
 Payments || (2) || 1,915 || 3,997 || 7,720 || 12,130 || 15,751 || 16,266 || 16,347 || 37,848 || 1111,973 
 18 02 03 02[36] || Commitments || (1a) || 20,601 || 19,997 || 18,290 || 18,290 || 18,290 || 18,290 || 18,290 ||   || 132,048 
 Payments || (2a) || 10,301 || 20,299 || 19,144 || 18,290 || 18,290 || 18,290 || 18,290 || 9,145 || 132,048 
 Appropriations of an administrative nature financed  from the envelope for specific programmes[37] ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Number of budget line ||   || (3) || 0 || 0 || 0 || 0 || 0 || 0 || 0 ||   || 0 
 TOTAL appropriations for DG HOME || Commitments || =1+1a +1b+1c || 34,708 || 36,108 || 34,401 || 34,701 || 34,701 || 34,701 || 34,701 ||   || 244,021 
 Payments ||   || 12,215 || 24,296 || 26,864 || 30,420 || 34,041 || 34,556 || 34,637 || 46,993 || 244,021 
  TOTAL operational appropriations || Commitments || (4) || 34,708 || 36,108 || 34,401 || 34,701 || 34,701 || 34,701 || 34,701 ||   || 244,021 
 Payments || (5) || 12,215 || 24,296 || 26,864 || 30,420 || 34,041 || 34,556 || 34,637 || 46,993 || 244,021 
  TOTAL appropriations of an administrative nature financed from the envelope for specific programmes || (6) || 0 || 0 || 0 || 0 || 0 || 0 || 0 ||   || 0 
 TOTAL appropriations under HEADING 3 of the multiannual financial framework (Reference amount) || Commitments || =4+ 6 || 34,708 || 36,108 || 34,401 || 34,701 || 34,701 || 34,701 || 34,701 ||   || 244,021 
 Payments || =5+ 6 || 12,215 || 24,296 || 26,864 || 30,420 || 34,041 || 34,556 || 34,637 || 46,993 || 244,021 
 Heading of multiannual financial framework: || 5 || " Administrative expenditure " 
EUR million (to 3 decimal places)
   ||   ||   || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Year 2019 || Year 2020 || Sub-sequent years || TOTAL 
 DG: HOME || 
  Human resources || 0,254 || 0,254 || 0,254 || 0,254 || 0,254 || 0,254 || 0,254 ||   || 1,778 
  Other administrative expenditure || 0 || 0 || 0 || 0 || 0 || 0 || 0 ||   || 0 
 TOTAL DG HOME || Appropriations || 0,254 || 0,254 || 0,254 || 0,254 || 0,254 || 0,254 || 0,254 ||   || 1,778 
 TOTAL appropriations under HEADING 5 of the multiannual financial framework || (Total commitments = Total payments) || 0,254 || 0,254 || 0,254 || 0,254 || 0,254 || 0,254 || 0,254 ||   || 1,778 
EUR million (to 3 decimal places)
   ||   ||   || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Year 2019 || Year 2020 ||   || TOTAL 
 TOTAL appropriations under HEADINGS 1 to 5 of the multiannual financial framework || Commitments || 34,962 || 36,362 || 34,655 || 34,955 || 34,955 || 34,955 || 34,955 ||   || 245,799 
 Payments || 12,469 || 24,550 || 27,118 || 30,674 || 34,295 || 34,810 || 34,891 || 46,993 || 245,799 

3.2.2.          
Estimated impact on operational appropriations 

–     
¨  The proposal/initiative does not require the use of operational
appropriations 
–     
þ  The proposal/initiative requires the use of operational
appropriations, as explained below:
 Indicate objectives and outputs   ò ||   ||   || 2014 || 2015 || 2016 || 2017 || 2018 || 2019 || 2020 || TOTAL || 
 OUTPUTS || 
 Type of output[38] || Average cost of the output || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Total number of outputs || Total cost || 
 SPECIFIC OBJECTIVES N 1a, 2a & 2c[39] ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   || 
 - Output[40] || Centre || 2,179 || 24 || 7,470 || 24 || 7,470 || 24 || 7,470 || 24 || 7,470 || 24 || 7,470 || 24 || 7,470 || 24 || 7,470 || 24 || 52,29 || 
 - Output[41] || Centre || 75,765 || 1 || 11,316 || 1 || 12,164 || 1 || 10,457 || 1 || 10,457 || 1 || 10,457 || 1 || 10,457 || 1 || 10,457 || 1 || 75,765 || 
 Sub-total for specific objectives N 1a, 2a & 2c || 25 || 18,786 || 25 || 19,634 || 25 || 17,927 || 25 || 17,927 || 25 || 17,927 || 25 || 17,927 || 25 || 17,927 || 25 || 128,055 || 
 SPECIFIC OBJECTIVE No 2a[42] ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   || 
 - Output[43] || Network || 33,071 || 1 || 5,969 || 1 || 4,517 || 1 || 4,517 || 1 || 4,517 || 1 || 4,517 || 1 || 4,517 || 1 || 4,517 || 1 || 33,071 || 
 - Output[44] || Picture || 23,212 || 1 || 3,316 || 1 || 3,316 || 1 || 3,316 || 1 || 3,316 || 1 || 3,316 || 1 || 3,316 || 1 || 3,316 || 1 || 23,212 || 
 Sub-total for specific objective N°2a || 2 || 9,285 || 2 || 7,833 || 2 || 7,833 || 2 || 7,833 || 2 || 7,833 || 2 || 7,833 || 2 || 7,833 || 2 || 56,283 || 
 SPECIFIC OBJECTIVE No 1d[45] ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   || 
 || - Output[46] || Networks || 537,75 || 4 || 951 || 4 || 0 || 4 || 0 || 4 || 300 || 4 || 300 || 4 || 300 || 4 || 300 || 4 || 2,151 
 || Sub-total for specific objective N°1d || 4 || 0,951 || 4 || 0 || 4 || 0 || 4 || 0,300 || 4 || 0,300 || 4 || 0,300 || 4 || 0,300 || 4 || 2,151 
 SPECIFIC OBJECTIVES No 1b & 1c[47] ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 - Output[48] || Service ||   || 1 || 5,686 || 1 || 8,641 || 1 || 8,641 || 1 || 8,641 || 1 || 8,641 || 1 || 8,641 || 1 || 8,641 || 1 || 57,532 
 Sub-total for specific objectives N° 1b & 1c || 1 || 5,686 || 1 || 8,641 || 1 || 8,641 || 1 || 8,641 || 1 || 8,641 || 1 || 8,641 || 1 || 8,641 || 1 || 57,532 
 TOTAL COST || 32 || 37,198 || 32 || 38,688 || 32 || 36,891 || 32 || 37,191 || 32 || 37,191 || 32 || 37,191 || 32 || 37,191 || 32 || 244,021 || 

3.2.3.          
Estimated impact on appropriations of an
administrative nature
3.2.3.1.    
Summary 

–     
¨  The proposal/initiative does not require the use of administrative
appropriations 
–     
þ  The proposal/initiative requires the use of administrative
appropriations, as explained below:
EUR million (to 3
decimal places)
   || Year 2014[49] || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Year 2019 || Year 2020 || TOTAL 
 HEADING 5 of the multiannual financial framework ||   ||   ||   ||   ||   ||   ||   ||   
 Human resources || 0,254 || 0,254 || 0,254 || 0,254 || 0,254 || 0,254 || 0,254 || 1,778 
 Other administrative expenditure || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 Subtotal HEADING 5 of the multiannual financial framework || 0,254 || 0,254 || 0,254 || 0,254 || 0,254 || 0,254 || 0,254 || 1,778 
 Outside HEADING 5[50] of the multiannual financial framework ||   ||   ||   ||   ||   ||   ||   ||   
 Human resources ||   ||   ||   ||   ||   ||   ||   ||   
 Other expenditure of an administrative nature || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 Subtotal outside HEADING 5 of the multiannual financial framework || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 TOTAL || 0,254 || 0,254 || 0,254 || 0,254 || 0,254 || 0,254 || 0,254 || 1,778 

3.2.3.2.    
 Estimated requirements of human resources 

–     
¨  The proposal/initiative does not require the use of human
resources 
–     
þ  The proposal/initiative requires the use of human resources, as
explained below:[51]
Estimate to be expressed in full amounts
(or at most to one decimal place)
   || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Year 2019 || Year 2020 
  Establishment plan posts (officials and temporary agents) 
 18 01 01 01 (Headquarters and Commission’s Representation Offices) || 2 AD || 2 AD || 2 AD || 2 AD || 2 AD || 2 AD || 2 AD 
 XX 01 01 02 (Delegations) ||   ||   ||   ||   ||   ||   ||   
 XX 01 05 01 (Indirect research) ||   ||   ||   ||   ||   ||   ||   
 10 01 05 01 (Direct research) ||   ||   ||   ||   ||   ||   ||   
  External personnel (in Full Time Equivalent unit: FTE)[52] 
 XX 01 02 01 (CA, INT, SNE from the "global envelope") ||   ||   ||   ||   ||   ||   ||   
 XX 01 02 02 (CA, INT, JED, LA and SNE in the delegations) ||   ||   ||   ||   ||   ||   ||   
 XX 01 04 yy [53] || - at Headquarters[54] ||   ||   ||   ||   ||   ||   ||   
 - in delegations ||   ||   ||   ||   ||   ||   ||   
 XX 01 05 02 (CA, INT, SNE - Indirect research) ||   ||   ||   ||   ||   ||   ||   
 10 01 05 02 (CA, INT, SNE - Direct research) ||   ||   ||   ||   ||   ||   ||   
 Other budget lines (specify) ||   ||   ||   ||   ||   ||   ||   
 TOTAL || 2 AD || 2 AD || 2 AD || 2 AD || 2 AD || 2 AD || 2 AD 
XX is the
policy area or budget title concerned.
The human resources required
will be met by staff from the DG who are already assigned to management of the action
and/or have been redeployed within the DG, together if necessary with any
additional allocation which may be granted to the managing DG under the annual
allocation procedure and in the light of budgetary constraints.
Description of
tasks to be carried out:
 Officials and temporary agents || Monitoring of and support for the daily management of EUROSUR. 
 External personnel ||   

3.2.4.          
Compatibility with the current and the next multiannual
financial framework 

–     
þ  Proposal/initiative is compatible the current and the next multiannual
financial framework.
–     
¨  Proposal/initiative will entail reprogramming of the relevant
heading in the multiannual financial framework.
Explain what reprogramming is required,
specifying the budget lines concerned and the corresponding amounts.
–     
¨  Proposal/initiative requires application of the flexibility
instrument or revision of the multiannual financial framework[55].
Explain what is required, specifying the
headings and budget lines concerned and the corresponding amounts.

3.2.5.          
Third-party contributions 

–     
þ  The proposal/initiative does not provide for co-financing by third
parties 
–     
¨  The proposal/initiative provides for the co-financing estimated
below:
Appropriations in EUR million (to 3 decimal places)
   || Year N || Year N+1 || Year N+2 || Year N+3 || … enter as many years as necessary to show the duration of the impact (see point 1.6) || Total 
 Specify the co-financing body ||   ||   ||   ||   ||   ||   ||   ||   
 TOTAL appropriations cofinanced ||   ||   ||   ||   ||   ||   ||   ||   

Estimated impact on revenue 
–     
þ  Proposal/initiative has no financial impact on revenue.
–     
¨  Proposal/initiative has the following financial impact:
¨         on own resources 
¨         on miscellaneous revenue 
EUR million (to 3 decimal places)
 Budget revenue line: || Appropriations available for the ongoing budget year || Impact of the proposal/initiative[56] 
 Year N || Year N+1 || Year N+2 || Year N+3 || … insert as many columns as necessary in order to reflect the duration of the impact (see point 1.6) 
 Article …………. ||   ||   ||   ||   ||   ||   ||   ||   
For miscellaneous
assigned revenue, specify the budget expenditure line(s) affected.
Specify the method for calculating the impact
on revenue.
[1]               OJ L349, 25.11.2004, p. 1.
[2]               COM(2008) 68 final of 13.2.2008 (EUROSUR roadmap). On
progress made in 2008-2010, see SEC(2009)1265final of 24.9.2009 and
SEC(2011)145final of 28.1.2011.
[3]               Compare also Article 77(1)(c) TFEU.
[4]               Cf Article 11c of Regulation (EC) No 2007/2004,
inserted by Regulation (EU) No 1168/2011.
[5]               COM(2010) 385 final, 20.7.2010.
[6]               OJ L 349, 25.11.2004, p. 1.
[7]               OJ L 281, 23.11.1995, p. 31.
[8]               OJ L 8, 12.1.2001, p. 1.
[9]               OJ L 350, 30.12.2008, p. 60.
[10]             OJ L 131, 1.6.2000, p. 43.
[11]             OJ L 64, 7.3.2002, p. 20.
[12]             OJ L 176, 10.7.1999, p. 36.
[13]             OJ L 53, 27.2.2008, p. 52.
[14]             OJ L 160, 18.6.2011, p. 19.
[15]             OJ L 111, 4.5.2010, page 20.
[16]             OJ L 317, 3.12.2001, p.1.
[17]             ABM: Activity-Based Management – ABB: Activity-Based
Budgeting.
[18]             As referred to in Article 49(6)(a) or (b) of the
Financial Regulation.
[19]             COM(2010) 623 final of
27.10.2010, VOL. II, 43, 14. 
[20]             COM(2008) 68 final of 13.2.2008 (‘EUROSUR roadmap’).
[21]             Compare Chapter 8 of the accompanying impact
assessment.
[22]             In comparison to the figures for 2011 as provided in
the Frontex risk analysis reports and relevant reports of EUROPOL. These
indicators will also dependent on factors outside of EUROSUR, such as changes
in the political and economic situation in neighbouring third countries.
[23]             In comparison to the current situation as described in
the impact assessment accompanying the proposal for the EUROSUR Regulation.
[24]             Compare Chapters 3.2 and 3.3 of the accompanying impact
assessment.
[25]             Compare Chapter 3.5 of the accompanying impact
assessment.
[26]             See lists of projects in Annex 1.5 of the 
[27]             Details of management modes and references to the
Financial Regulation may be found on the BudgWeb site: http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html
[28]             As referred to in Article 185 of the Financial
Regulation.
[29]             Compare Chapter 8 of the accompanying impact
assessment.
[30]             These budget lines are being used for the gradual
development and testing of the different EUROSUR components until-2013. Taking
into account that the proposed EUROSUR Regulation should enter into force at
the end of 2013, the financial legal statement is limited to the time period of
2014-2020. An overview of the costs spent on developing EUROSUR in 2008-2010
and on the estimated costs for EUROSUR in 2011-2020 can be found in the
accompanying impact assessment.
[31]             Diff. = Differentiated appropriations / Non-Diff. =
Non-differentiated appropriations
[32]             EFTA: European Free Trade Association. 
[33]             Candidate countries and, where applicable, potential
candidate countries from the Western Balkans.
[34]             An overview of the total estimated costs for 2011-2020
can be found in the accompanying impact assessment.
[35]             This budget line covers the following costs: 1) 75% EU
co-funding of the operational costs for national coordination centres (NCCs) in
the 24 Member States with land and maritime external borders, insofar as these
costs are programmed by the Member States using the Union budget; 2) Costs of
the service for the common application of surveillance tools, which should also
be co-funded from relevant European space programmes, including the operational
Global Monitoring for Environment and Security (GMES), to the extent available
in 2014-2020. 3) Costs for interlinking EUROSUR with regional networks
set up between Member States and neighbouring third countries. 4) Any other
costs needed to implement EUROSUR.
[36]             For operational costs for the Frontex Situation Centre
(FSC). the network interlinking the NCCs and Frontex, and the Common
Pre-Frontier Intelligence Picture. It is envisaged that between MEUR 5-10 per
year of these estimates shall be covered by the Frontex budget and between MEUR
10-15 per year by the Internal Security Fund. The exact
amounts to be financed by Frontex will be defined in the annual budgetary
procedure..
[37]             Technical and/or administrative assistance and
expenditure in support of the implementation of EU programmes and/or actions
(former "BA" lines), indirect research, direct research.
[38]             Outputs are products and services to be supplied (e.g.:
number of student exchanges financed, number of km of roads built, etc.).
[39]             See Section 1.4.2: 1a - Streamlining structures and
interlinking systems at national level; 2a - Effective management of personnel
& resources; 2c – Effect measurement.
[40]             75% EU co-funding of the operational costs for national
coordination centres (NCCs) in the 24 Member States with land and maritime
external borders.
[41]             Operational costs for the Frontex situation centre (FSC).
[42]             2a - Exchange of data, information and intelligence in
close-to-real time.
[43]             Operational costs for the network connecting the
national coordination centres and Frontex.
[44]             Operational costs for the Common Pre-Frontier
Intelligence Picture (CPIP).
[45]             1d - Improved information exchange with neighbouring
third countries.
[46]             Interlinking EUROSUR with regional networks set
up between Member States and neighbouring third countries.
[47]             1b - Use of data fusion combined with technological
capabilities for detecting and tracking cross-border movements; 1c -
Cross-sectoral information exchange with other actors in the maritime domain.
[48]             Operational costs for the service for the common
application of surveillance tools at EU level.
[49]             Year N is the year in which implementation of the
proposal/initiative starts.
[50]             Technical and/or administrative assistance and
expenditure in support of the implementation of EU programmes and/or actions
(former "BA" lines), indirect research, direct research.
[51]             The 2 AD posts referred to in the table below are
included in the proposal for the Regulation establishing the Internal Security
Fund.
[52]             CA= Contract Agent; INT= agency staff ("Intérimaire");
JED= "Jeune Expert en Délégation" (Young Experts in
Delegations); LA= Local Agent; SNE= Seconded National Expert; 
[53]             Under
the ceiling for external personnel from operational
appropriations (former "BA" lines).
[54]             Essentially for Structural Funds, European Agricultural
Fund for Rural Development (EAFRD) and European Fisheries Fund (EFF).
[55]             See points 19 and 24 of the Interinstitutional
Agreement.
[56]             As regards traditional own resources (customs duties,
sugar levies), the amounts indicated must be net amounts, i.e. gross amounts
after deduction of 25% for collection costs.