ANNEX I
Proposal for a Regulation of the European Parliament and of the
Council amending Council Regulation No 2007/2004 establishing a European Agency
for the Management of Operational Cooperation at the External Borders of the
Member States of the European Union (FRONTEX)
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 Articles 74 and 77(2)(b)
and (d) thereof,
Having regard to the proposal from the
European Commission,
Having regard to the Opinion of the European
Economic and Social Committee,
After transmission of the proposal to the
national Parliaments,
Acting in accordance with the ordinary
legislative procedure,
Whereas:
(1) The
development of a forward-looking and comprehensive European migration policy,
based on human rights, solidarity and
responsibility, especially
for those Member States facing specific or disproportionate pressures, remains a key policy
objective for the European Union.
(2) Union
policy in the field of the external borders aims at an integrated management
ensuring a uniform and high level of control and surveillance, which is a
necessary corollary to the free movement of persons within the European Union
and a fundamental component of an Area of Freedom, Security and Justice. To
this end, the establishment of common rules on standards and procedures for the
control of the external borders is contemplated.
(3) The
efficient implementation of the common rules calls for increased coordination
of the operational cooperation between the Member States.
(4) This
Regulation respects the fundamental rights and observes the principles
recognised in particular by the Charter of Fundamental Rights of the European
Union, notably human dignity, prohibition of torture and of inhuman or
degrading treatment or punishment, right to liberty and security, the rights to
the protection of personal data, right to asylum, non-refoulement, non
discrimination, the rights of the child and right to an effective remedy. This
Regulation should be applied by the Member States in accordance with these
rights and principles. Any use of force should be in accordance with the
national law of the host Member State, including the principles of necessity
and proportionality.
(4a) Implementation
of this Regulation should not affect the rights and the obligations of Member
States under the UN 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 and the Geneva Convention Relating to the Status of
Refugees.
(5) In
2004 the Council adopted Regulation (EC) No 2007/2004 establishing the European
Agency for the Management of Operational Cooperation at the External Borders of
the Member States of the European Union (Frontex)
(hereinafter referred to as the "Agency") which became operational in
May 2005.
(6) Regulation
(EC) No 2007/2004 was amended in 2007 by Regulation (EC) No 863/2007
establishing a mechanism for the creation of Rapid Border Intervention Teams.
(7) Efficient
management of the external borders through checks and surveillance contributes
to combat illegal immigration and trafficking in human beings and to reduce the
threats to the internal security, public policy, public health and
international relations of the Member States.
(8) Border
control at the external borders is in the interest not only of the Member State
at whose external borders it is carried out, but of all Member States which
have abolished internal border control.
(8a) A
further enhancement of the role of the Agency is in line with the Union’s
objective to develop a policy with a view to the gradual introduction of the
concept of Integrated Border Management. The Agency should, within the limits of its mandate, support the
Member States in implementing this concept as defined in the Council
conclusions on Integrated Border Management of 4 December 2006.
(9) The
Multiannual programme for an area of Freedom, Security and Justice serving the
citizen adopted by the European Council on 10/11 December 2009 (the Stockholm
Programme) calls upon a clarification and enhancement of the role of the
Agency regarding the management of the external
borders of the European Union.
(10) The
mandate of the Agency should therefore be revised in order to strengthen in
particular the operational capabilities of the Agency while ensuring that all
measures taken are proportionate to the objectives pursued, are effective and fully
respect fundamental rights and the rights of refugees and asylum seekers,
including in particular the prohibition of refoulement.
(11) Current
possibilities for providing effective assistance to the Member States regarding
the operational aspects of external border management should be reinforced as
concerns the available technical resources; the Agency must be able to plan
with sufficient accuracy the coordination of joint operations or pilot
projects.
(12) Minimum
levels of necessary technical equipment provided on a compulsory basis by the
Member States on the basis of annual bilateral negotiations and
agreements and/or the Agency will largely
contribute to a better planning and implementation of the envisaged operations
coordinated by the Agency.
(13) The
Agency should manage lists of technical equipment owned either by the Member States or by the Agency and equipment co-owned by the Member States and
the Agency, by setting up and keeping centralised records in a technical equipment pool. This pool should contain the minimum numbers of categories of technical
equipment necessary to enable the Agency to conduct its activities.
(14) To
ensure effective operations, teams of border guards should be set up by
the Agency. Member States should contribute to these teams with an appropriate number of skilled border guards and make them
available for deployment, unless they are faced with exceptional situations
seriously affecting the discharge of national tasks.
(15) The
Agency should be able to contribute to those teams with the border guards that are seconded
by Member States to the Agency on a semi-permanent basis, which shall be
subject, in the exercise of their tasks and powers, to the same legal framework
as the guest officers contributed directly to the Teams by Member States. The
Agency should adapt its internal rules on seconded national experts to allow
for direct instructions by the host state to the border guards during joint
operations and pilot projects.
(16) A
well-defined operational plan, including an evaluation and an obligation to
report incidents, agreed prior to the start of the operations amongst the
Agency and the host Member State, in consultation with the participating Member States and the Agency, will largely contribute
to the objectives of this Regulation with a more harmonised modus operandi
regarding the coordination of operations.
(17) The
incident reporting scheme shall be used by the Agency to transmit, to the
relevant public authorities and the Management Board, any information
concerning credible allegations of breaches of, in particular, Regulation (EC)
No 2007/2004 or the Schengen Borders Code, including fundamental rights, during
joint operations, pilot projects and rapid interventions.
(18) Risk
analysis has demonstrated to be a key element for conducting operations at the
external borders. Its quality should be improved by adding a method for assessing the capacity
of Member States to
face upcoming challenges, including present and future threats and pressures at
the external borders of the Member States of the European Union. However, these
assessments should be without prejudice to the Schengen Evaluation Mechanism.
(19) The
Agency should provide training, including on fundamental rights, international
protection and access to asylum procedures, at
European level for national instructors of border guards and additional
training and seminars related to control and surveillance at the external
borders and removal of third‑country nationals illegally present in the
Member States for officers of the competent national services. The Agency may
organise training activities, including an exchange program, in cooperation with Member States on their territory. Member States
should integrate the results of the Agency’s work in this perspective in the
national training programs of their border guards.
(20) The
Agency should monitor and contribute to the developments in scientific research
relevant for its field and disseminate this information to the Commission and
the Member States.
(21) In
most Member States, the operational aspects of return of third-country
nationals illegally present in the Member States fall within the competencies
of the authorities responsible for controlling the external borders. As there
is a clear added value in performing these tasks at Union level, the Agency
should, in full compliance with the Union's return policy,
accordingly ensure the coordination or the organization of joint return operations of
Member States and identify best practices on the acquisition of travel
documents, and define a Code of Conduct to be followed during the removal of
third-country nationals illegally present in the territories of the Member
States. No Union financial means should be made available for activities and
operations that are not carried out in conformity with the Charter of
Fundamental Rights.
(22) For
the purpose of fulfilling its mission and to the extent required for the
accomplishment of its tasks, the Agency may cooperate with Europol, the
European Asylum Support Office, the Fundamental Rights Agency and other
European Union Agencies and bodies, the competent authorities of third
countries and the international organisations competent in matters covered by
Regulation (EC) No 2007/2004 in the framework of working arrangements concluded
in accordance with the relevant provisions of the Treaty. The Agency should
facilitate the operational cooperation between Member States and third
countries in the framework of the external relations policy of the European
Union.
(23) Cooperation
with third countries regarding matters covered by Regulation (EC) No 2007/2004
is increasingly important. To establish a solid cooperation model with relevant
third countries the Agency should be able to launch and finance projects of
technical assistance and to deploy liaison officers in third countries in
cooperation with the competent authorities of these countries. The Agency should be able to invite representatives of third
countries to participate in its activities, after having provided the necessary
training. Establishing cooperation with third countries is relevant also with
regards to promoting the European standards of border management, including the
respect of fundamental rights and human dignity.
(24) In
order to ensure open and transparent employment conditions and equal treatment
of staff, the Staff Regulations of Officials of the European Communities and
the Conditions of Employment of Other Servants of the European Communities
("the Staff Regulations") should apply to the staff and to the
Executive Director of the Agency, including the rules of professional secrecy or
other equivalent duties of confidentiality.
(24a) Furthermore,
specific provisions should be adopted by the Management Board of the Agency to
allow national experts from Member States to be seconded to the Agency. Such
provisions should, among others, specify that seconded national border guards
to be deployed during joint operations and pilot projects and rapid
interventions should be considered as guest officers with the corresponding
tasks and powers.
(25) 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
applies to the processing of personal data by the Agency. The European Data
Protection Supervisor should therefore monitor the processing of personal data
by the Agency and have the power to obtain from the Agency access to all
information necessary for his or her enquiries.
(26) As
far as the Member States are processing personal data, 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
fully applies.
(27) When
ensuring the operational management of IT systems, the Agency should follow
European and international standards, including
on data protection, taking into account the
highest professional requirements.
(28) Since
the objective of this Regulation, namely to contribute to the creation of an integrated management of operational cooperation at the external
borders of the Member States of the European Union, cannot be sufficiently
achieved by the Member States and can therefore 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 on European Union. In
accordance with the principle of proportionality, as set out in that Article,
this Regulation does not go beyond what is necessary in order to achieve this
objective.
(29) As
regards Iceland and Norway, this Regulation constitutes a development of the
Schengen acquis within the meaning of the Agreement concluded by the Council of
the European Union and the Republic of Iceland and the Kingdom of Norway
concerning the association of those two States with the implementation,
application and development of the Schengen acquis, which fall within the area
referred to in Article 1, point A of Council Decision 1999/437/EC
on certain arrangements for the application of that Agreement. Consequently,
delegations of the Republic of Iceland and the Kingdom of Norway should
participate as members of the Management Board of the Agency, albeit with
limited voting rights.
(30) As
regards Switzerland, this Regulation constitutes a development of the
provisions of the Schengen acquis within the meaning of 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,
which fall within the area referred to in Article 1, points A, B and G of
Decision 1999/437/EC read in conjunction with Article 3 of Council Decision
2008/146/EC on the conclusion, on behalf of the European Community, of the
Agreement. Consequently, delegations of the Swiss Confederation should
participate as members of the Management Board of the Agency, albeit with
limited voting rights.
(31) As
regards Liechtenstein, this Regulation constitutes a development of the
provisions of the Schengen acquis within the meaning of 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
which fall within the area referred to in Article 1, points A, B and G of
Council Decision 1999/437/EC of 17 May 1999 read in conjunction with Council
Decision 2011/350/EU on the conclusion on behalf of the Union of the
Protocol". Consequently, delegations of the Principality of
Liechtenstein should participate as members of the Management Board of the
Agency, albeit with limited voting rights.
(32) Under
the Protocol on the position of Denmark, annexed to the Treaty on European
Union and the Treaty on the Functioning of the European Union, Denmark does not
take part in the adoption by the Council of the measures pursuant to Title V of
Part Three of the Treaty on the Functioning of the European Union, with the
exception of “measures determining the third countries whose nationals must be
in possession of a visa when crossing the external borders of the Member
States, or measures relating to a uniform format for visas”. This proposal
builds on the Schengen acquis, and under Article 4 of the Protocol on the
position of Denmark, Denmark shall decide within a period of six months after
the Council has decided on a proposal or initiative to build upon the Schengen
acquis under the provisions of Title V of Part Three of the Treaty on the
Functioning of the European Union whether it will implement this decision in
its national law.
(33) This
Regulation constitutes a development of provisions of the Schengen acquis in
which the United Kingdom does not take part, in accordance with Council
Decision 2000/365/EC of 29 May 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.
The United Kingdom is therefore not taking part in its adoption and is not
bound by it or subject to its application.
(34) This
Regulation constitutes a development of provisions of the Schengen acquis in
which Ireland does not take part, in accordance with Council Decision
2002/192/EC of 28 February 2002 concerning Ireland's request to take
part in some of the provisions of the Schengen acquis.
Ireland is therefore not taking part in its adoption and is not bound by it or
subject to its application.
(35) The
Agency should facilitate the organisation of operational actions in which the
Member States may avail themselves of the expertise and facilities which
Ireland and the United Kingdom may be willing to offer, in accordance with
modalities to be decided on a case‑by‑case basis by the Management
Board. To that end, representatives of Ireland and the United Kingdom should be
invited to attend all the meetings of the Management Board in order to allow
them to participate fully in the deliberations for the preparation of such
operational actions.
(36) A
controversy exists between the Kingdom of Spain and the United Kingdom on
the demarcation of the borders of Gibraltar.
(37) The
suspension of the applicability of this Regulation to the borders of Gibraltar
does not imply any change in the respective positions of the States concerned,
HAVE ADOPTED THIS REGULATION:
Article 1
Amendment
Regulation (EC) No
2007/2004 is amended as follows:
(1) In
Article 1 paragraph 2 is replaced by the following:
"2. While considering that the
responsibility for the control and surveillance of external borders lies with
the Member States, the Agency, as a body of the Union as defined in
Article 15 and in accordance with Article 19 of this Regulation, shall facilitate and render more effective the application of existing and future
European Union measures relating to the management of external borders,
in particular the Schengen Borders Code. It shall do so by ensuring the
coordination of Member States' actions in the implementation of those measures,
thereby contributing to an efficient, high and uniform level of control
on persons and surveillance of the external borders of the Member States.
The Agency shall
fulfil its tasks in full compliance with the relevant Union law, including the
Charter of Fundamental Rights of the European Union, international law,
including the Convention Relating to the Status of Refugees of 28 July
1951 ("the Geneva Convention"), obligations related to access to
international protection, in particular the principle of non-refoulement, and
fundamental rights and taking into account the reports of the Consultative
Forum referred to in Article 26a."
(1a) In Article 1 paragraph 3 is
replaced by the following:
"3. The Agency shall also provide
the Commission and the Member States with the necessary technical support and
expertise in the management of the external borders and promote solidarity
between Member States, especially those facing specific and disproportionate
pressures."
(2) Article
1a is amended as follows:
(a) the following point is inserted:
"1a. "European
Border Guard Teams" means for the purpose of Article 3, Article 3b,
Article 3c, Article 8 and Article 17 teams to be deployed during joint
operations and pilot projects, for the purpose of Articles 8a to 8g teams to be
deployed for the rapid border interventions (hereinafter referred to as
"rapid interventions)" within the meaning of Regulation (EC) No
863/2007 and for the purpose of Article 2(1) (ea) and (g) and Article 5 teams
to be deployed during joint operations, pilot projects and rapid
interventions";
(aa) point 2 is replaced by the
following:
"2. "host Member
State" means a Member State in which
a joint operation, a pilot project or a rapid intervention takes place or from which it is launched;"
(b) point
4 is replaced by the following:
"4. "members
of the teams" means border guards of Member States serving with the European
Border Guard Teams other than those of the host
Member State;"
(c) point 5 is replaced by the following:
"requesting Member State" means a Member
State whose competent authorities request the Agency to deploy the rapid
interventions on its territory;"
(3) Article 2 is amended as
follows:
(a) paragraph 1 is amended
as follows:
(i) points (c) and (d) are
replaced by the following:
"(c) carry out
risk analyses, including the assessment of
the capacity of Member States to face threats and pressure at the external
borders;
(d) participate
in the development of research relevant for the control and surveillance of
external borders;"
(ia) the following point is added:
"(da) assist
Member States in circumstances requiring increased technical and operational
assistance at the external borders, taking into account that some situations
may involve humanitarian emergencies and rescue at sea;"
(ib) point (e) is replaced by the
following:
"(e) assist Member States in
circumstances requiring increased technical and operational assistance at
external borders, especially those Member States facing specific and
disproportionate pressures;"
(ic) the following point is
inserted:
"(ea) set up European Border Guard Teams that are to
be deployed during joint operations, pilot projects and rapid
interventions;"
(ii) point (f) is replaced
by the following:
"(f) provide
Member States with the necessary support, including, upon request, coordination
or organisation of joint return
operations;"
(iia) point (g) is
replaced by the following:
" (g) deploy
border guards from the European Border Guard Teams to Member States in joint
operations, pilot projects or in rapid interventions in accordance with
Regulation (EC) No 863/2007.
(iii) the following points (h) and
(i) are added:
"(h) develop
and operate in accordance with Regulation (EC) No 45/2001 information systems that enable swift and reliable exchanges of
information regarding emerging risks at the external borders, including the
Information and Coordination Network established by Council Decision
2005/267/EC;
(i) provide
the necessary assistance to the development and operation of a European border
surveillance system and, as appropriate, to the development of a common
information sharing environment, including interoperability of systems.
(b) the following paragraph
1b is inserted:
(ba) "1b. In accordance with Union and international law, no person
shall be disembarked in, or otherwise handed over to the authorities of, a
country in contravention of the principle of non-refoulement, or from which
there is a risk of expulsion or return to another country in contravention of
that principle. The special needs of children, victims of trafficking, persons
in need of medical assistance, persons in need of international protection and
other vulnerable persons shall be addressed in accordance with Union and
international law."
(c) in paragraph 2 the last
subparagraph is replaced by the following:
"Member States shall report to
the Agency on these operational matters at the external borders outside the
framework of the Agency. The Executive Director shall inform the Management
Board on these matters on a regular basis and at least once a year."
(3a) The following article is inserted:
"Article
2a
Code
of Conduct
The Agency shall
draw up and further develop a Code of Conduct applicable to all operations
coordinated by the Agency. The Code of Conduct shall lay down procedures
intended to guarantee the principles of the rule of law and the respect of
fundamental rights with particular focus on unaccompanied minors and vulnerable
persons, as well as persons seeking international protection, applicable to all
persons participating in Frontex activities.
The Code of
Conduct shall be developed in cooperation with the consultative forum referred
to in Article 26a."
(4) Article 3 is replaced
by the following:
"Article 3
Joint operations and pilot projects at the
external borders
1. The
Agency shall evaluate, approve and coordinate proposals for joint operations
and pilot projects made by Member States, including the requests of Member
States related to circumstances requiring increased technical and operational
assistance, especially in cases of specific and disproportionate
pressures.
The Agency may itself initiate and carry out joint operations and pilot projects
in cooperation with the Member States concerned and in agreement with the host Member
States.
It may also decide to put its technical equipment at the disposal of
Member States participating in the joint operations or pilot projects.
Joint operations and pilot projects should be preceded by a thorough
risk analysis.
1a. The
Agency may also terminate, after informing the Member State concerned, joint operations and pilot projects
if the conditions to conduct these initiatives are no longer fulfilled.
Participating Member States may request the Agency to
terminate a joint operation or pilot project.
The home Member State shall provide
for appropriate disciplinary or other measures in accordance with their law in
case of violations of fundamental rights or international protection
obligations in the course of such activities.
The Executive Director of the Agency shall suspend or
terminate, in whole or in part, joint operations and pilot projects if it
considers that violations concerned are of a serious nature or are likely to
persist.
2. The
Agency shall constitute a pool of border guards called European Border
Guard Teams in accordance with the provisions
of Article 3b, for possible deployment during joint operations and pilot
projects referred to in paragraph 1. It shall decide on the deployment of human
resources and technical equipment in accordance with Articles 3a and 7.
3. The
Agency may operate through its specialised branches provided for in Article 16
for the practical organisation of joint operations and pilot projects.
4. The
Agency shall evaluate the results of the joint operations and pilot projects
and transmit the detailed evaluation reports within 60 days following the end
of the activity to the Management Board, together with the observations
of the Fundamental Rights Officer referred to in Article 26a. The Agency shall make a comprehensive comparative analysis of
those results with a view to enhancing the quality, coherence and effectiveness
of future operations and projects to be included in its general report provided
for in Article 20(2)(b).
5. The
Agency shall finance or co-finance the
joint operations and pilot projects referred to in paragraph 1, with grants
from its budget in accordance with the financial rules applicable to the
Agency."
5a. Paragraphs 1a and 5 shall apply to
rapid interventions.
(5) The following Articles
3a, 3b and 3c are inserted:
"Article 3a
Organisational aspects of joint operations
and pilot projects
1. The
Executive Director shall draw up an operational plan for activities referred to
in Article 3(1). The Executive Director and the host Member State, in
consultation with participating Member States,
shall agree on the operational plan detailing the organisational aspects in due
time before the envisaged beginning of the activity.
The operational plan shall cover all aspects
considered necessary for carrying out the joint operation or the pilot project,
including the
following:
(a) a
description of the situation, with modus operandi and objectives of the
deployment, including the operational aim;
(b) the
foreseeable duration of the joint operation or pilot projects;
(c) the
geographical area where the joint operation or pilot project will take place;
(d) description
of the tasks and special instructions for the guest officers, including on
permissible consultation of databases and permissible service weapons,
ammunition and equipment in the host Member State;
(e) the
composition of the teams of guest officers, as well as the deployment of other relevant staff;
(f) command
and control provisions, including the names and ranks of the host Member
State's border guards responsible for cooperating with the guest officers and
the Agency, in particular those of the border guards who are in command during
the period of deployment, and the place of the guest officers in the chain of
command;
(g) the
technical equipment to be deployed during the joint operation or pilot project,
including specific requirements such as conditions for use, requested crew,
transport and other logistics, and financial provisions;
(h1) detailed
provisions on immediate incident reporting by the Agency to the Management
Board and to relevant national public authorities;
(h2) a reporting and evaluation scheme containing benchmarks for the
evaluation report and final date of submission of the final evaluation report
in accordance with Article 3(4).
(i) regarding
sea operations, specific information on the application of the relevant jurisdiction and legislation in the geographical area where the joint operation takes place,
including reference to international and Union law regarding interception,
rescue at sea and disembarkation;
(j) modalities
of cooperation with third countries, other European Union agencies and bodies
or international organisations.
2. Any
amendments to or adaptations of the operational plan shall require the
agreement of the Executive Director and the host Member State. A copy of the
amended or adapted operational plan shall immediately be sent by the Agency to
the participating Member States.
3. The
Agency shall, as part of its coordinating tasks, ensure the operational
implementation of all the organisational aspects, including the presence of a
staff member of the Agency during joint operations and pilot projects referred to in this Article.
Article 3b
Composition and deployment of European
Border Guard Teams
1. On a proposal by
the Executive Director, the Management Board shall decide by an absolute
majority of its members with a right to vote on the profiles and the overall
number of border guards to be made available for the European Border
Guard Teams. The same procedure shall apply
with regard to any subsequent changes in the profiles and the overall numbers.
Member States shall contribute to the European Border Guard Teams via a national pool on the basis of the various defined profiles by
nominating border guards corresponding to the required profiles.
2. The
contribution by Member States as regards their border guards to specific
operations for the coming year shall be planned on the basis of annual
bilateral negotiations and agreements between the Agency and Member States. In
accordance with these agreements, Member States
shall make the border guards available for deployment at the request of the
Agency, unless they are faced with an exceptional situation substantially
affecting the discharge of national tasks. Such a request shall be made at
least 45 days before the intended
deployment. The autonomy of the home Member State in relation to the selection
of staff and the duration of their deployment shall remain unaffected.
3. The
Agency shall also contribute to the European Border Guard Teams with competent border guards seconded by the Member States as
national experts pursuant to Article 17(5). The contribution by Member
States as regards seconding their border guards to the Agency for the coming
year shall be planned on the basis of annual bilateral negotiations and
agreements between the Agency and Member States.
In accordance with these agreements,
Member States shall make the border guards available for secondment, unless
this would seriously affect the discharge of national tasks. In such situations
Member States may recall their seconded border guards.
The maximum duration of such secondments
shall not exceed six months in a twelve month period. They shall, for the
purpose of this Regulation, be considered as guest officers and have the tasks
and powers referred to in Article 10. The Member State having seconded the
border guards in question shall be considered as "home Member State"
as defined in Article 1a(3) for the purpose of applying Articles 3c, 10, and
10b. Other staff employed by the Agency on a temporary basis who are not
qualified to perform border control functions shall only be deployed during
joint operations and pilot projects for coordination tasks.
4. Members
of the European Border Guard Teams shall,
in the performance of their tasks and in the exercise of their powers, fully
respect fundamental rights, including access to asylum procedures, and human dignity. Any measures taken in the performance of their
tasks and in the exercise of their powers shall be proportionate to the
objectives pursued by such measures. While performing their tasks and
exercising their powers, they shall not
discriminate against persons on grounds of sex, racial or ethnic origin,
religion or belief, disability, age or sexual orientation.
5. In
accordance with Article 8g the Agency will nominate a coordinating officer for
each joint operation or pilot project where members of the European
Border Guard Teams will be deployed.
The role of the coordinating officer shall be to foster
cooperation and coordination amongst host and participating Member States.
6. The
Agency shall meet the costs incurred by the Member States in making their
border guards available pursuant to paragraph 1 for the European Border
Guard Teams
in accordance with Article 8h.
6a. The
Agency shall inform the EP on an annual basis on the number of border guards
that each Member State has committed to the European Border Guard Teams in
accordance with this Article.
Article 3c
Instructions to the European Border
Guard Teams
1. During
deployment of European Border Guard Teams
instructions to the teams shall be issued by the host Member State in
accordance with the operational plan referred to in Article 3a (1).
2. The
Agency, via its coordinating officer as referred to in Article 3b (5), may
communicate its views on those instructions to the host Member State. If it
does so, the host Member State shall take those views into consideration.
3. In
accordance with Article 8g the host Member State shall give the coordinating
officer all necessary assistance, including full access to the European
Border Guard Teams at all times throughout the deployment.
4. Members
of the European Border Guard Teams shall,
while performing their tasks and exercising their powers, remain subject to the
disciplinary measures of their home Member State."
(6) Article 4 is replaced
by the following:
"Article 4
Risk analysis
The Agency shall develop
and apply a common integrated risk analysis model.
It shall prepare both
general and tailored risk analyses to be submitted to the Council and the
Commission.
For the purpose of
risk analysis, the Agency may assess, after
prior consultation with the Member State(s) concerned, their capacity to face upcoming challenges, including present and future
threats and pressures at the external borders of the European Union,
especially for those Member States facing specific and disproportionate
pressures. To this end the Agency may assess the
equipment and the resources of the Member States regarding border control. The
assessment shall be based on information given by the Member State(s)
concerned, and on the reports and results of joint operations, pilot projects,
rapid interventions and other activities of the Agency. These assessments are
without prejudice to the Schengen Evaluation Mechanism.
The results of these assessments
shall be presented to the Management Board of
the Agency.
For these purposes
Member States shall provide the Agency with all necessary information regarding
the situation and possible threats at the external borders.
The Agency shall
incorporate the results of a common integrated risk analysis model in its
development of the common core curriculum for border guards' training referred
to in Article 5."
(7) Article
5 is amended as follows:
(a) the
following paragraphs are inserted before the first paragraph:
"The Agency
shall provide border guards who are part of the European Border Guard Teams
with advanced training relevant to their tasks and powers and shall conduct
regular exercises with those border guards in accordance with the advanced
training and exercise schedule referred to in the Agency's annual work
programme.
The Agency shall
also take the necessary initiatives to ensure that all border guards and other
personnel of the Member States who participate in the European Border Guard
Teams, as well as the staff of the Agency, shall, prior to their participation
in operational activities organised by the Agency, have received training in
relevant Union and international law, including fundamental rights and access
to international protection and guidelines for the purpose of identifying
persons seeking protection and directing them towards the appropriate
facilities.
(b) the first paragraph is replaced by the following:
"The Agency shall
establish and further develop common core curricula for border guards' training
and provide training at European level for instructors of the national border
guards of Member States, including with regard to fundamental rights and access
to international protection and relevant maritime law.
Training curricula
shall be drawn up after consultation of the Consultative Forum referred to in
Article 26a.
Member States shall
integrate the common core curricula in the training of their national border
guards."
(c) the
following paragraph is inserted after the last paragraph:
"The Agency
shall establish an exchange programme enabling national border guards
participating in the European Border Guard Teams to acquire knowledge or
specific know-how from experiences and good practices abroad by working with
border guards in a Member State other than their own."
(8) Articles
6 and 7 are replaced by the following:
"Article 6
Monitor and contribute
to research
The Agency shall proactively monitor and contribute to the developments in research relevant for
the control and surveillance of the external borders and disseminate this
information to the Commission and the Member States.
Article 7
Technical equipment
1. The
Agency may acquire, itself or in
co-ownership with a Member State, or lease
technical equipment for external border control to be deployed during joint
operations, pilot projects, rapid interventions, return operations or technical assistance projects in accordance
with the financial rules applicable to the Agency. Any acquisition or
leasing of equipment entailing significant
costs to the Agency shall be preceded by a thorough needs and cost/benefit
analysis. Any such expenditure shall be provided for in the Agency's
budget as adopted by the Management Board in accordance with Article 29(9). In case the Agency acquires or leases important technical
equipment, such as open sea and coastal patrol vessels or vehicles, to be used
in joint operations, the following provisions shall apply:
– in case of acquisition and co-ownership, the Agency agrees formally with one Member State that the latter
will provide for the registration of the equipment in accordance with the
applicable legislation of that Member State;
– in case of leasing, the equipment must be registered in a Member
State.
Based on
a model agreement drawn up by the Agency, the Member State of registration and
the Agency shall agree on modalities ensuring the periods of full availability
of the co-owned assets for the Agency, as well as on the terms of use of the
equipment.
The Member State of registration or the supplier of technical
equipment shall provide the necessary experts and technical crew to operate the
technical equipment in a legally sound and safe manner.
2. The
Agency shall set up and keep centralised records of equipment in a technical
equipment pool composed of equipment owned either by the Member States or by the
Agency and equipment co-owned by the Member States and the Agency for external border control purposes. The technical equipment pool
shall contain a minimum number per type of technical equipment defined in
accordance with paragraph 5 of this article. The equipment listed in the
technical equipment pool shall be deployed during the activities referred to in
Articles 3, 8a and 9.
3. Member
States shall contribute to the technical equipment pool referred to in
paragraph 2. The contribution by Member States to the pool and deployment
of the technical equipment for specific operations shall be planned on the
basis of annual bilateral negotiations and agreements between the Agency and
Member States. In accordance with these agreements and to the extent that it forms part of the minimum number of equipment
for a given year, Member States shall make their technical equipment available
for deployment at the request of the Agency, unless they are faced with an
exceptional situation substantially affecting the discharge of national tasks. Such
requests shall be made at least 45 days before the intended deployment. The contributions to the technical equipment pool shall be reviewed
annually.
4. The
Agency shall manage the records of the technical equipment pool as follows:
(a) classification by type
of equipment and by type of operation;
(b) classification by owner
(Member State, Agency, others);
(c) overall numbers of
required equipment;
(d) crew requirements if
applicable;
(e) other information such
as registration details, transportation and maintenance requirements, national
applicable export regimes, technical instructions, or other relevant
information to handle the equipment correctly.
5. The
Agency shall finance the deployment of the equipment which forms part of the
minimum number of equipment provided by a given Member State for a given year.
The deployment of equipment which does not form part of the minimum number of
equipment shall be co-financed by the Agency up to a maximum of 100% of the eligible expenses taking into account the particular
circumstances of the Member States deploying such equipment.
The rules including the required overall minimum numbers per type of
equipment, the conditions for deployment and reimbursement of costs shall be
decided in accordance with Article 24 on a yearly basis by the Management Board
on a proposal by the Executive Director. For budgetary purposes this decision
should be taken by the Management Board by 31 March.
The minimum number of equipment shall be proposed by the Agency in
accordance with its needs, notably be able to carry out joint operations, pilot
projects, rapid interventions and return
operations, in accordance with the work programme of the Agency for the year in
question.
If the minimum number of equipment proves to be insufficient
to carry out the operational plan agreed for joint operations, pilot projects,
rapid interventions or return operations, it shall be revised by the Agency on
the basis of justified needs and of an agreement between the Agency and the
Member States.
6. The
Agency shall report on the composition and the deployment of equipment which is
part of the technical equipment pool to the Management Board on a monthly
basis. In case the minimum number of equipment referred to in paragraph 5 is
not reached, the Executive Director shall inform the Management Board without
delay. The Management Board shall take a decision on the prioritisation of the
deployment of the technical equipment urgently and take the appropriate steps
to remedy the identified shortcomings. It shall inform the Commission of the
identified shortcomings and the steps taken. The Commission shall subsequently inform the European
Parliament and the Council, together with its own assessment.
6a. The
Agency shall inform the EP on an annual basis on the number of technical
equipment that each Member State has committed to the pool in accordance with
this Article."
(9) Article
8 is amended as follows:
(a) paragraph
1 is replaced by the following:
"1. Without prejudice to Article 78(3)
of the Treaty on the Functioning of the European Union, one or more Member
States facing specific and disproportionate pressures and confronted with
circumstances requiring increased technical and operational assistance when
implementing their obligations with regard to control and surveillance of
external borders may request the Agency for assistance. The Agency shall in
accordance with Article 3 organise the appropriate technical and operational
assistance for the requesting Member State(s).
(b)
in paragraph 2 the
following point is added:
"(ba) deploy
border guards from the European Border Guard Teams."
(9a) Article 8, paragraph 3 reads as
follows:
3. The Agency may
acquire technical equipment for checks and surveillance of external borders to
be used by its experts and within the framework of the rapid interventions for
their duration.
(9b) Article 8a is replaced by the
following:
"8a
Rapid
Interventions
At the request of
a Member State faced with a situation of urgent and exceptional pressure, especially
the arrival at points of the external borders of large numbers of third-country
nationals trying to enter the territory of that Member State illegally, the
Agency may deploy for a limited period one or more European Border Guard Teams
(hereinafter referred to as "team(s)") on the territory of the
requesting Member State for the appropriate duration in accordance with Article
4 of Regulation (EC) No 863/2007."
(9c) In Article 8d, paragraph 5 is
replaced by the following:
"5.
If the Executive Director
decides to deploy one or more teams, an operational plan shall immediately, and
in any event no later than 5 working days of the date of the decision, be drawn
up by the Agency and the requesting Member State in accordance with Article
8e."
(10) In Article 8e,
paragraph 1 is amended as follows:
(a) points (f) and (g) are
replaced by the following:
"(f) command
and control provisions, including the names and ranks of the host Member
State's border guards responsible for cooperating with the teams, in particular those of the border guards who are in command of the
teams during the period of deployment, and the place of the teams in the chain
of command;
(g) the
technical equipment to be deployed together with the teams, including specific
requirements such as conditions for use, requested crew, transport and other
logistics, and financial provisions."
(b) the following points (h1),
(h2), (i) and (j) shall be added:
"(h1) detailed
provisions on immediate incident reporting by the Agency to the Management Board
and to relevant national public authorities;
(h2) a reporting and evaluation scheme containing benchmarks for
the evaluation report and final date of submission of the final evaluation
report in accordance with Article 3(4).
(i) regarding
sea operations, information on the application of the relevant
jurisdiction and legislation in the
geographical area where the joint operation takes place including
references to international and Union law regarding interception, rescue at sea
and disembarkation;
(j) modalities
of cooperation with third countries, other European Union agencies and bodies
or international organisations."
(11) In Article 8h paragraph 1, first
subparagraph, is
replaced by the following:
"1. The
Agency shall fully meet the following costs incurred by Member States in making
available their border guards for the purposes mentioned in Article 3(2),
Article 8a and Article 8c:"
(12) Article 9 is replaced by the
following:
"Article 9
Return cooperation
1. Subject
to the return policy of the Union, and in particular Directive 2008/115/EC
and without entering into the merits of return decisions, the Agency shall provide the necessary assistance, and upon
request of the participating Member States ensure the coordination or the
organisation of joint return operations of
Member States, including through the chartering of aircraft for the
purpose of such operations. The Agency shall
finance or co-finance the operations and
projects referred to in this paragraph, with grants from its budget in accordance
with the financial rules applicable to the Agency. The Agency may also use
financial means of the European Union available
in the field of return. The Agency shall ensure that in its grant agreements with Member States
any financial support is conditional upon the full respect of the Charter of
Fundamental Rights.
2. The Agency shall develop a Code
of Conduct for the return of illegally present third-country nationals which
shall apply during all joint return operations coordinated by the Agency, describing
common standardized procedures which should simplify the organisation of joint
return operations
and assure
return in a humane manner and in full respect for fundamental rights, in
particular the principles of human dignity, prohibition of torture and of
inhuman or degrading treatment or punishment, right to liberty and security,
the rights to the protection of personal data and non discrimination.
3. The Code of
Conduct will in particular pay attention to the obligation set out in Article
8(6) of Directive 2008/115/EC to provide for an effective forced-return
monitoring system and to the Fundamental Rights strategy referred to in
Article 26a(1).
The monitoring of joint return operations should be carried out on the
basis of objective and transparent criteria and should cover the whole joint return
operation from the pre-departure phase until the hand-over of the returnees in
the country of return.
4. Member
States shall regularly inform the Agency of
their needs for the assistance or coordination by the Agency. The Agency shall draw up a rolling operational plan to
provide the requesting Member States with the necessary operational support,
including technical equipment referred to in Article 7(1). The Management Board
shall decide in accordance with Article 24 on a proposal of the Executive
Director, on the content and modus operandi of the rolling operational plan.
5. The
Agency shall cooperate with competent authorities of the relevant third
countries referred to in Article 14, identify best practices on the acquisition
of travel documents and the return of illegally present third‑country
nationals.
(13) In Article 10, paragraph 2 is
replaced by the following:
"2. While
performing their tasks and exercising their powers guest officers shall comply
with Union and international law, in accordance with fundamental rights, and the national law of
the host Member State."
(14) Article 11 is replaced by the
following:
"Article 11
Information exchange
systems
The Agency may take all
necessary measures to facilitate the exchange of information relevant for its
tasks with the Commission and the Member States,
and, where appropriate, the European Agencies referred to in Article 13.
It shall develop and operate an information system capable of exchanging
classified information with these actors,
including personal data referred to in Articles 11a, 11b and 11c.
The
Agency may take all necessary measures to facilitate the exchange of
information relevant for its tasks with
United Kingdom and Ireland if it relates to the activities in which they
participate in accordance with Articles 12 and 20(5)."
(15) The following
Articles are inserted:
"Article 11a
Data protection
Regulation (EC) No
45/2001 shall apply to the processing of personal data by the Agency.
The Management Board
shall establish measures for the application of Regulation (EC) No 45/2001 by
the Agency, including those concerning the Data Protection Officer of the
Agency. These measures shall be established after the consultation of the
European Data Protection Supervisor. Without prejudice to Articles 11b and 11c,
the Agency may process personal data for administrative purposes.
Article
11b
Processing
of personal data in the context of joint return
operations
In
accordance with the measures referred to in the second paragraph of Article
11a:
1. In performing its
task of the organization and coordination of joint
return operations of Member States referred to in Article 9, the Agency
may process personal data of persons who are subject to such joint return operations.
2. The processing of
such personal data shall respect the principles of necessity and
proportionality. In particular, it shall be strictly limited to those personal
data which are required for the purposes of the joint return operation.
3. The personal data
shall be deleted as soon as the purpose for which they have been collected has
been achieved and no later than 10 days after the joint return operation.
4. In case the
personal data are not transferred to the carrier by a Member State, the Agency
may transfer such data.
Article
11c
Processing of
personal data collected during joint operations,
pilot projects and rapid interventions
In
accordance with the measures referred to in Article 11a:
1. Without prejudice
to the competence of Member States to collect personal data in the context of
joint operations, pilot projects and
rapid interventions and subject to the
limitations set out in paragraphs 2 and 3, the Agency
may further process personal data collected by
the Member States during such operational activities and transmitted to the
Agency in order to contribute to the security of the external borders of
the Member States of the European Union.
2. Such further
processing of personal data by the Agency shall be limited to personal data regarding
persons who are suspected, by the relevant authorities of Member States, on
reasonable grounds of involvement in cross-border criminal activities, in
facilitation of illegal migration activities or in human trafficking activities
as defined in Article 1(1)(a) and (b) of Council Directive 2002/90/EC.
3. Personal data
referred to in paragraph 2 shall be further processed by the Agency only for
the following purposes:
(a) Transmission, on a case by
case basis, to Europol or other EU law enforcement agencies, subject to Article
13 of this Regulation.
(b) Use for the preparation of
risk analyses referred to in Article 4. In the result of the risk-analyses data
shall be depersonalized.
4. The personal data
shall be deleted as soon as they have been transmitted to Europol or other
European Agencies or used for the preparation of risk analyses referred to in
Article 4. The term of storage shall in any event not exceed three months after
the date of the collection of those data.
5. The processing of
such personal data shall respect the principles of necessity and
proportionality. The personal data shall not be used by Frontex for the purpose
of investigations, which remain under the responsibility of the competent
national authorities.
In particular, it
shall be strictly limited to those personal data which are required for the
purposes referred to in paragraph 3.
6. Without prejudice
to Regulation (EC) No 1049/2001, onward transmission or other communication of
such personal data processed by the Agency to third countries or other third
parties is prohibited.
Article 11d
Security rules on the protection of classified information and
non-classified sensitive information
1. The
Agency shall apply the Commission’s rules on security as set out in the Annex
to Commission Decision 2001/844/EC, ECSC, Euratom.
This shall cover, inter alia, provisions for the exchange, processing and
storage of classified information.
2. The
Agency shall apply the security principles relating to the processing of
non-classified sensitive information as adopted and implemented by the European
Commission. The Management Board shall
establish measures for the application of these security principles.
"Article 13
Cooperation with
European Union agencies and bodies and international organisations
The Agency may cooperate
with Europol, the European Asylum Support Office, the Fundamental Rights
Agency, other European Union agencies and bodies, and the international
organisations competent in matters covered by this Regulation in the framework
of working arrangements concluded with those bodies, in accordance with the
relevant provisions of the Treaty and the provisions on the competence of those
bodies. In every case the Agency shall inform the European Parliament of
any such arrangements.
Onward
transmission or other communication of personal data processed by the Agency to
other European Union agencies or bodies shall be subject to specific working
arrangements regarding the exchange of personal data and subject to the prior
approval of the European Data Protection Supervisor.
The Agency may
also, with the agreement of the Member State(s) concerned, invite observers of
European Union agencies and bodies or international organisations to
participate in its activities referred to in Articles 3, 4 and 5, to the extent
that their presence is in accordance with the objectives of these activities,
may contribute to the improvement of cooperation and the exchange of best
practices, and does not affect the overall safety of the activities. The
participation of those observers may take place only with the agreement of the
Member States concerned regarding the activities referred to in Articles 4 and
5 and only with the agreement of the host Member State regarding those referred
to in Article 3. Detailed rules on the participation of observers shall be
included in the operational plan referred to in Article 3a(1).These observers
shall receive the appropriate training from the Agency prior to their
participation.
Article 14
Facilitation of
operational cooperation with third countries and cooperation with competent
authorities of third countries
1. In
matters covered by its activities and to the extent required for the fulfilment
of its tasks, the Agency shall facilitate the operational cooperation between
Member States and third countries, in the framework of the European Union
external relations policy, including with regard to human rights.
The
Agency and the Member States shall comply with the norms and standards at least
equivalent to those set by the EU legislation also when cooperation with third
countries takes place on the territory of those countries.
The establishment of cooperation with
third countries shall serve to promote European border management standards,
also covering respect for fundamental rights and human dignity.
2. The
Agency may cooperate with the authorities of third countries competent in
matters covered by this Regulation in the framework of working arrangements
concluded with these authorities, in accordance with the relevant provisions of
the Treaty. Those working arrangements shall be purely related to the
management of operational cooperation.
3. The
Agency may deploy its liaison officers,
which should enjoy the highest possible protection to carry out their duties,
in third countries. They shall form part of the local or regional cooperation
networks of Member States' immigration
liaison officers set up pursuant to Council Regulation No 377/2004:
Liaison officers shall only be deployed to third countries in which border
management practices respect minimum human rights standards. Their
deployment shall be approved by the Management Board. Within the framework of
the European Union external relations policy,
priority for deployment should be given to those
third countries, which on the basis of risk analysis constitute a country of
origin or transit regarding illegal migration. On a reciprocal basis the Agency
may receive liaison officers posted by those third countries also, for a
limited period of time. The Management Board shall adopt, on a proposal of the
Executive Director, the list of priorities on a yearly basis in accordance with
the provisions of Article 24.
4. The
tasks of the Agency's liaison officers shall include, in compliance with European Union
law and in accordance with fundamental rights, the establishment and
maintaining of contacts with the competent authorities of the third country to
which they are assigned to with a view to contribute to the prevention of and
fight against illegal immigration and the return of illegal migrants.
5. The
Agency may benefit from Union funding in accordance with the provisions of the
relevant instruments supporting the Union's external relations policy. It may
launch and finance technical assistance projects in third countries regarding
matters covered by this Regulation.
6. The Agency may
also with the agreement of the Member State(s) concerned invite observers of
third countries to participate in its activities referred to in Articles 3, 4
and 5, to the extent that their presence is in accordance with the objectives
of these activities, may contribute to the improvement of cooperation and the
exchange of best practices, and does not affect the overall safety of the
activities. The participation of those observers may take place only with the
agreement of the Member States concerned regarding the activities referred to
in Articles 4 and 5 and only with the agreement of the host Member State
regarding those referred to in Article 3. Detailed rules on the participation
of observers shall be included in the operational plan referred to in Article
3a(1). These observers shall receive the appropriate training from the Agency
prior to their participation.
7. When
concluding bilateral agreements with third countries as referred to in Article
2(2) Member States may include provisions
concerning the role and competencies of the Agency, in particular regarding the
exercise of executive powers by members of the teams deployed by the Agency
during the activities referred to in Article 3.
8. The
activities referred to in paragraphs 2 and 3 shall be subject to receiving a prior opinion of the Commission, and
the European Parliament shall be fully informed as soon as possible.
(16a) In Article 15, paragraph 1 is replaced by the
following:
"The
Agency shall be a body of the Union. It shall have legal personality."
(17) The following
Article 15a is inserted:
"Article 15a
Headquarters Agreement
The necessary
arrangements concerning the accommodation to be provided for the Agency in the
Member State in which the Agency has its seat and the facilities to be made
available by that State, as well as the specific rules applicable to the
Executive Director, the Deputy Executive Director, the members of the
Management Board, the staff of the Agency and members of their families, in
that State shall be laid down in a Headquarters Agreement between the Agency
and the Member State in which the Agency has its seat. The Headquarters
Agreement shall be concluded after obtaining the approval of the Management
Board. The Member State in which the Agency has its seat should provide the
best possible conditions to ensure proper functioning of the Agency, including
multilingual, European-oriented schooling and appropriate transport
connections."
(18) In Article 17,
paragraph 3 is replaced by the following:
"3. For the purpose of
implementing Article 3b(5) only an Agency's staff member subject to the Staff
Regulations of Officials and to Title II of the Conditions of employment of
other servants of the European Communities employed by the Agency can be
designated as coordinating officer in accordance with Article 8g. For the
purpose of implementing Article 3b(3)
only national experts seconded by a Member State to the Agency can be
designated to be attached to the European Border Guard Teams. The Agency shall designate those national experts that shall be
attached to the European Border Guard Teams in accordance with that Article."
(19) In Article 17
the following paragraphs 4 and 5 are added:
"4. The Management Board
shall adopt the necessary implementing measures in agreement with the
Commission pursuant to the arrangements provided for in Article 110 of the
Staff Regulations of Officials of the Union.
5. The Management
Board may adopt provisions to allow national experts from Member States to be
seconded to the Agency. Those provisions shall take into account the
requirements of Article 3b(2), in particular the fact that they are considered
as guest officers and have the tasks and powers referred to in Article 10. They
shall include provisions on the conditions of deployment."
(20) Article 20 is amended as follows:
(a) Paragraph 2 is amended
as follows:
(i) point (h) is
replaced by the following:
"(h) establish
the organisational structure of the Agency and adopt the Agency's staff policy,
in particular the multi-annual staff policy plan. In accordance with the
relevant provisions of the framework Financial Regulation for the bodies
referred to in Article 185 of Council Regulation (EC, Euratom) No
1605/2002 the multi-annual staff policy
plan shall be submitted to the Commission and the budgetary authority after receiving a
favourable opinion of the Commission;"
(ii) the following point (i)
is inserted:
"(i) adopt
the Agency’s Multi Annual Plan aiming at outlining the future long term
strategy regarding the activities of the Agency."
(b) Paragraph 4 is replaced
by the following:
"4. The
Management Board may advise the Executive Director on any matter strictly
related to the development of operational management of the external borders,
including activities related to research as defined in Article 6."
(21) Article 21 is
amended as follows:
(a) in paragraph 1 the last
sentence is replaced by the following:
"This term of office shall be
extendable."
(b) paragraph 3 is replaced
by the following:
"3. Countries
associated with the implementation, application and development of the Schengen
acquis shall participate in the Agency. They shall have one representative and
an alternate each in the Management Board. Under the relevant provisions of
their association agreements, arrangements have been developed that specify the
nature and extent of, and the detailed rules for, the participation by these
countries in the work of the Agency, including provisions on financial
contributions and staff."
(21a) In Article 25, paragraph 2 is replaced by the
following:
"2. The European Parliament or
the Council may invite the Executive Director of the Agency to report on the
carrying out of his/her tasks, in particular on the implementation and
monitoring of the Fundamental Rights Strategy, the general report of the Agency
for the previous year, the work programme for the coming year and the Agency's
multi-annual plan referred to in Article 20(i)."
(22) In Article
25(3) the following point (g) shall be added:
"(g) Ensure the implementation of the operational plan referred to in Articles 3a and 8g."
(22a) The following Article is inserted:
"Article
26a
Fundamental
Rights Strategy
1. The Agency shall
draw up and further develop and implement its Fundamental Rights Strategy. The
Agency
shall put in place an effective mechanism to monitor the respect for
fundamental rights in all the activities of the Agency.
2. A Consultative
Forum shall be established by the Agency to assist the Director and the
Management Board in fundamental rights matters. The Agency shall invite the
European Asylum Support Office, the Fundamental Rights Agency, the United
Nations High Commissioner for Refugees and other relevant organisation to
participate in the Consultative Forum. On the proposal of the Executive
Director, the Management Board shall decide on the composition and the working
methods of and the modalities of the transmission of information to the
Consultative Forum.
The Consultative
Forum shall be consulted on the further development and implementation of the
Fundamental Rights Strategy, Code of conduct and Common Core Curriculum.
The Consultative
Forum shall prepare an annual report of its activities. Those reports shall be
made publically available.
3. A Fundamental
Rights Officer shall be designated by the Management Board of the Agency.
He/she shall have the necessary qualifications and experience in the field of
fundamental rights. He/she shall be independent in the performance of his/her
duties as a Fundamental Rights Officer and shall report directly to the
Management Board and the Consultative Forum. He/she shall report on a regular
basis and as such contribute to the mechanism for monitoring fundamental
rights.
4. The Fundamental Rights
Officer and the Consultative Forum shall have access to all information
concerning respect for fundamental rights, in relation to all the activities of
the Agency."
(23) In Article 33, the following
paragraphs 2a and 2b are inserted:
"2a. The
next evaluation shall also analyse the needs for further increased coordination
of the management of the external borders of the Member States, including the
feasibility of the creation of a European system of border guards."
2b. The
evaluation shall include a specific analysis on the way the Charter of
Fundamental Rights was respected pursuant to the application of the
Regulation."
Article 2
Entry into force
This regulation shall
enter into force on the twentieth day following that of its publication in the Official
Journal of the European Union.
This Regulation
shall be binding in its entirety and directly applicable in the Member States
in accordance with the Treaties.
Done at ...,
For the European Parliament For
the Council
The President The
President
