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EUROPEAN COMMISSION

Brussels, 27.10.2026

COM(2026) 1030 final

2026/0342 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the European Border and Coast Guard (recast)

{SEC(2026) 1030 final} - {SWD(2026) 1030 final} - {SWD(2026) 1031 final}

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EXPLANATORY MEMORANDUM

1. CONTEXT OF THE PROPOSAL

• Reasons for and objectives of the proposal

The European Union (EU) must ensure effective control of its external borders. A

significant progress has been made over last years. The EU has put in place the most

advanced border management system in the world effectively tackling security risks and

illegal migration. Illegal border crossings have fallen to their lowest level since 2021, down

55% over the past two years and by more than a third in 2026 alone. Returns of those without

the right to stay in the EU have increased to more than 30%. The EU’s collective capacity to

manage its external borders has been progressively strengthened with the European Border

and Coast Guard Agency (Frontex) acting as a key Union actor in supporting Member States

to effectively manage the Union’s external borders.

Despite this progress, the protection of EU borders must be further strengthened to respond to

the current complex and evolving challenges. Although the number of illegal border

crossings into the EU has steadily declined since 20231, migratory pressures are likely to

persist at both land and sea borders as migrants seek to evade enhanced controls at border

crossing points. New technologies and social media are increasingly being exploited to

influence migratory flows, facilitate unauthorised crossings and shift routes, undermining the

security of the EU’s external borders. Migrant smuggling continues to have a major impact2,

as smuggling networks become ever more professional and sophisticated, adapting routes and

methods according to demand, opportunities and obstacles. Geopolitical developments

continue to shape the EU’s external border environment, combined with an increasing range

of hybrid threats from disinformation and online manipulation by criminal and other hostile

actors to cyber-attacks targeting border management systems and critical infrastructure. In

particular, the instrumentalisation of migrants and weaponisation of migration3 is a continued

source of pressure, testing our collective ability to protect the EU’s external borders. Cross-

border crime is evolving at an unprecedented pace, testing the resilience of the EU’s external

borders, as organised criminal groups and networks engage in a wide range of illegal

activities, such as vehicle theft, drug trafficking4, firearms trafficking, or document fraud. The

EU’s proximity to current and former conflict zones also increases its exposure to firearms

trafficking, raising the risk that such weapons may be used in Europe.

Furthermore, the events in Ceuta in the summer of 2026 demonstrated how quickly sudden

and mass arrivals can build up at the EU's external borders and lead to an exceptional

situation. It has also highlighted the importance of the EU and Member States ability to

anticipate, prevent and timely respond to emergencies and crises.

At the same time, despite sustained efforts by Member States and EU agencies, a substantial

proportion of third-country nationals subject to a return decision does not effectively leave

1 Illegal border crossings into the EU were approximately 380 000 in 2023 and fell in 2025 to

approximately 178 000 constituting less than half of the total recorded in 2023 and the lowest level since 2021.

Preliminary data shows that unauthorised crossings into the EU fell by 37% in the first seven months of 2026,

compared to the same period in 2025, with approximately 61 000 detections recorded at the EU’s external

borders. 2 As reiterated in the European Asylum and Migration Management Strategy, over 90% of irregular

migrants who reach the EU use services of smugglers for parts or entirety of their journey. 3 See Communication of the Commission on countering hybrid threats from the weaponisation of

migration and strengthening security at the EU’s external borders, COM(2024) 570 final. 4 According to Europol, half of the most threatening criminal networks operating in the EU are involved

in drug trafficking.

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the EU territory.5 Differences in national capacities, operational practices, and cooperation

with third countries also underline the need for stronger coordination and more joint action at

EU level, supported by modern digital tools. This would ensure that the EU builds on the

momentum generated in return policy by the full implementation of the Pact on Migration

and Asylum and the adoption of the Return Regulation6.

Addressing these challenges requires a modern and credible migration management

framework based on a strong border governance to prevent illegal migration and ensure

effective returns of those with no right to stay.7 Strengthening Frontex is a flagship initiative

of the Commission for delivering on these objectives.

Already now, the Frontex is the largest EU Agency that embodies the European dimension

of border management and return policy by pooling resources, expertise and operational

capacity that no single Member State could sustain alone, thereby ensuring a consistent high

standard of border control across the Union. As a result, Frontex is the key asset in

strengthening the integrity of the Schengen area, reinforcing mutual trust among Member

States, and giving practical expression to the principle that the security of one external border

is a shared concern of the EU as a whole. Along with Europol and Eurojust, it is also a key

component of the European response to security challenges.

To reach the current position, Frontex had to significantly evolve over the last years. Since

2016, together with the relevant national authorities, it forms the European Border and

Coast Guard (EBCG), where the responsibility for the EU’s external borders is shared with

Member States, based on loyal cooperation and support.8 The Agency delivers on its

objectives and tasks through its standing corps9, i.e. the EU's first uniformed border

management and return service expected to reach 10 000 deployable officers by 2027, and the

European Border Surveillance System (EUROSUR) that provides a common framework for

situational awareness and operational cooperation.

Taking into account these achievements and potential, the President’s political guidelines

(2024-2029) set the objective of enhancing Frontex’s operational capacity, including by

increasing the staff available for Frontex operations to 30 000 and by equipping it with state-

of-the-art surveillance and situational awareness technologies. The 5-Point Plan10, adopted

by the Commission following the Ceuta events, emphasised the need to strengthen situational

awareness in order to anticipate and prevent emergencies at the EU’s external borders, and to

respond in a timely manner to crisis situations, with Frontex being a key actor delivering on

this commitment.

The need to reinforce Frontex, in particular as regards the management of the EU’s external

borders and the implementation of the common system for returns, has been consistently

highlighted by the Member States. Stakeholder consultations, including with Frontex, the

5 Based on Eurostat data, the return rate of third-country nationals with a return decision in the European

Union was approximately 30% in the first quarter of 2026. 6 In March 2025, the Commission proposed a Regulation establishing a common system for the return of

third-country nationals staying illegally in the Union, replacing the Return Directive, which was adopted by the

co-legislators in October 2026 as Regulation (EU) 2026/2280. 7 COM(2026) 45 final. 8 Regulation (EU) 2016/1624 of the European Parliament an of the Council of 14 September 2016 on the

European Border and Coast guard and amending Regulation (EU) 2016/399 and repealing Regulation (EC) of

the European Parliament and the Council (EC) No 863/2007, the Council Regulation (EC) 2007/2004, and

Council Decision 2005/267. 9 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on

the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624. 10 5-point plan to prevent, anticipate and respond to sudden, mass illegal arrivals - Migration and Home

Affairs

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evaluation of the Frontex Regulation of 202311 and the study accompanying the impact

assessment carried out in 202512, highlighted the need to: improve the efficiency of Frontex’s

role in border management and return; ensure Frontex has sufficient operational capacity to

deliver on its objectives; and expand training and planning capabilities.

The proposal responds to these challenges. It aims to ensure that Frontex has the tools,

governance and operational capacity to support Member States at the external borders, and to

improve the effectiveness of returns. To this end, the proposal sets out several modifications

in three main priority areas.

Firstly, the proposal transforms Frontex into a truly European agency able to provide a more

reliable and tailored support to border protection and return. By increasing the standing corps

to 30 000, including through a new European border and return reserve, the Agency will have

greater and more flexible capacity, based on a larger pool of officers trained to high common

European standards, that will also lead to improved interoperability between EU and national

resources enabling faster and more effective deployments, and maximised operational impact

of each deployment while easing pressure on Member States’ own systems. The Agency will

also be equipped with the possibility to acquire, lease and co-own state-of-the-art technical

assets that will result in better value-for-money for Member States, more predictable

deployments, and reduced critical dependencies.

Secondly, the proposal transforms Frontex into a central operational pillar of the Common

European System for Returns responsible for return-related support: from strategic

planning, prioritisation, through coordination and implementation of return operations, to

readmission and reintegration. The proposal will enhance coordination and strategic pooling

of resources aligned with the operational needs identified by Member States, simplify

procedures and achieve efficiency through economies of scale, strengthen expertise and

capacity to support Member States, and improve governance and strategic planning of the

return processes. In this context, together with this proposal, the Commission is taking

additional steps to further improve the effectiveness of returns by putting forward a proposal

for a Regulation on the digitalisation of case managements in the area of return,

readmission and reintegration, establishing a common digital backbone, connecting the

relevant authorities, processes and tools13. This proposal represents an important tool in the

Union’s toolbox to deliver on the Union’s enhanced ambition to have swift and effective

returns, as an integral component of a well-managed EU migration system. Frontex will play

a key role in the new common digital architecture, which will allow to manage the return

process in a more efficient, cost-effective manner, simplifying procedures and reducing

administrative burden.

Thirdly, Frontex will become a more agile and reliable partner supporting Member States

in preparedness and crisis response. This will include strengthened role in situational

awareness and risk assessment through to more tailored operational support to Member States

facing exceptional situations, and closer cooperation with third countries. This will ensure that

Member States receive the support they need in situations they need it most.

Secure EU borders are a prerequisite for the functioning of the Schengen area, the safety of

EU citizens, and trust among Member States. The proposals ultimately contributes to

achieving these objectives.

11 Evaluation study; – https://home-affairs.ec.europa.eu/whats-new/publications/study-support-ebcg-

regulation-evaluation_en 12 Impact Assessment - SWD(2026) 1030 13 COM(2026) 1037

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• Consistency with existing policy provisions in the policy area

The proposal contributes to the EU policy framework on integrated border management,

return and migration management, and the protection of the Schengen area. It is an important

element of ensuring a high level of security while safeguarding the free movement of persons

through the effective management of the EU's external borders.

The proposal updates the legal framework established by Regulation (EU) 2019/1896 on the

European Border and Coast Guard, which is the primary legislative instrument. It

preserves the core architecture of the existing framework based on shared responsibility,

contributions to the standing corps, close cooperation between all Frontex actors, and the

division of responsibilities between different EU institutions and bodies, while addressing the

legal, operational and structural shortcomings.

Furthermore, the proposal builds on and further develops the comprehensive approach set out

in the Pact on Migration and Asylum, where, in line with Regulation (EU) 2024/1351 of the

European Parliament and of the Council14, border management, asylum and return should

function as integrated and mutually reinforcing elements of EU migration management. It

aims to equip Frontex to assist Member States in swiftly processing third-country nationals

arriving at external borders and returning those with no right to stay in the EU, including

through EU-level strategic planning and coordination, as well as cooperation with third

countries in the area of return.

The proposal will ensure that Frontex’s mandate and operational capacity evolve in line with

the increased ambition and requirements of the EU return framework and, notably, in the

implementation of the Common European System for Returns established by the Return

Regulation. It thereby reinforces the coherence between European Integrated Border

Management, the broader EU migration architecture, and its return policy.

The proposal is also consistent with the whole-of-route approach to migration management

and the broader objectives of the 2026 European Asylum and Migration Management

Strategy, which emphasises strengthened cooperation with third countries along migration

routes. In this context, a stronger operational role for Frontex in cooperating with third

countries in the area of return would complement existing Union and Member State

cooperation frameworks, contribute to addressing migratory pressure along migration routes

and support greater continuity and coherence across the return process.

The proposal is also consistent with the Schengen Borders Code. In particular, it aligns the

possibilities of cooperation with third countries with the agreements foreseen in the Code. It

also builds on the experiences with the Union’s multiannual strategic policy for European

integrated border management.

The proposal builds on the deployment of large-scale EU information systems for border

management and security of the Schengen area, including the Schengen Information

System (SIS), the Entry/Exit System (EES), the European Travel Information and

Authorisation System (ETIAS), the Visa Information System (VIS), thereby contributing to

more effective border management, improved risk analysis and enhanced interoperability

across the Union. The proposal will be accompanied by modifications to two Interoperability

Regulations, as well as the SIS return and SIS borders Regulations, which are necessary to

enable the ETIAS Central Unit in Frontex to assume a new role after the completion of its

current assignment, and to establish a SIRENE Bureau within Frontex to enable the exchange

of information on SIS alerts on return and for refusal of entry and stay.

14 Regulation - EU - 2024/1351 - EN - EUR-Lex.

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• Consistency with other Union policies

The proposal is consistent with the Union's broader policies on internal security, external

relations and enlargement.

It is consistent with the objectives of the new European internal security strategy, ProtectEU,

which identifies secure external borders as an essential component of the EU's internal

security architecture, and supports a more integrated European response to hybrid threats,

organised crime and illegal migration. By strengthening Frontex through enhanced

surveillance and situational awareness capabilities and by providing the legal framework for

the further development of Frontex’s standing corps, the proposal directly contributes to the

objective of reinforcing EU external border management and therefore supports the objective

of strengthening internal security. To that end, it also facilitates closer operational cooperation

and information exchange between Frontex, Europol and national law enforcement authorities

in the fight against migrant smuggling and other cross-border criminal activities. The proposal

is also consistent with the European Commission’s proposal for a new sanctions regime

tackling forms of organised crime which threaten the EU’s values and security, including

migrant smuggling, human trafficking, drug trafficking and arms trafficking, which is

currently pending negotiations.15

The proposal contributes to the broader response to hybrid threats. In particular, it aims to

enrich the situational picture by extending the scope of data sharing in the framework of

EUROSUR. Together with inter-agency cooperation at the EU level, this will lead to a

significant improvement of the situational awareness and an increase of reaction capabilities

within the EU, without creating overlaps with other information systems deployed by EU

agencies. The proposal will be complemented by the planned Earth Observation

Governmental Service (EOGS), being prepared by the Commission, which will expand the

Earth observation capabilities available to the Union for security and defence.

The proposal also aims to further enhance European cooperation on coastguard functions

with the European Fisheries Control Agency (EFCA) and the European Maritime Safety

Agency (EMSA), as well as with other relevant EU actors, to improve the complementarity

and synergies between those agencies and to provide more efficient and cost-effective multi-

purpose services to national authorities, while fully respecting the division of responsibilities

between the respective actors.

The proposal is consistent with EU policy on cooperation with third countries. In addition

to contributing to the whole-of-route approach set out in the European Asylum and Migration

Management Strategy, it strengthens the Union’s ability to engage with partner countries

along key migratory routes. It promotes closer strategic and operational cooperation through

status agreements and capacity-building measures. It offers reinforced support in areas, such

as vulnerability assessments, tailored training or risk assessment products to improve

cooperation on border management, combat abuses of visas to the EU and prevent illegal

border crossings. This will help support alignment with the EU acquis on migration, asylum

and visa policy, and strengthen cooperation on return and readmission.

The proposed measures remain coherent with broader EU external action objectives. The

proposal seeks to enable Frontex, and by extension the EU, to better identify and leverage

synergies across the various strands of EU external action, wherever such synergies exist,

maximising effectiveness and mitigating the risk of duplicated efforts, without reducing the

15 JOIN (2026) 17 final, Brussels 9.7.2026 - 2026/0198 (NLE) SENSITIVE and HR (2026) 165

LIMITED; https://ec.europa.eu/commission/presscorner/detail/en/qanda_26_1565

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role of the EU Institutions and the Member States in defining and influencing Union policy in

this area.

The proposal supports the implementation of the first EU Visa Policy Strategy, which

recognises the visa system as the Union’s first line of security screening. It reaffirms the dual

objective of visa policy: to safeguard EU security and integrity while facilitating legitimate

bona fide travel that is beneficial to the Union. In this context, the proposal strengthens

Frontex’s contribution to the implementation of the EU visa policy, including through training

capacity, document security and document fraud expertise, and capacities to develop targeted

risk analysis products. By enhancing Frontex’s support to Member States on visa policy with

a new Visa support office, the proposal reinforces the security dimension of EU visa policy in

a manner consistent with the objectives of the Visa Policy Strategy.

Furthermore, the proposal also supports the EU's digital transformation agenda by

facilitating the use of modern surveillance technologies, interoperable information systems

and advanced situational awareness capabilities within European Integrated Border

Management. This will be complemented by the proposal for a Regulation on the

digitalisation case management in the area of return, readmission and reintegration. This

proposal provides Frontex with the appropriate operational framework to develop further and

support the effective implementation of the future digital architecture, enabling more efficient

information exchange, coordination and management of return-related processes.

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

• Legal basis

The proposal is based on Articles 77(2)(b) and (d), and by Article 79(2)(c) of the TFEU.

Article 77(2)(b) empowers the Union to adopt legislation governing checks on individuals

crossing external borders. Article 77(2)(d) provides for the adoption of measures necessary

for the progressive development of an integrated management system for external borders.

Article 79(2)(c) authorises the implementation of measures to address illegal migration,

including removal and repatriation of individuals residing without valid authorisation.

• Subsidiarity (for non-exclusive competence)

The challenges addressed by this proposal are inherently transnational and cannot be

effectively tackled by Member States acting alone. The management of the Union's external

borders is a shared European responsibility, and shortcomings in one part of the external

border may have consequences for the functioning, security and integrity of the Schengen

area as a whole. Geopolitical developments, hybrid threats, increasingly sophisticated

criminal and smuggling networks, and the growing need for digital and operational

capabilities have further highlighted the need for a coordinated Union response in the area of

border management and return. Fragmented national approaches limit the effectiveness of

border management, return operations and crisis preparedness, and cannot adequately address

challenges that extend beyond the territory or capacities of individual Member States. Action

at Union level is, therefore, both necessary and more effective.

Effective management and control of the Union’s external borders is in the interest of all

Member States. The abolition of internal border controls within the Schengen area means that

external border management directly affects the functioning, security, and integrity of the

Union as a whole. Perceived deficiencies in the management of external borders, combined

with migratory challenges and security risks, have led in the past to the reintroduction of

internal border controls undermining trust between Member States. Abuses of visas to the

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Union also place strain on that trust.

Through the European Border and Coast Guard, Frontex supports Member States by

providing a common operational framework, facilitating the pooling of expertise and

technical assets, strengthening common risk analysis and situational awareness, and enabling

the rapid deployment of personnel and equipment where needed. It also reinforces the

coordination of return operations, promotes the consistent application of common standards,

and enhances cooperation with third countries, thereby increasing the effectiveness of national

authorities while fully respecting their operational responsibilities. By developing shared

capabilities and coordination mechanisms at Union level, the proposal avoids duplication,

generates economies of scale and ensures a coherent and resilient approach to the

management of the Union's external borders. In a Schengen area without internal border

controls, such collective action is essential to safeguard the effective functioning of the area of

freedom, security and justice while ensuring the uniform implementation of the integrated

European border management system.

• Proportionality

In line with the principle of proportionality, as set out in Article 5 of the Treaty on European

Union, this proposal does not go beyond what is necessary to achieve its objectives. The

proposal introduces targeted measures to strengthen the effectiveness of the European Border

and Coast Guard framework by addressing systemic shortcomings in areas where coordinated

Union action provides clear added value, including the deployment of the standing corps,

border surveillance, return operations, and crisis response. It focuses on reinforcing

operational cooperation, improving coordination and ensuring the uniform application of

common standards, while preserving Member States' operational responsibility and primary

competence for the management of their external borders. The proposal is limited to measures

that cannot be effectively achieved by Member States acting alone and leaves flexibility for

national authorities in the implementation of common standards, taking into account their

specific operational, legal and geographical contexts.

• Choice of the instrument

This proposal amends and expands Regulation (EU) 2019/1896. Since the amendments to be

made are substantial in number and nature, the legal act is a recast in order to ensure the

necessary clarity.

The evolution of the Agency’s role requires a modernised legal framework to provide the

legal certainty, predictability, and accountability necessary for it to carry out its reinforced

mandate effectively. The revised legal framework needs to allow the Agency to perform its

enhanced functions efficiently while operating within a clear, robust, and predictable legal

environment, and maintaining the operational flexibility needed to respond to evolving

threats.

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER

CONSULTATIONS AND IMPACT ASSESSMENTS

• Ex-post evaluations/fitness checks of existing legislation

On 2 February 2024, the European Commission published its evaluation report on Regulation

(EU) 2019/189616, including a review of the standing corps, on the basis of the data available

up to the end of 2023. The evaluation did not cover the Agency’s integrated capability

16 EUR-Lex - 52024DC0075 - EN - EUR-Lex

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planning, as that mechanism was formalised only at the end of the evaluation period. The

evaluation concluded that the Regulation remained broadly fit for purpose in responding to

the challenges affecting the Union’s external borders. It nevertheless identified certain

shortcomings and areas requiring further improvement. In particular, it highlighted: the lack

of clarity on the exact role of Frontex in implementing certain tasks, such as those related to

cross border crime; divergent operational procedures across Member States, which impede the

uniform implementation of EIBM; the need for a long-term strategic approach and

predictability in investments in human and technical capabilities; gaps in the quality of

training provided to the standing corps and constraints arising from the Staff Regulations that

prevent full integration of the Agency’s own operational staff; limitations in providing an

updated, accurate and comprehensive situational picture and risk analysis; and obstacles to the

conclusion of working arrangements that hamper cooperation with third countries. Finally, the

evaluation report suggested to improve the oversight and strategic steering, particularly on

return-related issues. These gaps were subsequently reflected in an action plan that is

regularly updated by the Commission and Frontex.

• Stakeholder consultations

The proposal was prepared through a broad consultation process involving national

authorities, Frontex, other EU agencies, civil society, academia, international organisations,

social partners, and the general public on the functioning of Regulation (EU) 2019/1896.

A Call for Evidence17 collected initial views on key shortcomings and policy options,

followed by a public consultation18 on the effectiveness, efficiency, coherence and EU added

value of the current framework.

This was complemented by a targeted survey19 of practitioners and specialised organisations,

as well as targeted interviews on operational constraints, governance arrangements and

safeguards.

The Commission discussed the future of the Agency and the revision of its mandate with

Member States in several Council configurations, including the Justice and Home Affairs

Council, Strategic Committee on Immigration, Frontiers and Asylum (SCIFA), and the

Council Frontiers Working Party. Member States’ experts were also consulted through the

Schengen Borders Committee, the EBCG expert group and bilateral exchanges.

In June 2024, the Justice and Home Affairs Council underlined organisational, technical and

governance-related shortcoming sand called for a structural reform of the Agency alongside

more flexible and adequately resourced operational capacities. In March 2025, the European

Council reaffirmed the Union’s determination to strengthen security at its external borders

and ensure their effective control in full compliance with Union and international law.

The Commission also exchanged views with the European Parliament, notably the Committee

on Civil Liberties, Justice and Home Affairs (LIBE) and the Schengen and Borders Scrutiny

Working Group

Exchanges were also held between the Commission and the Agency highlighting the need to

move from a fragmented and reactive model towards an integrated and resilient system,

supported by stronger planning, investment, training, technological development, cooperation

with Member States and third countries, and full respect for ethical standards and fundamental

rights.

17 European Border and Coast Guard/Frontex – standing corps review and evaluation of Regulation 18 European Border and Coast Guard – update of EU rules 19 ICF study to be published.

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The consultation results showed broad agreement that, despite the significant contribution of

the European Border and Coast Guard framework, implementation shortcomings warrant

targeted legislative adjustments to further strengthen the European integrated border

management. Stakeholders also supported strengthening Frontex’s role in the area of return,

readmission and reintegration, and cooperation with third countries. Many Member States,

national authorities and operational actors underlined the need to further modernise the

regulatory framework to reflect technological developments, interoperable information

systems, stronger risk analysis and preparedness, and clearer responsibilities between the

Agency and national authorities. The feedback received was taken into account in the design

of the proposal, including by reflecting stakeholders’ calls for greater legal clarity,

streamlined procedures, and technological adaptations.

• Collection and use of expertise

The Commission relied on external expertise to support both the evaluation and the impact

assessment accompanying this proposal. In particular, an external study carried out between 2

April 2025 and 2 February 2026 provided a comprehensive evidence base drawing on input

from Member States, EU bodies, offices and agencies, Frontex, standing corps officers,

Frontex Consultative Forum members, law enforcement networks, and other relevant

stakeholders.

• Impact assessment

Prior to the legislative proposal, an impact assessment had been carried out to examine policy

options for addressing shortcomings in the current EBCG Regulation that reduce its

effectiveness in border management and return, as well as deficiencies in training, planning

and Frontex’s quality control mechanisms.

The baseline scenario assumed that structural problems would persist. These problems

stemmed from legal ambiguities, limitations in the existing mandate and established practices,

notably in the areas of return, data sharing and equipment procurement. It also assumed that

the strategic risks identified in the Strategic Risk Analysis Report20 would materialise and

place additional pressure on the Schengen area. Although non-legislative adjustments and

fuller use of existing tools could bring some incremental improvements, they would not be

sufficient to overcome these structural constraints or to ensure the flexibility and surge

capacity required to respond to rapidly changing operational needs.

Against this background, three policy options were assessed.

Policy Option 1 focused on enhancing the effectiveness by addressing shortcomings identified

in the 2024 evaluation of the EBCG Regulation and improving overall preparedness for crisis

situations, while maintaining the current pace of development and implementation of the

EIBM.

Policy Option 2 built on this approach by introducing additional measures to strengthen

border management and return, including a new standing corps category, reinforced training,

and steps towards a more harmonised EIBM-based structure supported by better planning,

quality assurance and technical equipment development.

20 Strategic_Risk_Analysis_2024_Report.pdf

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Policy Option 3 represented the most ambitious approach, providing for a broader expansion

of the EBCG mandate and capabilities in order to fully deliver on EIBM objectives and

maximise Frontex’s role in border management and return.

• Regulatory fitness and simplification

The proposal simplifies the implementation of the European Border and Coast Guard

framework, while ensuring that any additional obligations for Member States are

proportionate and justified by operational needs.

The preferred options reinforce the Agency’s role in overall planning and coordination.

Member States may need to improve the quality of information shared under existing rules.

The introduction of common methodologies, templates and the streamlining of processes will

reduce repeated requests and improve the link between priorities, operational needs and

resources. The proposal also removes duplicate EUROSUR tasks, strengthens central fusion

services, promotes the reuse of risk analysis outputs in planning, and lowers the default

communication network classification to the level generally used in practice, while allowing

higher classification where needed. Overall, this should reduce duplication, avoid over-

classification, and make better use of existing information.

The proposal also introduces simplifications for operational cooperation and support. In the

external dimension, status agreements with third countries can also cover technical assistance,

avoiding separate working arrangement where operational cooperation is already covered. It

also allows more targeted and flexible agreements and extends cooperation with international

organisations beyond the current list. In technical equipment and innovation, the Agency

could organise joint procurement, act as a central purchasing body, and promote common

technical standards, reducing redundant tenders, testing and procurement. Support for

Member States’ standing corps category 2 contributions is also simplified by linking

financing directly to actual secondments, making it easier to verify and administer.

The expected increase of operations, the expansion of Agency’s tasks and activities could

increase the workload of the Management Board and executive director. The proposal

therefore foresees modifications to the Agency’s governance structure to increase the

efficiency of the Management Board, in particular by reinforcing the Executive Board as

competent preparatory entity, which could assume certain roles in operational decisions

making in different areas, in particular return.

Overall, any additional burdens, particularly in planning coordination, acquisitions of

technical equipment, information sharing, and training, would be offset by the positive impact

on the security in the Schengen area, thanks to more efficient border management and returns.

As regards the increase of the standing corps size, the accompanying measures, in particular

the modified training architecture, the simplified financial support, and use of multiannual

rather than annual contribution schemes, should significantly alleviate the burdens related to

recruitment and upkeep of the European border and return reserve.

The regulatory burden varies per thematic area but remains limited overall, as many of the

proposed measures clarify existing rules and build on existing structures, in particular for

return and training.

More generally, the recast seeks to make the Agency’s mandate easier to implement by

clarifying the applicable rules, aligning procedures with operational realities, and promoting

reuse of existing tools instead of creating additional layers of obligations.

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• Fundamental rights

This proposal respects fundamental rights and observes the principles recognised by the

Charter of Fundamental Rights of the European Union, notably the rights to respect for

private and family life (Article 7), protection of personal data (Article 8), asylum (Article 18),

protection in the event of removal, expulsion or extradition, including the principle of non-

refoulement (Article 19), the rights of the child (Article 24), and the right to an effective

remedy (Article 47).

In line with relevant Union and international law, the proposal ensures that operational

activities are carried out with full respect for fundamental rights and with particular attention

to vulnerable persons and the best interests of the child. Any interference with Charter rights

must be necessary, proportionate and subject to appropriate safeguards. Data-related measures

remain subject to the applicable Union data protection framework. The proposal also

maintains oversight and accountability mechanisms.

Where cooperation with third countries is envisaged, it must take place within the framework

of Union external action. Status agreements for operations involving executive powers must

include safeguards.

Overall, the proposal seeks to ensure that operational effectiveness and fundamental rights

protection are mutually reinforcing. It supports effective border management and return-

related action while preserving clear legal limits, procedural guarantees, monitoring and

remedies.

4. BUDGETARY IMPLICATIONS

The proposal envisages a strengthened role of Frontex in supporting Member States, including

by gradually expanding its capabilities (human and technical resources), as well as enhancing

its core activities in relation to the management of the external borders and returns. The

implementation of the new proposed measures as well as ensuring the continuation of

Frontex’ existing activities has budgetary implications at EU level.

At the same time, experience with the implementation of the current Regulation has

demonstrated that a single seven-year Multiannual Financial Framework period can suffice,

albeit not without challenges, to implement the standing corps concept in its current form,

namely 10 000 deployable officers across category 1 of Agency statutory staff, category 2 of

national officers seconded by Member States for longer-term deployments, and category 3 of

national officers made available by Member States for short-term deployments, as well as a

dormant category 4 for rapid reactions. Based on experience over a 7-years period, two

additional periods of the same duration, until 2041, would represent a reasonable

implementation timeframe to reach the objective of expanding the standing corps to 30 000

officers. The proposed growth would not be achieved through the linear expansion of the

existing categories. In line with the rationale for deeper integration and interoperability

described above, a sustainable increase in category 1 staff would instead be accompanied by

the introduction of an additional reserve of uniformly trained national officers, whose training

and potential subsequent deployments in an EBCG context would be organised and overseen

by the Agency.

For the next Multiannual Financial Framework (MFF) period (2028-2034), the Commission

proposed to allocate EUR 11.888 billion to the European Border and Coast Guard Agency.

The budget will include costs linked to EBCG standing corps, taking into account the

envisaged growth of the standing corps category 1 officers and the establishment of a new

European border and return reserve (by 2034), the setting up of a comprehensive training

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framework for all categories of standing corps, the implementation of the multiannual strategy

for the acquisition, leasing and development of the Agency’s equipment, strengthening

Frontex’ support to Member States covering return, readmission and reintegration,

cooperation frameworks with partner third countries, EU entities and international

organisations, the development of the digital tools to foster return in line with the proposal for

a Regulation on the digitalisation of case management in the area of return, readmission and

reintegration, Frontex’ current operational activities (e.g. EUROSUR).

Some of the proposed measures aim to increase efficiency and cost-effectiveness, reducing

financial and administrative burden for the Agency. This includes aligning, as a general rule,

the place of employment to the place of deployment rationalising the system of financial

allocations for standing corps to render it better tailored for long-term operational service, as

well as increased efficiency of Frontex-managed returns, including through improved

coordination on returns.

The proposal also envisages that incoming revenues can be considered in relation to Frontex

costs. This includes the fee generated by the operation of ETIAS, expected to cover costs

related to ETIAS operational expenditures, and could include additional revenues from fees

generated from services run by the Agency, including for instance carrying out compliance

checks of travel and identity documents.

Additionally, within the policy reference framework set out in Article 22(2) of the National

and Regional Partnership Plans (NRPP) Regulation, the Commission will call on Member

States to finance measures in their National and Regional Partnership Plans in support of the

implementation of this Regulation.

The detailed financial implications of the proposal are set out in the legislative financial

statement accompanying the proposal. The estimated financial and staffing implications for

2028 and beyond are provided for illustrative purposes only and do not pre-empt decisions on

the next MFF. The funding sources and the extent of the EU’s financial commitment beyond

2027 will depend on the outcome of the interinstitutional negotiations for the 2028-2034

MFF. Thereafter they must be determined through the annual budgetary procedure. All

appropriations and staffing allocations from 2028 onwards are therefore indicative.

5. OTHER ELEMENTS

• Implementation plans and monitoring, evaluation and reporting arrangements

The implementation of the proposal will follow reinforced governance structures applicable to

decentralised EU agencies, with Frontex reporting regularly to the Management Board. The

Executive Board will assist the Management Board in overseeing the preparation and

implementation of the annual and multiannual programming, and in reinforcing supervision of

administrative and budgetary management.

Performance, operational outcomes, and compliance with legal and data protection

obligations will be monitored and evaluated using established reporting cycles and

procedures. The proposal retains the Frontex’s obligation to exchange information relevant to

its tasks with the Commission and the Member States, which will enable effective monitoring

of the overall performance of the Regulation.

The Commission will evaluate the functioning and effectiveness of the Regulation s and

report on its performance.

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• Detailed explanation of the specific provisions of the proposal

Explanations are provided for substantial changes in operative part per Chapter. The

consequential modifications or technical adjustments are listed at the end of this section.

Chapter I – European Border and Coast Guard

Article 1 (subject matter) emphasises the enhanced role of Frontex in European integrated

border management to support free movement in the Schengen area, the common system for

returns, cooperation with third countries, and a high level of internal security of the Union by

countering cross-border crime, while reflecting legislative developments such as the entry into

force of the Pact on Migration and Asylum and the adoption of the Return Regulation.

Article 2 introduces targeted technical amendments to clarify concepts where legal

uncertainty hindered implementation. These include new definitions and clarifications

concerning Agency’s operational actions in border management and returns. It also reflects

Frontex’s role in countering hybrid threats more clearly as well asits increased tasks in return.

The stronger emphasis on return, the greater clarity on Frontex’s role in countering hybrid

threats in border management, and a new focus on the implementation of the Union visa

policy are also reflected in Article 3 on European Integrated Border Management (EIBM).

Article 5 (European Border and Coast Guard Agency) sets the ambition to increase the

capacity of the standing corps after 2027, towards a target of 30 000, to strengthen Frontex’s

capacity to respond to challenges at the EU external borders, accommodating its new tasks

and the expected increase in demand for support on border management and the

implementation of the Pact, in particular the return border procedure.

Article 7 on shared responsibility reflects the equal importance of border management and

return among the Agency’s tasks. In addition to the existing provisions on border

management, the article introduces the central role of Frontex in returns from the Union and

clarifies the need for the Member States to coordinate their national return operations with the

Agency.

Article 8 enhances the multiannual strategic policy cycle for EIBM, notably by requiring

Member States to transmit their national strategies for EIBM to the Agency and the

Commission. The Agency will assess their completeness and consistency with the Union’s

multiannual strategic policy and the Agency’s technical and operational strategy.

Article 9 improves integrated planning for border management and return. Risk analysis,

EUROSUR, vulnerability assessments and relevant Schengen evaluation findings will feed

into operational, contingency and capability development planning, allowing risks and

capability gaps to inform decisions on staffing, training, equipment and operational support.

A new Article 10 establishes a multiannual European integrated border management

planning coordination scheme, adopted by the Management Board, setting common

timelines for the main planning outputs. It aligns the national strategies for EIBM,

contingency and capability development plans, return planning information, the capability

roadmap and relevant Agency outputs, without creating additional planning products.

Chapter II – Functioning of the European Border and Coast Guard

Article 11 on the tasks of the Agency is revised to better define and integrate the Agency’s

role on return in its tasks. New tasks cover the planning, coordination, and carrying out of

return activities, the management of an EU reintegration programme, the implementation of

the return border procedure, the digitalisation of return, readmission and reintegration, and

assistance to third countries in the area of return.

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This Article also gives the Agency a clear mandate to monitor internet activities, including

online platforms, with the explicit and well-defined purpose of enhancing the Union’s

preparedness through improved situational awareness and risk analysis. The resulting

anonymised and aggregated information may be used to enrich the European situational

picture.

The Article clarifies the Agency’s task of conducting debriefing interviews, including the

scope and purpose. The entry into force of the Pact on Migration and Asylum risked creating

confusion and ambiguities between the role of screening procedures and possibility to

perform debriefing interviews, which are also addressed in this Article and in the definition of

‘debriefings’.

In addition, the Article specifies how the Agency may assist Member States in combatting

cross-border crime at the external borders of the Union, including through operational

support, possible use of executive powers, and improved situational awareness. It also reflects

hybrid threats.

Furthermore, the Article tasks the Agency with supporting the Member States in

implementing the Union’s visa policy and in the prevention of abuses by third-country

nationals of short-stay and long-term visas to the EU and abuses in relation to residence

permits.

Finally, it leverages the Agency’s expertise in the area of integrated border management, by

promoting an expanded involvement of the Agency in the implementation of Union projects

on border management in third countries. This ensures the effectiveness of these projects, on

one hand, and promotes coordination, synergies and cost-efficiency, while avoiding

duplications of EU-funded efforts.

Articles 15 to 17 enhance the security of information exchange, including within EUROSUR,

by upgrading the communication network and establishing a security accreditation

structure. The communication network will enable the secure, near-real-time exchange of

sensitive non-classified and EU classified information across the EBCG. The Security

Accreditation Authority will cover systems within the Agency, while the Security

Accreditation Board will cover the European and external components of EUROSUR and

related systems and applications.

This effort is complemented by various amendments to Articles concerning EUROSUR,

namely Articles 21-31. Articles 21 and 22, specifically concerning the purpose and the

scope of EUROSUR as the EBCG integrated framework for the exchange of information and

for operational cooperation, are expanded to include incident reporting concerning threats of

hybrid nature at the external borders.

Article 26 reinforces the mechanism of monitoring of EUROSUR, allowing the executive

director to act in case of identified shortcomings in data reporting, when large-scale inflow of

people is detected at the borders or when monitoring online platforms identifies migratory

threats.

Articles 27 and 29 complete this streamlined approach by reiterating the new additional focus

on hybrid threats and later explicitly calling for the introduction – into the European

Situational Picture that is accessible to, and populated by, the EBCG as a whole – of data

derived from activities, including monitoring of online platforms. Moreover, Article 28

dedicated to the national situational pictures clarifies that events and incidents should be

reported in EUROSUR within 24 hours. The proposed approach aims to deliver significant

added value in terms of data quality and situational awareness. The EUROSUR framework

itself is kept separate from personal data processing activities (except in clearly defined,

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exceptional circumstances, as is already the case), and the Agency is tasked with enriching

and complementing the European Situational Picture with aggregated, anonymised, statistical

data that may derive from processes, performed outside the EUROSUR framework, that may

entail processing of personal data, such as analysis of debriefing interviews or the monitoring

of online platforms. This approach will transform the European Situational Picture into an

even more effective and broadly applicable situational awareness and preparedness tool.

Article 29 extends access to the European Situational Picture to the Commission and

relevant JHA Agencies, as well as EFCA and EMSA, to facilitate greater interoperability and

better cooperation among relevant EU bodies and Agencies.

Similarly, in Article 31, the Agency is explicitly mandated to provide information derived

from its EUROSUR fusion services, such as aerial surveillance and satellite imagery, to the

Commission, the EEAS and the aforementioned Agencies, upon their request, thus

significantly improving the quality of the data and available information. The Agency may

also use relevant surveillance tools on its own initiative to collect pre-frontier information for

the European situational picture. However, in cases of potential crisis situation, certain

measures, such as the timeliness of reporting and monitoring of EUROSUR as well as the use

of EUROSUR fusion services, will be further reinforced.

In accordance with new Article 32 on advance warning mechanism, the Agency will

contribute to the monitoring of the security of external borders or migratory flows when

Member States report deterioration of the situation at their external borders. In such cases, the

reporting will be immediate, alerts will be issued in the European Situational Picture for all

Member States to become aware, and the Agency will have the possibility to launch the

EUROSUR fusion services over the external border section under pressure, in consultation

with the Member State concerned. As a consequence, a joint operation or border intervention

may be activated. These additional measures aim to reinforce the early warning dimension of

EUROSUR and provide additional tools to deter any potential crisis.

Article 33 sets up an Online monitoring and response centre, to allow the Agency to

contribute to situational awareness and better inform the decision makers at EU and national

level on incidents originating in online activities, which could potentially affect the

management of external borders and migration policy. This will include the possibility to

notify online platforms of illegal content on their services, with Frontex acting as a trusted

flagger in accordance with the Digital Services Act (DSA), as well as the possibility to ask

national competent authorities to issue removal orders in line with the relevant DSA

provisions. The new centre will also cooperate closely with other relevant EU Agencies and

bodies to ensure coordination and complementarity of efforts.

Article 34 strengthens the Agency’s risk analysis by providing for general, tailored and

strategic risk analysis products, extending its coverage to return, hybrid threats and relevant

developments in third countries, and linking it more closely to the EIBM policy cycle and

integrated planning.

The Agency’s vulnerability assessment is strengthened in Article 37 to enhance its scope,

clarity, and effectiveness. The vulnerability assessment will explicitly cover return, including

the implementation of the return border procedure, Member States’ capacity to manage large-

scale arrivals and return operations within legal deadlines, and the monitoring of the quality of

data fed into EUROSUR. The Article also introduces the possibility for the Agency to

perform vulnerability assessments in third countries, upon a request by that third country,

which would lead to recommendations helping third countries improve their integrated border

management and/or return frameworks. Lastly, the Article better links the vulnerability

assessment and the Schengen evaluation mechanisms.

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Articles 41-53 that govern the Agency’s activities at the external border aim to optimise and

clarify the existing framework. The border intervention is revised to allow for the executive

director to activate the new European border and return reserve in exceptional situations.

Operational plans must better reflect vulnerability assessments and Schengen evaluations,

and, where relevant, support cooperation with national civil protection authorities, including

in natural disasters. Article 46 on proposed actions at external borders introduces the

possibility for the management board to issue a recommendation, based on a proposal from

the executive director setting out, where necessary, operational actions to be taken by the

Member States concerned, together with the timeframe for their implementation. This

provision strengthens the tools available to the Agency to ensure an effective protection of

external borders in cooperation and with transparency towards other Member States.

The new Article 48 lays down specific arrangements for the Agency’s operational response in

situations of crisis at the external borders, as defined in Regulation (EU) 2024/1359. It

enables the Executive Director to recommend to the Member State concerned to request the

Agency to initiate, reinforce or adapt operational support, including through joint operations,

border interventions or other relevant actions under Article 41. The Member State is required

to respond within a short deadline, reflecting the urgency inherent in crisis situations. To

ensure a swift and effective reaction, the Article provides that the Agency should prioritise the

deployment of officers from the European border and return reserve already present in the

Member State concerned, as well as from the Agency’s quick reaction force. It also allows the

Agency to provide technical and operational support without requiring the immediate formal

revision of an existing Operational Plan or the negotiation of a new one, thereby reducing

procedural delays in emergencies. Given the urgent nature and complexity of such

deployments, the Article foresees that monitoring of compliance with fundamental rights is to

be carried out ex post, thus ensuring adequate focus on response and adjusting monitoring to

operational needs in exceptional circumstances, while leaving the Member States a possibility

to request the earlier involvement of the fundamental rights monitors. The Article ensures

accountability and institutional oversight by requiring the Agency and the Member State

concerned to report to the Management Board, within one month of the declaration of the

crisis situation, on progress regarding the update of the existing or the preparation of a new

Operational Plan.

Under Article 52, the potential decision by the executive director to terminate or suspend a

Frontex joint operation in whole would carry significant impact for both the Agency and the

concerned Member State. For example, for the Agency, such decision may create pressure to

justify its absence from a situation affected by significant migratory pressure. The Member

State concerned would be forced to deal with the migratory pressure without the technical and

operational support provided by the Agency. This scenario differs markedly, in terms of scale

and operational impact, from smaller-scale scenarios where Frontex may suspend an activity.

Therefore, the regulation is revised to require the executive director to consult the

Management Board in this case, contributing to better informed decision-making and

responsibility-sharing among the EBCG.

Articles 54-65, concerning the role of the Agency in return, have been significantly

overhauled to address existing gaps in coordination, planning and operational needs. The

Agency is given a key role in the common system for returns, starting with the establishment

of a Return Coordination Centre within Frontex with tasks including the collection and

analysis of operational information on return, supporting the planning and coordination of

reintegration assistance, regularly sharing information on planned return operations with the

Member States to maximise cost-effectiveness and efficiency, and drawing up and

maintaining the already-existing rolling operational plan for return. The proposed changes are

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intended to strengthen the Agency’s ability to anticipate needs, coordinate available resources

and provide comprehensive operational support, thereby contributing to a more effective and

coherent implementation of the common system for returns.

Moreover, Member States will be required to provide Frontex with clearer and more

indicative and quantifiable planning data on return, allowing the Agency to develop a more

reliable picture of expected return need and better organise its resources to support returns

from the Union. This data will also be shared with the Commission. More systematic and

forward-looking planning will allow resources to be deployed where they are most needed

and will improve the Union’s ability to anticipate fluctuations in return needs. With regard to

the provision of technical and operational assistance on returns from the Union, Article

55 is significantly expanded and complements Article 59 to effectively turn Frontex into the

Union actor in all aspects and phases of return procedures, from European-level

coordination to return counselling to reintegration assistance and all activities in between.

This broader role is intended to provide greater continuity across the different stages of the

return process, reducing fragmentation between activities and enabling the Agency to provide

more coherent operational support to Member States.

In parallel, this enhanced role is matched with a significant role for the Agency in the

digitalisation of the area of return,which is intended to address the current fragmentation of

return case management and information exchange and provide the Union with a more

integrated digital infrastructure supporting the return process. This starts with the task to

manage and further develop the RECAMAS model (the Frontex-developed reference

blueprint designed to support Member States build, upgrade and harmonise their IT systems

for return) to develop and manage the Frontex RECAMAS (an off-the-shelf IT system based

on the RECAMAS model), the integrated Union readmission case management system

(iRCMS), and the Union reintegration case management system (RIAT), in line with the

Commission proposal for a Regulation on digitalisation of return, readmission and

reintegration. Frontex is also tasked with operating an integrated return management platform

that is connected to the aforementioned systems, in order to cement the Agency’s central role

in the coordination of return activities from the Union. The need to prioritise returns in the

context of the Return Border Procedure is also explicitly mentioned.

The Agency’s role in the provision of reintegration assistance is also elevated in order to

address the current fragmentation of reintegration support and make better strategic use of the

resources and programmes available at Union and national level. Frontex will be responsible

for identifying the Member States’ reintegration-related needs, coordinating the provision of

reintegration to returnees departing from the EU, not only among Member States but also with

all partners involved in the delivery of reintegration, including in third countries, developing a

Union-level reintegration programme, and facilitating the referral of returnees to relevant

development programmes in third countries. Overall, this endeavours to not only significantly

increase the effectiveness of existing programmes, eliminating loopholes or wasteful

duplications, but also contribute to long-term reintegration.

Articles 57 and 58 contribute to the Agency’s enhanced role in the digitalisation of return, by

tasking the Agency with continuing to operate but also further develop the Integrated Return

Management Platform (IRMA) and establishing its role in relation to the Schengen

Information System. Article 58 also establishes a SIRENE office within the Agency,

strengthening the Agency’s access to, and exchange of, relevant SIS alerts on return and for

refusal of entry and stay, enhancing the Agency’s situational awareness.

Articles 63 and 64 give Frontex a mandate to support return activities departing from

third countries. This represents an entirely new set of tasks and responsibilities for the

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Agency, consisting of technical and operational assistance depending on the specific

circumstances. Such assistance can be provided in two cases. Firstly, when assisting the third

country with returns that are based on a return decision of a Member State, provided this is in

the strategic interest of the Union. Secondly, when assisting the third country with

implementing an individual obligation to leave under its national law, covering: countries that

have been granted the status of candidate country for accession, countries bound by the

European Convention on Human Rights, countries designated as ‘safe third countries’ at

Union level, and other countries provided that there is clear EU interest. In all cases, the

Agency’s operational assistance can be provided only based on a Union level international

agreement specifying the scope of the Agency’s assistance, the safeguards, the tasks and

powers of the members of the return teams, and their privileges and immunities. Article 64

outlines the minimum safeguards that such agreements should contain, such as the

commitment by the third country to respect international human rights standards and the

principle of non-refoulement. In addition, it may be necessary to include other or more

detailed safeguards depending on the third country’s level of alignment with EU rules and

standards.

Article 65 completes this new framework by explicitly mandating cooperation with third

countries on return to be in line with Union policy priorities. The Article requires that all

resource-related implications of such operational cooperation – and their foreseen impact on

the Agency’s ability to support returns from the Union, which remains its main focus– be duly

considered before the Commission recommends to the Council to authorise it to negotiate an

agreement with a third country.

Articles 66-79 strengthen the Agency’s capabilities in order to ensure that the planned

increase in personnel is matched by interoperable, sustainable and readily deployable

operational capacity. The new architecture of the standing corps is proposed, with a reinforced

category 1 and a new European border and return reserve to support the European Border and

Coast Guard in the effective implementation of European Integrated Border Management and

the common system for return.

The concept of a European border and return reserve, an addition to the existing categories

is provided for in Article 70. It aims to create a truly integrated European border management

personnel that seamlessly links national and Frontex personnel. Over time, national authorities

could draw, at no extra cost, personnel with enhanced EIBM training in border management

and return, while strengthening cooperation with counterparts from other Member States. This

workforce would primarily perform national border management and return tasks, but with

the Agency’s coordination, it could also be mobilised to rapidly respond to developments at

the external border or in the area of return, helping to ensure a swift, qualified, and effective

response to challenges related to border and migration management. Apart from category 4,

which was already phased out as of 2025, the existing categories remain in place, with a

reinforced and more flexible category 1.

The proposal also makes the standing corps more flexible in its operational tasks, increasing

its effectiveness and improving the support Frontex can offer both in the field and at

headquarters. It further clarifies the executive powers of category 1 officers so they can better

support Member States and includes minor revisions to improve Agency’s planning and

continuity, such as extending the minimum category 3 deployment from one month to two.

Technical amendments also introduce more flexible training and qualification requirements

for officers not expected to perform border control tasks. This ensures that requirements

match actual duties rather than applying a standardised approach. The objective is to help the

Agency to recruit personnel with the necessary expertise to perform the wide range of tasks of

the Agency. For specialist functions, such as return coordination, intelligence analysis, or

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monitoring, the recruitment of experts must not be limited by requirements such as passing

standardised physical tests or demonstrating proficiency with a service weapon. This

improved approach will broaden the pool for recruitment and facilitate the acquisition of

expertise and talent.

Article 71 introduces into the Regulation the existing concepts of chain of command and

contingents, which Frontex is currently operationalising. This structure enables the creation

of geographical or thematic structures overseeing Frontex’s activities in specific areas at the

EU external borders and third countries, to ensure a more consistent implementation of the

Agency’s operational and logistical activities by bringing the operational coordination closer

to the operational area, and facilitate cooperation between the Agency and the host Member

State or third country. The already defined concept of antenna offices is further clarified in

Article 73, to ensure that it is embedded into the contingent management structure, thus

promoting the identification of synergies, ensuring cost-effectiveness, and avoiding

duplication of structures or reporting lines.

A new Article 72 is established to introduce the concept of quick reaction force, composed

of deployable standing corps officers who are equipped and trained to be rapidly deployed at

short notice and covering all operational areas at the EU external borders. Such quick reaction

force will be deployed almost instantly, for instance within 24 hours, based on a decision of

the executive director, for a time-limited deployment. It could be followed by a border

intervention, and subsequently a joint operation pending the amendment of the operational

plan. This will allow the Agency to respond immediately to urgent and unforeseen operational

needs, while ensuring gradual transition to other already existing mechanisms for operational

support. The Article further clarifies that, in such situations, the monitoring of compliance

with fundamental rights is to be carried out ex post as continuous on-site monitoring may not

be feasible due to operational urgency or access constraints. The existing mechanism whereby

Member States receive funding to support their contributions to the standing corps is being

reviewed in Article 74. While the overall objective of providing flexibility and alleviating the

impact on Member States remains unchanged, the revised model aims at defining a more

practical and simplified system, where the payment is based on effective contributions, rather

than the standing corps development, and better reflects the new architecture of the standing

corps.

The Articles 75 and 76 on training have been substantially revised to reflect the Agency’s

significantly expanded responsibilities as a central training centre for the EBCG, notably in

light of the new the European border and return reserve. Article 75 requires the Agency to set

up a uniform training framework for all standing corps officers and, where relevant and

requested, support the training of national officers, at both its headquarters and in cooperation

with Member States’ partnership academies. This comprehensive training framework includes

basic training for statutory staff, pre-deployment training for all participants of operational

activities, specialised and profile-specific training, including on use of relevant IT systems in

return, for forced return monitors and fundamental rights monitors. Frontex must work closely

with other Agenises, in particular the European Union Agency for Law Enforcement Training

(CEPOL), to maximise efficiency and conduct regular scenario-based, practical training

exercises, including with possible participation of candidate countries. Article 76 further

clarifies the training requirements for the European border and return reserve by

establishing a dedicated EIBM training curriculum, combining theoretical and practical

components, to ensure that reserve staff are fully prepared for their service in the national

authorities and potential deployments as category 2 or 3 officers, for border interventions or

return-related tasks.

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Article 77 strengthens the Agency’s role in acquiring and leasing technical equipment. It

allows Frontex to carry out, coordinate, and participate in joint procurement with Member

States or other Union entities, including for digital, analytical and, where appropriate, AI-

enabled tools, and where appropriate, to act as a contracting authority or central purchasing

body The Agency’s multiannual strategy will guide the development of state-of-the-art,

interoperable, and resilient capabilities and address critical dependencies. A detailed

implementation plan will cover procurement planning, life-cycle costs, staffing and training

implications and risk mitigation. Significant acquisitions or leases must also be based on a

needs and cost-benefit analysis.

Article 78 revises the technical equipment pool and clarifies co-ownership between the

Agency and one or more Member States. For jointly procured equipment, the participating

parties must agree in advance on registration in the pool and availability for Agency

operations. The revised rules also strengthen registration and availability requirements for

Union funded equipment and expand the information recorded for each asset, improving the

overview and predictability of deployable capabilities.

Article 80 strengthens the Agency’s role in research and innovation for border management

and return, aligning its activities with the multiannual strategic policy cycle for EIBM, the

capability roadmap and operational needs. The Agency may participate in and receive funding

under relevant Union programmes, support pilot projects and the testing and operational

uptake of new technologies, and promote coordination within the European innovation

ecosystem It must also take into account critical dependencies and European strategic

autonomy. The accompanying recital clarifies that the development, procurement, testing or

deployment of AI systems must comply with the AI Act and other applicable Union law,

including human oversight and fundamental rights safeguards. Artificial intelligence should

support, not replace, accountable human decision-making.

Article 81 on the European Travel Information and Authorisation System (ETIAS) Central

Unit was revised to task Frontex with supporting the Member States, upon their request, with

the manual verification of different identities in the context of the interoperability regulations,

and providing training to the Member States and to third countries on the detection of

fraudulent documents.

Articles 82-93 enhance the Agency’s external cooperation with partners by increasing the

effectiveness and flexibility of the current framework and by simplifying provisions deemed

obsolete or inadequate. For example, Article 82 removes the existing closed list of

international organisations with which Frontex can cooperate, providing instead a list of

priority partners with which the Agency may cooperate should there be an EU interest to do

so. This will allow the Agency to flexibly adapt to changing needs and to cooperate with

international organisations that may become increasingly important partners. Article 87

introduces the possibility for Frontex to support activities of Member States under

agreements with third countries. This means that, when a Member State agrees with a third

country to cooperate for instance along a shared border in accordance with the Schengen

Borders Code, the Agency will be explicitly allowed to deploy teams for technical and

operational assistance on both sides of the border, provided that an international agreement

defining this cooperation is in place. Oftentimes, these agreements take place in contexts

where bilateral cooperation is necessary or provides operational value. Despite this, at present,

where such bilateral agreements are in place, Frontex is excluded by a legislative oversight

that this proposal rectifies. This extends the spectrum of circumstances in which the EU,

through Frontex, can support the Member States and partner third countries on the safe and

effective management of the external borders. Article 88 enhances the Agency’s flexibility to

cooperate with third countries. In addition to the possibility of concluding broader status

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agreements, the provision introduces the option of more targeted status agreements with third

countries, tailored to specific operational needs and geographical scopes, where a full-scale

agreement is not necessary. This will help reduce the time and resources needed to negotiate

such agreements and will make cooperation more focused and agile. Moreover, the Agency is

also tasked with implementing Union projects in third countries in its areas of competence,

with a view to avoid duplications of efforts and ensuring strategic alignment in the Union’s

outreach and support to third countries.

Article 90 clarifies the Agency’s cooperation with third countries for the purposes of

EUROSUR, reflecting third countries’ interest in incorporating EUROSUR in their

prospective cooperation with Frontex. Such cooperation would mean that, on the one hand,

the EBCG would have access to first-hand information on the migratory situation in a given

third country, and on the other, third countries would benefit from the services offered by

Frontex to improve their border management. Moreover, such cooperation will ensure that the

standards for information exchange in EUROSUR agreed at the EU level would be

implemented by partner third countries. The greatest advantage of such cooperation is the

even greater situational awareness across the globe, particularly concerning migratory flows

towards the EU which will be more effectively monitored and analysed through a whole-of-

route approach.

Article 91 reinforces the Commission’s strategic guidance and oversight on the Agency’s

engagement with third countries, including by specifying the requirements for the model

status agreement and working arrangement, and introducing a new framework for Frontex

support to bilateral or multilateral agreements on shared border crossing points. Article 92

updates the provisions governing Frontex liaison officers, explicitly providing for the

possibility to deploy liaison officers to support the Agency’s – and the Union’s – objectives in

the area of return.

Chapter III - Document Security, Identity Management, and Visa Support

Article 94 expands and clarifies the Agency’s responsibilities on the False and Authentic

Documents Online (FADO) system to address identified technical and operational obstacles

and provide greater clarity. To enhance the Agency’s role as a centre of expertise, Member

States are more clearly mandated with providing false, specimen, and authentic travel

documents so that the Agency can build a more complete library of such documents.

Appointed Agency staff is allowed to carry these authentic, specimen, and false documents, in

order to address operational and legal obstacles encountered in the implementation of the

current regulation and the transport of such documents for purposes such as training in

Member States. The Agency may perform compliance checks of travel and identity

documents, either upon request of the Commission or on request of a third party for a fee.

Overall, the Agency is expected to play a greater role in the detection of false documents by

coordinating Member States’ efforts, providing regular document security training, deploying

and maintaining document verification technology, and supporting partner third countries

with capacity building on document fraud detection to reinforce the Union’s internal security.

A new Article 95 establishes a Frontex Visa Support Office to support Member States’

authorities in the implementing visa policy. This includes providing relevant training on visa

policy and on the prevention of abuse, delivering risk analysis on trends, such as visa

shopping, visa abuses, document fraud in relation to visas, and the prevention and detection of

document fraud in relation to visa and residence permits. This new entity will offer support to

Member States in areas where there is a real added value to share practices and experience at

EU level such as trainings, risk analysis, fight against documentary fraud where informal

cooperation already exist at EU level but should be reinforced and better structured such a

EN 22 EN

support would strengthen the security dimension of EU visa policy, enhance prevention of

abuse before people reach the external borders, support a more consistent implementation of

visa rules by Member States. Building on the Agency’s broader expertise in integrated border

management, the new Visa Support Office will also improve information-sharing and

communication with Member States and other stakeholders on visa-related matters.

Chapter IV - General provisions

This Chapter features several technical amendments to reflect new concepts introduced

elsewhere, for example as regards return, or clarifications of existing tasks where their

implementation was affected by perceived lack of clarity, such as with regard to the

employment of executive powers by standing corps officers.

Section 1 defines general rules. Article 98 confirms the closure of an investigation by the

fundamental rights officer when findings determine the lack of involvement of any members

of the Frontex teams, while ensuring that, in case national border or coastal guards are

implicated in the incident, any relevant information on the incident in question will be

transmitted to the competent independent national bodies. This provision provides clarity on

the relevant procedures and ensures closer involvement of the relevant national authorities in

the monitoring of fundamental rights compliance at the borders of the Member State

concerned.

Section 2 provides simplification and greater effectiveness on processing of personal data,

without overhauling the existing framework, in particular to avoid imposing challenging

implementation processes upon the Agency. Article 103 introduces standardised rules on the

cooperation between the EDPS and national supervisory authorities, similar to those

governing such cooperation of other Agencies. Article 104 defines more clearly and flexibly

the purposes for which the Agency may process personal data by aligning them with the

lists of its tasks found in Article 11. The introduction of online monitoring among the

Agency’s tasks, with a defined purpose in situational awareness and risk analysis, also

dictates the clarification in this Article that this activity is not intended to lead to the

collection or storage of any personal data. Article 105 similarly provides clarity with regards

to the categories of personal data processable by the Agency. A significant amendment is

made by modifying an article on processing of personal data in EUROSUR. Article 106

clarifies that the processing of personal data is foreseen within EUROSUR in clearly defined

cases where it is exceptionally necessary for its purposes, rectifying existing confusion that is

connected to the ‘aircraft and vessel identification numbers’, but also by adding two other

exceptional situations: when protecting or saving lives of individuals and in case of imminent

threat to the integrity of the external borders.

Two new provisions are also inserted. Article 106 concerns the restriction of data subject

rights for the purpose of large-scale IT systems and their interoperability. Article 109

concerns the establishment of a new “hit/no-hit” system that will allow Europol to indirectly

query a dedicated Frontex database to determine whether the Agency may be in possession of

data relevant to the fulfilment of Europol’s mandate. A positive hit will confirm the necessity

of transmitting the relevant data, eliminating a persistent obstacle currently limiting data

exchange between the two Agencies. This framework will also promote full compliance with

data protection rules by ensuring that the necessity of a data transmission is clearly

established before data collected for other purposes is transmitted as operational personal data

to Europol.

Section 3 on the general framework and organisation of the Agency addresses certain

employment conditions of the standing corps category 1 deployable staff that hinder the

effectiveness of their performance during operations and have an impact on cost-efficiency. It

EN 23 EN

revises the existing deployment model, based on missions, to establish, as a general rule, the

place of deployment for statutory staff as their place of employment, rather than the seat of

the Agency. This builds a financially more sustainable and administratively less burdensome

approach. Furthermore, it aligns compensations for specific working conditions of the

standing corps officers’ (e.g. shift work, arduous working conditions) with the operational

reality of their deployments and therefore establishes a clear system that better reflects and

compensates hardship or more challenging working conditions and ensures equal conditions

for deployed staff. Additionally, the proposed revisions align the initial contract of statutory

staff to the length of their operational trainings, to more effectively take into account the

outcome of the compulsory training.

Article 118 is amended to better reflect the existing structure of the Agency, and to require

that the Agency’s support functions, including independent offices, receive appropriate

resources to perform their duties. The results of the evaluation of the current Regulation, as

well as consultation with relevant stakeholders, have highlighted persistent deficits in the

resources available to offices such as the Agency’s Inspections and Controls Office or Data

Protection Office, and this provision endeavours to communicate clearly the need to ensure

their adequate staffing and budgeting.

Article 119 on the functions of the Management Board features several technical

amendments to retain its steering and governance role across new or enhanced tasks of the

Agency, concerning in particular the Agency’s role in the area of return. It also clarifies a

number of already-existing responsibilities of the Management Board concerning, for

example, the appointment of the Agency’s data protection officer and internal audit capability

officer or its disciplinary authority over the Agency’s management and independent offices.

This is complemented by Article 121 that reinforces the Executive Board’s strategic role by

enabling it to meet in different configurations to discuss matters related to budgets and

accounts, EIBM, and return. To ensure that relevant experts are present in these

configurations, the Regulation foresees the possibility for the designated member of the

Executive Board to delegate the participation in a meeting in a particular configuration, with

modalities to be determined in greater detail in a Management Board decision. This will

strengthen the Agency’s steering role in areas, such as return and EIBM, by ensuring the

direct involvement of Member States’ practitioners in in the relevant decision-making

processes.

Article 129 clarifies that the monitoring of compliance with fundamental rights relates to the

operational activities carried out by the staff of the Agency. It also introduces a new provision

providing for the consultation of relevant national authorities in the context of investigations

concerning compliance with fundamental rights. These changes bring greater clarity to the

scope of monitoring activities and support a more consistent understanding of their

application, while ensuring closer involvement and responsibility of national authorities in

ongoing investigations.

Article 130 introduces a new mechanism to support the Agency’s monitoring of compliance

with fundamental rights based on a risk assessment prepared by the fundamental rights officer

in coordination with the executive director. This approach enables monitoring activities to be

organised in a more targeted and tailored manner, taking into account the identified risks,

thereby supporting the efficient use of monitoring resources and strengthening the preventive

framework that assists the Agency and Member States in ensuring compliance with

fundamental rights.

Chapter V – Final provisions

EN 24 EN

Article 143 reflects the necessary transitional provisions affected by the recast of this

Regulation.

A revised Annex I is introduced to reflect the capacity of the standing corps beyond 2027.

The table replaces the existing yearly target model with a bi-yearly target covering the next

MFF period, in order to give the Agency more flexibility, particularly given the need to

implement from scratch the new European border and return reserve concept. Annex IV

therefore also includes the foreseen contributions by Member State to the new European

border and return reserve within the next MFF period. Annex V on the use of force also

features various technical revisions to address persistent lack of clarity and incongruity in

existing provisions, without overhauling the existing framework that is otherwise largely

deemed effective. A correlation table is added in Annex VII.

EN 25 EN

 2019/1896

2026/0342 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the European Border and Coast Guard (recast)

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), points (b) and (d), and Article 79(2), point (c), thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee21,

Having regard to the opinion of the Committee of the Regions22,

Acting in accordance with the ordinary legislative procedure,

Whereas:

 new

(1) A number of amendments are to be made to Regulation (EU) 2019/1896 of the

European Parliament and of the Council23. In the interests of clarity, that Regulation

should be recast.

(2) In order to ensure legal continuity, this Regulation should preserve the legal effects of

measures adopted pursuant to the repealed Regulation. In particular, the European

Border and Coast Agency should continue functioning until amended, replaced or

repealed in accordance with this Regulation. The management board and executive

director should continue, for the remaining period of their respective term of office,

continue to exercise their duties and responsibilities.

(3) Pursuant to Article 67(1), (2) and (3) of the Treaty on the Functioning of the European

Union (TFEU), the Union is to offer its citizens an area of freedom, security and

justice in which the absence of internal border controls for persons is ensured, a

common policy on immigration and external border control are established, and a high

level of security is ensured through measures to prevent and combat cross border

21 OJ C . 22 OJ C . 23 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on

the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU)

2016/1624 (OJ L 295, 14.11.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/1896/oj).

EN 26 EN

crime, among others. Effective border management and an effective Union return

policy are mutually reinforcing and indispensable for the establishment of the area of

freedom, security and justice and proper functioning of the Schengen area. Those

policies, flanked by other measures, in particular as regards asylum, while ensuring the

effective management of migration in full compliance with international law and

Union law, including fundamental rights, should contribute to ensuring the proper

functioning of the Schengen area without internal border controls and maintaining a

high level of internal security within the Union.

 2019/1896 recital 1 (adapted)

The objective of Union policy in the field of external border management is to develop and

implement European integrated border management at national and Union level, which is a

necessary corollary to the free movement of persons within the Union and is a fundamental

component of an area of freedom, security and justice. European integrated border

management is central to improving migration management. The aim is to manage the

crossing of the external borders efficiently and address migratory challenges and potential

future threats at those borders, thereby contributing to addressing serious crime with a cross-

border dimension and ensuring a high level of internal security within the Union. At the same

time, it is necessary to act in full respect for fundamental rights and in a manner that

safeguards the free movement of persons within the Union.

 new

(4) The gradual establishment of an integrated border management is the objective of

Union policy that should be pursued at national and Union level. To ensure the

effective implementation of a European integrated border management (‘EIBM’), and

to support the implementation of the common system for returns, a European Border

and Coast Guard should be established and further developed. The European Border

and Coast Guard should be composed of the European Border and Coast Guard

Agency (‘Agency’), commonly referred to as Frontex, and the national authorities

responsible for border management, including coast guards to the extent that they

carry out maritime border surveillance operations and any other border control tasks,

and the national authorities responsible for return. As such, the European Border and

Coast Guard should rely upon the common use of information, capabilities and

systems at national level and the response of the Agency at Union level.

(5) The European Border and Coast Guard should pursue the objectives set out by the

TFEU by implementing the EIBM. EIBM should bring together, in a coherent

framework, border control, situational awareness, risk analysis, inter-agency and third-

country cooperation, return, quality-control mechanisms and solidarity measures. Its

implementation should be guided by the multiannual strategic policy cycle and

translated through integrated planning into operational preparedness, contingency

planning and the coordinated development and deployment of human and technical

capabilities. It should thereby contribute to effective management of the external

borders, the proper functioning of the Schengen area without internal border controls

and a high level of internal security, in full respect of Union and international law.

Within that framework, the common system for returns is an essential component of

EIBM and of the comprehensive approach set out in Regulation (EU) 2024/1351 of

EN 27 EN

the European Parliament and of the Council24 and Regulation (EU) 2026/2280 of the

European Parliament and of the Council25 . Border management, access to

international protection and return should operate coherently and in a mutually

reinforcing manner.

 2019/1896 recital 2 (adapted)

The European Agency for the Management of Operational Cooperation at the External

Borders of the Member States of the European Union was established by Council Regulation

(EC) No 2007/2004. Since taking up its responsibilities on 1 May 2005, it has been successful

in assisting Member States with implementing the operational aspects of external border

management through joint operations and rapid border interventions, risk analysis,

information exchange, relations with third countries and the return of returnees.

 new

(6) Within the European Border and Coast Guard, the Agency has an important role as

regards the management of external borders, which encompasses border checks and

border surveillance, combating cross-border crime and addressing threats of hybrid

nature. It is also a crucial actor in the implementation of the Union policy regarding

cooperation with third countries in the management of the external borders and return

and the central entity in the implementation of the common system for returns. The

European Border and Coast Guard Agency (the ‘Agency’), replaces the European

Agency for the Management of Operational Cooperation at the External Borders of the

Member States of the European Union, which was established by Council Regulation

(EC) No 2007/200426 and took up responsibilities on 1 May 2005. Since then, the

Agency successfully assisted Member States with implementing the operational

aspects of external border management and returns and other return-related activities.

Following this replacement, the tasks of the European Border and Coast Guard

Agency have been expanded with full continuity in all its activities and procedures.

 2019/1896 recital 3 (adapted)

 new

(7) The European Agency for the Management of Operational Cooperation at the External

Borders of the Member States of the European Union has been renamed the European

24 Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum

and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing

Regulation (EU) No 604/2013 (OJ L 1351, 22.5.2024, p. 1,

ELI: http://data.europa.eu/eli/reg/2024/1351/oj). 25 Regulation (EU) 2026/2280 of the European Parliament and of the Council of 7 October 2026

establishing a common system for the return of third-country nationals staying illegally in the Union,

and repealing Directive 2008/115/EC of the European Parliament and of the Council, Council Directive

2001/40/EC and Council Decision 2004/191/EC, OJ L, 2026/2280, 15.10.2026, ELI:

http://data.europa.eu/eli/reg/2026/2280/oj. 26 Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the

Management of Operational Cooperation at the External Borders of the Member States of the European

Union (OJ L 349, 25.11.2004, p. 1, ELI http://data.europa.eu/eli/reg/2004/2007/oj).

EN 28 EN

Border and Coast Guard Agency (the ‘Agency’), commonly referred to as Frontex,

and its tasks have been expanded with full continuity in all its activities and

procedures  To ensure  tThe key roles of the Agency  in the management of

external borders, cooperation with third countries and return, the Agency  should be

 conferred with the following tasks:  to establish a technical and operational

strategy as part of the implementation of the multiannual strategic policy cycle for

 EIBM  European integrated border management; to oversee the effective

functioning of border control at the external borders; to carry out risk analysis and

vulnerability assessments; to provide increased technical and operational assistance to

Member States and third countries through joint operations and border interventions;

to ensure the practical execution of measures in a situation requiring urgent action at

the external borders; to provide technical and operational assistance in the support of

search and rescue operations for persons in distress at sea  ; to strategically plan,

coordinate, and carry out return operations; to manage and operate a Union

reintegration programme, and provide assistance to Member State’s in all phases of

the return process, including with the implementation of the return border procedure;

and to support the digitalisation of all phases of the return, readmission and

reintegration processes; to support the competent national authorities, Europol, and

Eurojust in combating cross-border crime and threats of hybrid nature affecting the

management of external borders, to the extent allowed by the Agency’s mandate and

in the implementation of visa policy and prevention of abuses by third-country

nationals of short-stay and long-term visas to the Union and in relation to residence

permits  and to organise, coordinate and conduct return operations and return

interventions.

 2019/1896 recital 4 (adapted)

Since the beginning of the migratory crisis in 2015, the Commission has taken up important

initiatives and has proposed a series of measures with a view to strengthening the protection

of the external borders and restoring the normal functioning of the Schengen area. A proposal

for significantly enhancing the mandate of the European Agency for the Management of

Operational Cooperation at the External Borders was presented in December 2015 and

negotiated swiftly in 2016. The resulting regulation, Regulation (EU) 2016/1624 of the

European Parliament and of the Council27, entered into force on 6 October 2016.

 new

(8) The effective implementation of EIBM should be based on a shared responsibility of

the Agency and the national authorities responsible for border management, including

coast guards to the extent that they carry out maritime border surveillance operations

and any other border control tasks and the national authorities responsible for return.

Under this model, the Member States retain the primary responsibility for the

management of their external borders in their interest and in the interest of all Member

27 Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on

the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European

Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament

and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L

251, 16.9.2016, p. 1).

EN 29 EN

States. The effective implementation of the common system for returns should be

based on a shared responsibility between the European Border and Coast Guard

Agency and the national authorities responsible for return, where the Agency should

serve as the Union actor responsible for the strategic planning, prioritisation,

coordination and implementation of return operations, for forced and voluntary

returns, and other return-related activities, in line with the Union's migration policy

priorities and based on the operational needs of the Member States. Credible and

efficient return policies are an essential complement to asylum and border

management, helping to reduce illegal immigration and discourage unauthorised

movements, while remaining fully compliant with fundamental rights, the principle of

non-refoulement, and other obligations under Union and international law.

 2019/1896 recital 5

However, the Union framework in the areas of external border control, return, combating

cross-border crime, and asylum still needs to be further improved. To that end, and to further

underpin the current and future envisaged operational efforts, the European Border and Coast

Guard should be reformed by giving the Agency a stronger mandate and, in particular, by

providing it with the necessary capabilities in the form of a European Border and Coast Guard

standing corps (the ‘standing corps’). The standing corps should gradually but swiftly reach

the strategic target of having a capacity of 10000 operational staff, as set out in Annex I, with

executive powers, where applicable, to effectively support Member States on the ground in

their efforts to protect the external borders, to fight cross-border crime and to significantly

step up the effective and sustainable return of irregular migrants. Such a capacity of 10000

operational staff represents the maximum available capacity required to effectively address

existing and future operational needs for border and return operations in the Union and third

countries, including a rapid reaction capacity to face future crises.

 new

(9) To underpin current and future envisaged operational efforts, the European Border and

Coast Guard should be provided with the necessary capabilities in the form of a

European Border and Coast Guard standing corps (the ‘standing corps’). The standing

corps which should reach a capacity of 10 000 operational staff by the end of 2027,

should be further reinforced in order to effectively step up its support to Member States

in the harmonised implementation of EIBM, including the management of the external

borders and return, as well as to respond to the tasks resulting from the adoption and

implementation of the Pact on Migration and Asylum and of Regulation (EU)

2026/2280 creating the common system for returns. The strengthening of these

capabilities should be achieved through a revised architecture of the standing corps,

where, on one hand, the category 1 should increase to ensure the readiness of the

Agency to support new tasks at all times, based on diversified and reinforced profiles

and, on the other, a new European border and return reserve should be introduced,

where the highly trained professionals partially formed by the Agency and supported

by Union funds, reinforce the national capacities as regards border management and

implementation of the common system for returns. The European border and return

reserve should be composed of national officers who would remain at the disposal of

the Member States. While these officers should already be trained by their national

EN 30 EN

authorities, they would be offered an EIBM training provided by the Agency. Their

training and subsequent deployment would guarantee greater integration and

interoperability between the Member States and the Agency, as the reserve personnel

would help to deliver on EIBM-related tasks both in the service of their national

authorities and when participating in activities of the Agency by seamlessly joining

category 2 or 3, as well as in emergency situations under the activation rules applicable

to border interventions. The establishment and growth of the European border and

return reserve would over time enhance the effectiveness and efficiency of all European

Border and Coast Guard deployments, therefore maximising the impact of every

officers’ contribution thanks to the application of common standards, familiarity with

European Border and Coast Guard and Agency tools, equipment, and systems, and

greater interoperability. Under the modified architecture of the standing corps, and due

to the enhanced effectiveness delivered by the gradual introduction of the European

border and return reserve, the contributions of the Member States to categories 2 and 3

should remain unchanged, while category 4, already phased out as of 2025, should not

be reinstated.

(10) In accordance with the policy reference framework, Member States are encouraged to

fund, in their National and Regional Partnership Plans, measures aimed at achieving

continuous operational readiness and the capacity to contribute national staff

performing border management and return activities to the European border and return

reserve.Member States can also receive targeted assistance in the form of financial

incentives for each national officer who has undergone a training curriculum provided

by Frontex and put at the disposal of the European border and return reserve. In that

context, Member States may claim an amount of EUR 21 000 per officer trained with

the payment to be made when the corresponding milestone or target is fulfilled.

 2019/1896 recital 6 (adapted)

The Commission should carry out a review of the overall number and composition of the

standing corps, including the size of individual Member States' contributions thereto, as well

as of its training, expertise and professionalism. By March 2024, the Commission should,

where necessary, submit appropriate proposals to amend Annexes I, II, III and IV. Where the

Commission does not present a proposal, it should explain the reason therefor.

 new

(11) The European Border and Coast Guard should be provided with the technical

capabilities necessary to respond to evolving operational needs and to implement

effectively EIBM, including return-related means of transport and IT infrastructure.

 2019/1896 recital 7

 new

(12) The implementation of this Regulation, in particular the establishment of the standing

corps, including after the Commission's review of the standing corps, should be

subject to the multiannual financial framework.  To ensure the effective

implementation of EIBM and increase the efficiency of Union return policy through

EN 31 EN

the effective implementation of the Return Regulation, the European Border and Coast

Guard should be provided with the requisite financial and human resources and

equipment. 

 2019/1896 recital 8 (adapted)

In its conclusions of 28 June 2018, the European Council called for further strengthening of

the supportive role of the Agency, including in cooperation with third countries, through

increased resources and an enhanced mandate, with a view to ensuring effective external

border control and significantly stepping up the effective return of irregular migrants.

 new

(13) As the Union actor in the common system for returns, the Agency should coordinate

and support the application of Union measures relating to the management of the

external borders and return by reinforcing, assessing and coordinating the actions of

the Member States which implement those measures, while Member States remain

responsible for issuing return decisions. In particular, the Agency should strategically

plan and coordinate return operations from the Member States and other return-related

activities through a coordination centre, organise and carry out return operations, for

both voluntary and forced returns, as well as manage and operate a Union reintegration

programme. The Agency should also provide technical and operational assistance to

Member States relating to all stages of the return process, including counselling,

booking or arranging flights, assistance with the identification of third-country

nationals and issuance of travel documents in the context of requests for readmission,

organising return escorts and ground support at transit airports. When acting in the

area of return, the Agency should give priority to supporting returns in the context of

the border procedure referred to in Regulation (EU) 2024/1349 of the European

Parliament and of the Council28, in order to support them effectively and within the

deadlines set out in that Regulation.

 2019/1896 recital 9

It is necessary to monitor the crossing of the external borders efficiently, to address migratory

challenges and potential future threats at the external borders, to ensure a high level of

internal security within the Union, to safeguard the functioning of the Schengen area and to

respect the overarching principle of solidarity. Those actions and objectives should be

accompanied by the proactive management of migration, including the necessary measures in

third countries. To that end, it is necessary to consolidate the European Border and Coast

Guard and to further expand the mandate of the Agency.

28 Regulation (EU) 2024/1349 of the European Parliament and of the Council of 14 May 2024 establishing

a return border procedure, and amending Regulation (EU) 2021/1148 (OJ L, 2024/1349, 22.5.2024,

ELI: http://data.europa.eu/eli/reg/2024/1349/oj).

EN 32 EN

 new

(14) Member States should coordinate their activities related to return with the Agency. For

that purpose, Member States should share information and data with the Agency as

provided for in this regulation in a timely manner to ensure the Agency’s capacity to

coordinate and support Member States’ activities appropriately based on national

estimated needs with sufficient resources. To enable the Agency to prepare those

planning outputs and to anticipate operational needs in the field of return, Member

States should communicate their operational plans related to return to the Agency on

an annual basis. Where relevant, those plans should also indicate Member States’

priorities as regards the nationalities of returnees and specify the profiles of the

returnees concerned, such as rejected applicants for international protection, persons

with criminal convictions or other relevant categories.

 2019/1896 recital 10 (adapted)

 new

(15) When implementing  EIBM  European integrated border management,

coherence with other policy objectives should be ensured.  In particular, EIBM does

not alter the respective competences of the Commission, the European Union Customs

Authority and the Member States in the customs area, in particular regarding controls,

risk management and the exchange of information. Cooperation between the Agency

and the European Union Customs Authority should strengthen the complementarity of

border management and customs activities while preserving their respective

competences and the EUROSUR framework. Practical arrangements for verifying

requests and for the use and further disclosure of exchanged information should be

specified in a working arrangement between the agencies, respecting applicable

security requirements and requirements for originator’s consent. 

 new

(16) The Agency should carry out its tasks in accordance with the principle of subsidiarity

and without affecting the responsibilities of the Member States with regard to

maintaining law and order and safeguarding internal security. The Agency should

carry out its tasks without affecting the competence of the Member States as regards

defence. Member States should be able to cooperate at operational level with other

Member States or third countries at the external borders, including as regards military

operations with a law enforcement purpose, to the extent that that cooperation is

compatible with the actions of the Agency.

(17) Threats of a hybrid nature affecting the management of external borders comprise such

phenomena as instrumentalisation of migrants and weaponisation of migration,

disinformation, cyber incidents affecting border management systems or technical

infrastructure, interference with infrastructure relevant to border management, and

cross-border criminal activities forming part of a broader hybrid campaign, in line

with the mandate of the Agency. In relation to such threats, the Agency should support

the competent national authorities, within the limits of the tasks conferred on it by this

Regulation, including through situational awareness, risk analysis and technical or

EN 33 EN

operational assistance and, where appropriate, in cooperation with other competent

authorities. This activity should not affect the competence of Member States as

regards national security and defence.

(18) The instrumentalisation of migrants and weaponisation of migration by hostile state

and non-state actors, on the one hand, and cross-border migrant smuggling, on the

other, increasingly rely on online platforms and intermediary services to exploit and

amplify vulnerabilities at the Union’s external borders. Such actors may use those

platforms and services to disseminate misleading information, advertise smuggling

services, coordinate movements, recruit facilitators, provide logistical guidance, and

rapidly adapt their methods in ways that undermine the orderly management of

migration, threaten border security, and put the lives and safety of migrants at risk.

The cross-border nature, speed and scale of such online activities present a challenge

for the competent authorities and relevant Union bodies.

(19) In order to contribute to situational awareness, support the identification of emerging

trends, and facilitate a coordinated response, the Agency should be able to monitor

publicly accessible activities on intermediate service, including online platforms. Such

monitoring should therefore be limited in purpose and scope and performed to help

identifying online activities relevant for the management of external borders and

migration towards the Union. It should enable the Agency to inform the Commission

and the Council of increasing threats and to produce, complement and enrich its risk

analysis products. These new tasks relating to activities on intermediary services

should not involve phone searches or the collection of personal data. When carrying

out such monitoring, the Agency should neither collect, store nor otherwise process,

transmit or transfer personal data. Any risk analysis products containing information

derived from monitoring activities on intermediary services should include only

anonymised and aggregated data for statistical, risk analysis and situational awareness

purposes. These activities should be carried out within the limits of the Agency’s

mandate.

(20) Therefore, to deliver on these tasks, within the limits of the legal basis governing its

establishment, the Agency should develop a capacity to monitor the activities on

online platforms. The new structure should support the analysis of patterns, methods

and risks linked to the online dimension of the instrumentalisation of migrants and

weaponisation of migration and of cross-border migrant smuggling, in full respect of

Union and international law, including applicable rules on fundamental rights, data

protection, and the competences of the Member States and other Union bodies, offices

and agencies.

(21) Given its activities at the external borders, the Agency should contribute to preventing

and detecting terrorism and cross-border crime, such as migrant smuggling, trafficking

in human beings, document fraud, trafficking of drugs, stolen vehicles, trafficking

illicit goods and firearms, identification of cross-border criminal networks where it is

appropriate for it to act and where it has obtained relevant information through its

activities in relation to the management of the external borders. Such activities should

not affect the respective responsibilities of customs authorities and the European

Union Customs Authority under Regulation (EU) 2026/2108. It should also share with

the national authorities its own situational awareness and analytical outputs relevant

for combating terrorism and cross-border crime, such as risk analysis, analysis of

criminality in migratory flows and of open-source information pertinent to security. To

ensure an effective continuum of Union-level support in the fight against cross-border

crime and terrorism, the Agency should establish structured cooperation with Europol,

EN 34 EN

which is the Union agency responsible for supporting and strengthening Member

States' actions and their cooperation in preventing and combating serious crime and

terrorism. Such cooperation should foster the timely exchange of relevant information

and enhance operational synergies between the two agencies, thereby strengthening

the overall effectiveness of Union action in the fight against cross-border crime,

notably migrant smuggling and trafficking in human beings. The Agency should

cooperate with Europol to ensure that their respective tasks and activities are

complementary and to avoid duplication of efforts.

(22) The Agency, Europol, and Eurojust should cooperate in accordance with the principles

of sincere cooperation and mutual trust, to ensure that they remain mutually appraised

of one another’s respective priorities and actions, including through the transmission

of information, including personal data, where necessary and proportionate for the

performance of their tasks. In that context, the establishment of a “hit/no-hit” system

should provide a fast and efficient mechanism for Europol and Eurojust to determine

whether the Agency holds operational personal data’s relevant and necessary for the

performance of their respective mandates, and on that basis, to assess the necessity of

requesting the transmission of such data by the Agency in a targeted manner and in

compliance with the applicable data protection legal framework. That mechanism

should not in itself entail access to the underlying personal data, but should serve

exclusively to verify the possible existence of such data and to enable duly justified

requests where the conditions for transmission are fulfilled.

 2019/1896 recital 24

(23) The extended tasks and competence of the Agency should be balanced with

strengthened fundamental rights safeguards and increased accountability and liability,

in particular in terms of the exercise of executive powers by the statutory staff.

 2019/1896 recital 11 (adapted)

 new

(24) European integrated border management  EIBM   should be developed  ,

based on the four-tier access control model, comprises  comprising  measures in

third countries, such as under the common visa policy, measures with neighbouring

third countries, border control measures at the external borders, risk analysis and

measures within the Schengen area and return.  It should contribute, within the

scope of EIBM, to addressing migratory challenges along the entire migratory route,

including third countries of origin, transit and neighbouring third countries, measures

at external borders, and returns. 

 new

(25) Cooperation with third countries is an important element of EIBM. It should serve to

promote Union standards in border management and return, to exchange information

and risk analysis, and to facilitate the implementation of returns with a view to

increasing their efficiency. The Agency contributes, through its cooperation with third

countries under this Regulation, to an effective cooperation between third countries

EN 35 EN

and the EU Member States. The Agency should play a key role in supporting third

countries in the area of border management and return, including through the

deployment of the standing corps where such support is requested and required to

protect external borders and the effective management of the Union's migration policy.

Where relevant, the Agency should also provide assistance to third countries on

matters related to implementation of Union visa policy. Such cooperation may concern

training and sharing expertise on risks related to abuses of short-stay and long-stay

visas to the Union and in relation to residence permits, including on document fraud.

(26) As a part of the four-tier access control model, the Agency should provide support to

Member States in the implementation of the common visa policy and prevention of

abuses of short-stay and long-stay visas to the Union and in relation to residence

permits. To that end, the Agency should establish a Visa Support Office. The Visa

Support Office should provide assistance to the competent central authorities of

Member States and their consulates in third countries, and to Union delegations, with

the support of immigration liaison officers and liaison officers of the Agency, where

relevant. It should primarily prepare, maintain and make available to the competent

national authorities up-to-date risk analysis products relevant to the implementation of

the EU visa policy, and more broadly the identification of fraudulent documents and

material misrepresentation. It should also prepare and share ad-hoc risk analysis

reports focussing on specific third countries, identifying evolving trends in document

fraud for the purpose of obtaining short-stay and long-stay visas, any modus operandi

leading to abuses of short-stay and long-term visas to the Union and in relation to

residence permits, and visa misuse and fraudulent practices, including potential

situations where a third-country national seeks entry and residence in the territory of a

Member State for purposes other than those for which he or she applies to be admitted,

or in which a third-country national, after having been lawfully admitted and resided,

remains on the territory of a Member State beyond the period of authorised stay

without a legal right to do so. Where relevant, the support of the Visa Support Office

could be extended to third-country authorities, in particular for candidate countries.

The Visa Support Office should be sufficiently manned to provide close to real time

remote services to the competent national authorities to detect false documents. The

establishment of the Visa Support Office should not lead to the involvement of the

Agency in processing or issuing of individual visa applications or decisions thereon,

which remains the competence of the Member States.

(27) In order to facilitate a pivotal cooperation with third countries while addressing

migratory challenges along the entire migratory route, in particular in third countries

of origin, transit and third countries neighbouring the Schengen area, the Agency

should deploy liaison officers from its own staff to ensure the most efficient possible

utilisation of its expanded role and capabilities. Since the nature and scope of

cooperation with third countries should take into account their geographical location,

as well as the role of that third country in effectively addressing migratory routes

towards the Union, it is necessary that distinct profiles of liaison officers be

established. The experts deployed as liaison officers should meet the specific

requirements of one or more of these profiles, which should cover inter alia border

management, returns and visa support related tasks, depending on the main area of

cooperation with the third country concerned.

(28) Cooperation with neighbouring third countries, and in particular candidate countries,

which for the purpose of this Regulation include third countries with whom

preliminarily negotiations have been initiated in view of future opening of the

EN 36 EN

accession process, without prejudice to positions of Member States on their status,

should be defined by close technical and operational cooperation and the provision of

reliable support by the Union, including the Agency. This support should ensure to

retain a focus on strengthening border management capabilities, supporting the

alignment with the Union’s acquis on migration, return, and visa policy, and

enhancing cooperation on readmission and return-related objectives.

 2019/1896 recital 12

European integrated border management should be implemented as a shared responsibility of

the Agency and the national authorities responsible for border management, including coast

guards to the extent that they carry out maritime border surveillance operations and any other

border control tasks, as well as the national authorities responsible for return. While Member

States retain the primary responsibility for the management of their external borders in their

interest and in the interest of all Member States and are responsible for issuing return

decisions, the Agency should support the application of Union measures relating to the

management of the external borders and return by reinforcing, assessing and coordinating the

actions of the Member States which implement those measures. The activities of the Agency

should complement the efforts of the Member States.

 2019/1896 recital 13 (adapted)

To ensure the effective implementation of European integrated border management and

increase the efficiency of Union return policy, a European Border and Coast Guard should be

established. It should be provided with the requisite financial and human resources and

equipment. The European Border and Coast Guard should be composed of the Agency and

the national authorities responsible for border management, including coast guards to the

extent that they carry out border control tasks, as well as the national authorities responsible

for return. As such it will rely upon the common use of information, capabilities and systems

at national level and the response of the Agency at Union level.

 2019/1896 recital 14

European integrated border management does not alter the respective competences of the

Commission and the Member States in the customs area, in particular regarding controls, risk

management and the exchange of information.

 2019/1896 recital 15 (adapted)

 new

(29) The development of policy and law on external border control and return, including

the development of a multiannual strategic policy for  EIBM  European

integrated border management,  in line with the policy and law on external border

control and return,  remains a responsibility of the Union institutions. Close

coordination between the Agency and those institutions should be guaranteed.

EN 37 EN

 2019/1896 recital 16 (adapted)

(30) The effective implementation of European integrated border management

 EIBM  by the European Border and Coast Guard should be ensured by means

of a multiannual strategic policy cycle. The multiannual cycle should set out an

integrated, unified and continuous process for providing strategic guidelines to all the

relevant actors at Union level and at national level in the area of border management

and return so that those actors are able to implement European integrated border

management  EIBM  in a coherent manner. It should also address all relevant

interactions of the European Border and Coast Guard with the Commission and other

Union institutions, bodies, offices and agencies, and cooperation with other relevant

partners, including third countries and third parties as appropriate.

 new

(31) In order to ensure a coherent implementation of EIBM, national strategies for EIBM

should be aligned with the multiannual strategic policy for EIBM and with the

technical and operational strategy established by the Agency. Member States should

therefore submit those national strategies to the Agency and to the Commission. The

submission to the Agency is necessary to allow it to assess the completeness and

consistency of those strategies and to support dialogue with the Member States

concerned. The submission to the Commission is necessary to enable it to monitor the

coherent implementation of Union policy priorities, including in view of the

programming and use of relevant Union funding instruments. That assessment should

not duplicate the Schengen evaluation and monitoring mechanism or the vulnerability

assessment.

(32) In order to ensure coherence, predictability and timely alignment between the main

planning strands of EIBM, the management board should adopt a multiannual EIBM

coordination scheme. That scheme should set common timelines for the preparation,

transmission, update and review of the main planning outputs provided for in this

Regulation, including national strategies for EIBM, contingency plans, national

capability development plans and the capability roadmap, as well as the relevant

strategic and operational outputs of the Agency. It should support a coherent planning

cycle at Union and national level and should take into account the strategic risk

analysis, relevant findings from vulnerability assessments and the Schengen evaluation

and monitoring mechanism, information available through EUROSUR and other

relevant strategic, operational and analytical information, without altering the

respective responsibilities of the Member States and the Agency under this Regulation.

It should not replace existing planning or programming documents or create additional

substantive planning obligations. By aligning the border management and return

planning strands, the scheme should facilitate coherent priority-setting and the

allocation of operational and budgetary resources in the Agency’s annual and

multiannual programming.

EN 38 EN

 2019/1896 recital 17 (adapted)

 new

(33) European integrated border management  EIBM  requires integrated planning

between the Member States and the Agency for border  management  and return

operations in order to prepare responses to challenges at the external borders, for

 supporting  contingency planning and for coordinating the long-term

development of capabilities both in terms of recruitment and training and in terms of

the acquisition and development of equipment.  In order to ensure that the integrated

planning process for border management and return is coherent, forward looking and

based on up-to-date operational and strategic information, the Agency should support

that process through its relevant annual and multiannual planning outputs, including

the single programming document. Those outputs should draw on risk analysis,

vulnerability assessments, information available in the framework of EUROSUR,

operational lessons learned, relevant technology and capability trends, and other

relevant strategic, operational and analytical information. They should contribute to

the preparation and update of operational planning, contingency planning and

capability development planning, without altering the respective responsibilities of the

Member States and the Agency under this Regulation. The integrated planning process

should also support the efficient allocation of resources and the development of

capabilities, including by informing the programming and use of relevant Union

funding instruments. 

 2019/1896 recital 18

(34) The Agency should develop technical standards for information exchange as provided

for in this Regulation. In addition, for the effective implementation of Regulation (EU)

2016/399 of the European Parliament and of the Council29, common minimum

standards for external border surveillance should be developed. To that end, the

Agency should be able to contribute to the development of common minimum

standards in line with the respective competences of the Member States and the

Commission. Those common minimum standards should be developed taking into

account the type of borders, the impact levels attributed by the Agency to each

external border section and other factors such as geographical particularities. When

developing those common minimum standards, possible limitations deriving from

national law should be taken into account.

 2019/1896 recital 19

(35) The technical standards for information systems and software applications should be

aligned with the standards used by the European Union Agency for the Operational

Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice

(eu-LISA) for other IT systems in the area of freedom, security and justice.

29 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union

Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L

77, 23.3.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/399/oj).

EN 39 EN

 new

(36) In order to support the implementation of the interoperability framework established

by Regulations (EU) 2019/81730 and (EU) 2019/81831 of the European Parliament and

of the Council, and to improve the efficient functioning of the multiple-identity

detector established by those Regulations, the Agency should, at the request of the

Member States, support them with the manual verification of different identities in

accordance with Article 29a of those Regulations. Such support should be provided

through the ETIAS Central Unit.

 2019/1896 recital 22

The Agency should carry out its tasks in accordance with the principle of subsidiarity and

without prejudice to the responsibilities of the Member States with regard to maintaining law

and order and safeguarding internal security

 2019/1896 recital 23

The Agency should carry out its tasks without prejudice to the competence of the Member

States as regards defence.

 2019/1896 recital 24

The extended tasks and competence of the Agency should be balanced with strengthened

fundamental rights safeguards and increased accountability and liability, in particular in terms

of the exercise of executive powers by the statutory staff.

 2019/1896 recital 25

 new

(37) The Agency relies on the cooperation of Member States to be able to perform its tasks

effectively. In that respect, it is important for the Agency and the Member States to act

in good faith and to exchange accurate information in a timely manner. No Member

State should be obliged to supply information the disclosure of which it considers

contrary to  it may harm  the essential interests of its security.

30 Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on

establishing a framework for interoperability between EU information systems in the field of borders

and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU)

2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and

Council Decisions 2004/512/EC and 2008/633/JHA (OJ L 135, 22.5.2019, p. 27,

ELI: http://data.europa.eu/eli/reg/2019/817/oj). 31 Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on

establishing a framework for interoperability between EU information systems in the field of police and

judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU)

2018/1862 and (EU) 2019/816 (OJ L 135, 22.5.2019, p. 85,

ELI: http://data.europa.eu/eli/reg/2019/818/oj).

EN 40 EN

 2019/1896 recital 26

 new

(38) Member States should also, in their own interest and in the interest of the other

Member States, contribute relevant data necessary for the activities carried out by the

Agency, including for the purposes of situational awareness, risk analysis,

vulnerability assessments and integrated planning. Equally, they should ensure that the

data are accurate and up-to-date and are obtained and entered lawfully. Where those

data include personal data, Union law on data protection should apply in full.

 Moreover, the quality of the information exchanged between the Member States

and the Agency, which should be ensured through standardisation, the automation of

the information exchange across networks and systems, and the timeliness of the

exchange of such information are prerequisites for the proper functioning of EIBM. 

 new

(39) EUROSUR is necessary to provide the European Border and Coast Guard a

framework for the exchange of information and operational cooperation between

Member States' national authorities and the Agency. EUROSUR provides national

authorities and the Agency with the infrastructure and tools needed to enhance their

situational awareness and to increase reaction capability at the external borders, but

also within the Schengen area and in the pre-frontier area, for the purpose of detecting,

preventing and combating illegal immigration, and cross-border crime and threats of

hybrid nature affecting the management of external borders, thereby contributing to

saving the lives of migrants and ensuring their protection. However, the provision of

situational awareness within the Schengen area should not lead to the Agency

performing or supporting operational activities at the internal borders of the Member

States. The Agency should provide the necessary assistance for the development and

operation of EUROSUR, including the interoperability of systems, in particular by

establishing, maintaining and coordinating EUROSUR.

(40) Personal data may only be processed in the framework of EUROSUR exceptionally,

such as in cases where the Agency is obliged to process personal data in emergency

situations, in particular to ensure the protection and saving lives. In this context, video

images of persons captured during such emergency situations could be processed,

including facial images, ship and aircraft identification numbers, geographical location

of ships and aircrafts, or data allowing to identify vulnerable groups, such as age,

gender, physical and mental state.

 2019/1896 recital 28

EUROSUR is necessary for the European Border and Coast Guard to be able to provide a

framework for the exchange of information and the operational cooperation between Member

States' national authorities and with the Agency. EUROSUR provides national authorities and

the Agency with the infrastructure and tools needed to improve their situational awareness

and to increase reaction capability at the external borders for the purpose of detecting,

preventing and combating illegal immigration and cross-border crime, thereby contributing to

saving the lives of migrants and ensuring their protection

EN 41 EN

 2019/1896 recital 29 (adapted)

 new

(41)  Member States should establish national coordination centres to exchange

information and cooperate within the framework of EUROSUR with other Member

States, third countries and with the Agency with respect to border surveillance and the

carrying out of border checks. It is essential for the proper functioning of EUROSUR

that all national authorities with a responsibility for external border surveillance under

national law cooperate via national coordination centres.  Member States should

establish national coordination centres to improve the exchange of information and

cooperation  cooperate   within the framework of EUROSUR  between

 with other  Member States  , third countries  and with the Agency with

respect to border surveillance and the carrying out of border checks. It is essential for

the proper functioning of EUROSUR that all national authorities with a responsibility

for external border surveillance under national law cooperate via national coordination

centres.  The role of the national coordination centre is without affecting the

competence established at national level with regard to planning and implementing

border control.   Member States can also make their national coordination centres

responsible for coordinating the exchange of information and for cooperation with

regard to other components of EIBM. The division of tasks between a national

coordination centres and a National Frontex Point of Contact should be determined in

the EUROSUR Handbook, in close cooperation with Member States and the

Agency. 

 2019/1896 recital 30 (adapted)

The role of the national coordination centre to coordinate and exchange information among all

authorities with a responsibility for external border control at national level is without

prejudice to the competence established at national level with regard to planning and

implementing border control.

 2019/1896 recital 35 (adapted)

 new

(42) Air border surveillance should be an element of border management since both

commercial and private flights and remotely piloted aircraft systems are used for

illegal activities related to immigration, andcross-border crime  and various types of

threats of hybrid nature, such as by targeting border infrastructure  . Air border

surveillance aims to detect and monitor such suspicious flights crossing or intending to

cross the external borders and to perform related risk analysis with a view to triggering

reaction capabilities by the competent authorities of the Union and the Member States.

For that purpose, inter-agency cooperation at Union level should be promoted between

the Agency,  the entity being appointed  the Network Manager of the European

Air Traffic Management Network (EATMN) and the European Union Aviation Safety

Agency (EASA)  , but also at the national level involving civil and military

authorities  . Where relevant, Member States should be able to receive information

EN 42 EN

on suspicious external flights and react accordingly. The Agency should monitor and

support research and innovation activities in that area.

 2019/1896 recital 36 (adapted)

 new

(43) The reporting of events  incidents  related to unauthorised secondary movements

 , unauthorised border crossing, cross-border crime and threats of hybrid nature

affecting the management of external borders and other events  in EUROSUR

will should  contribute to the monitoring by the Agency of migratory flows

towards and within the Union for the purpose of risk analysis and situational

awareness.  It should also contribute to improvement of the prevention of illegal

immigration and cross-border crime at Union level. The access of the Commission and

other Union Agencies operating in the area of freedom, security and justice, as well as

EMSA and EFCA to the European situational picture should bring added value to the

Union’s preparedness for the existing and upcoming threats.  The implementing act

laying down the details of the information layers of the situational pictures and the

rules for the establishment of specific situational pictures should further define the

type of reporting to best meet this objective.  An impact level attributed to each

reported event or incident by a national coordination centre contributes to the

assessment of the impact level assigned to a given border section by the Agency. The

security at the external borders has a major impact on the vulnerability of a given

border section as well as on the overall situation at Union level. Therefore, any

incidents related to threats to physical security of the border guards or coast guards

performing border management tasks or the security of the border infrastructure at the

border crossing point or between them, should be reported in EUROSUR. 

 new

(44) Events and incidents may require urgent action to be taken. It must therefore be

possible to report them in a timely manner in order to allow a timely response to such

events. In principle, a report on an event or incident should be sent as soon as it is

detected, and no later than 24 hours after the detection. However, in case of a

significant deterioration of the situational at a given border section, namely when

reported events are likely to have an impact on the external border, the Member State

concerned should provide the Agency with adequate information in real time which

should be followed by an adequate alert in the European situational picture for other

Member States to be aware of the changes in the migratory situation at the given

border section. The same procedure should apply to incidents having an impact on the

situation at the external borders. In case of a deterioration of a situation at a given

external border section, the Agency should launch EUROSUR fusion services

following consultation with the Member State concerned and ensure regular

monitoring of the situation. This Member State is informed immediately once any

atypical behaviour or trend is observed during this process.

EN 43 EN

 2019/1896 recital 37 (adapted)

 new

(45) The EUROSUR fusion services  are a coordinated suite of advanced monitoring and

Earth observation tools managed and  supplied by the Agency. They build on should

be based on the common application of surveillance tools and inter-agency

cooperation at Union level, including the provision of Copernicus security services.

 Existing and future EU space systems may support the operations of the Agency

and the Member States through secure positioning, navigation and timing (Galileo,

LEO PNT) and secure connectivity (GOVSATCOM, IRIS2), including where

terrestrial systems are unavailable, subject to the applicable conditions for access to

those services.  EUROSUR fusion services should provide the Member States and

the Agency with value-added information services related to EIBM European

integrated border management which, when analysed together, complement the

situational picture of a specific area .EUROSUR fusion services should be expanded

to support border checks, air border surveillance and the monitoring of migration

flows. In order to improve the situational awareness and contribute to effective

cooperation on information exchange at Union level, EUROSUR fusion services are

made available to the Commission, the EEAS, other Union agencies operating in the

area of freedom, security and justice, EMSA and EFCA, in accordance with the agreed

working arrangements. The Agency should prioritise the provision of EFS in case of

requests from multiple entities. One of the elements to be considered is the impact

level on the relevant border section. Information acquired from the EFS should be

included in the European situational picture. By pooling demand and acquiring those

services centrally, the Agency can make them available more cost-efficiently than if

equivalent services were procured separately by each Member State or requesting

entity. During rapidly evolving situations at the external borders, the Commission

should be able to draw on relevant information and analysis available in the European

situational picture and on outputs from EUROSUR fusion services made available

under this Regulation to support Union-level migration preparedness, early-warning

and crisis-response arrangements, including the Migration Preparedness and Crisis

Blueprint and, where activated, the Integrated Political Crisis Response arrangements,

in accordance with the applicable access, security and classification rules.

 2019/1896 recital 38

 new

(46) The practice of travelling in small and unseaworthy vessels has dramatically increased

the number of migrants drowning at the southern maritime external borders.

EUROSUR  and the provision of EUROSUR fusion services for the surveillance of

maritime border and pre-frontier areas  should considerably improve the operational

and technical ability of the Agency and the Member States to detect such small vessels

and to improve the  situational awareness and  reaction capability of the Member

States, thereby contributing to reducing the loss of lives of migrants, including in the

framework of search and rescue operations.  Without affecting the division of

responsibilities for declaring and coordinating search and rescue activities, which is

EN 44 EN

defined in international law, the Agency should prioritise the provision of EUROSUR

fusion services in contexts where it is believed that such services can contribute to

saving lives. In such cases, the Agency and the requesting Member State(s) should

also cooperate proactively and in good faith to ensure that the provision of the service

is complemented with adequate maritime, aerial, and human operational capabilities to

contribute to saving lives at sea. 

 2019/1896 recital 27

 new

(47) The communication network established under this Regulation should be based on and

replace the EUROSUR communication network developed in the framework of

Regulation (EU) No 1052/2013 of the European Parliament and of the Council32 . The

communication network established under this Regulation should be used for all

secured information exchanges within the European Border and Coast Guard.  It

should also support, as appropriate, the communication and information sharing by

other information systems managed by the Agency for the purposes of this

Regulation.  The level of accreditation of  information sharing within  the

communication network should  reflect the operational needs of the Member States

and of the Agency and allow for the exchange of information in a multi-classification

environment, from sensitive non-classified information up  be increased to the

classification level of CONFIDENTIEL UE/EU CONFIDENTIAL in order to improve

information assurance between the Member States and with the Agency.

 new

As a general rule, the classification for the communication network should be

RESTREINT UE/EU RESTRICTED in order to ensure smooth and effective

information exchange between Member States and the Agency. However, where

justified by operational needs and the sensitivity of the information concerned,

specified components, services or exchanges using the communication network should

be able to handle EU classified information up to CONFIDENTIEL UE/EU

CONFIDENTIAL or the equivalent national classification level. This decision should

be taken by the management board on the initiative of a Member State or the executive

director, and following a thorough discussion within the management board and

consultation with the Security Accreditation Board. In such a situation, the adequate

security accreditation decisions taken by the Security Accreditation Board should

follow.

 new

(48) In order to ensure a coherent and secure operation of the communication network and

of the relevant communication and information systems managed by the Agency under

this Regulation, the authority responsible for their security accreditation should be

established. Building on the existing EUROSUR security accreditation architecture in

32 Regulation (EU) No 1052/2013 of the European Parliament and of the Council of 22 October 2013

establishing the European Border Surveillance System (Eurosur) (OJ L 295, 6.11.2013, p. 11).

EN 45 EN

accordance with Section 2 of Commission Implementing Regulation (EU) 2021/581,

the Security Accreditation Board should act as the security accreditation body for the

European and the external components of EUROSUR, and for information exchange

within the European Border and Coast Guard, without affecting the responsibilities of

the national security accreditation authorities of the Member States for their national

components.

(49) The Security Accreditation Board is an independent technical body exercising its

functions autonomously from the functions of the Agency’s management board. In

order for it to carry out all of its activities quickly and effectively, the Security

Accreditation Board should be able to set up appropriate subordinate bodies acting on

its instructions. In order to ensure that it is able to accomplish its tasks, it should also

be provided that Member States supply the Board with any necessary documentation,

grant access to classified information in the framework of the information system,

including EUROSUR, and supporting systems (including the Communication

Network) and to any areas falling within their jurisdiction to duly authorised persons,

and that they should be responsible at local level for the accreditation of the security of

areas that are located within their territory.

(50) Security accreditation decisions concerning communication and information systems

managed and used solely by the Agency, other than those falling within Article 17(2),

should be taken by the Security Accreditation Authority in accordance with the

security rules of the Agency.

(51) Given the specific nature and the complexity of some of the information systems or

frameworks, like EUROSUR, it is essential for the security accreditation activities to

be carried out in a context of collective responsibility for the security of the Union and

of the Member States, by making efforts to reach a consensus and by involving all

parties with an interest in security, and for permanent risk monitoring. It is also

imperative that technical security accreditation activities be entrusted to professionals

who are duly qualified in the field of accrediting complex systems and who have an

adequate level of security clearance.

 2019/1896 recital 31

This Regulation should not hinder Member States from also making their national

coordination centres responsible for coordinating the exchange of information and for

cooperation with regard to other components of European integrated border management.

 2019/1896 recital 32

The quality of the information exchanged between the Member States and the Agency and the

timeliness of the exchange of such information are prerequisites for the proper functioning of

European integrated border management. Building on the success of EUROSUR, that quality

should be ensured through standardisation, the automation of the information exchange across

networks and systems, information assurance and control of the quality of the data and

information transmitted.

EN 46 EN

 2019/1896 recital 33

The Agency should provide the necessary assistance for the development and operation of

EUROSUR, including the interoperability of systems, in particular by establishing,

maintaining and coordinating EUROSUR.

 2019/1896 recital 39

It is recognised in this Regulation that migratory routes are also taken by persons in need of

international protection.

 2019/1896 recital 40 (adapted)

 new

(52) The Agency should prepare general and tailored risk analyses based  in particular,

on the information and data shared by the Member States, other agencies, third

countries and international organisations obtained in the course of the operational

activities of the Agency and monitoring of media and internet activities, including

online platforms and open source information, within the limits of the Agency

mandate and in the context of the management of the external borders of the Union.

The risk analyses outputs should be developed based  on a common integrated risk

analysis model, to be applied by the Agency itself and by Member States. The Agency

should based also on information provided by Member States provide adequate

information covering all aspects relevant to  EIBM  European integrated border

management, especially border control, return,  and in particular returns stemming

from the return border procedure  the phenomenon of unauthorised secondary

movements of third-country nationals within the Union in terms of trends, volume and

routes, prevention of cross-border crime including facilitation of unauthorised border

crossings, trafficking in human beings, terrorism and threats of a hybrid nature

 affecting the management of external borders. The risk analyses should also focus

on the  situation in relevant third countries,  in particular identifying evolving

trends in the implementation of visa policy including document fraud, visa abuse, and

visa misuse and fraudulent practices) so as to allow for appropriate measures to be

taken or to tackle identified threats and risks with a view to improving the integrated

management of the external borders.  That risk analysis should support situational

awareness and the identification of strategic and operational risks, including in the

framework of EUROSUR. 

 2019/1896 recital 41 (adapted)

Given its activities at the external borders, the Agency should contribute to preventing and

detecting cross-border crime, such as migrant smuggling, trafficking in human beings and

terrorism, where it is appropriate for it to act and where it has obtained relevant information

through its activities. It should coordinate its activities with Europol, which is the agency

responsible for supporting and strengthening Member States' actions and their cooperation in

preventing and combating serious crime affecting two or more Member States. The cross-

EN 47 EN

border dimension is characterised by crimes that are directly linked to unauthorised crossings

of the external borders, including trafficking in human beings or smuggling of migrants. In

accordance with Council Directive 2002/90/EC33, Member States are able to decide not to

impose sanctions where the aim of the behaviour is to provide humanitarian assistance to

migrants.

 2019/1896 recital 42

(53) In a spirit of shared responsibility, the role of the Agency should be to monitor

regularly the management of the external borders, including the respect for

fundamental rights in the border management and return activities of the Agency. The

Agency should ensure proper and effective monitoring not only through situational

awareness and risk analysis, but also through the presence of experts from its own

staff in Member States. The Agency should therefore be able to deploy liaison officers

to Member States for a period of time during which the liaison officer reports to the

executive director. The reports of the liaison officers should form part of the

vulnerability assessment.

 2019/1896 recital 43

 new

(54) The Agency should carry out a vulnerability assessment based on objective criteria to

assess the capacity and readiness of the Member States to face challenges at their

external borders and to contribute to the standing corps and technical equipment pool.

The vulnerability assessment should include an assessment of the equipment,

infrastructure, staff, budget and financial resources of Member States as well as their

contingency plans to address possible crises at the external borders  and return as

part of the common system for returns .  It should also include EUROSUR data

quality which should contribute to significant progress in the provision of accurate and

complete data by member States for the development of up-to-date, comprehensive

and complete situational picture and thus reliable situational awareness. Member

States should ensure that classification level of the information shared in the

vulnerability assessment enables the effective use of vulnerability assessment in the

multiannual EIBM coordination scheme and integrated planning outputs and building

synergies with Schengen evaluation mechanism.  Member States should take

measures to address any deficiencies identified in that assessment. The executive

director should identify the measures to be taken and recommend them to the Member

State concerned. The executive director should also set a time limit within which those

measures should be taken and closely monitor their timely implementation. Where the

necessary measures are not taken within the set time limit, the matter should be

referred to the management board for a further decision.  The management board

should proceed on that matter as soon as possible, within the deadline prescribed in its

internal rules. 

33 Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry,

transit and residence (OJ L 328, 5.12.2002, p. 17).

EN 48 EN

 2019/1896 recital 44

If the Agency is not provided with the accurate and timely information necessary for carrying

out a vulnerability assessment, it should be able to take that fact into account when

performing the vulnerability assessment, unless duly justified reasons are provided for

withholding the data.

 new

(55) The vulnerability assessment should be also available to third countries which request

and agree to that, in particular the neighbouring third countries on the way of

accession., Any findings should be communicated to the designated national authority

in a third country for appropriate follow-up. Support of the Agency to neighbouring

third countries in the area of vulnerability assessment may contribute to more secure

external borders of the Union and better alignment of border management standards in

partner third countries. Such support may foster greater cooperation between the

Agency and partner third countries also in the area of risk analysis. The assistance to

third countries should complement the Agency's support for Member States in the

application of Union measures relating to the implementation of EIBM.

 2019/1896 recital 45 (adapted)

 new

(56) The vulnerability assessment and the Schengen evaluation mechanism established by

Council Regulation (EU) 2022/92234 1053/201335 are two complementary mechanisms

for guaranteeing Union quality control on the proper functioning of the Schengen area

and ensuring constant preparedness at both Union and national levels to respond to

any challenges at the external borders. While the Schengen evaluation  and

monitoring  mechanism is the primary method for evaluating the implementation of

and compliance with Union law in the Member States,  the vulnerability assessment

also plays an important role in ensuring compliance of capabilities in the Member

States and the whole European Border and Coast Guard community in that regard. The

synergies between the two mechanisms should continue to be enhanced so as to

contribute to a clear  the synergies between the vulnerability assessment and the

Schengen evaluation mechanism should be maximised with a view to establishing an

improved situational picture of the functioning of the Schengen area, avoiding, to the

extent possible, duplication of efforts on the Member States' side, and ensuring

the ensure  better-coordinated use of the relevant Union financial instruments

supporting the management of the external borders  and return  . For that purpose,

the regular exchange of information between the Agency and the Commission on the

34 Council Regulation (EU) 2022/922 of 9 June 2022 on the establishment and operation of an evaluation

and monitoring mechanism to verify the application of the Schengen acquis, and repealing Regulation

(EU) No 1053/2013 (OJ L 160, 15.6.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/922/oj). 35 Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring

mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive

Committee of 16 September 1998 setting up a Standing Committee on the evaluation and

implementation of Schengen (OJ L 295, 6.11.2013, p. 27).

EN 49 EN

 implementation and  results of both mechanisms should be established

 continue to be regularly maintained and further efforts should be made to ensure

closer coordination in the issuance, monitoring and closure of recommendations .

 The Agency should also develop its internal pool of experts to provide observers to

Schengen evaluation and monitoring activities from its staff under the profiles

indicated by the European Commission. All these elements should be addressed in the

existing cooperation arrangements between the Commission and the Agency. 

 2019/1896 recital 46

 new

(57) Given that the Member States establish border sections, to which the Agency attributes

impact levels, and that the reaction capabilities of the Member States and of the

Agency should be linked to those impact levels, a fourth impact level — the critical

impact level — should be established to be attributed to a border section on a

temporary basis where the Schengen area is at risk and where the Agency should

intervene.  However, not every ‘critical’ single indicative impact level of the

reported event in EUROSUR would amount to a ‘critical’ impact level attributed in

the end by the Agency to a given border section. The latter impact level is a sum of

single events that build a global, European, picture. 

 2019/1896 recital 47

(58) Where a high or critical impact level is attributed to a maritime border section due to

an increase of illegal immigration, the Member States concerned should take that

increase into account for the planning and conducting of search and rescue operations

since such a situation could generate an increase in requests for assistance for persons

in distress at sea.

 2019/1896 recital 20

(59) The implementation of this Regulation does not affect the division of competence

between the Union and the Member States or the 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 Organized Crime and its

Protocol against the Smuggling of Migrants by Land, Sea and Air, the 1951

Convention relating to the Status of Refugees, the 1967 Protocol thereto, the European

Convention for the Protection of Human Rights and Fundamental Freedoms, the

United Nations Convention relating to the Status of Stateless Persons and other

relevant international instruments.

EN 50 EN

 2019/1896 recital 21

 new

(60) The implementation of this Regulation does not affect Regulation (EU) No 656/2014

of the European Parliament and of the Council36. Sea operations should be carried out

in a way that, in all instances, ensures the safety of the persons intercepted or rescued,

the safety of the units that take part in the sea operation in question and the safety of

third parties.  For joint sea operations taking place in third countries under status

agreements, Regulation (EU) No 656/2014 is to be applied mutatis mutandis. 

 2019/1896 recital 48 (adapted)

 new

(61) The Agency should organise appropriate technical and operational assistance to

Member States in order to reinforce their capacity to implement their obligations with

regard to external border control and to face challenges at the external borders

resulting from an increased number of arrivals of irregular migrants or cross-border

crime. Such assistance should be without  affecting  prejudice to the relevant

national authorities' competence to initiate criminal investigations. In that respect, the

Agency should, either on its own initiative and with the agreement of the Member

State concerned or at the request of that Member State, organise and coordinate joint

operations for one or more Member States, deploy border management teams,

migration management support teams and return teams (collectively referred to as

‘teams’) from the standing corps and provide the necessary technical equipment.

 Border management teams, migration management teams and return teams can be

composed of one or more standing corps officers as the need may be. 

 2019/1896 recital 49 (adapted)

 new

(62) Where there is a specific and disproportionate challenge at the external borders, the

Agency should, either on its own initiative and with the agreement of the Member

State concerned or at the request of that Member State, organise and coordinate rapid

border interventions and deploy both teams from the standing corps  , including the

European border and return reserve,  and technical equipment, including from the

rapid reaction equipment pool. The rapid reaction equipment pool should contain a

limited number of items of equipment needed for possible rapid border interventions.

Rapid bBorder interventions should provide reinforcement for a limited period of time

in situations where an immediate response is required and where such an intervention

would provide an effective response. To ensure that such intervention is effective,

Member States should make  available  staff that they second to the Agency,

provide to the Agency for short-term deployment and deploy for the purposes of the

36 Regulation (EU) No 656/2014 of the European Parliament and of the Council of 15 May 2014

establishing rules for the surveillance of the external sea borders in the context of operational

cooperation coordinated by the European Agency for the Management of Operational Cooperation at

the External Borders of the Member States of the European Union (OJ L 189, 27.6.2014, p. 93, ELI:

http://data.europa.eu/eli/reg/2014/656/oj).

EN 51 EN

reserve for rapid reaction  registered in the European border and return  reserve

available to form relevant teams and provide the necessary technical equipment.

Where the crew deployed with the technical equipment of a Member State originates

in that Member State, it should count as part of that Member State's contribution to the

standing corps. The Agency and the Member State concerned should agree upon an

operational plan.

 2019/1896 recital 50 (adapted)

 new

(63) Where a Member State faces specific and disproportionate migratory challenges at

particular areas of its external borders characterised by large, inward, mixed migratory

flows, the Member States should be able to rely on increased technical and operational

reinforcements. Those reinforcements should be provided in hotspot areas by

migration management support teams. Those teams should be composed of

operational staff to be deployed from the standing corps and experts from the

European  Union Agency for  Asylum Support Office ( EUAA  EASO),

Europol and, where relevant, the European Union Agency for Fundamental Rights,

other Union bodies, offices and agencies, and Member States. The Commission should

ensure the necessary coordination of the assessment of needs submitted by Member

States. The Agency should assist the Commission in the coordination among the

different agencies on the ground. The Commission should, in cooperation with the

host Member State and relevant Union agencies, establish the terms of cooperation

 for the area of operation of the management migration support team  at hotspot

areas. The Commission should ensure the cooperation of the relevant agencies within

their respective mandates and be responsible for coordinating the activities of the

migration management support teams.

 2019/1896 recital 51

 new

(64)  It is recognised in this Regulation that migratory routes are also taken by persons in

need of international protection.  Member States should ensure that any authorities

which are likely to receive applications for international protection, such as the police,

border guards, immigration authorities and personnel of detention facilities, have the

relevant information. They should also ensure that such authorities' personnel receive

the necessary level of training which is appropriate to their tasks and responsibilities

and instructions to inform applicants as to where and how applications for

international protection may be lodged and instructions as to how to refer persons in a

vulnerable situation to the appropriate referral mechanisms.

 2019/1896 recital 52 (adapted)

In its conclusions of 28 June 2018, the European Council reconfirmed the importance

of relying on a comprehensive approach to migration and considered that migration is

a challenge not only for one Member State but also for Europe as a whole. In that

EN 52 EN

respect, it highlighted the importance for the Union of providing full support to ensure

an orderly management of migration flows.

 2019/1896 recital 53 (adapted)

(65) The Agency and EASO  EUAA  should cooperate closely in order to address

effectively migratory challenges characterised by large inward mixed migratory flows,

in particular at the external borders. In particular, the Agency and EASO

 EUAA  should coordinate their activities and support Member States to

facilitate procedures regarding international protection and the return procedure with

regard to third-country nationals whose applications for international protection are

rejected. The Agency and EASO  EUAA  should also cooperate in other

common operational activities such as shared risk analysis, the collection of statistical

data, training, and support to Member States in connection with contingency planning.

 2019/1896 recital 54 (adapted)

 new

(66) National authorities carrying out coast guard functions are responsible for a wide

range of tasks, which may include maritime safety, security, search and rescue, border

control, fisheries control, customs control, general law enforcement and environmental

protection. The Agency, the European Fisheries Control Agency (EFCA) and the

European Maritime Safety Agency (EMSA) should therefore strengthen their

cooperation both with each other and with the national authorities carrying out coast

guard functions to increase maritime situational awareness and to support coherent and

cost-efficient action. Synergies between the various actors in the maritime

environment  , including through the organisation of multipurpose operations,

capacity building and information sharing  should be in line with European

integrated border management  EIBM  and maritime security strategies  and

with the respective mandates of the agencies. For that purpose, EUROSUR fusion

services should be made available to EMSA and EFCA to complement the existing

cooperation on information exchange and information deriving from the Common

Information Sharing Environment (CISE) should be included in the European

situational picture .

 2019/1896 recital 55

In hotspot areas, the Member States should cooperate with the relevant Union agencies, which

should act within their respective mandates and powers, under the coordination of the

Commission. The Commission, in cooperation with the relevant Union agencies, should

ensure that activities in hotspot areas comply with relevant Union law and fundamental rights.

EN 53 EN

 2019/1896 recital 56

 new

(67) Where justified by the results of the vulnerability assessment  monitoring of

EUROSUR   or risk analysis or where a critical impact level has been temporarily

attributed to one or more border sections, the executive director of the Agency should

recommend to the Member State concerned to initiate and carry out joint operations or

rapid border interventions.  In the spirit of shared responsibility, the Member State

concerned should assess that recommendation. Where the Member State does not

intend to follow the recommendation, its reasoned negative response should be

referred for further assessment to the management board which may make

recommendations setting out, where necessary, the operational response and the time

limit for its implementation. 

 2019/1896 recital 57

 new

(68) Where external border control is rendered ineffective to such an extent that it risks

jeopardising the functioning of the Schengen area, either because a Member State does

not take the necessary measures in line with a vulnerability assessment or because a

Member State facing specific and disproportionate challenges at the external borders

has not requested sufficient support from the Agency or is not implementing such

support, a unified, rapid and effective response should be delivered at Union level. For

the purpose of mitigating these risks, and to ensure better coordination at Union level,

the Commission should propose to the Council a decision that identifies the measures

to be implemented by the Agency and requires the Member State concerned to

cooperate with the Agency in the implementation of those measures. The

implementing power to adopt such a decision should be conferred on the Council

because of the potentially politically sensitive nature of the measures to be decided,

which are likely to touch on national executive and enforcement powers. The Agency

should then determine the actions to be taken for the practical execution of the

measures indicated in the Council decision. The Agency should draw up an

operational plan with the Member State concerned. The Member State concerned

should facilitate the implementation of the Council decision and the operational plan

by fulfilling, inter alia, its obligations as provided for in this Regulation. If a Member

State does not comply with that Council decision within 30 days and does not

cooperate with the Agency in the implementation of the measures contained in that

decision, the Commission should be able to trigger the specific procedure provided for

in Article 29 of Regulation (EU) 2016/399 to address exceptional circumstances

 putting the overall functioning of the area without internal border control at risk .

 new

(69) Where the conditions necessary to carry out operations safely and in full compliance

with the applicable legal obligations are not met, such operations should be suspended

or terminated. Such important decision should be taken by the executive director after

consultation with the management board. Following the termination of the previous

EN 54 EN

operation, the host Member State may submit a new request for support. After

assessing the situation, including the circumstances that led to the termination of the

previous operation and the merits of the new request, the executive director may, after

consultation with the management board, approve the request.

 2019/1896 recital 58

 new

(70) The standing corps should be composed of four  three  categories of operational

staff, namely statutory staff, staff seconded to the Agency by the Member States for a

long term, staff provided by Member States for short-term deployments  ,

and national officers forming part of the European border and return reserve  staff

forming part of the reserve for rapid reaction for rapid border interventions.

Operational staff should consist of border guards, return escorts, return specialists, and

other relevant staff. The standing corps should be deployed in the framework of teams.

The actual number of operational staff deployed from the standing corps should

depend on operational needs.  The Agency should endeavour to recruit and retain

qualified staff from the broadest possible geographical background. In the spirit of

shared responsibility, the Agency should require the staff it employs, in particular the

statutory staff of the standing corps, including statutory staff deployed in operational

activities, to possess the equivalent level of training, special expertise and

professionalism as staff seconded or employed by the Member States. Therefore, the

Agency should review and evaluate whether its statutory staff conduct themselves

properly in operational activities in the field of border control or return. 

 2019/1896 recital 59

 new

(71)  In order to facilitate the cross-border deployment of the standing corps and the

Agency’s operational assets, the Union and the Member States should progressively

work towards greater administrative interoperability and practical recognition

arrangements, where appropriate, in areas such as firearm-related authorisations,

statutory technical inspections of vehicles and other operational compliance

requirements, without affecting the applicable national law of the host Member

State.  Operational staff deployed as members of the teams should have all the

necessary powers to carry out border control and return tasks, including the tasks

requiring executive powers, set out in relevant national law or in this Regulation.

Where statutory staff exercise executive powers, the Agency should be liable for any

damage caused.  To ensure the effective performance of their tasks, members of the

teams deployed in a Member State should be granted equivalent access rights to

relevant Union databases, such as the Schengen Information System (SIS), the Visa

Information System (VIS), and the Entry/Exit System (EES), under the same

conditions as the border guards of the host Member State. In particular, when acting as

designated border authorities in accordance with Article 9 of Regulation (EU)

2017/2226 of the European Parliament and of the Council37, they should be authorised

37 Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017

establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-

country nationals crossing the external borders of the Member States and determining the conditions for

EN 55 EN

to consult, enter, amend, and erase data in the EES, in full compliance with the EES

legal framework. 

 2019/1896 recital 60

Member States should contribute to the standing corps in accordance with Annex II for long-

term secondments and Annex III for short-term deployments. The individual contributions of

Member States should be established on the basis of the distribution key agreed during the

negotiations in 2016 on Regulation (EU) 2016/1624 for the purposes of the rapid reaction

pool and set out in Annex I to that Regulation. That distribution key should be proportionally

adapted to the size of the standing corps. Those contributions should also be established in a

proportionate way for the Schengen associated countries.

 new

(72) Category 1 operational staff can be deployed in the field or perform operational

activities at the headquarters. The place of employment of the statutory staff of the

Agency performing administrative functions should generally be the Member State

where the Agency’s seat is located. For statutory staff deployed as members of the

teams, the location of the deployment should as a general rule be considered as the

place of employment for the purposes of the Staff Regulations of Officials of the

European Union and the Conditions of Employment of Other Servants of the Union,

laid down in Council Regulation (EEC, Euratom, ECSC) No 259/6838. Taking into

account the specificities of deployments to third countries, statutory staff deployed to

third countries as well as to Schengen associated countries should maintain the place

of employment in the Member State where the Agency’s seat is located. Category 1

operational staff are required to perform duties under particular arduous working

conditions and following specific shift work arrangements that should be adequately

compensated. Those specific working conditions and arrangements should therefore be

duly taken into account in the relevant legislation. The Agency may adopt further

general implementing provisions to the Staff Regulations tailored to its operational

and organisational needs, considering the highly specialised and particular nature of

the mandate of the Agency and duties of its staff members, in line with the procedure

set out in Article 110(2) of the Staff Regulations.

 2019/1896 recital 61

(73) When selecting the numbers and profiles of staff to be indicated in the decision of the

management board, the executive director should apply the principles of equal

treatment and proportionality, in particular with regard to the national capabilities of

Member States.

access to the EES for law enforcement purposes, and amending the Convention implementing the

Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (OJ L 327,

9.12.2017, p. 20, ELI: http://data.europa.eu/eli/reg/2017/2226/oj). 38 OJ L 56, 4.3.1968, p. 1, ELI: http://data.europa.eu/eli/reg/1968/259(1)/oj.

EN 56 EN

 2019/1896 recital 62

(74) The exact timing for short-term deployments from the standing corps and for making

available technical equipment co-financed under the specific actions of the Internal

Security Fund or any other dedicated Union funding should be agreed between each

Member State and the Agency through annual bilateral negotiations, taking into

account capacity and proportionality. When requesting national contributions to the

standing corps, the executive director should apply as a general rule the principles of

proportionality and equal treatment of Member States with the aim of preventing

situations that would substantially affect the discharge of national tasks in one

Member State by requesting the deployment of the annual contributions of that

Member State in one particular period of four months. Such arrangements should

include the possibility for Member States to fulfil their obligations regarding

deployment periods by means of non-consecutive periods. With regard to short-term

deployments from the standing corps, Member States should also be able to fulfil their

obligations for short-term deployment in a cumulative manner, by deploying more

staff for shorter periods or by deploying the individual staff members for more than

four months in accordance with the planning agreed through annual bilateral

negotiations.

 2019/1896 recital 63

Without prejudice to the timely conclusion of the operational plan regarding sea

operations, the Agency should provide participating Member States, at the earliest

possible stage, with specific information on the relevant jurisdiction and applicable

law, in particular on the prerogatives of the commanders of ships and aircraft, the

conditions of the use of force and the imposition of restrictive or custodial measures.

 new

(75) In addition to the contribution to the standing corps in accordance with Annex II for

long-term secondment and Annex III for short-term deployments, which should

remain stable over time, Member States should contribute national officers to the

European border and return reserve. The Member States should ensure the vast

representation of different talents in the European border and return reserve including

border guards, return specialist, return escort or other relevant staff, in order to ensure

resilience and respond to evolving challenges. The individual contributions of Member

States should be established on the basis of the distribution key agreed during the

negotiations in 2016 on Regulation (EU) 2016/1624 for the purposes of the rapid

reaction pool, as updated in the Regulation (EU) 2019/1896. That distribution key

should be proportionally adapted to the size of the standing corps and reflected in

Annex IV. Those contributions should also be established in a proportionate way for

the Schengen associated countries. in accordance with Annex IV. While the members

of the European border and return reserve should primarily perform duties necessary

to implement the EIBM at national level, they could be convocated by the executive

director in case of an emerging and disproportionate need in the area of border

management or return, or a situation at the external borders requiring urgent action,

EN 57 EN

where other categories of the standing corps which are at the disposal of the Agency

turn to be insufficient or a specific professional expertise is indispensable to address

certain operational needs. The contribution of Member States in this regard should be

considered as part of their solidarity towards other Member States and the Agency,

assuming their shared responsibility in implementing EIBM with the aim of ensuring

the highest standards and most resilient border management and effective returns

throughout the Union.

 2019/1896 recital 64

 new

(76) The long-term development of human resources to secure the contributions of the

Member States to the standing corps should be supported by a financial support

system. For that purpose, it is appropriate to authorise the Agency to use the award of

grants to the Member States without a call for proposals under financing not linked to

costs subject to the fulfilment of the conditions set out in Regulation (EU, Euratom)

2018/104639 2024/2509 of the European Parliament and of the Council40. The financial

support should enable  provide  Member States to hire and train additional staff to

provide them with the necessary flexibility to comply with the mandatory

contributions to the standing corps. The financial support system should take into

account the time required for recruitment and training, and it should therefore be based

on the N + 2 rule. The dedicated financing system should strike the right balance

between the risks of irregularities and fraud and costs of control. This Regulation sets

the essential conditions for triggering the financial support, namely the recruitment

and training of the adequate number of border guards or other specialists

corresponding to the number of officers seconded to the Agency for a long term or the

effective  secondment or  deployment of officers during the Agency's operational

activities. Given the lack of relevant and comparable data on actual costs across

Member States, the development of a cost-based financing scheme would be overly

complex and would not address the need for a simple, fast, efficient and effective

financing scheme. For the purpose of fixing the amount of such financing to different

Member States, it is appropriate to use as a reference amount the annual salary of

contractual agents in function group III, grade 8, step 1 of the institutions of the Union,

adjusted by a corrective coefficient per Member State in line with the principle of

sound financial management and in the spirit of equal treatment. When implementing

such financial support, the Agency and Member States should ensure that the

principles of co-financing and no double funding are complied with.

39 Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on

the financial rules applicable to the general budget of the Union, amending Regulations (EU) No

1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU)

No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing

Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1). 40 Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September

2024 on the financial rules applicable to the general budget of the Union (OJ L, 2024/2509,

ELI: http://data.europa.eu/eli/reg/2024/2509/oj).

EN 58 EN

 2019/1896 recital 65

 new

(77) In order to alleviate the possible impact on the national services related to the

recruitment of statutory staff for the standing corps, support should be provided to the

relevant services of Member States to cover training investments for new personnel

replacing such departing personnel  departing the national authorities forming the

European Border and Coast Guard  .

 2019/1896 recital 69

 new

(78) The Agency's workforce should consist of staff performing the tasks devoted to the

Agency, either in the Agency’s headquarters  as the Agency’s administrative staff 

or as part of the standing corps. Statutory staff within the standing corps should

primarily be deployed as members of the teams.  When needed, they can be assigned

to perform operational activities in the headquarters or antenna offices, including for

instance operational training, duty and surveillance, real time assessment, document

expertise.  It should be possible to recruit only a limited and clearly defined number

of statutory staff to perform supportive functions  enable  for the establishment

 functioning  of the standing corps, in particular at headquarters

 2019/1896 recital 66

 new

(79)  To ensure the consistent implementation of its operational and logistical activities,

including the deployment of the standing corps and technical equipment and to

facilitate cooperation between the Agency and the host Member State or host third

country, the Agency should develop its chain of command to avoid that decision

making becomes overcentralised and therefore too distant from operational needs. It

should serve as the hierarchical line of authority based on delegated operational

management within the Agency and implemented through its contingents which might

be further subdivided into sections and groups at tactical level. The chain of command

should be responsible to manage the deployed standing corps and other relevant staff

participating in the operational activities of the Agency including by exercising certain

delegated powers of the executive director in the relevant areas.  In view of the

deployment of the standing corps on the territories of third countries, the Agency

should develop the capabilities for its own command and control structures as well as

a procedure to ensure that the members of the teams can be held civilly and criminally

liable.

 new

(80) To assist Member States to swiftly address any crises and emergencies at the external

borders of the Union, a quick reaction force capability should be established. The

Agency could also establish, where operationally desirable under its contingents, a

EN 59 EN

quick reaction force, able to rapidly respond to urgent operational needs arising at

contingent or Union level. Such a quick reaction force could be deployed upon the

request of the host Member State to support crisis situations both at the relevant border

section or to free up national resources at other border sections.

(81) In order to establish specific arrangements for the Agency’s operational response in

situations of crisis and force majeure at the external borders, as defined in Regulation

(EU) 2024/1359, it is appropriate to empower the Executive Director to recommend to

the Member State concerned to request the Agency to initiate, reinforce or adapt

operational support. In order to ensure a swift and effective response, the Agency

should give priority to the deployment of officers from the European Border and

Return Reserve already present in the Member State concerned, as well as from the

Agency’s quick reaction force. In view of the urgent nature and complexity of such

deployments, the monitoring of compliance with fundamental rights should be carried

out ex post, so as to ensure an adequate focus on the operational response and to adapt

such monitoring to operational needs in exceptional circumstances, while preserving

the possibility for the Member State concerned to request the earlier involvement of

fundamental rights monitors.

 2019/1896 recital 75

 new

(82) Taking into account the enhanced mandate of the Agency, the setting up of the

standing corps and its strengthened presence on the ground at the external borders and

its increased engagement in the field of return, it should be possible for the Agency to

establish antenna offices situated at locations in the proximity of its significant

operational activities for the duration of those activities, to act as an interface between

the Agency and the host Member State, to deal with coordination and logistical and

support tasks and to facilitate cooperation between the Agency and the host Member

State.Taking into account the enhanced mandate of the Agency, the setting up of the

standing corps and  the Agency’s operational chain of command,  its strengthened

presence on the ground at the external borders and its increased engagement in the

field of return, it should be possible for the Agency to establish  , as a part of its

contingent management structure,  antenna offices situated at locations in the

proximity of its significant operational activities for the duration of those activities, to

act as an interface between the Agency and the host Member State, to deal with

coordination and logistical and support tasks and to facilitate cooperation between the

Agency and the host Member State  on the territory of the Member States or third

countries. The aim of the antenna offices should be to ensure the forward presence of

the contingent command personnel and to facilitate and improve the coordination of

operational activities within that specific area  .

 2019/1896 recital 76 (adapted)

(83) In light of the fact that inter-agency cooperation forms part of  EIBM  European

integrated border management, the Agency should closely cooperate with all relevant

Union bodies, offices and agencies, in particular with Europol and EASO

 EUAA  . Such cooperation should take place at the level of headquarters,

 and  in operational areas and, where relevant, at the level of antenna offices.

EN 60 EN

 2019/1896 recital 67 (adapted)

In order to allow for effective deployments from the standing corps beginning on 1 January

2021, certain decisions and implementing measures should be taken and put in place as soon

as possible. Therefore, the Agency, together with the Member States and the Commission,

should engage in the preparation of such implementing measures and decisions for adoption

by the management board. Such a preparatory process should encompass the relevant

recruitment by the Agency and the Member States as referred to in this Regulation.

 2019/1896 recital 68 (adapted)

 new

In order to ensure the continuity of the support for operational activities organised by the

Agency, however, all deployments, including under the rapid reaction pool, to be made by 31

December 2020 should be planned and implemented in accordance with Regulation (EU)

2016/1624 and in accordance with the annual bilateral negotiations carried out in 2019. To

that end, the relevant provisions of that Regulation should only be repealed with effect from 1

January 2021.

 2019/1896 recital 70

(84) To overcome the persistent gaps in the voluntary pooling of technical equipment from

Member States, in particular as regards large-scale assets, the Agency should have its

own necessary equipment to be deployed in joint operations or rapid border

interventions or any other operational activities.  The development of the Agency’s

own technical capabilities and of the technical equipment pool should respond to the

operational requirements identified through risk analysis, vulnerability assessments

and operational planning, including, where relevant, maritime and aerial surveillance

capabilities and advanced processing and analytical tools, while remaining

proportionate to the Agency’s mandate and resources.  Those Aassets  owned by

the Agency  should be authorised by the Member States as being on government

service. While the Agency has been legally able to acquire or lease its own technical

equipment since 2011, that possibility was significantly hindered by the lack of

budgetary resources.

 new

(85) In order to support operational effectiveness, interoperability and cost-efficiency, the

Agency should be able, for specific categories of technical equipment, to conduct joint

procurement procedures with Member States or to act as a central purchasing body, in

accordance with the financial rules applicable to the Agency. Appropriate safeguards

should be provided as regards financial contributions, service fees, liability

arrangements, conditions of use and the avoidance of double financing from Union

funds. Appropriate arrangements should also be in place for the registration,

deployment, maintenance, servicing and logistical support of the Agency’s own

technical equipment throughout its lifecycle.

EN 61 EN

(86) In order to improve the availability, coordination and effective use of maritime

capabilities for the implementation of this Regulation, the Agency should be able to

support, where appropriate, the coordination of maritime assets made available by

Member States, without affecting the ownership of those assets and to the

responsibilities of the Member States concerned

 2019/1896 recital 71 (adapted)

 new

(87) Consequently, in order to match the level of ambition underlying the establishment of

the standing corps, the Commission earmarked a significant envelope under the 2021-

2027 multiannual financial framework to allow the Agency to acquire, maintain and

operate the necessary air, sea and land assets corresponding to its operational needs

 the Commission will, within the policy reference framework set out in Article 22(2)

of the NRPP Regulation, encourage Member States to finance measures in the

National and Regional Partnership Plans that will complement Frontex own equipment

with equipment financed by Member States under their National and Regional

Partnership Plans and that can be put at the disposal of the Agency  . While the

acquisition of the necessary assets could be a lengthy process, especially for large

assets, the Agency's own equipment should ultimately become the backbone of the

operational deployments with additional contributions by Member States to be called

upon in exceptional circumstances. The Agency's equipment should be largely

operated by the Agency's technical crews that are part of the standing corps. In order

to ensure the effective use of the proposed financial resources, the acquisition of the

necessary assets should be based on a multiannual strategy decided as early as possible

by the management board. It is necessary to ensure the sustainability of the Agency by

means of future multiannual financial frameworks and to maintain comprehensive

 EIBM  European integrated border management.

 new

(88) In order to ensure that the European Border and Coast Guard has access to state-of-

the-art, interoperable and resilient technical capabilities, the Agency should be able to

acquire or lease technical equipment and, where appropriate, participate in, coordinate

or carry out joint procurement procedures together with Member States or other Union

institutions, bodies, offices or agencies. Where appropriate, the Agency should also be

able to act as a central purchasing body, in accordance with the financial rules

applicable to the Agency. Such acquisition, leasing and procurement should be guided

by the capability roadmap, the Agency’s multiannual strategy for technical capabilities

and the relevant Union financial and procurement rules. It should also take into

account life-cycle costs, interoperability, operational risks, research and innovation

developments and the need to reduce critical dependencies, including dependencies on

suppliers established in third countries, where relevant.

(89) In order to ensure that EIBM benefits from state-of-the-art, secure and interoperable

capabilities, the Agency should monitor, support and contribute to research and

innovation activities relevant for border management and return. The Agency should

assist the Member States and the Commission in identifying research and innovation

priorities and in supporting the preparation and implementation of relevant Union

EN 62 EN

programmes. It should also be able to receive funding under, and carry out activities

funded by, relevant Union programmes in the areas covered by this Regulation and,

where the Commission delegates the relevant powers, implement parts of those

programmes. In doing so, the Agency should contribute to the coordination of the

European innovation ecosystem for border management, support the uptake and

testing or evaluation of relevant technologies and systems, and take into account the

need to reduce critical dependencies and support European strategic autonomy. Where

the Agency develops, procures, tests or deploys artificial intelligence systems in the

implementation of this Regulation, it should do so in accordance with Regulation (EU)

2024/1689 and other applicable Union law, taking account of the intended purpose and

risk classification of the system. The Agency should ensure appropriate risk

management, data governance, transparency, accuracy, robustness, cybersecurity,

human oversight and fundamental-rights safeguards. Artificial intelligence should

support, and not replace, accountable human decision-making, in particular where

decisions may affect individuals.

 2019/1896 recital 72 (adapted)

In the implementation of this Regulation, the Agency and the Member States should make the

best possible use of existing capabilities in terms of human resources as well as technical

equipment, both at Union and national level.

 2019/1896 recital 73 (adapted)

(90)  In the implementation of this Regulation, the Agency and the Member States

should make the best possible use of existing capabilities in terms of human resources

as well as technical equipment, both at Union and national level.  The long-term

development of new capabilities within the European Border and Coast Guard should

be coordinated between the Member States and the Agency in line with the

multiannual strategic policy cycle for  EIBM  European integrated border

management, taking into account the long duration of certain processes. That includes

the recruitment and training of new border guards, which, during their career, could

serve both in Member States and as part of the standing corps, the acquisition,

maintenance and disposal of equipment, for which opportunities for interoperability

and economies of scale should be sought, and the development of new equipment and

related technologies, including through research.

 2019/1896 recital 74

 new

(91) The capability roadmap should converge the capability development plans of Member

States and the multiannual planning of the Agency's resources to optimise long-term

investment to best protect the external borders.  In order to ensure that national

capability development plans respond to identified operational needs and deficiencies,

those plans should take into account the results of quality control mechanisms,

including the vulnerability assessment carried out by the Agency and the Schengen

evaluation and monitoring mechanism. This should help ensure that capability

EN 63 EN

development, investment planning, recruitment and training are better linked to

identified gaps, risks and strategic priorities, without affecting the respective

procedures and responsibilities under those mechanisms. In order to ensure that

national capability development plans remain relevant and reflect actual capability

needs, Member States should update those plans regularly and following substantial

changes. Such changes may include significant changes in the risk analysis, relevant

findings of the vulnerability assessment or of the Schengen evaluation and monitoring

mechanism, changes in national financial programming affecting border management

or return capabilities, or changes in the national legal framework, organisational

structure or allocation of competences relating to border management and return. 

 2019/1896 recital 77 (adapted)

 new

(92)  The training activities of the Agency should increase the efficiency and

effectiveness of the standing corps deployments, ensure greater convergence and high

standards in the implementation of the Union law on border management and return,

promote best practices, facilitate cooperation and interoperability of the standing corps

officers in multinational settings and ensure clarity with regard to the standing corps

officers’ roles and responsibilities.  The Agency and the Member States, in

particular their training  and educational entities and  academies, should cooperate

closely with respect to the training of the standing corps, while ensuring that training

programmes are  based on the strategic training needs,  harmonised and foster the

common values enshrined in the Treaties.  In order to effectively organise and

implement trainings,  Tthe Agency should be able, after obtaining the approval of

the management board to set up an Agency training centre  centres, 

 including on the basis of agreements with selected specialised institutions for

training and education as well as the Agency's partnership academies in Member

States  to facilitate further the inclusion of a common European culture in the

training provided.  The management board should oversee the strategic development

of the Agency’s training capabilities. 

 2019/1896 recital 78

 new

(93) The Agency should further develop  and regularly update  common core curricula

and adequate training tools for border management and return, including specific

training on the protection of vulnerable persons, including children. It should also

offer additional training courses and seminars related to integrated border management

tasks, including for officers of the competent national bodies.  To ensure a

consistent delivery of training, the Agency should also use “train the trainers”

methodology.  The Agency should provide  border and coast guards, return

specialists, return escorts and other relevant staff who are members of the standing

corps, as well as forced-return monitors and fundamental rights monitors,  the

members of the standing corps with  the necessary, high-quality training, including

tailored  specialised training relevant to their tasks and powers. That should include

training on relevant Union and international law and on fundamental rights.  To

foster synergies and promote a coherent Union approach to specialised training, the

EN 64 EN

Agency should cooperate closely with the European Union Agency for Law

Enforcement Training (CEPOL). In cooperation with Member States and third

countries, the Agency should be able to organise training activities and offer additional

specialised courses and seminars related to integrated border management tasks for

officers of their competent national authorities, including  The Agency should be

authorised to organise training activities in cooperation with Member States and third

countries on their territories.  The training provided to the competent national

authorities should also include relevant courses for the staff in third countries in

charge of visa applications. 

 new

(94) The Agency, in cooperation with the management board, should establish, develop and

regularly update EIBM training curricula for members of the staff of relevant national

authorities and administrations, responsible for border management and return matters,

who form part of the European border and return reserve. It should provide training to

staff of the European border and return reserve in order to guarantee that its members

possess the necessary skills and competences to operate in a cohesive manner in any

operational area while also contributing to strengthen national European Border and

Coast Guard capacities.

 2019/1896 recital 79 (adapted)

The return of third-country nationals who do not fulfil or who no longer fulfil the conditions

for entry, stay or residence in the Member States, in accordance with Directive 2008/115/EC

of the European Parliament and of the Council41, is an essential component of the

comprehensive efforts to tackle illegal immigration and represents an important issue of

substantial public interest.

 new

(95) Regulation (EU) 2026/2280 establishes a common system for returns, providing the

Union with a common framework to ensure that third-country national with no right to

stay are effectively returned, and foresees a central coordination and operational role

for the Agency. The effective implementation of the common system for returns is an

essential component of a credible and comprehensive Union migration policy. The

implementation of the Pact on Migration and Asylum, together with the new common

rules establishes by Regulation (EU) 2026/2280 calls for stronger coordination and

cooperation at Union level to ensure the effective implementation of returns across the

Union. The Agency should therefore play a central role in the strategic planning,

coordination and operational delivery of return-related activities, enabling Member

States to pool resources and capabilities, increasing the scale and efficiency of returns

and ensuring that the Union is equipped to implement effectively the common system

established by Regulation (EU) 2026/2280.

41 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on

common standards and procedures in Member States for returning illegally staying third-country

nationals (OJ L 348, 24.12.2008, p. 98).

EN 65 EN

(96) To enable the Agency to effectively fulfil its responsibilities within the common

system for returns, it should establish a dedicated operational structure responsible for

ensuring continuous situational awareness, anticipating operational needs and

supporting the planning, organisation and deployment of return and reintegration

activities. A Return Coordination Centre should therefore be established within the

Agency. The Agency should also establish a SIRENE office to support the operation

of the Return Coordination Centre by exchanging and ensuring the availability of

supplementary information related to SIS alerts on return and for refusal of entry and

stay in accordance with Regulations (EU) 2018/186042 and (EU) 2018/186143 of the

European Parliament and of the Council.

(97) To ensure coordinated and efficient implementation of return activities at Union level,

the Agency should be responsible for planning return operations through a rolling

operational plan based on the needs assessment and information provided to the

Member States to the Return Coordination Centre.

 2019/1896 recital 80 (adapted)

 new

(98)  Effective return requires adequate operational planning and operational capacity

that can be rapidly mobilised.  The Agency should  strengthen its role to become

the Union entity responsible for the planning, coordination and implementation of

returns  step up its assistance to Member States for returning third-country nationals,

subject to Union return policy and in compliance with Directive 2008/115/EC of the

European Parliament and of the Council44  Regulation (EU) 2026/2280 . In

particular, the Agency should  strategically plan,  coordinate and organise  and

carry out  return operations from one or more Member States and organise and

conduct return interventions to reinforce the return systems of Member States that

require increased technical and operational assistance to comply with their obligation

to return third-country nationals in accordance with that Directive  implement the

return border procedure and Regulation (EU) 2026/2280  .

 new

(99) In addition to its role in the planning, coordination and implementation of return

operations and other return-related activities, the Agency should, in full respect for

fundamental rights and without affecting the Member States' responsibility for issuing

return decisions, provide comprehensive technical and operational assistance to

42 Regulation (EU) 2018/1860 of the European Parliament and of the Council of 28 November 2018 on

the use of the Schengen Information System for the return of illegally staying third-country nationals

(OJ L 312, 7.12.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1860/oj ). 43 Regulation (EU) 2018/1861 of the European Parliament and of the Council of 28 November 2018 on

the establishment, operation and use of the Schengen Information System (SIS) in the field of border

checks, and amending the Convention implementing the Schengen Agreement, and amending and

repealing Regulation (EC) No 1987/2006 (OJ L 312, 7.12.2018, p. 14,

ELI: http://data.europa.eu/eli/reg/2018/1861/oj ).

44 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on

common standards and procedures in Member States for returning illegally staying third-country

nationals (OJ L 348, 24.12.2008, p. 98, ELI: http://data.europa.eu/eli/dir/2008/115/oj).

EN 66 EN

Member States in the return process. Such assistance should include support for the

pre-return, return, and post-return activities, as well as support to Member States in the

collection of information, the identification of third-country nationals, the acquisition

of travel documents, return and reintegration counselling, the provision of technical

equipment, as well as the operational resources, interpreting services and specialised

expertise.

(100) Where this Regulation refers to tasks carried out by the Agency on the basis of a return

decision, or to technical and operational assistance provided on the basis of a return

decision, such return decision should be understood as a return decision issued by a

Member State in accordance with, and respecting the requirements of, Regulation

(EU) 2026/2280, including returns ordered under Article 2(4), points (a) and (b),

thereof.

(101) The Agency should maintain a pool of qualified forced-return monitors to respond to

the requests of the Member States to monitor return operations on their behalf. The

pool should be composed of personnel of the competent bodies of the Member States

who carry out forced-return monitoring activities, fundamental rights monitors, and

qualified experts from relevant entities These forced return monitors should be

specifically trained to ensure that the needs of persons in situations of vulnerability are

adequately met during return operations.

(102) Reintegration is an important component of the common system for returns. The

Agency should therefore strengthen its role in supporting the planning and

implementation of post-arrival and reintegration assistance, including through the

management of a Union Reintegration Programme, with a view to ensuring coherence

and coordination of reintegration assistance provided by the Member States and

alignment with Union priorities in the field of return, readmission and reintegration.

As a key actor in the common system for returns, the Agency should contribute to

ensuring that reintegration assistance provided by the Agency and the Member States

forms part of a coherent and coordinated approach. The Agency and the Member

States should ensure that reintegration assistance is planned, coordinated and

implemented in accordance with the framework, principles and criteria set out in

Article 44(5) and (6) of Regulation (EU) 2026/2280, taking into account, where

relevant, the specific needs of persons in situations of vulnerability, thereby ensuring

coherence, maximising synergies and avoiding duplication of efforts. A continuum

between the reintegration assistance provided by the Agency and further longer-term

reintegration, including with the involvement of the communities of the returnee,

should be sought, ensuring complementarity between the reintegration activities of the

Agency and relevant initiatives undertaken in the framework of the Union’s external

action, building on existing support and fostering synergies between the activities of

the Agency, the Member States and other relevant actors. The Agency, in consultation

with the Commission, should identify priority third countries for the provision of

reintegration assistance. In order to ensure coherence with the Union’s external action,

it should take into account the relevant external policy objectives.

(103) The Agency’s coordinating role in the field of reintegration should concern

reintegration activities linked to returns from the Union. This should be without

prejudice to, where it is best placed, the Agency carrying out or supporting

reintegration activities in third countries, where it is in the interest of the Union. Such

activities should complement, and be conducted in synergy with, relevant initiatives

undertaken in the framework of the Union’s external action, including those

supporting reintegration in partner countries, thereby fostering synergies, ensuring

EN 67 EN

continuity of assistance and supporting a coherent approach to sustainable

reintegration while avoiding duplication of effort.

(104) The effective functioning of the common system for returns requires the Agency to

have the necessary information and operational capabilities to fulfil its strengthened

role. Currently, there is no comprehensive Union-level operational picture of

secondary movements of third-country nationals subject to return decisions or of

attempts by persons subject to entry bans to enter the Union. While the Schengen

Information System is the main Union-wide IT system relevant to monitoring such

movements and eu-LISA can produce statistics on SIS alerts on return, the exchange

of supplementary information takes place largely on a bilateral basis without being

stored in the SIS central system. As a result, detailed statistics on hits on SIS alerts

cannot be produced by eu-LISA or the Member States, limiting the Union’s capacity

to identify cross-border trends and assess developments in these areas. Information on

hits on alerts on return and on alerts for refusal of entry and stay entered in SIS,

together with the possibility to consult the relevant alerts associated with those hits, is

necessary to provide the Return Coordination Centre with reliable and timely

operational data regarding the movements of third-country nationals subject to return

decisions and entry bans. This information should enable the Return Coordination

Centre to identify operational trends, including secondary movements of persons

subject to return decisions, assess vulnerabilities and risks on return, anticipate

emerging needs and support the prioritisation, coordination and deployment of

operational resources. Accordingly, the Agency should establish a SIRENE Office

within the Return Coordination Centre allowing it to process supplementary

information related to SIS alerts.

 2019/1896 recital 81

The Agency should, in full respect for fundamental rights and without prejudice to the

Member States' responsibility for issuing return decisions, provide technical and operational

assistance to Member States in the return process, including in the identification of third-

country nationals and in other pre-return activities of the Member States the acquisition of

travel documents for return, in cooperation with the authorities of the relevant third countries.

 2019/1896 recital 82

(105) The Agency should allow, subject to the agreement of the Member State concerned,

the European Committee for the Prevention of Torture and Inhuman or Degrading

Treatment or Punishment of the Council of Europe to conduct visits to where it carries

out return operations, within the framework of the monitoring mechanism established

by the members of the Council of Europe under the European Convention for the

Prevention of Torture and Inhuman or Degrading Treatment or Punishment.

 2019/1896 recital 83

The assistance to Member States in carrying out return procedures should include the

provision of practical information on third countries of return relevant for the implementation

of this Regulation, such as the provision of contact details or other logistical information

EN 68 EN

necessary for the smooth and dignified conduct of return operations. The assistance should

also include the operation and maintenance of a platform for the exchange of data and

information necessary for the Agency to provide technical and operational assistance in

accordance with this Regulation. That platform should have a communication infrastructure

enabling the automated transmission of statistical data by the Member States' return

management systems.

 new

(106) The Agency should operate and further develop the integrated return management

platform (IRMA), as a dedicated platform supporting the exchange of information

necessary for the provision of technical and operational assistance in the field of

return, readmission and reintegration.

 2019/1896 recital 84

(107) The possible existence of an arrangement between a Member State and a third country

does not absolve the Agency or the Member States from their obligations or liability

under Union or international law, in particular as regards compliance with the

principle of non-refoulement and the prohibition of torture and inhuman or degrading

treatment.

 2019/1896 recital 85

Member States should be able to cooperate at operational level with other Member States or

third countries at the external borders, including as regards military operations with a law

enforcement purpose, to the extent that that cooperation is compatible with the actions of the

Agency.

 2019/1896 recital 86 (adapted)

 new

(108) The Agency should improve the exchange of information and cooperation with other

Union bodies, offices and agencies, such as Europol,  eu-LISA,  EASO

 EUAA  , EMSA,  EFCA, the European Union Customs Authority,  the

European Union Satellite Centre, EASA  and EEAS, including relevant CSDP

missions and operations, as well as relevant international organisations  and the

Network Manager of the EATMN in order to make the best use of information,

capabilities and systems which are already available at European Union level  ,

including synergies of activities between the Agency and those entities  , such as

Copernicus, the Union Earth observation and monitoring programme.

EN 69 EN

 2019/1896 recital 87 (adapted)

 new

(109)  In support of the Union’s external action policy, migration policy and as an

important element of EIBM, the Agency should cooperate with the partner third

countries through technical and operational assistance.  Cooperation with third

countries is an important element of European integrated border management.  The

cooperation  should serve to promote European border management and return

standards, to exchange information and risk analysis, and to facilitate the

implementation of returns with a view to increasing their efficiency and to supporting

third countries in the area of border management and  return  migration, including

through the deployment of the standing corps where such support is required to protect

external borders and the effective management of the Union's migration policy.

 Cooperation with third countries should take place in the framework of the

external action of the Union and in line with the principles and objectives laid down in

Article 21 of the Treaty on European Union (TEU). The Commission should ensure

consistency between European integrated border management EIBM and other Union

policies in the field of the Union's external action and, in particular, the Common

Security and Defence Policy. The Commission should be assisted by the High

Representative of the Union for Foreign Affairs and Security Policy. Such cooperation

should take place with regard to, in particular, the activities of the Agency taking place

on the territory of third countries or involving the officials of third countries in areas

such as risk analysis, planning and conduct of operations, training, information

exchange and cooperation. 

 new

(110) The Agency should be enabled to support third-country authorities with occasional

and ad hoc technical assistance activities. Where more structural and long-term

technical cooperation is envisaged, working arrangements could be agreed with the

relevant third country authorities to set out the framework for cooperation. Technical

assistance may also be provided under status agreements that include technical

assistance support in their scope. Technical assistance to third countries typically

could include training, capacity building and support for voluntary return or

reintegration that does not involve the exercise of executive powers.

(111) To ensure coherence in the Union’s external action, the Agency should coordinate its

activities in third countries with the Commission and the European External Action

Service, including through timely consultation before launching, substantially

modifying or discontinuing activities, taking account of relevant Union-funded

programmes.

(112) For the deployment of the standing corps on the territory of a third country with

executive powers, a status agreement should be negotiated between the Union and the

third country. The scope of status agreements may be targeted to the partner third

country’s needs and interests. Targeted status agreements may have a geographical

scope limitation or may limit themselves to a certain type of assistance, for example

activities at international airports or only return assistance tasks. Status agreements

may cover both border management assistance and return-related assistance, as the

EN 70 EN

need may be. Status agreements may also include provisions enabling the Agency to

provide technical assistance in the form of e.g. capacity building and training to lower

the administrative burden and allow for both technical and operational assistance to be

provided under a single cooperation tool, if appropriate and desired.

(113) The type of tasks to be performed by operational staff or other relevant staff

determines whether a status agreement is necessary. Deployment of operational or

other relevant Agency staff on the territory of a host third country requires the

provision of adequate privileges and immunities in the host country and should be

based on an international agreement of the Union with this country, such as a status

agreement. A status agreement is also necessary in cases where operational assistance

requiring executive powers is to be provided. The determination of whether a certain

task consists of operational assistance requiring executive powers or technical

assistance should be based on a case-by-case analysis performed taking into account

whether it is necessary to perform tasks which entail the exercise of public authority or

direct enforcement of public power which would, in a national context, be conferred

by law to be exercised or enforced by a competent national authority as part of powers

of a public body.

(114) In addition to the key role of the Agency in planning, organising and carrying out

returns from the Union to third countries and while such return-related support to

Member States should remain the Agency’s priority, it should be able to provide

support to return-related activities taking place in, or starting from, third countries, as

part of a whole-of-route approach to migration management. Such support should

contribute to preventing illegal arrivals and unauthorised movements towards the

Union and to ensuring the effective implementation of the Union’s return policy. The

Agency should therefore be able to provide technical or operational support to third

countries in areas such as capacity building, training, or returns of persons staying

illegally on their territory, where this is in line with the Union’s policy and priorities,

as expressed, for instance, in the European Asylum and Migration Management

Strategy adopted pursuant to Article 8 of Regulation (EU) 2024/1351. The

implications in terms of resources and costs, as well as the legal and technical

feasibility of implementing what has been agreed with the third country, should be

considered before cooperation is initiated.

(115) Support to third countries in the area of return may include both technical and

operational assistance. Technical assistance does not involve the exercise of executive

powers. Whether such return-related assistance requires the exercise of executive

powers should be determined on a case-by-case basis, taking into account the specific

tasks and context of the support, the extent to which the assistance is provided under

the direct authority of the public authorities of the third country, as well as the need for

privileges and immunities for the Agency staff operating in the third country. The

Agency could provide operational assistance to third countries involving the exercise

of executive powers, provided that the Union has concluded an international

agreement with the third country. Such an agreement could form an integral part of the

Union’s status agreement in the area of border management or be concluded separately

for the area of return, provided that all elements of the model status agreement and

relevant safeguards are included in that agreement. A new model status agreement

should include the relevant provisions relating to return. International agreements of

the Union foreseeing operational assistance to third countries in the area of return

should be interpreted as status agreements for the purposes of this Regulation.

EN 71 EN

(116) Based on an international agreement, the Agency should be able to support returns

from a third country, based on a return decision from a Member State, where a

strategic interest of the Union is identified. The Agency should also be able to support

returns from third countries on the basis of an individual obligation to leave

established under their national return legislation, providing that specific safeguards

are met and where there is a strategic interest of the Union that should be identified by

the Commission in accordance with the Union’s policy and priorities.

(117) Specific safeguards should be laid down in the international agreements with third

countries on return, such as, for instance, the commitment by the third country to

guarantee that the principle of non-refoulement is respected in a specific case, that the

person is under an individual obligation to leave that country in accordance with

national law, following a due process, and that such obligation is fulfilled at the time

of return. In general, robust safeguards should be required, directly corresponding to

the level of alignment with Union rules and standards. Furthermore, if force and

means of constraint may be used during an operation, clear rules should be in place

detailing their use in line with the principles of proportionality and necessity. Specific

safeguards should also be included for persons in situations of vulnerability in return.

(118) The Agency may support Member States in their activities developed under the

agreements referred to in the Schengen Borders Code, in particular as regards

agreements at shared border crossing points with third countries. Such support may

take the form of technical assistance as well as operational deployments with

executive powers in support of Member States’s border management staff deployed at

the shared border crossing points. The assistance of the Agency may support entry/exit

checks to enter or leave the EU, including the Entry/Exit System (EES).

 2019/1896 recital 88

(119) Where the Commission recommends that the Council authorise it to negotiate a status

agreement with a third country, the Commission should assess the fundamental rights

situation relevant to the areas covered by the status agreement in that third country and

inform the European Parliament thereof.

 new

(120) For the purposes of the Agency’s technical and operational support to third countries,

the Commission should draw up a Model working arrangement and a Model status

agreement. The Model working arrangement may serve as a guide to the Agency in

their discussions with third country authorities. The Model status agreement should be

used by the Commission as a basis for negotiating status agreements with third

countries. The Model status agreement provisions should reflect the Agency’s tasks,

role and obligations under this Regulation and Union law, and should include

appropriate provisions, including on privileges and immunities of staff deployed.

EN 72 EN

 2019/1896 recital 89

Cooperation with third countries should take place in the framework of the external action of

the Union and in line with the principles and objectives laid down in Article 21 of the Treaty

on European Union (TEU). The Commission should ensure consistency between European

integrated border management and other Union policies in the field of the Union's external

action and, in particular, the Common Security and Defence Policy. The Commission should

be assisted by the High Representative of the Union for Foreign Affairs and Security Policy.

Such cooperation should take place with regard to, in particular, the activities of the Agency

taking place on the territory of third countries or involving the officials of third countries in

areas such as risk analysis, planning and conduct of operations, training, information

exchange and cooperation.

 new

(121) The Agency’s expertise in the area of EIBM should be used whenever possible in the

external dimension of the Agency’s activities, in particular through the

implementation of projects supported by Union funding in third countries relevant for

the management of external borders and return.

 2019/1896 recital 90

 new

(122) In order to ensure that the information contained in EUROSUR is as complete and up

to date as possible, in particular with regard to the situation in third countries, the

Agency should cooperate with the authorities of third countries either in the

framework of bilateral and multilateral agreements between the Member States and

third countries, including regional networks, through working arrangements concluded

between the Agency and the relevant authorities of third countries  or in the

framework of status agreements concluded between the Union and third countries .

For those purposes, the European External Action Service and Union delegations and

offices should provide all information that could be relevant for EUROSUR.  In

order to ensure security and appropriate handling of information in EUROSUR,

Member States should consult the Agency on the situation in a given third country and

consult the Commission on the draft provisions of the bilateral or multilateral

agreements. 

 2019/1896 recital 91 (adapted)

(123) This Regulation includes provisions on cooperation with  the authorities of  third

countries because well-structured and permanent exchange of information and

cooperation with such countries, including but not limited to neighbouring third

countries, are key factors for achieving the objectives of  EIBM  European

integrated border management. It is essential that any exchange of information and any

cooperation between Member States and third countries take place in full compliance

with fundamental rights. It is essential that any exchange of information and any

EN 73 EN

cooperation between  the Agency,  Member States and third countries take

 takes  place in full compliance with fundamental rights.

 2019/1896 recital 92

The assistance to third countries should complement the Agency's support for Member States

in the application of Union measures relating to the implementation of European integrated

border management.

 2019/1896 recital 93

It should be possible for the bilateral and multilateral agreements concluded by Member

States with third countries in the areas covered by European integrated border management to

contain security sensitive information. Where notified to the Commission, such information

should be handled by the Commission in accordance with the applicable security rules.

 2019/1896 recital 94

(124) To establish a comprehensive situational picture and risk analysis covering the pre-

frontier area, the Agency and the national coordination centres should collect

information and coordinate with immigration liaison officers deployed in third

countries by Member States, the Commission, the Agency or other Union bodies,

offices and agencies.

 2019/1896 recital 95 (adapted)

The False and Authentic Documents Online (‘FADO’) system was established by Council

Joint Action 98/700/JHA45 within the General Secretariat of the Council enabling Member

States' authorities to have at their disposal information on any new forgery methods that are

detected and on the new genuine documents that are in circulation.

 2019/1896 recital 96 (adapted)

In its conclusions of 27 March 2017, the Council stated that the management of the FADO

system is outdated and that a change of its legal basis is required in order to continue meeting

the requirements of justice and home affairs policies. The Council also noted that synergies

could be exploited in that regard using the Agency's expertise in the area of document fraud

and the work the Agency has already been carrying out in the field. It is therefore intended

that the Agency take over the administration and the operational and technical management of

the FADO system from the General Secretariat of the Council as soon as the European

Parliament and the Council have adopted the relevant legal act on the FADO system replacing

Joint Action 98/700/JHA.

45 Joint Action 98/700/JHA of 3 December 1998 adopted by the Council on the basis of Article K.3 of the

Treaty on European Union concerning the setting up of a European Image Archiving System (FADO)

(OJ L 333, 9.12.1998, p. 4).

EN 74 EN

 2019/1896 recital 97 (adapted)

Prior to the adoption of the relevant legal act on the FADO system, it is desirable to ensure

that the FADO system is fully operational until the transfer is effectively carried out and the

existing data are transferred to the new system. The ownership of the existing data would then

be transferred to the Agency.

 2019/1896 recital 98

(125) Any processing of personal data by the Agency within the framework of this

Regulation should be conducted in accordance with Regulation (EU) 2018/1725 of the

European Parliament and of the Council46.

 2019/1896 recital 99

(126) Any processing of personal data by Member States within the framework of this

Regulation should be conducted in accordance with Regulation (EU) 2016/679 of the

European Parliament and of the Council47 or Directive (EU) 2016/680 of the European

Parliament and of the Council48, as applicable.

 new

(127) Where the Agency acts as a data controller in accordance with Union law it should be

able to restrict, where necessary and proportionate, the rights of data subjects of access

to, rectification, completion, erasure of personal data and restriction of processing. In

order to specify the circumstances in which, and the conditions under which, the

Agency may decide to restrict the rights, the Commission should adopt a delegated

act. In the performance of its tasks, the Agency may process operational personal data

only as set out in this Regulation and is to do so in compliance with Chapter IX of

Regulation (EU) 2018/1725. For the purposes of cooperating with Europol, Eurojust

and competent national law enforcement authorities, the Agency may exchange

operational personal data with the requesting Union Agency or competent national law

enforcement authority for the performance of their respective mandates. Personal data

46 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the

protection of natural persons with regard to the processing of personal data by the Union institutions,

bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No

45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39,

ELI: http://data.europa.eu/eli/reg/2018/1725/oj). 47 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the

protection of natural persons with regard to the processing of personal data and on the free movement of

such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016,

p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj). 48 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the

protection of natural persons with regard to the processing of personal data by competent authorities for

the purposes of the prevention, investigation, detection or prosecution of criminal offences or the

execution of criminal penalties, and on the free movement of such data, and repealing Council

Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89,

ELI: http://data.europa.eu/eli/dir/2016/680/oj).

EN 75 EN

may only be processed in the framework of EUROSUR exceptionally, such as in cases

where the Agency needs to process personal data in emergency situations, in particular

to ensure the protection and saving lives of individuals and for the purposes of

providing situational awareness in situations posing imminent threat to the integrity of

the external borders In that context, personal data could be processed such as video

images of persons captured during such emergency situations, including facial images,

identification numbers of means of transport, geographical location of incidents, or

data allowing to identify vulnerable groups, including age, gender, physical and

mental state.

 2019/1896 recital 100

(128) In the context of return, third-country nationals frequently do not hold any

identification documents and do not cooperate as regards the establishment of their

identity by withholding information or providing incorrect personal data. Given the

particular policy need for expedient return procedures, it is necessary for the Agency

to be able to restrict certain rights of data subjects so as to prevent the abuse of such

rights from impeding the proper implementation of return procedures and the

successful enforcement of return decisions by the Member States or from preventing

the Agency from performing its tasks efficiently. In particular, the exercise of the right

to the restriction of processing could significantly delay and obstruct the carrying out

of the return operations. Furthermore, in some cases, the right of access by the third-

country national could jeopardise a return operation by increasing the risk of

absconding should the third-country national learn that the Agency is processing his or

her data in the context of a planned return operation. The right to rectification could

increase the risk that the third-country national in question will mislead the authorities

by providing incorrect data. In order to enable the Agency to restrict certain rights of

data subjects, it should be able to adopt internal rules on such restrictions.

 2019/1896 recital 101

 new

(129) In order to properly implement its tasks in the area of return,  to support the

implementation of Regulation (EU) 2026/2280,  including by assisting Member

States in the proper implementation of return procedures and the successful

enforcement of return decisions, as well as to facilitate return operations, the Agency

might need to transfer the personal data of returnees to third countries.  Such

transfers should support the effective implementation of return procedures and

cooperation with the authorities of third countries for the purposes of return and

readmission.  The third countries of return are not often subject to adequacy

decisions adopted by the Commission under Article 45 of Regulation (EU) 2016/679

or under Article 36 of Directive (EU) 2016/680, and have often not concluded or do

not intend to conclude a readmission agreement with the Union or otherwise provide

for appropriate safeguards within the meaning of Article 48 of Regulation (EU)

2018/1725 or within the meaning of the national provisions transposing Article 37 of

Directive (EU) 2016/680. However, despite the extensive efforts of the Union in

cooperating with the main countries of origin of illegally staying third-country

nationals subject to an obligation to return, it is not always possible to ensure that such

EN 76 EN

third countries systematically comply with the obligation established by international

law to readmit their own nationals. Readmission agreements concluded or being

negotiated by the Union or the Member States which provide for appropriate

safeguards for personal data cover a limited number of such third countries. Where

such agreements do not yet exist, personal data should be transferred by the Agency

for the purposes of facilitating the return operations of the Union, provided that the

conditions laid down in point (d) of Article 50(1), point (d), of Regulation (EU)

2018/1725 are met.

 2019/1896 recital 102

Any transfer of personal data by Member States to third countries should be carried out in

accordance with Regulation (EU) 2016/679 and Directive (EU) 2016/680, as applicable. In

the absence of readmission agreements, and as an exception to the requirement that adequacy

decisions have been adopted or appropriate safeguards have been provided for, it should be

possible for Member States to transfer personal data to the authorities of third countries for

the purposes of implementing Union return policy. It should be possible to use the derogation

for specific situations provided for in Article 49 of Regulation (EU) 2016/679 and Article 38

of Directive (EU) 2016/680, as applicable, subject to the conditions set out in those articles.

 new

(130) The Agency should be allowed to transfer the data referred to in Articles 37 to 39 of

Regulation (EU) 2026/2280, for the purposes referred to in this Regulation and in

compliance with Chapter V of Regulation (EU) 2018/1725. It is recalled that such

transfers may take place even systematically if necessary based on the derogation

referred to in Article 50(1), point (d), of Regulation (EU) 2018/1725, where no

adequacy decision or appropriate safeguards are available in particular where the

Agency can reasonably demonstrate that such appropriate safeguards are unlikely to be

entered into in the foreseeable future considering the political situation in, or positions

taken by, the third country concerned.

 2019/1896 recital 103

(131) This Regulation respects the fundamental rights and observes the principles recognised

by Articles 2 and 6 TEU and by the Charter of Fundamental Rights of the European

Union (‘the Charter’), in particular respect for human dignity, the right to life, the

prohibition of torture and inhuman or degrading treatment or punishment, the

prohibition of trafficking in human beings, the right to liberty and security, the right to

the protection of personal data, the right of access to documents, the right to asylum

and to protection against removal and expulsion, non-refoulement, non-discrimination

and the rights of the child.

EN 77 EN

 2019/1896 recital 104 (adapted)

(132) This Regulation should establish a complaints mechanism for the Agency in

cooperation with the fundamental rights officer, to safeguard the respect for

fundamental rights in all the activities of the Agency. This should be an administrative

mechanism whereby the fundamental rights officer should be responsible for handling

complaints received by the Agency in accordance with the right to good

administration. The fundamental rights officer should review the admissibility of a

complaint, register admissible complaints, forward all registered complaints to the

executive director, forward complaints concerning members of the teams to the home

Member State, and register the follow-up by the Agency or that Member State. The

mechanism should be effective, ensuring that complaints are properly followed up.

The complaints mechanism should be without  affecting  prejudice to access to

administrative and judicial remedies and not constitute a requirement for seeking such

remedies. Criminal investigations should be conducted by the Member States. In order

to increase transparency and accountability, the Agency should report on the

complaints mechanism in its annual report. The report should cover in particular the

number of complaints it has received, the types of fundamental rights violations

involved, the operations concerned and, where possible, the follow-up measures taken

by the Agency and Member States. The fundamental rights officer should have access

to all information concerning respect for fundamental rights in relation to all the

activities of the Agency. The fundamental rights officer should be provided with the

resources and staff necessary to enable him or her to effectively perform all his or her

tasks in accordance with this Regulation. The staff provided to the fundamental rights

officer should have the skills and seniority that correspond to the expansion of

activities and powers of the Agency.

 new

(133) The protection of fundamental rights is the responsibility of the European Border and

Coast Guard. The fundamental rights officer plays an important role in promoting the

respect of the fundamental rights by the Agency. To ensure that the monitoring and

reporting of the respect of fundamental rights reflects the distribution of

responsibilities in the common system, it is also appropriate to ensure the liaison

between the Agency’s fundamental rights officer and the competent national

authorities. This should allow the fundamental rights officer to focus its work on the

activities performed by the staff of the Agency, while liaising with the relevant

national authorities by transmitting information about any incidents that may concern

them.

(134) The fundamental rights officer is supported in his or her role by the fundamental rights

monitors. To ensure that the monitors prioritise border sections deemed most relevant

from a fundamental rights perspective, increase the agility in the deployment of

fundamental rights monitors, and to ensure that the fundamental rights officer targets

the resources available to him or her in an effective manner, it is appropriate to assign

the fundamental rights monitors to operations based on a risk assessment.

EN 78 EN

 2019/1896 recital 105

(135) The Agency should be independent as regards technical and operational matters and

have legal, administrative and financial autonomy. To that end, it is necessary and

appropriate that it should be a Union body having legal personality and exercising the

implementing powers that are conferred upon it by this Regulation.

 2019/1896 recital 106

 new

(136) The Commission and the Member States should be represented within a management

board to exercise oversight over the Agency.  When appointing the management

board members or their alternates, Member States should ensure the balance between

the border and coast guard component on one hand and return component on the other.

Member States should ensure that the management board member and alternate are

able to appropriately represent the border management and return related aspects

within the Agency’s mandate.  The management board should, where possible,

consist of the operational heads of the national services responsible for border

management  and return  or their representatives  , with relevant expertise and

powers to take operational decisions and provide strategic guidance  . The parties

represented in the management board should make efforts to limit turnover of their

representatives in order to ensure continuity of the management board's work. The

management board should be entrusted with the necessary powers to establish the

Agency's budget, verify its execution, adopt appropriate financial rules, establish

transparent working procedures for decision-making by the Agency and appoint the

executive director and three deputy executive directors, each of whom should be

assigned responsibilities in a certain field of competence of the Agency, such as

managing the standing corps, overseeing the Agency's tasks regarding returns or

managing the Agency's involvement in large-scale IT systems. The Agency should be

governed and operated taking into account the principles of the common approach on

Union decentralised agencies adopted on 19 July 2012 by the European Parliament,

the Council and the Commission.

 new

(137) It is important to streamline the existing governance structure and discussion fora

within the Agency to ensure increased efficiency without excessive administrative

burden. In particular, the role of the High-Level Round Table on Returns should be

reinforced to ensure proper consideration of return matters in the management board,

along with the existing working groups to the management board. These should be

reconstituted as specific configurations of the executive board. The executive board in

its various configurations should be responsible for supporting the preparation and

follow-up of strategic, administrative and budgetary decisions, evaluation of activities

and EIBM. Such arrangements should facilitate effective decision-making while

preserving the respective responsibilities of the management board and the executive

director. Discussion in the different configurations should help to guide the strategic

orientation of the management board.

EN 79 EN

 2019/1896 recital 107

(138) Given the involvement of the European Parliament in the matters governed by this

Regulation, the chairperson of the management board should be able to invite an

expert of the European Parliament to attend the meetings of the management board.

 2019/1896 recital 108

 new

(139) Each year, the management board should prepare a single programming document.

When preparing that document, the management board should take into account the

recommendations of the Interinstitutional Working Group on decentralised agencies'

resources  , the opinion of the Commission as well as the comments made by the

European Parliament and the Council .

 2019/1896 recital 109

(140) In order to guarantee the autonomy of the Agency, it should be granted a stand-alone

budget with a revenue which comes mostly from a contribution from the Union. The

Agency's budget should be prepared in accordance with the principle of performance-

based budgeting, taking into account the Agency's objectives and the expected results

of its tasks. The Union budgetary procedure should be applicable as far as the Union

contribution and any other subsidies chargeable to the general budget of the Union are

concerned. The auditing of accounts should be undertaken by the Court of Auditors. In

exceptional situations where the available budget is deemed insufficient and the

budgetary procedure does not allow an adequate response to fast-developing

situations, the Agency should have the possibility of receiving grants from Union

funds to fulfil its tasks.

 2019/1896 recital 110

(141) The executive director, in his or her capacity as an authorising officer, should assess

the financial risks related to the Agency's activities on a regular basis and take the

necessary mitigating measures in accordance with the financial framework applicable

to the Agency and inform the management board accordingly.

 2019/1896 recital 111

The Agency is expected to face challenging circumstances in the coming years as regards

fulfilling exceptional needs for recruiting and retaining qualified staff from the broadest

possible geographical basis.

EN 80 EN

 2019/1896 recital 112

In the spirit of shared responsibility, the Agency should require the staff it employs, in

particular the statutory staff of the standing corps, including statutory staff deployed in

operational activities, to possess the same level of training, special expertise and

professionalism as staff seconded or employed by the Member States. Therefore, the Agency

should review and evaluate whether its statutory staff conduct themselves properly in

operational activities in the field of border control and return.

 2019/1896 recital 113

(142) Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the

Council49 should apply without restriction to the Agency, which should accede to the

Interinstitutional Agreement of 25 May 1999 between the European Parliament, the

Council of the European Union and the Commission of the European Communities

concerning internal investigations by the European Anti-Fraud Office (OLAF)50.

 2019/1896 recital 114

(143) In accordance with Council Regulation (EU) 2017/193951, the European Public

Prosecutor's Office should be able to investigate and prosecute fraud and other

criminal offences affecting the Union's financial interests as provided for in Directive

(EU) 2017/1371 of the European Parliament and of the Council52.

 2019/1896 recital 115

(144) Regulation (EC) No 1049/2001 of the European Parliament and of the Council53

should apply to the Agency. The Agency should be as transparent as possible about its

activities, without jeopardising the attainment of the objective of its operations. It

should make public the information about all of its activities. It should likewise ensure

that the public and any interested party are rapidly given information with regard to its

work.

49 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11

September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and

repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council

Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1,

ELI: http://data.europa.eu/eli/reg/2013/883/oj). 50 OJ L 136, 31.5.1999, p. 15. ELI: http://data.europa.eu/eli/reg/2013/883/oj. 51 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the

establishment of the European Public Prosecutor's Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1 ELI: http://data.europa.eu/eli/reg/2017/1939/oj).

52 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight

against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29

ELI: http://data.europa.eu/eli/dir/2017/1371/oj). 53 Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001

regarding public access to European Parliament, Council and Commission documents (OJ L 145,

31.5.2001, p. 43 ELI: http://data.europa.eu/eli/reg/2001/1049/oj).

EN 81 EN

 2019/1896 recital 116

(145) The Agency should also report on its activities to the European Parliament, to the

Council and to the Commission to the fullest extent.

 2019/1896 recital 117 (adapted)

The Commission should carry out an evaluation of this Regulation. That evaluation should

assess, inter alia, the attractiveness of the Agency as an employer for the recruitment of

statutory staff with a view to ensuring the quality of the candidates and geographical balance.

 2019/1896 recital 118

The external borders referred to in this Regulation are those to which the provisions of Title II

of Regulation (EU) 2016/399 apply, which includes the external borders of Schengen Member

States in accordance with Protocol No 19 on the Schengen acquis integrated into the

framework of the European Union, annexed to the TEU and to the Treaty on the Functioning

of the European Union (TFEU).

 2019/1896 recital 119

(146) In order to ensure uniform conditions for the implementation of this Regulation,

implementing powers should be conferred on the Commission. Those powers should

be exercised in accordance with Regulation (EU) No 182/2011 of the European

Parliament and of the Council54.

 2019/1896 recital 120

(147) Since the objectives of this Regulation, namely the development and implementation

of a system of integrated management of the external borders to ensure the proper

functioning of the Schengen area, cannot be sufficiently achieved by the Member

States acting in an uncoordinated manner but can rather, by reason of the absence of

controls at internal borders, the significant migratory challenges at the external

borders, the need to monitor efficiently the crossing of those borders, and the need to

contribute to a high level of internal security within the Union, be better achieved at

Union level, the Union may adopt measures, in accordance with the principle of

subsidiarity as set out in Article 5 TEU. 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 those objectives.

54 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011

laying down the rules and general principles concerning mechanisms for control by Member States of

the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13 ELI:

http://data.europa.eu/eli/reg/2011/182/oj).

EN 82 EN

 new

(148) This Regulation should apply on the territory of the Member States of the European

Union and the Schengen associated countries. It should apply to the outermost regions

within the meaning of Article 355(1) and Article 349 of TFEU. It should not apply to

the overseas countries and territories listed in Annex II to the TFEU.

 2019/1896 recital 121

(149) As regards Iceland and Norway, this Regulation constitutes a development of the

provisions 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 latters' association with the implementation, application and

development of the Schengen acquis 55, which fall within the area referred to in Article

1, point A, of Council Decision 1999/437/EC56. The Arrangement between the

European Community and the Republic of Iceland and the Kingdom of Norway on the

modalities of the participation by those States in the European Agency for the

Management of Operational Cooperation at the External Borders of the Member States

of the European Union57 provides for rules on the participation by those countries in

the work of the Agency, including provisions on financial contributions and staff.

 2019/1896 recital 122

(150) 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 acquis58 which fall within the area referred to in Article 1, point A of

Decision 1999/437/EC read in conjunction with Article 3 of Council Decision

2008/146/EC59.

55 OJ L 176, 10.7.1999, p. 36. 56 Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application 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 (OJ L 176, 10.7.1999, p. 31) ELI:

http://data.europa.eu/eli/dec/1999/437/oj). 57 OJ L 188, 20.7.2007, p. 19. 58 OJ L 53, 27.2.2008, p. 52. 59 Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European

Community, 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 (OJ L 53, 27.2.2008, p. 1 ELI: http://data.europa.eu/eli/dec/2008/146/oj).

EN 83 EN

 2019/1896 recital 123

(151) 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 acquis60 which fall within the area referred to in Article

1, point A of Decision 1999/437/EC read in conjunction with Article 3 of Council

Decision 2011/350/EU61.

 2019/1896 recital 124

(152) The Arrangement between the European Community, of the one part, and the Swiss

Confederation and the Principality of Liechtenstein, of the other part, on the modalities

of the participation by those States in the European Agency for the Management of

Operational Cooperation at the External Borders of the Member States of the

European Union62 provides for rules on the participation by those countries in the

work of the Agency, including provisions on financial contributions and staff.

 2019/1896 recital 125

(153) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark

annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of

this Regulation and is not bound by it, or subject to its application. Given that this

Regulation builds upon the Schengen acquis, Denmark shall, in accordance with

Article 4 of that Protocol, decide within a period of six months after the Council has

decided on this Regulation whether it will implement it in its national law.

 2019/1896 recital 126 (adapted)

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/EC63; the

60 OJ L 160, 18.6.2011, p. 21. 61 Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union,

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, relating to the abolition of checks at internal borders and movement of persons (OJ L 160,

18.6.2011, p. 19 ELI: http://data.europa.eu/eli/prot/2011/349/oj). 62 OJ L 243, 16.9.2010, p. 4. 63 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 (OJ L 131,

1.6.2000, p. 43).

EN 84 EN

United Kingdom is therefore not taking part in the adoption of this Regulation and is not

bound by it or subject to its application.

 2019/1896 recital 127

(154) 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/EC64;

Ireland is therefore not taking part in the adoption of this Regulation and is not bound

by it or subject to its application.

 2019/1896 recital 128 (adapted)

(155) The Agency should facilitate the organisation of specific activities in which the

Member States may avail themselves of the expertise and facilities which Ireland and

the United Kingdom may be willing to offer, on terms to be decided on a case-by-case

basis by the management board. To that end, representatives of Ireland may be invited

to attend meetings of the management board which allow them to participate fully in

the preparation of such specific activities. Representatives of the United Kingdom may

be invited to attend the meetings of the management board until the day on which the

Treaties cease to apply to the United Kingdom pursuant to Article 50(3) TEU.

 2019/1896 recital 130 (adapted)

A controversy exists between the Kingdom of Spain and the United Kingdom on the

demarcation of the borders of Gibraltar.

 2019/1896 recital 131 (adapted)

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.

 2019/1896 recital 132 (adapted)

(156) The European Data Protection Supervisor was consulted in accordance with Article

28(2) of Regulation (EC) No 45/2001 of the European Parliament and of the

Council on 7 November 2018 42(2) of Regulation (EU) 2018/1725 and delivered an

opinion on 30 November 2018  […] 65,

64 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 (OJ L 64, 7.3.2002, p. 20,

ELI: http://data.europa.eu/eli/dec/2002/192/oj). 65 OJ L […].

EN 85 EN

 2019/1896 recital 133 (adapted)

This Regulation aims to amend and expand the provisions of Regulations (EU) 2016/1624 and

(EU) No 1052/2013. Since the amendments to be made are substantial in number and nature,

those legal acts should, for the sake of clarity, be repealed,

 2019/1896 (adapted)

HAVE ADOPTED THIS REGULATION:

CHAPTER I

EUROPEAN BORDER AND COAST GUARD

Article 1

Subject matter principles

1, This Regulation establishes a European Border and Coast Guard to ensure the

harmonised implementation of the European integrated border management

 (‘EIBM’)  at the external borders with a view to managing those borders

efficiently in full compliance with fundamental rights in order to enable the free

movement in the area without internal border controls and to increasing the efficiency

of the Union return policy.

 new

It also:

(a) lays down rules governing the EIBM at the external borders;

(b) lays down the rules governing the role of the European Border and Coast Guard

Agency in the field of the common system for returns in accordance with Article 1(1)

and Chapter IX of Regulation (EU) 2026/2280;

(c) provides for the necessary framework to develop cooperation with third countries in

the management of the external borders and return.

 2019/1896 (adapted)

 new

2. TThis Regulation addresses migratory challenges and potential future

challenges and threats at the external borders  taking into account the comprehensive

approach as set out in Articles 3, 4 and 5 of Regulation (EU) 2024/1351 . It ensures a high

level of internal security within the Union in full respect of fundamental rights, while

safeguarding the free movement of persons within the Union. It contributes to detection,

EN 86 EN

prevention and combating of cross-border crime at the external borders.  This Regulation

lays down rules on the detection, prevention and countering of cross-border crime in the

context of the management at of the external borders. 

Article 2

Definitions

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

(1) ‘external borders’ means external borders as defined in point 2 of Article 2, point 2, of

Regulation (EU) 2016/399;

(2) ‘border crossing point’ means border crossing point as defined in point 8 of Article

2, point 8, of Regulation (EU) 2016/399;

(3) ‘border control’ means border control as defined in point 10 of Article 2, point 10, of

Regulation (EU) 2016/399;

(4) ‘border checks’ means border checks as defined in point 11 of Article 2, point 11, of

Regulation (EU) 2016/399;

(5) ‘border surveillance’ means border surveillance as defined in point 12 of , point 12, of

Regulation (EU) 2016/399;

(6) ‘air border surveillance’ means the surveillance of any flight of a manned or unmanned

aircraft and its passengers or cargo  for the purpose of the management of the external

borders,   which arrives  to or  departs  from the territory of the Member

States which is not an internal flight as defined in point 3 of Article 2, point 3, of Regulation

(EU) 2016/399  or that is crossing the external borders  ;

(7) ‘situational awareness’ means the ability to monitor, detect, identify, track and understand

illegal cross-border activities in order to find reasoned grounds for reaction measures on the

basis of combining new information with existing knowledge, and to be better able to reduce

the loss of lives of migrants at, along or in the proximity of the external borders;

(8) ‘reaction capability’ means the ability to perform actions aimed at countering illegal cross-

border activities at, along or in the proximity of the external borders, including the means and

timelines to react adequately;

(9) ‘EUROSUR’ means the framework for information exchange and cooperation between the

Member States and the European Border and Coast Guard Agency;

(10) ‘situational picture’ means an aggregation of geo-referenced near-real-time data and

information received from different authorities, sensors, platforms and other sources which is

transmitted across secured communication and information channels and can be processed

and selectively displayed and shared with other relevant authorities in order to achieve

situational awareness and support the reaction capability at, along or in the proximity of the

external borders and the pre-frontier area;

(11) ‘external border section’ means the whole or a part of the external border of a Member

State, as defined by national law or as determined by the national coordination centre or any

other responsible national authority;

(12) ‘cross-border crime’ means any serious crime with a cross-border dimension that is

committed or attempted at, along or in the proximity of the external borders;

(13) ‘pre-frontier area’ means the geographical area beyond the external borders which is

relevant for managing the external borders through risk analysis and situational awareness;

EN 87 EN

(14) ‘incident’ means a situation relating to illegal immigration, cross-border crime  and

threats of hybrid nature affecting the management of external borders  or a risk to the lives

of migrants at, along or in the proximity of, the external borders;

 new

(15) ‘event’ means a situation, which is likely to have an impact on the external borders either

as regards security of the external borders, migration, cross- border crime, threats of hybrid

nature affecting the management of external border or the protection and saving of the lives of

migrants, including border incidents, or that may affect the functioning of EUROSUR,

including any of its technical components.

(16) ‘capability roadmap’ means the strategic planning document of the European Border and

Coast Guard determining the stages and timelines for developing and acquiring the necessary

human, technical, and operational capabilities at Union and national level to implement

EIBM.

 2019/1896

(1715)‘statutory staff’ means staff employed by the European Border and Coast Guard

Agency in accordance with the Staff Regulations of Officials of the European Union (the

‘Staff Regulations’) and the Conditions of Employment of Other Servants of the Union (the

‘Conditions of Employment’) laid down in Council Regulation (EEC, Euratom, ECSC) No

259/6866;

 new

(18) ‘statutory staff deployed as members of the teams’ means standing corps category 1

officers who have undergone the appropriate training in accordance with Article 67(3) and are

effectively deployed in operational areas;

(19) ‘staff of the Agency’ means statutory staff and seconded national experts;

 2019/1896 (adapted)

 new

(2016)‘operational staff’ means border guards, return escorts, return specialists and other

relevant staff constituting the European Border and Coast Guard standing corps in accordance

with the four categories set out in Article 54(1)66(1), acting  , where applicable,  as

members of the teams having executive powers, where applicable  , carrying out operational

activities at the Agency’s headquarters, in antenna offices or in the context of operational

training,  and the statutory staff responsible for the functioning of the European Travel

Information and Authorisation System (ETIAS) Central Unit that are not deployable as

members of the teams;

66 OJ L 56, 4.3.1968, p. 1.

EN 88 EN

(2117)‘member of the teams’ means a member of the European Border and Coast Guard

standing corps deployed through border management teams, migration management support

teams and return teams;

(2218)‘border management teams’ means teams formed from the European Border and Coast

Guard standing corps to be deployed  deployed  during joint operations at the external

borders and rapid border interventions in Member States and third countries;

(2319)‘migration management support teams’ means teams, of experts which provide

technical and operational reinforcement to Member States  on their territory at locations

designated for the screening in accordance with Regulation (EU) 2024/1356 of the European

Parliament and of the Council67 and for debriefing, including in support of the implementation

of the return border procedure in accordance with Regulation (EU) 2024/1349, and where

necessary  composed of operational staff, experts from the European  Union Agency for

Asylum  Support Office (EASO  EUAA  ) and Europol and, where relevant, experts

from the European Union Agency for Fundamental Rights (FRA), other Union bodies, offices

and agencies and Member States;

(2420)‘host Member State’ means a Member State in which a joint operation or a rapid border

intervention, a return operation or a return intervention takes place, or from which it is

launched, or in which a migration management support team is deployed;

 new

(25) ‘host third country’ means a third country in which a joint operation or border

intervention, a return operation or return intervention takes place, or from which it is

launched;

 2019/1896

(2621)‘home Member State’ means the Member State from which a staff member is deployed

or seconded to the European Border and Coast Guard standing corps;

(2722)‘participating Member State’ means a Member State which participates in a joint

operation, rapid border intervention, return operation, return intervention or in a deployment

of a migration management support team, by providing technical equipment or staff of the

European Border and Coast Guard standing corps, as well as a Member State which

participates in return operations or return interventions by providing technical equipment or

staff, but which is not a host Member State;

(23)‘hotspot area’ means an area created at the request of the host Member State in which the

host Member State, the Commission, relevant Union agencies and participating Member

States cooperate, with the aim of managing an existing or potential disproportionate migratory

challenge characterised by a significant increase in the number of migrants arriving at the

external borders;

67 Regulation (EU) 2024/1356 of the European Parliament and of the Council of 14 May 2024

introducing the screening of third-country nationals at the external borders and amending Regulations (EC)

No 767/2008, (EU) 2017/2226, (EU) 2018/1240 and (EU) 2019/817 (OJ L, 2024/1356, 22.5.2024, ELI:

http://data.europa.eu/eli/reg/2024/1356/oj).

EN 89 EN

 new

(28) ‘debriefing’ means a voluntary and confidential interview with a third country national,

who remains anonymous thereafter, conducted by a qualified member of the team for the

purposes of migration management and risk analysis, independently of the screening activities

set out in Regulation (EU) 2024/1356;

 2019/1896

 new

(2924) ‘return’ means return as defined in point 3 of Article 3, point 5, of Regulation (EU)

2026/2280  , provided the term is used in the context of returns from the Member States  ;

 new

(30) ‘return process’ means all stages of the process aimed at ensuring the return of a third

country national including, where applicable, readmission and reintegration;

(31) ‘return decision’ means a return decision as defined in Article 3, point 4, of Regulation

(EU) 2026/2280;

 2019/1896 (adapted)

 new

(25)‘return decision’ means an administrative or judicial decision or act stating or declaring

the stay of a third-country national to be illegal and imposing or stating an obligation to return

that respects Directive 2008/115/EC;

(3226)‘returnee’ means an illegally staying third-country national who  falls within the

scope of Regulation (EU) 2026/2280 is the subject of an enforceable return decision;

(3327)‘return operation’ means an operation that is organised or coordinated by the European

Border and Coast Guard Agency and involves assistance to their implementation technical

and operational reinforcement  assistance to their implementation  provided to one or

more Member States  or, where relevant, to third countries,  under which returnees  are

returned  from one or more Member States  or from a third country  are returned,

either on a forced or voluntary basis, irrespective of the means of transport;

(3428)‘return intervention’ means an activity of the European Border and Coast Guard

Agency providing Member States  or, where relevant, third countries  with enhanced

technical and operational assistance consisting of the deployment of return teams and the

organisation of return operations;

(3529)‘return teams’ means  a member of, or  teams formed from, the European Border

and Coast Guard standing corps to be deployed during return operations, return interventions

in Member States  or third countries  or other operational activities linked to the

implementation of return-related tasks;

EN 90 EN

(3630)‘immigration liaison officer’ means immigration liaison officer as defined in point 1 of

Article 2 of Regulation (EU) 2019/1240 of the European Parliament and of the Council68;

 new

(37) ‘executive power’ means the power and authority necessary to perform tasks conferred

by applicable Union, international or national law relating to border management or return

which entail the exercise of public authority by operational staff or other relevant staff or

direct enforcement of public power by operational staff ;

(38) ‘pilot project’ means an initiative of an experimental nature related to the tasks of the

Agency referred to in Article 11(1)(33), designed to test its feasibility and usefulness to

pursue the objectives of the European Border and Coast Guard, with clearly determined

resources and specific objectives. It is limited in time and scope and subject to regular

reporting to the management board;

(39) ‘technical assistance’ means any technical, logistical or financial support, provided by

the Agency in line with its mandate and tasks, which does not involve the exercise of

executive powers;

(40) ‘operational assistance’ means any support, provided by the Agency in line with its

mandate and tasks and carried out by operational staff or other relevant staff, which involves

the exercise of executive powers;

(41) ‘identification mission’ means an official travel by representatives of third-country

authorities to the territory of one or more Member States, at the invitation of those Member

States’ authorities and coordinated by the Agency, for the purpose of verifying and

confirming the nationality of their nationals who are illegally staying in the Union and

complete the identification process.

 2019/1896 (adapted)

 new

Article 3

European integrated border management

1. European integrated border management  EIBM  shall consist of the following

components:

(a) border control, including measures to facilitate legitimate border crossings and,

where appropriate: measures related to the prevention and detection of cross-border

crime  and threats of hybrid nature affecting the management of  the external

borders, in particular migrant smuggling, trafficking in human beings, and terrorism;

and mechanisms and procedures for the identification of vulnerable persons and

unaccompanied minors, and for the identification of persons who are in need of

international protection or wish to apply for such protection, the provision of

information to such persons, and the referral of such persons

68 Regulation (EU) 2019/1240 of the European Parliament and of the Council of 20 June 2019 on the

creation of a European network of immigration liaison officers (OJ L 198, 25.7.2019, p. 88 ELI: http://data.europa.eu/eli/reg/2019/1240/oj).

EN 91 EN

(b) search and rescue operations for persons in distress at sea launched and carried out in

accordance with Regulation (EU) No 656/2014 and with international law, taking

place in situations which may arise during border surveillance operations at sea;

(c) analysis of the risks for internal security and analysis of the threats that may affect

the functioning or security of the external borders

(d) information exchange and cooperation between Member States in the areas covered

by this Regulation, as well as information exchange and cooperation between

Member States and the European Border and Coast Guard Agency, including the

support coordinated by the European Border and Coast Guard Agency

(e) inter-agency cooperation among the national authorities in each Member State which

are responsible for border control or for other tasks carried out at the border, as well

as between authorities responsible for return in each Member State, including the

regular exchange of information through existing information exchange tools,

including, where appropriate, cooperation with national bodies in charge of

protecting fundamental rights

(f) cooperation among the relevant Union institutions, bodies, offices and agencies in

the areas covered by this Regulation, including through regular exchange of

information

(g) cooperation with third countries in the areas covered by this Regulation, focusing in

particular on neighbouring third countries and on those third countries which have

been identified through risk analysis as being countries of origin or transit for illegal

immigration;

(h) technical and operational measures within the Schengen area which are related to

border control and designed to address illegal immigration and to counter cross-

border crime better;

(i) the return of third-country nationals who are the subject of return decisions issued by

a Member State  as part of the common system for returns  ;

(j) the use of state-of-the-art technology including large-scale information systems;

(k) a quality control mechanism, in particular the Schengen evaluation mechanism, the

vulnerability assessment and possible national mechanisms, to ensure the

implementation of Union law in the area of border management;

(l) solidarity mechanisms, in particular Union funding instruments.

 new

(m) supporting the implementation of the Union visa policy and preventing abuses by

third-country nationals of short-stay visas, long-stay visas and residence permits,

including through creating synergies with national authorities responsible for the

assessment of applications for short-stay visas, long-stay visas and residence permits.

EN 92 EN

 2019/1896 (adapted)

 new

2. Fundamental rights, education and training, as well as research and innovation shall be

overarching components in the implementation of European integrated border management.

Article 4

European Border and Coast Guard

The national authorities of Member States responsible for border management, including

coast guards to the extent that they carry out border control tasks, the national authorities

responsible for return and the European Border and Coast Guard Agency (‘the Agency’) shall

constitute the European Border and Coast Guard.

Article 5

European Border and Coast Guard Agency

1. The Agency shall be governed by this Regulation.

2. The Agency shall include tThe European Border and Coast Guard standing corps (‘the

standing corps’) referred to in Article 5466 with  shall have  a capacity of up to

 30 000  10 000 operational staff  to be developed  in accordance with Annex I.

3. To ensure coherent  EIBM  European integrated border management, the

Agency shall facilitate and render more effective the application of Union measures relating

to the management of the external borders, in particular Regulation (EU) 2016/399, and of

Union measures relating to return.

4. The Agency shall contribute to the continuous and uniform application of Union law,

including the Union acquis on fundamental rights, in particular the Charter of Fundamental

Rights of the European Union (‘the Charter’), at external borders. Its contribution shall

include the exchange of good practices.

Article 6

Accountability

The Agency shall be accountable to the European Parliament and to the Council in

accordance with this Regulation.

Article 7

Shared responsibility  for the European Integrated Border Management and the

common system for returns 

1. The European Border and Coast Guard shall implement  EIBM  European

integrated border management as a shared responsibility of the Agency and of the national

authorities responsible for border management, including coast guards to the extent that they

carry out maritime border surveillance operations and any other border control tasks. Member

States shall retain primary responsibility for the management of their sections of the external

borders.

EN 93 EN

2. The Agency shall provide technical and operational assistance in the implementation

of measures relating to return as referred to in Article 48  Articles 55, 63 and 64  of this

Regulation, upon request of the Member State concerned or on its own initiative and with the

agreement of the Member State concerned. Member States shall retain sole responsibility for

issuing return decisions and for adopting the measures pertaining to the detention of returnees

in accordance with Directive 2008/115/EC  Regulation (EU) 2026/2280  .

3. Member States shall ensure the management of their external borders and the

enforcement of return decisions, in close cooperation with the Agency, in their own interests

and in the common interest of all Member States in full compliance with Union law, including

respect for fundamental rights, and in accordance with the multiannual strategic policy cycle

for European integrated border management  EIBM  referred to in Article 8.

4. The Agency shall support the application of Union measures relating to the

management of the external borders and the enforcement of return decisions by reinforcing,

assessing and coordinating the actions of Member States and by providing technical and

operational assistance in the implementation of those measures and in return matters. The

Agency shall not support any measures or be involved in any activities related to controls at

internal borders. The Agency shall be fully responsible and accountable for any decision it

takes and for any activity for which it is solely responsible under this Regulation.

5. Member States may cooperate at an operational level with other Member States or

third countries, where such cooperation is compatible with the tasks of the Agency. Member

States shall refrain from any activity which could jeopardise the functioning of the Agency or

the attainment of its objectives. Member States shall report to the Agency on that operational

cooperation with other Member States or third countries at the external borders and in the

field of return. The executive director shall inform the management board of such matters on

a regular basis and at least once a year.

 new

6. To support the implementation of the common system for returns, the Agency shall be

responsible for the strategic planning, prioritisation, coordination and implementation of

return operations, for forced and voluntary returns, and other return-related activities, in line

with the Union's migration policy priorities and based on the operational needs of the Member

States, and in accordance with the procedures laid down in this Regulation.

7. When carrying out national return operations, Member States shall act in coordination with

the Agency.

 2019/1896 (adapted)

 new

Article 8

Multiannual strategic policy cycle for European integrated border management

1. The Commission and the European Border and Coast Guard shall ensure the

effectiveness of European integrated border management  EIBM  by means of a

multiannual strategic policy cycle  for a period of seven years. That cycle shall comprise the

development, implementation, monitoring, evaluation and, where necessary, amendment of

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the multiannual strategic policy  that is adopted  developed  in accordance with the

procedure laid down in paragraph 4  paragraphs 3 to 10  .

2. The multiannual strategic policy for the  EIBM  European integrated border

management shall set out how the challenges in the area of  European integrated  border

management are to be addressed in a coherent, integrated and systematic manner. It shall set

out the policy priorities and provide strategic guidelines for a period of five years in relation

to the components set out in Article 3.

3. The multiannual strategic policy cycle for European integrated border management

shall consist of four stages as set out in paragraphs 4 to 8.

43. On the basis of the strategic risk analysis for  EIBM  European integrated border

management referred to in Article 29(2) 34(2), the Commission shall prepare a policy

document developing a multiannual strategic policy for  EIBM  European integrated

border management. The Commission shall submit that policy document to the European

Parliament and to the Council for discussion. Following that discussion, the Commission,

shall adopt a communication establishing the multiannual strategic policy for  EIBM 

European integrated border management.

54. In order to implement the multiannual strategic policy for  EIBM  European

integrated border management  , within six months following its adoption,  the Agency

shall, by a decision of the management board, on the basis of a proposal from the executive

director that is prepared in close cooperation with the Member States and the Commission,

establish a technical and operational strategy for  EIBM  European integrated border

management. Where justified, the Agency shall take into account the specific situations of the

Member States, in particular their geographical locations. The technical and operational

strategy shall  address, within the Agency’s mandate, the components referred to in  be

in line with Article 3 and  shall be consistent with  the multiannual strategic policy for

 EIBM  European integrated border management. It shall promote and support the

implementation of European integrated border management  EIBM  in all Member

States.

65. In order to implement the multiannual strategic policy for  EIBM  European

integrated border management  , within six months following the adoption of the technical

and operational strategy referred to in paragraph 4  the  each  Member States shall

establish  or update  national strategies for  EIBM  European integrated border

management through close cooperation between all national authorities responsible for the

management of external borders and return.

Those national strategies shall be in line with  address the relevant components referred to

in  Article 3  and shall be consistent with  the multiannual strategic policy for

European integrated border management  EIBM referred to in paragraph 2 and with 

and the technical and operational strategy  referred to in paragraph 4  .

 new

Member States shall transmit their national strategies for EIBM to the Agency and to the

Commission, within the period laid down in the first subparagraph.

6. After receiving from the Member State concerned a national strategy for EIBM

referred to in paragraph 5, the Agency shall assess its completeness in view of Article 3 and

its consistency with the multiannual strategic policy for EIBM referred to in paragraph 2 and

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the technical and operational strategy referred to in paragraph 4. The Agency shall engage in a

dialogue with the Member State concerned with a view to addressing any issues identified in

that assessment.

Following that assessment, the Agency shall report to the Member State concerned and the

Commission. The executive director shall submit that report to the executive board. The

report shall identify, where appropriate, issues relating to the completeness of the national

strategy and its consistency with the multiannual strategic policy for EIBM and with the

technical and operational strategy. It may also refer to the consistency of the national strategy

with the national capability development plan referred to in Article 9(4) and recommend

measures to address the issues identified.

7. Where the Agency identifies persistent issues, including serious inconsistencies with

the multiannual strategic policy for EIBM or with the technical and operational strategy,

persistent delays in the submission or update of the national strategy, or significant gaps in its

completeness, the executive director shall, after consulting the Member State concerned and

the Commission, recommend measures to be taken and the time limit for their

implementation.

8. The executive director shall inform the management board at least once a year of the

implementation of paragraphs 6 and 7, including any persistent issues identified in relation to

national strategies.

 2019/1896 (adapted)

 new

79. Four  Six  years after the adoption of the multiannual strategic policy for

European integrated border management  EIBM  , the Commission shall carry out a

thorough evaluation of its implementation. The results of that evaluation shall be taken into

account in the preparation of the following multiannual strategic policy cycle. Member States

and the Agency shall provide the Commission with the necessary information in a timely

manner for the carrying out of that evaluation. The Commission shall communicate the results

of that evaluation to the European Parliament and to the Council.

810. Where the situation at the external borders or in the area of return requires a change of

the policy priorities, the Commission shall amend the multiannual strategic policy for

European integrated border management  EIBM  or relevant parts thereof in accordance

with the procedure set out in paragraph 43.

Where the Commission amends the multiannual strategic policy as provided for in the first

subparagraph  , the Agency shall, within three months of that amendment, review  the

technical and operational strategy  referred to in paragraph 4 and,  where necessary, be

adapted  update it in accordance with the procedure set out in that paragraph  .

 new

Member States shall, where necessary, update their national strategies and transmit them to

the Agency and to the Commission within six months following the update of the technical

and operational strategy.

The Agency shall assess the updated national strategies in accordance with paragraph 6.

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 2019/1896 (adapted)

 new

Article 9

Integrated planning

1. On the basis of the multiannual strategic policy cycle for European integrated border

management  EIBM   , and taking into account the information available in the

framework of EUROSUR, risk analysis, vulnerability assessments, relevant findings of the

Schengen evaluation and monitoring mechanism and the European Asylum and Migration

report adopted pursuant to Article 9 of Regulation (EU) 2024/1351,  the European Border

and Coast Guard shall establish  and carry out  an integrated planning process for border

management and return., including  That process shall include  operational planning,

contingency planning and capability development planning processes. That integrated

planning process  , and  shall be established in accordance with paragraphs 2, 3 and 4 of

this Article.

 new

The integrated planning process shall be aligned with the multiannual EIBM planning

coordination scheme referred to in Article 10.

 2019/1896

2. Member States and the Agency shall adopt operational plans for border management

and return.

The operational plans of Member States related to border sections with high and critical

impact levels shall be coordinated with Member States and with the Agency with a view to

implementing the necessary cross-border measures and providing for support by the Agency.

 new

The Agency shall adopt operational plans for its own activities in the areas of border

management and return.

The elaboration of operational plans of Member States related to external border sections to

which a high or critical impact level has been attributed in accordance with Article 39 shall be

coordinated, where relevant, with the Member States responsible for neighbouring external

border sections and with the Agency, with a view to implementing the necessary coordinated

operational measures, including measures involving neighbouring external border sections

and, where appropriate, support by the Agency.

Member States shall communicate to the Agency, by 1 November each year, starting from the

year of entry into force of this regulation, their operational plans relating to return, through

the Return Coordination Centre established by Article 54. On the basis of those plans, the

Agency shall assess return needs and capabilities, and shall plan, match and pool resources for

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return activities in accordance with the role assigned to it under Chapter II, Section 8.

Member States shall indicate their priorities regarding the nationalities and profiles of the

returnees.

 2019/1896 (adapted)

For the activities of the Agency, operational planning processes for the following year shall be

set out in an annex to the single programming document referred to in Article 102122. For

each specific operational activity  of the Agency  , operational planning processes shall

result in the operational plans referred to in Article 3843 and Article 74(3)89(3). The

operational plans or parts thereof may be classified where appropriate, in accordance with

Article 11192.

3. Member States shall each adopt a contingency plan for the management of their

borders and return. In line with national integrated border management strategies, the

contingency plans shall describe all the necessary measures and resources for the possible

reinforcement of capabilities, including logistics and support both at national level and from

the Agency.

 new

3. Member States shall each adopt a national contingency plan for the operational

management of their external borders and return and shall keep it up to date. In line with their

national strategies for EIBM, the national contingency plans shall define the necessary

measures and resources for an efficient management of the external borders, addressing

migratory challenges and potential threats at those borders, and ensuring the continuity and

efficiency of return activities.

 2019/1896 (adapted)

 new

The part  parts  of the contingency plans that require additional support from the

European Border and Coast Guard shall be jointly prepared by the Member State concerned

and the Agency, in close coordination with neighbouring Member States  where

relevant  .  Member States shall share the adopted national contingency plans, or the

parts thereof relevant for border management and return, with the Agency and the

Commission upon request. 

4. Member States shall adopt national capability development plans for border

management and return in line with their national  strategies for European  integrated

border management strategies. Those national capability development plans shall describe the

medium- to long-term evolution of the national capabilities for border management and

return.

The national capability development plans shall address the development of each component

 the relevant components  of  EIBM  European integrated border management, in

particular  by setting out  the  multiannual  recruitment and training policy

 needs  of border guards and return specialists  at the national level and yearly

contributions to the European border and return reserve in accordance with Annex I  , the

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acquisition, and maintenance  and interoperability  of equipment  and systems, any

critical dependencies from non-European suppliers,  necessary research and

 innovation  development activities, and the corresponding funding requirements and

sources.

5. The  national  contingency plans and national capability development plans

referred to in paragraphs 3 and 4 shall be based on scenarios that are derived from risk

analysis  , including, where relevant, the strategic risk analysis referred to in Article 34(2),

and shall take into account the results of vulnerability assessments and relevant findings of the

Schengen evaluation and monitoring mechanism  . Those scenarios shall reflect the possible

evolution of the situation at the external borders and in the area of illegal immigration and the

challenges identified in the multiannual strategic policy cycle for European integrated border

management. Those scenarios shall be set out in the contingency plans and national capability

development plans to which they relate.  Those scenarios shall address, in particular,

increases in threats at the external borders, their persistence or sudden escalation, increased

demand for returns, circumstances affecting the effectiveness of return procedures, and the

challenges identified in the multiannual strategic policy cycle for EIBM. Those scenarios shall

be set out in the national contingency plans and national capability development plans to

which they relate. The national contingency plans shall identify, where possible, the scenarios

or circumstances in which support from the Agency may be requested. 

 new

6. Each Member State shall transmit its national capability development plan to the

Agency and the Commission no later than six months after the deadline for establishing or

updating its national strategy for EIBM under Article 8(5) or, where relevant, Article 8(10).

Member States shall update their national capability development plans at least every three

years and following any substantial change affecting their capability development needs for

border management and return, in particular in the allocation of competences relating to

border management and return. They shall transmit the updated national capability

development plan to the Agency and the Commission within one month of their adoption.

Where a Member State fails to transmit a national capability development plan or an update

thereof within the applicable deadlines, or where the transmitted plan is incomplete or

inconsistent with the methodology referred to in paragraph 7 of this Article, the Agency shall

invite the Member State concerned to complete or adjust the plan within a reasonable period.

Where the Member State concerned does not complete or adjust the plan within that period,

the executive director shall inform the management board. The Agency may take that failure

into account, as appropriate, in the vulnerability assessment referred to in Article 37.

7. The methodology and procedure for establishing, updating and submitting the national

contingency plans and national capability development plans referred to in paragraphs 3 and 4

of this Article shall be adopted by the Agency, taking into account the multiannual EIBM

coordination scheme referred to in Article 10, after consultation of the Member States and the

Commission, on the basis of a proposal of the executive director.

The methodology and the procedure shall be regularly updated and shall reflect scenario-

based planning. They shall be accompanied by guidance for their application and standardised

templates for the parts of the national contingency plans that require support from the Agency.

Member States shall establish, update and submit the plans referred to in paragraphs 3 and 4

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in accordance with that methodology. Those plans and any updates thereto shall be complete,

accurate and up to date.

 2019/1896 (adapted)

 new

6. The methodology and the procedure for establishing the plans referred to in paragraphs 3

and 4 shall be adopted by the management board, after consultation with the Member States,

on the basis of a proposal of the executive director.

7 8. The Agency shall  , on an annual basis,  prepare  and update  an overview of

the national capability development plans.  That overview shall take into account

the  and a multiannual strategy for the acquisition of the Agency's equipment referred to in

Article 6377 and the multiannual planning for  the  profiles of staff for the standing

corps.

The Agency shall share that overview with the Member States and with the Commission with

a view to identifying possible  capability gaps, complementarities with Union initiatives in

the field of security and defence,  synergies and opportunities for  interoperability and 

cooperation in the various areas covered by the national capability development plans,

including joint procurement  and, where appropriate, public procurement of innovation  .

On the basis of the identified  capability gaps,  synergies,  and opportunities for

cooperation,  the Agency  shall, where appropriate,  may invite the Member States

 concerned  to participate in follow-up actions for cooperation.

8 9. The management board shall meet at least once a year to discuss and approve the

capability roadmap of the European Border and Coast Guard. The capability roadmap shall be

proposed by the executive director on the basis of the overview  referred to in paragraph

8,  of the national capability development plans, taking into account, inter alia, the results

of the risk analysis and vulnerability assessments carried out in accordance with Articles 2934

and 3237,  relevant findings of the Schengen evaluation and monitoring mechanism,  and

the Agency's own multiannual plans.  The capability roadmap shall prioritise the identified

capability gaps and set out actions and indicative timelines to address them.  Once the

capability roadmap is approved by the management board, it shall be annexed to the technical

and operational strategy referred to in Article 8(45).

 new

Article 10

Multiannual European integrated border management planning coordination scheme

1. The Agency shall, on a proposal from the executive director, and after consultation with the

Member States and the Commission, adopt a multiannual EIBM planning coordination

scheme.

2. The EIBM planning coordination scheme shall set common timelines for the preparation,

transmission, updating and review of the main planning documents and information required

under this Regulation, including the national strategies for EIBM, the national contingency

plans, the national capability development plans, the return planning information referred to

in Article 54(3), the capability roadmap and the relevant strategic and operational planning

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documents of the Agency. It shall support the coherence, predictability and timely alignment

of the integrated planning process referred to in Article 9. The scheme shall respect the

deadlines laid down in this Regulation and shall not introduce additional reporting

obligations.

3. The EIBM planning coordination scheme shall be updated where necessary, in particular

following the adoption, amendment or evaluation of the multiannual strategic policy for

EIBM referred to in Article 8, and taking into account the strategic risk analysis, relevant

findings of vulnerability assessments and other relevant strategic, operational and analytical

information.

 2019/1896 (adapted)

 new

CHAPTER II

FUNCTIONING OF THE EUROPEAN BORDER AND COAST GUARD

SECTION 1

TASKS OF THE EUROPEAN BORDER AND COAST GUARD AGENCY

Article 10 11

Tasks of the European Border and Coast Guard Agency

1. The Agency shall perform the following tasks:

(43) monitor migratory flows and carry out risk analysis as regards all aspects of

integrated border management  , including through processing open-source

information and the analysis of aggregated data derived from monitoring of online

platforms  ;

(1) monitor the operational needs of Member States related to the implementation of

returns, including by collecting  statistical and  operational data;

(2) carry out vulnerability assessments  for border management and return 

including assessments of the capacity and readiness of Member States to face threats

and challenges at the external borders;

(3) monitor the management of the external borders through  deploy  liaison officers

of  the Agency and return liaison officers of  the Agency in Member States

 and in third countries  ;

(4) monitor compliance with fundamental rights in all of its activities at the external

borders and in return operations;

(5) support the development and operation of EUROSUR;

(6) assist Member States in circumstances requiring increased technical and operational

assistance at the external borders by coordinating and organising joint operations,

taking into account that some situations may involve humanitarian emergencies  ,

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response to civil protection tasks,  and rescue at sea in accordance with Union and

international law;

(7) assist Member States in circumstances requiring increased technical and operational

assistance at the external borders by launching rapid border interventions at the

external borders of those Member States facing specific and disproportionate

challenges, taking into account that some situations may involve humanitarian

emergencies and rescue at sea in accordance with Union and international law;

(8) provide technical and operational assistance to Member States and third countries in

accordance with Regulation (EU) No 656/2014 and international law, in support of

search and rescue operations for persons in distress at sea which may arise during

border surveillance operations at sea;

(9) deploy the standing corps in the framework of border management teams, migration

management support teams and return teams (collectively referred to as ‘teams’)

during joint operations, as well as in rapid border interventions, return operations and

return interventions;

(10) set up a technical equipment pool, including a rapid reaction equipment pool, to be

deployed in joint operations, in rapid border interventions and in the framework of

migration management support teams, as well as in return operations and return

interventions;

(11) develop and manage, with the support of an internal quality control mechanism, its

own human and technical capabilities to contribute to the standing corps, including to

the recruitment and training of the members of its staff acting as members of the

teams, and the technical equipment pool;

(12) within the framework of the migration management support teams at hotspot areas:

(i) deploy operational staff and technical equipment to provide assistance

in screening  as set out by the (EU) Regulation 2024/1356 and  debriefing

 as referred to in point (14)  , identification and fingerprinting;

(ii)  where appropriate,  establish a procedure for referring and

providing initial information to persons who are in need of international

protection or wish to apply for such protection, including a procedure for the

identification of vulnerable groups, in cooperation with EASO  EUAA 

and competent national authorities;

(n) provide assistance at all stages of the return process without entering into the merits of

return decisions, which remain the sole responsibility of the Member States, assist with the

coordination and organisation of return operations and provide technical and operational

support to implement the obligation to return returnees and technical and operational support

to return operations and interventions, including in circumstances requiring increased

assistance

 new

(13) organise and carry out debriefings, upon request of the national authorities;

(14) plan, coordinate, and carry out return operations by air, land and sea from the

Member States, manage and operate a Union reintegration programme as well as

provide technical and operational assistance to Member States’ activities in all

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phases of the return process, including return counselling, to implement the common

system for returns;

(15) support the digitalisation of all phases of the return, readmission and reintegration

processes and develop, coordinate, and manage IT tools in these areas;

(16) support Member States with the implementation of the return border procedure in

accordance with Regulation (EU) 2024/1349, in particular with the return of persons

who were refused entry in accordance with Article 4(6) of that Regulation;

(17) support third countries with returns, by way of technical and operational assistance;

 2019/1896 (adapted)

 new

(18) (o) set up  and manage  a pool of forced-return monitors;

(a) (p) deploy return teams during return interventions

 new

(19) support the national authorities in combating cross-border crime, in particular

migrant smuggling, trafficking in human beings and terrorism, and threats of hybrid

nature affecting the management of external borders, including by deployment of

members of the teams;

 2019/1896 (adapted)

 new

(20) (q) within the respective mandates of the agencies concerned, cooperate with

Europol and Eurojust and provide support to Member States in circumstances

requiring increased technical and operational assistance at the external borders in the

fight against cross-border crime and terrorism;

(21) (r) cooperate with EASO  EUAA  within their respective mandates, in

particular to facilitate measures in cases where third-country nationals whose

applications for international protection have been rejected by means of a final

decision are subject to return;

(22) (s) cooperate with the FRA, within their respective mandates, in order to ensure

the continuous and uniform application of the Union acquis on fundamental rights;

(23) (t) cooperate with the European Fisheries Control Agency (EFCA) and the

European Maritime Safety Agency (EMSA), within their respective mandates, in

order to support national authorities carrying out coast guard functions, as set out in

Article 8096, including the saving of lives at sea, by providing services, information,

equipment and training, as well as by  organising or  coordinating multipurpose

operations;

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 new

(24) cooperate with other Union institutions, bodies, offices and agencies;

 2019/1896

(25) (u) cooperate with third countries in relation to the areas covered by this

Regulation, including through the possible operational deployment of border

management teams in third countries;

 new

(26) cooperate with international organisations;

(27) cooperate with Common Security and Defence Policy missions and operations;

 2019/1896 (adapted)

(28) (v) assist Member States and third countries in the context of technical and

operational  assistance  cooperation between them in the matters covered by

this Regulation;

(w) assist Member States and third countries in the training of national border guards,

other relevant staff and experts on return, including through the establishment of

commontraining standards and programmes, including on fundamental rights;

 new

(29) assist Member States in development of integrated planning with a view to achieve

the EIBM objectives;

(30) provide training and assistance in the organisation of training to Member States and

third countries;

(31) provide support to Member States, including to their consulates in third countries,

and to Union delegations, on the implementation of the EU common visa policy, and

to authorities responsible for the assessment of applications for long-stay visas and

residence permits;

 2019/1896 (adapted)

 new

(32) (x) participate in the development and management of research and innovation

activities relevant for the control of the external borders, including the use of

advanced surveillance technology, and develop its own pilot projects, where

necessary, for the carrying out of activities as provided for in this Regulation;

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(33) (y) develop technical standards for information exchange;

(34) (z) support the development of technical standards for equipment in the area of

border control and return, including for the interconnection of systems and networks,

and support, as appropriate, the development of common minimum standards for

external border surveillance, in line with the respective competences of the Member

States and of the Commission;

(35) (aa) establish and maintain the communication network referred to in Article 1415;

(36) (ab) develop, and operate  and maintain  , in accordance with Regulation (EU)

2018/1725, information systems that enable swift and reliable exchanges of

information regarding emerging risks in the management of the external borders,

illegal immigration and  all stages of the  return  process, and that support the

carrying out of border checks,  in close cooperation with the Commission, Union

bodies, offices and agencies as well as the European Migration Network established

by Council Decision 2008/381/EC69;

(37) (ac) provide the necessary assistance for the development  and maintenance  of

a common information-sharing environment, including interoperability of systems,

as appropriate;

(38) (ad) follow high standards for border management  and return  allowing for

transparency and public scrutiny in full respect of the applicable law and ensuring

respect for, and protection and promotion of, fundamental rights;

(39) (ae) manage and operate the False and Authentic Documents Online system

referred to in Article 79 94 and  a compliance programme to carry out compliance

checks of travel documents and  support the Member States  and third

countries  by facilitating the detection of document fraud;

(40) (af) fulfil the tasks and obligations entrusted to the Agency under Regulation (EU)

2018/1240 and ensure the setting up and operation of the ETIAS Central Unit in

accordance with Article 7 of that Regulation;

 new

(41) fulfil the tasks and obligations entrusted to the Agency under Regulation (EC) No

767/2008 of the European Parliament and of the Council70.

 2019/1896

 new

(42) (ag) assist Member States in facilitating persons to cross the external borders  at

the border crossing points and at locations determined in the international

agreements; 

69 Council Decision 2008/381/EC of 14 May 2008 establishing a European Migration Network (OJ L 131,

21.5.2008, p. 7 ELI: http://data.europa.eu/eli/dec/2008/381/oj). 70 Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning

the Visa Information System (VIS) and the exchange of data between Member States on short-stay

visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60, ELI: http://data.europa.eu/eli/reg/2008/767/oj).

EN 105 EN

 new

(43) implement projects supported by Union funding, in particular in third countries.

2. Debriefings referred to in paragraph 1, point (14), shall not allow for the identification or

tracing of the interviewed third country national and, where it takes place adjacent to

screening activities, it shall take place only after the completion of the preliminary health and

vulnerability checks required by Article 12 of Regulation (EU) 2024/1356.

 2019/1896 (adapted)

 new

23. The Agency shall communicate on matters falling within its mandate. It shall provide

the public with accurate, detailed, timely and comprehensive information about its activities.

Such communication shall not be detrimental to the tasks referred to in paragraph 1 of this

Article, and in particular shall not reveal operational information which, if made public,

would jeopardise attainment of the objective of operations. The Agency shall communicate

without prejudice to  affecting  Article 92111 and in accordance with relevant

communication and dissemination plans adopted by the management board and in close

cooperation, where appropriate, with other bodies, offices and agencies.

SECTION 2

INFORMATION EXCHANGE AND COOPERATION

Article 11 12

Duty to cooperate in good faith

The Agency, the national authorities responsible for border management, including coast

guards to the extent that they carry out border control tasks, and the national authorities

responsible for return shall be subject to a duty to cooperate in good faith and an obligation to

exchange information.

Article 12 13

Obligation to exchange information

1. In order to perform the tasks conferred on them by this Regulation, the Agency, the

national authorities responsible for border management, including coast guards to the extent

that they carry out border control tasks, and the national authorities responsible for return

shall, in accordance with this Regulation and other relevant Union and national law regarding

the exchange of information, share in a timely and accurate manner all necessary information.

2. The Agency shall take appropriate measures to facilitate the exchange of information

relevant to its tasks with the Commission and the Member States.

Where information is relevant to the performance of its tasks, the Agency shall exchange that

information with other relevant Union bodies, offices and agencies for the purpose of risk

analysis, collecting statistical data, assessing the situation in third countries, training and the

support to Member States in connection with contingency planning. For that purpose, the

EN 106 EN

necessary tools and structures shall be developed between the Union bodies, offices and

agencies.

3. The Agency shall take all necessary measures to facilitate the exchange of information

relevant for its tasks with Ireland and the United Kingdom where that information relates to

the activities in which they participate  it participates  in accordance with Article 70 84

and Article 100(5) 119(6).

Article 13 14

National contact points

1. Each Member State shall appoint a national contact point for communication with the

Agency on all matters pertaining to the activities of the Agency, without prejudice to the role

of the national coordination centres. The national contact points shall be reachable at all times

and shall ensure the timely dissemination of all information from the Agency to all the

relevant authorities within the Member State concerned, in particular the members of the

management board and the national coordination centre.

2. Member States may designate up to two staff members representing their national

contact point to be assigned to the Agency as liaison officers. The liaison officers shall

facilitate communication between the national contact point and the Agency and may, where

necessary, attend relevant meetings.

3. The Agency shall provide liaison officers with the necessary premises within its

headquarters and with adequate support for the performance of their duties. All other costs

that arise in connection with the deployment of liaison officers shall be covered by the

Member State. The management board shall specify the rules and conditions of the

deployment, as well as the rules concerning adequate support to be provided.

Article 14 15

Communication network

1. The Agency shall establish and maintain a communication network in order to provide

communication and analytical tools and allow for the exchange of sensitive non-classified and

classified information in a secure manner and in near real time  within the European Border

and Coast Guard  , and among, the national coordination centres.

Any system or application using the communication network shall comply with Union law on

data protection throughout its life cycle.

2. The communication network shall be operational twenty-four hours a day and seven

days a week.  It  and shall allow for  secure handling, storing, transmission and

processing of sensitive non-classified information and EU classified information up to the

level of RESTREINT UE/EU RESTRICTED or equivalent national classification levels. 

 new

3. Where justified by operational needs and the sensitivity of the information concerned, the

management board may, at the request of a Member State or the executive director and after

consulting the Security Accreditation Board, decide that specified components, services or

exchanges using the communication network may handle EU classified information up to

EN 107 EN

CONFIDENTIEL UE/EU CONFIDENTIAL or the equivalent national classification level, in

accordance with the applicable security rules.

 2019/1896 (adapted)

43. The communication network shall allow for:

(a) bilateral and multilateral information exchange in near real time;

(b) audio and video conferencing;

(c) secure handling, storing, transmission and processing of sensitive non-classified

information;

(d) secure handling, storing, transmission and processing of EU classified information

up to the level of CONFIDENTIEL UE/EU CONFIDENTIAL or equivalent national

classification levels, ensuring that classified information is handled, stored,

transmitted and processed in a separate and duly accredited part of the

communication network.

25. The Agency shall provide technical support and ensure that the communication

network is permanently available and can support the communication and information system

 systems  managed by the Agency  as referred to in Article 18  .

 new

Article 16

Security Accreditation Authority

1. A Security Accreditation Authority shall be established within the Agency. That

Authority shall be the security accreditation body for the communication and information

systems managed and used solely by the Agency, other than those falling within Article 17(2).

2. The composition, functioning and the tasks of the Security Accreditation Authority

shall be laid down in the security rules of the Agency referred to in Article 111.

3. The Security Accreditation Authority shall cooperate with the Commission Security

Authority, as laid down in Commission Decision (EU, Euratom) 2015/444, in the

accreditation of communication and information systems deployed for the exchange of EU

classified information with other agencies, bodies, the relevant authority of a third country

and international organisations.

Article 17

Security Accreditation Board

1. The Security Accreditation Board shall be established within the Agency.

2. The Security Accreditation Board shall be the security accreditation body for the

communication network regarding the European and external components of EUROSUR and

Agency-managed applications and communication and information systems that are deployed

on, directly connected to, or directly accessible through that network.

EN 108 EN

3. The Security Accreditation Board shall act independently when performing its tasks. It

shall be composed of one representative of each Member State and two representatives of the

Commission. The Agency’s security officer shall act as secretary to the Board. The Board

may set up subordinate bodies to assist it in preparing its decisions. The Commission shall

adopt an implementing act laying down detailed rules on the functioning of the Security

Accreditation Board and on the security accreditation process.

4. Without affecting the responsibilities of the security accreditation authorities of the

Member States for their national components, the Security Accreditation Board shall take the

security accreditation decisions for the components, systems and applications referred to in

paragraph 2 and shall approve the relevant interconnections. Where a security accreditation

decision falls under the responsibility of the Agency but may affect the security of those

components, systems, applications or interconnections, the Security Accreditation Board shall

be consulted by the Security Accreditation Authority referred to in Article 16 before that

decision is taken.

5. Countries associated with the implementation, application and development of the

Schengen acquis shall participate in the Board. They shall each have one representative and

one alternate on the Board. The arrangements developed under the relevant provisions of their

association agreements that specify the nature and extent of, and the detailed rules for, the

participation by those countries in the work of the Agency, including provisions on financial

contributions and staff, shall apply.

 2019/1896 (adapted)

 new

Article 15 18

Information exchange systems and applications managed by the Agency

1. The Agency may take all necessary measures to facilitate the exchange of information

relevant to its tasks with the European Parliament, the Council, the Commission, the Member

States and, where appropriate, other Union institutions, and the Union bodies, offices and

agencies and international organisations listed in Article 68(1) 82(1) and (2) and third

countries as referred to in Article 7185.

2. The Agency shall develop, deploy and operate an information system  or

systems  capable of exchanging classified and sensitive non-classified information with the

actors referred to in paragraph 1 of this Article, and of exchanging personal data referred to in

Articles 86102 to 91 110 in accordance with Article 92111.

3. The Agency shall deploy the information systems referred to in paragraph 2 of this

Article on the communication network referred to in Article 1415 as appropriate.

Article 16 19

Technical standards for information exchange

The Agency shall develop technical standards in cooperation with the Member States in order

to:

(a) interconnect the communication network referred to in Article 14 15 with

national networks used for establishing the national situational pictures referred to in

EN 109 EN

Article 25 28 and other relevant information systems for the purpose of this

Regulation;

(b) develop, and establish interfaces between, relevant information exchange

systems and software applications of the Agency and of the Member States for the

purpose of this Regulation;

(c) broadcast situational pictures and, as appropriate, specific situational pictures

as referred to in Article 27 30 and ensure communication between relevant units and

centres of competent national authorities and with the teams deployed by the Agency

by using various means of communication such as satellite communications and

radio networks;

(d) report the position of own assets, making the best possible use of the

technological development of the satellite navigation system established under the

Galileo programme in accordance with Regulation (EU) No 2021/696 1285/2013 of

the European Parliament and of the Council71.

Article 1720

Information assurance

Member States shall ensure via their national coordination centre and under the supervision of

the competent national authorities that their national authorities, agencies and other bodies,

when using the communication network referred to in Article 14 15 and the information

exchange systems of the Agency:

(a) have proper and continuous access to the relevant systems and networks of the

Agency or to systems and networks connected to them;

(b) comply with the relevant technical standards referred to in Article 16 19;

(c) apply equivalent security rules and standards as those applied by the Agency for the

handling of classified information;

(d) exchange, process and store sensitive non-classified and classified information in

compliance with Article 92 111.

SECTION 3

EUROSUR

Article 18 21

EUROSUR  Integrated framework 

This Regulation establishes EUROSUR as an integrated framework for the exchange of

information and for operational cooperation within the European Border and Coast Guard

 (EUROSUR)  in order to improve situational awareness and to increase reaction

capability for the purposes of  in  border management, including the detection,

prevention and combating of illegal immigration, cross-border crime and  threats of hybrid

71 Regulation (EU) 2021/696 of the European Parliament and of the Council of 28 April 2021 establishing

the Union Space Programme and the European Union Agency for the Space Programme and repealing

Regulations (EU) No 912/2010, (EU) No 1285/2013 and (EU) No 377/2014 and Decision No

541/2014/EU OJ L 170, pp. 69–148 ELI: http://data.europa.eu/eli/reg/2021/696/oj

EN 110 EN

nature affecting the management of external borders, and  contributing to ensuring the

protection and saving the lives of migrants.

 2019/1896 (adapted)

 new

Article 19 22

Scope of EUROSUR

1. EUROSUR shall be used for border checks at authorised border crossing points and

for external land, sea and air border surveillance, including the monitoring, detection,

identification, tracking, prevention and interception of unauthorised border crossings for the

 following purposes  purpose of:

(a) detecting, preventing and combating illegal immigration  migration;  , and

cross-border crime  at external borders  ; and

(b) contributing to ensuring the protection and saving lives of migrants.

 new

EUROSUR shall also include information on security at the external borders and threats of

hybrid nature affecting the management of external borders.

 2019/1896 (adapted)

 new

2. EUROSUR shall not be used for any legal or administrative measure taken once the

competent authorities of a Member State have intercepted cross-border criminal activities or

unauthorised crossings by persons of the external borders.

Article 20 23

EUROSUR components

1. Member States and the Agency shall use EUROSUR for the exchange of information

and for the cooperation in the field of border control, taking into account existing information

exchange and cooperation mechanisms. EUROSUR shall consist of the following

components:

(a) national coordination centres as referred to in Article 21 24;

(b) national situational pictures as referred to in Article 25 28;

(c) a European situational picture as referred to in Article 26 29, including information

on external border sections with corresponding impact levels;

(d) specific situational pictures as referred to in Article 27 30;

(e) EUROSUR fusion services as referred to in Article 28 31;

(f)integrated planning as referred to in Article 9.

EN 111 EN

2. The national coordination centres shall provide the Agency, via the communication

network referred to in Article 14 15 and relevant systems, with  such  information from

their national situational pictures and, as appropriate, from specific situational pictures, which

 as  is required for the establishment and maintenance of the European situational

picture.

3. The Agency shall give the national coordination centres, via the communication

network, unlimited access twenty-four hours a day, seven days a week, to specific situational

pictures and to the European situational picture.

Article 21 24

National coordination centres

1. Each Member State shall designate, operate and maintain a national coordination

centre. Which  The national coordination centre  shall coordinate  the operational

cooperation  , and exchange information among, all authorities having responsibility for

external border control at national level, as well as with the other national coordination

centres and the Agency.

Each Member State shall notify the establishment of its national coordination centre to the

Commission, which shall forthwith inform the other Member States and the Agency thereof.

2. Without prejudice to  affecting  Article 13 14and within the framework of

EUROSUR, the national coordination centre shall be the single point of contact for the

exchange of information  through EUROSUR  and for the cooperation with other

national coordination centres and with the Agency.

3. The national coordination centres shall:

(a) ensure the timely exchange of information  through EUROSUR  and timely

cooperation between all national authorities having responsibility for external border

control at national level, as well as  and  with other national coordination

centres and the Agency;

(b) ensure the timely exchange of information with search and rescue, law enforcement,

asylum and immigration authorities and manage the dissemination of relevant

information at national level  through EUROSUR  ;

(c) contribute to an effective and efficient management of resources and personnel,

 including infrastructure and technical equipment used for border management  ;

(d) establish and maintain the national situational pictures in accordance with Article 25

28;

(e) support the coordination, planning and implementation of national border control;

(f) coordinate the national border control systems, in accordance with national law;

(g) contribute to regularly measuring the effects of national border control for the

purposes of this Regulation;

(gh) coordinate operational measures with other Member States and third countries,

without prejudice to  affecting  the competences of the Agency and of the other

Member States;

(h) (i) exchange relevant information with the immigration liaison officers of their

Member State, where designated, through appropriate structures established at

EN 112 EN

national level, with a view to contributing to the European situational picture and

supporting border control operations;

(i)(j) under the supervision of the competent national authorities, contribute

to the information assurance of national information systems and the Agency's

information systems.

4. Member States may charge regional, local, functional or other authorities which are in

a position to take operational decisions with ensuring situational awareness and reaction

capability in their respective areas of competence, including the tasks and competences listed

in paragraph 3, points (c), (e), (f)  and (g)  of paragraph 3.

5. The decision of a Member State to allocate tasks in accordance with paragraph 4 shall

not affect the national coordination centre in its ability to cooperate and exchange information

with other national coordination centres and the Agency.

6. In pre-defined cases, as determined at national level, a national coordination centre

may authorise an authority referred to in paragraph 4 to communicate and exchange

information with the regional authorities or the national coordination centre of another

Member State or the competent authorities of a third country on condition that such

authorised authority regularly informs its own national coordination centre of such

communication and exchange of information.

7. The national coordination centre shall operate twenty-four hours a day, seven days a

week.

Article 22 25

EUROSUR Handbook

1. The Commission shall, in close cooperation with the Agency and any other relevant

Union body, office or agency, adopt and make available a practical handbook for the

implementation and management of EUROSUR (the ‘EUROSUR Handbook’). The

EUROSUR Handbook shall provide technical and operational guidelines, recommendations

and best practices, including in relation to cooperation with third countries. The Commission

shall adopt the EUROSUR Handbook in the form of a recommendation.

2. The Commission may decide, after consultation with Member States and the Agency,

to classify parts of the EUROSUR Handbook as RESTREINT UE/EU RESTRICTED in

compliance with the rules laid down in the Rules of Procedure of the Commission.

Article 23 26

Monitoring of EUROSUR

1. The Agency and the Member States 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 continuously monitor the quality of the service offered by the

communication network referred to in Article 14 15 and the quality of the data shared in the

European situational picture  and prepare on a yearly basis a report with the main findings

taking into account the results of the Schengen evaluation and monitoring mechanism  .

3. The Agency shall transmit information collected as part of the monitoring under

paragraph 2 to the national coordination centres and the relevant command and control

EN 113 EN

structures used for the Agency's operations as part of the EUROSUR fusion services. Such

information shall be classified RESTREINT UE/EU RESTRICTED.

 new

4. The executive director shall, without undue delay, take the appropriate steps in accordance

with Article 46, after having consulted the management board where:

a) the monitoring reveals data quality deficiencies having a serious impact on the

vulnerability of a given border section or reveals significant anomalies or emerging

trends which may indicate a risk of escalation at the external borders;

b) an incident of a large scale occurs or an event emerges on an external border section ;

c) the results of the report referred to in paragraph 2 identify persistent delays in reporting

of information or insufficient quality of reported data by a Member State;

d) the results of the monitoring of online platforms reveal suspicious behaviours or

trends.

 2019/1896 (adapted)

 new

SECTION 4

SITUATIONAL AWARENESS

Article 24 27

Situational pictures

1. The national situational pictures, the European situational picture and the specific

situational pictures shall be produced through the collection, evaluation, collation, analysis,

interpretation, generation, visualisation and dissemination of information.

2. The situational pictures referred to in the first subparagraph 1 shall consist of the

following information layers:

(a) an events layer that includes events and incidents related to unauthorised border

crossings, and cross-border crime  , threats of hybrid nature affecting the

management of external borders   and other events,  and, where available,

information on unauthorised secondary movements, for the purpose of understanding

migratory trends, volume and routes;

(b) an operational layer that contains information on operations, including the

deployment plan, area of operations, and the position, time, status and type of assets

participating as provided for in the operational plan  or a EUROSUR cooperation

plan referred to in Article 30(4)  ;

(c) an analysis layer that contains analysed information which is relevant for the

purposes of this Regulation and, in particular, is relevant to the attribution of impact

levels to the external border sections, such as imagery and geo-data, key

EN 114 EN

developments and indicators, analytical reports, and other relevant supporting

information.

23. The situational pictures referred to in paragraph 1 shall allow for the identification and

tracing of events  and incidents  , operations and corresponding analysis relating to

situations where human lives are at risk.

4. The Commission shall adopt an implementing act laying down the details of the

information layers of the situational pictures and the rules for the establishment of specific

situational pictures. The implementing act shall specify the type of information to be

provided, the entities responsible for collecting processing, archiving and transmitting specific

information, the maximum time limits for reporting, the data security and data protection rules

and related quality control mechanisms. That implementing act shall be adopted in accordance

with the examination procedure referred to in Article 122(2) 142(2).

Article 25 28

National situational pictures

1. Each national coordination centre shall establish and maintain a national situational

picture in order to provide all authorities having responsibility for external border control at

national level with effective, accurate and timely information.

2. The national situational picture shall be composed of information collected from the

following sources:

(a) the national border surveillance system in accordance with national law;

(b) stationary and mobile sensors operated by national authorities having 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, including immigration liaison

officers, operational centres and contact points;

(f) border checks;

(g) the Agency;

(h) national coordination centres in other Member States;

(i) authorities of third countries, on the basis of bilateral or multilateral agreements and

regional networks referred to in Article 7286;

(j) ship reporting systems in accordance with their respective legal bases;

(k) other relevant European and international organisations

(l) other sources.

 new

3. The national coordination centre shall report events and incidents to the Agency

within 24 hours after being made aware of an event has occurred or is likely to occur.

EN 115 EN

 2019/1896 (adapted)

 new

34. Each national coordination centre shall attribute a single indicative impact level,

ranging from ‘low’ and ‘medium’ to ‘high’ and ‘  critical  very high, to each incident

 or event  in the events layer of the national situational picture. All incidents  and

events  shall be shared with the Agency.

45. Each national coordination centre may decide, at the request of the competent national

authorities, to restrict access to information related to national security, including military

assets, on a need-to-know basis.

56. The national coordination centres of neighbouring Member States may share with each

other, directly and in near real time, the situational picture of neighbouring external border

sections, including the positions, status and type of own assets operating in the neighbouring

external border sections.

Article 26 29

European situational picture

1. The Agency shall establish and maintain a European situational picture in order to

provide the national coordination centres, and the Commission  and other Union agencies

operating to protect the European area of freedom, security, and justice established under Title

V of Part Three of the Treaty, as well as EFCA and EMSA, in line with their respective

mandates,  with effective, accurate and timely information and analysis, covering the

external borders, the pre-frontier area and unauthorised secondary movements.  Working

arrangements referred to in Article 82(3) of this Regulation with those Agencies shall

determine the conditions for the provision of information from the European situational

picture. 

2. The European situational picture shall be composed of information collected from the

following sources:

(a) national coordination centres, and national situational pictures and information and

reports received from immigration liaison officers to the extent required by this

Article  deployed in the context of Regulation 2019/1240  ;

(b) the Agency, including the information and reports provided by its liaison officers in

accordance with Articles 31 36 and 77 92;

(c) Union delegations and Common Security and Defence Policy (CSDP) missions and

operations as provided for in point (j) of the second subparagraph of Article 68(1)

 82(1), point (n) ;

(d) other relevant Union bodies, offices and agencies and international organisations

listed in  accordance with  Article 68(1)  82 ;

(e) authorities of third countries, on the basis of bilateral or multilateral agreements and

regional networks as referred to in Articles 72 86, 87, status agreements as referred

to in Article 88(3)  and working arrangements as referred to in Article 73(4) 88(6);

EN 116 EN

 new

(f) aggregated and anonymised data derived from the monitoring of online platforms

carried out in relation to monitoring of migratory flows referred to in Article 33(1),

 2019/1896 (adapted)

 new

(g) (f) other sources.

3. The events layer of the European situational picture shall include information relating

to:

(a) incidents and other events contained in the events layer of the national situational

pictures;

(b) incidents and other events contained in the  events layer of the  specific

situational pictures as provided for in Article 27;

(c) incidents  and other events  in the operational area of a joint operation or rapid

intervention coordinated by the Agency, or in a hotspot  including in area of

operation of the migration management support teams  .

4. The operational layer of the European situational picture shall contain information on

the joint operations and rapid interventions coordinated by the Agency and on hotspots

 including in area of operation of the migration management support teams.   It

shall  , and include the mission statements, locations, status, duration, information on the

Member States and other actors involved, daily and weekly situational reports, statistical data

and information packages for the media.

5. Information on own assets  used  in the operational layer of the European

situational picture may, where appropriate, be classified as RESTREINT UE/EU

RESTRICTED.

6. In the European situational picture, the Agency shall take into account the impact

levels that were assigned to specific incidents  or events  in national situational pictures

by the national coordination centres. For any incident  or event  in the pre-frontier area,

the Agency shall assign a single indicative impact level and shall inform the national

coordination centres thereof.

Article 27 30

Specific situational pictures

 new

1. Member States may establish specific situational pictures necessary for cooperation

and exchange of information in the framework of EUROSUR under bilateral or multilateral

agreements with third countries.

EN 117 EN

 2019/1896 (adapted)

 new

1 2. The Agency and the Member States may establish and maintain specific situational

pictures  necessary for cooperation and exchange of information in the framework of

EUROSUR  in order to support specific operational activities at the external borders or to

share information with Union institutions, bodies, offices and agencies and international

organisations listed  on the basis of working arrangements referred to in  Article 68(1)

 82(1)  or third countries as provided for  in accordance with Article  75  90  .

23. The specific situational pictures shall be composed of subset of  contain pre-

agreed  information  from  the national and European situational pictures  as

provided for in the plans referred to paragraph 3  .

34. The detailed rules for establishing and sharing the specific situational pictures shall be

set out in an operational plan for  joint operations.  the operational activities concerned

 Where a specific situational picture is established in the framework of bilateral or

multilateral cooperation with third countries, the detailed rules for establishing and sharing the

specific situational picture shall be set out in a bilateral or multilateral agreement or, where

that cooperation takes place under a working arrangement, in a EUROSUR cooperation

plan.  and in a bilateral or multilateral agreement where a specific situational picture is

established in the framework of bilateral or multilateral cooperation with third countries.

5. Any sharing of information under this paragraph  3  shall be carried out in

accordance with the principle of originator's consent.

Article 28 31

EUROSUR fusion services

1 The Agency shall coordinate the EUROSUR Fusion Services. in order to supply the

national coordination centres, the Commission and itself with information on the external

borders and on the pre-frontier area on a regular, reliable and cost-efficient basis.

 new

1. The Agency shall coordinate and be able to use the EUROSUR fusion services. Such

coordination and use shall concern the tasks set out in paragraph 2 of this Article. The Agency

shall provide information on the external borders and on the pre-frontier area, upon request

and on cost-efficient basis, to the Commission, the EEAS, other Union agencies operating to

protect the European area of freedom, security, and justice established under Title V of Part

Three of the Treaty, and EFCA and EMSA, in accordance with their mandates, or the Agency

itself.

 2019/1896 (adapted)

 new

2. The Agency shall provide  the  national coordination centre, at its request, with

information on  areas located at  the external borders of the  that  Member State to

which it belongs and on the pre-frontier area, which may be derived from  include  :

EN 118 EN

(a) the selective monitoring of designated third-country ports and coasts which have

been identified through risk analysis and information as being embarkation or transit

points for vessels or other craft used for illegal immigration or cross-border crime;

(b) the tracking of vessels or other craft over high seas and the tracking of aircraft, where

those vessels, other craft or aircraft are suspected of, or have been identified as, being

used for illegal immigration or cross-border crime, including in the case of persons in

distress at sea, with a view to transmitting that information to the relevant authorities

that are competent for search and rescue operations  , also with the use of

information from CISE  ;

(c) monitoring of designated areas in the maritime domain in order to detect, identify

and track vessels and other craft being used for, or suspected of being used for,

illegal immigration or cross-border crime, including in the case of persons in distress

at sea with a view to transmitting that information to the relevant authorities that are

competent for search and rescue operations;

(d) monitoring of designated areas of air borders in order to detect, identify and track

aircraft and other forms of equipment being used for, or suspected of being used for,

illegal immigration or cross-border crime;

(e) environmental assessment of designated areas in the maritime domain and at the

external land and air borders in order to optimise monitoring and patrolling activities;

(f) selective monitoring of designated pre-frontier areas  or areas  at the external

borders which have been identified through risk analysis and information as being

potential departure or transit areas for illegal immigration or cross-border crime;

(g) monitoring migratory flows towards and within the Union in terms of trends, volume

 , nationalities  and routes;

(h) media monitoring, open source intelligence  information collection  and analysis

of internet activities in line with Directive (EU) 2016/680 or Regulation (EU)

2016/679, as applicable, for the purpose of preventing illegal immigration or cross-

border crime  including the facilitation of illegal immigration and trafficking in

human beings  ;

(i) analysis of information derived from large-scale information systems for the purpose

of detecting changing routes and methods used for illegal immigration and cross-

border crime;

 new

(j) monitoring threats of hybrid nature affecting the management of external borders

including the instrumentalisation of migration, disinformation, or cross-border

criminal activity.

3. The Agency shall provide information, upon their request, to the Commission, the EEAS,

other Union agencies operating to protect the European area of freedom, security, and justice,

established under Title V of Part Three of the Treaty, and EFCA and EMSA, in accordance

with their mandates, on areas located at the external borders and on the pre-frontier area. That

information shall be provided subject to the consent of the Member States concerned and on

the basis of a working arrangement with the requesting side.

EN 119 EN

4. The Agency shall prioritise EUROSUR fusion service requests. The priority shall be given

to a request from a national coordination centre. Where two or more national coordination

centres made a request, the assessment of the priority shall take into account the single

indicative impact level on the incidents related to illegal immigration, cross-border crime or

threats of hybrid nature affecting the management of external borders occurring at the relevant

border section or other events.

5. The information on areas at the external borders and on the pre-frontier area collected by

activating the EUROSUR fusion services shall, where relevant, be included in the European

situational picture.

 2019/1896

36. The Agency may refuse a request from a national coordination centre for technical,

financial or operational reasons. The Agency shall notify the national coordination centre in

due time of the reasons for such a refusal.

47. The Agency may use, on its own initiative, the surveillance tools referred to in

paragraph 2 for collecting information on the pre-frontier area, which is relevant for the

European situational picture.

 new

Article 32

Advance warning mechanism

1. As a derogation from Article 28(3), when the single indicative impact level on incidents or

events taking place at a given border section increases, the national coordination centre shall

notify the Agency immediately. The Agency shall report this information in the European

situational picture in the form of an alert and support the given national coordination centre in

monitoring the migratory situation at this given border section in accordance with Article 26.

2. As a derogation from Article 31(7), where a high or critical impact level is attributed to an

external border section, the Agency shall launch EUROSUR fusion service(s) or intensify the

existing one(s) over the external border section concerned and consult the Member State

concerned thereof immediately. Information deriving from this EUROSUR fusion service(s)

shall be included in the European situational picture.

3. Where the Agency identifies any atypical activity in the monitored external border section

in connection with security of external borders or migratory movements, it shall notify the

national coordination centre concerned immediately and take the appropriate steps in

accordance with Article 46.

4. Where the results of the vulnerability assessment, the Agency’s risk analysis or crisis

management, early warning and forecasting tools identify emerging illegal immigration or

cross-border crime threats in pre-frontier area, the Agency shall launch the EUROSUR fusion

services on its own initiative as referred to in Article 31(7). Information deriving from the

EUROSUR fusion services shall be shared in the European situational picture, with the

Commission, the EEAS and other Union agencies as referred to in Article 31(1).

EN 120 EN

5. Where the Agency identifies any atypical activity in connection with security of external

borders or migratory movements while performing the EUROSUR fusion services as referred

to in paragraph 4, it shall notify all national coordination centres immediately and include that

information in the European situational picture in the form of an alert. The Agency shall take

the appropriate steps in accordance with Article 46.

Article 33

Online monitoring and response centre

1. The Agency shall set up and operate an online monitoring and response centre. The tasks of

the centre shall be to:

(a) monitor, for the purpose of risk analysis, situational awareness and prevention of risks

relevant for management of external borders and migration, the publicly accessible

user generated content specified in paragraph 3 of this Article, provided by recipients

of intermediary services referred to in Article 3, point (g), of Regulation (EU)

2022/2065;

(b) notify online platforms in accordance with Article 16 of Regulation (EU) 2022/2065

of illegal content on their service, including where acting as a trusted flagger within

the meaning and according to the procedure set out in Article 22 of that Regulation;

(c) take actions determined in any relevant code of conduct within the meaning of Article

45 of Regulation (EU) 2022/2065;

(d) take actions determined in any crisis protocol, in particular in accordance with Article

48 of Regulation (EU) 2022/2065;

(e) ask the national competent authorities to issue, where appropriate, orders to request

information or to act against illegal content as referred to in Articles 9 and 10 of

Regulation (EU) 2022/2065.

2. The Agency shall ensure that the risk analysis of aggregated data derived from online

monitoring of content provided by recipients of intermediary services is included in the

European situational picture referred to in Article 29(2), point (f).

3. The online monitoring and response centre shall monitor the online content which

facilitates, promotes or provides instructions for unauthorised crossing of the external borders

of the Union, in a manner likely to endanger the security of those borders or the safety of

persons crossing, or intending to cross, them. In particular, it shall focus on the following:

(a) content calling for, organising or providing instructions on unauthorised crossing of

the external borders;

(b) content relating to smuggling of migrants or other cross-border criminal activity;

(c) content inciting violence at the borders;

(d) calls for, or provides information on, the disruption of border infrastructure;

(e) content calling for or providing information relevant for:

(i) instrumentalisation and weaponisation of migration;

(ii) disinformation;

(iii) cyber incidents affecting border management systems or technical infrastructure;

(iv) interference with infrastructure relevant to border management; and

(v) cross-border criminal activities forming part of a broader hybrid campaign.

EN 121 EN

4. The Agency may ask the Commission to encourage and facilitate the drawing up of

voluntary codes of conduct at Union level within the meaning of Article 45 of Regulation

(EU) 2022/2065, to address specific challenges of tackling different types of content referred

to in paragraph 3 of this Article and systemic risks, in accordance with Union law.

5. The Commission shall draw up a crisis protocol pursuant to Article 48 of Regulation (EU)

2022/2065 to address the crisis situations at the external borders.

6. The online monitoring and response centre shall cooperate with relevant Union agencies, in

particular the European Centre Against Migrant Smuggling established at Europol.

7. Where, in the course of its activities, the monitoring and response centre identifies a need

for coordination, cooperation or support in relation to the content relevant for prevention and

combating of migrant smuggling, it shall notify Europol or other relevant EU entity to that

effect and, where appropriate, initiate the procedure for sharing the relevant information with

Europol, in accordance with the applicable rules on the exchange of information under this

Regulation.

8. The online monitoring and response centre shall cooperate with other relevant independent

stakeholders in the area of online monitoring, in particular external actors active in media

monitoring, for the purpose of identifying content relevant to the management of external

borders and migration flows.

9. The online monitoring and response centre shall report to the Commission on its activities

on a regular basis and, upon request, share the risk analysis and other outputs related to its

operations. The online monitoring and response centre shall also inform the Commission

about:

(a) requests to the intermediary service providers referred to in paragraph 1, points (b) to

(e);

(b) online content identified at the intermediary service providers as an online platform

requiring development of counternarrative by the Commission and the Agency;

(c) information in the European situational picture and EUROSUR, in accordance with

paragraph 3.

10. The Agency may cooperate with the relevant border management authorities or other

competent authorities of third countries with due regard to the existing bilateral and

multilateral arrangements applicable to that country, countries on the response to the online

content identified by the online monitoring and response centrer at intermediary service

providers.

11 Upon a proposal from the Executive Director, the Management Board shall adopt

implementing rules on how the online monitoring and response centre operates, including on

its tasks and composition. Union bodies or agencies may participate in preparation of the

implementing rules in accordance with their respective mandates.

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 2019/1896 (adapted)

 new

SECTION 5

RISK ANALYSIS

Article 29 34

Risk analysis

1. The Agency shall monitor migratory flows towards the Union, and within the Union in

terms of migratory trends, volume and routes, and other trends or possible challenges at the

external borders and with regard to return. For that purpose, the Agency shall, by a decision of

the management board based on a proposal from the executive director, establish a common

integrated risk analysis model, which shall be applied by the Agency and the Member States.

The common integrated risk analysis model shall be established and updated, where needed,

on the basis of the outcome of the evaluation of the implementation of the multiannual

strategic policy cycle for  EIBM  European integrated border management referred to in

Article 8(79)  and taking into account the effective functioning of the common system for

returns  .

2. The Agency shall prepare general annual risk analyses, which shall be submitted to the

European Parliament, to the Council and to the Commission applying the security rules

adopted in accordance with Article 92 111, and tailored risk analyses for operational activities

 , including dedicated risk analysis focusing on specific third countries, identifying evolving

trends in document fraud for the purpose of short stay and long stay visas, visa abuses, and

visa misuse and fraudulent practices, and abuses in relation to long-stay visas and residence

permits, for the Agency’s support to Member States in visa policy  . Every two years, the

Agency, in close consultation with the Member States, shall prepare and submit to the

European Parliament, to the Council and to the Commission a strategic risk analysis for

 EIBM  European integrated border management. Such strategic risk analyses shall be

taken into account for the preparation of the multiannual strategic policy cycle for

 EIBM  European integrated border management. The Agency shall prepare such

general annual risk analyses and strategic risk analyses on the basis of information received,

including from the Member States. Personal data shall be anonymised in the results of such

risk analyses.

3. The risk analyses referred to in paragraph 2 shall cover all aspects relevant to

 EIBM  European integrated border management with a view to developing a pre-

warning mechanism.

 4. The Agency shall process and use for the purpose of risk analysis only anonymised

and statistical data obtained from the monitoring of hub platforms referred to in Article 29(2),

point (f), and debriefing referred to in Article 45(5), point (b). 

45. The Agency shall publish comprehensive information on the common integrated risk

analysis model.

56. Member States shall provide the Agency with all necessary information regarding the

situation, trends and possible threats at the external borders and in the field of return. Member

States shall regularly, or upon the request of the Agency, provide it with all relevant

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information such as statistical and operational data collected in relation to  EIBM 

European integrated border management that is included in the list of mandatory information

and data to be exchanged with the Agency as referred to in Article 100(2) 119(2), point (5), as

well as information from the analysis layers of the national situational pictures as provided for

in Article 2528.

67. The results of the risk analysis shall be submitted to the management board and shared

with the competent authorities of the Member States in a timely and accurate manner.

78. Member States shall take results of the risk analysis into account  for integrated

planning, and  when planning their operations and activities at the external borders and

their activities with regard to return.

89. The Agency shall incorporate the results of a common integrated risk analysis model

in its development of common core curricula for training as referred to in Article 6275.

 2019/1896

 new

SECTION 6

PREVENTION AND RESPONSIVENESS

Article 30 35

Determination of external border sections

For the purposes of this Regulation, each Member State shall divide its external borders into

external border sections. Those sections shall consist of land, sea and, where a Member State

so decides, air border sections. Each Member State shall notify such external border sections

to the Agency.

Member States shall notify any change of external border sections to the Agency in a timely

manner to ensure the continuity of risk analysis by the Agency.

Article 31 36

Agency liaison officers in Member States

1. The Agency shall ensure the regular monitoring of all Member States' management of

the external borders and return through liaison officers of the Agency.

The Agency may decide that a liaison officer covers up to four  one or more  Member

States which are geographically close to each other.

2. The executive director shall appoint experts from the statutory staff to be deployed as

liaison officers. The executive director shall, on the basis of risk analysis and in consultation

with the Member States concerned, make a proposal on the nature and terms of the

deployment, the Member State or region to which a liaison officer may be deployed and

possible tasks not covered by paragraph 3. The proposal from the executive director shall be

subject to approval by the management board. The executive director shall notify the Member

State concerned of the appointment and shall determine, together with that Member State, the

location of deployment.

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3. The liaison officers shall act on behalf of the Agency, and their role shall be to foster

cooperation and dialogue between the Agency and the national authorities responsible for

border management, including coast guards to the extent that they carry out border control

tasks, as well as the national authorities responsible for return. The liaison officers shall, in

particular:

(a) act as an interface between the Agency and the national authorities responsible for

border management, including coast guards to the extent that they carry out border

control tasks, as well as the national authorities responsible for return;

(b) support the collection of information required by the Agency for the monitoring of

illegal immigration and risk analyses referred to in Article 2934;

(c) support the collection of information referred to in Article 3237 and required by the

Agency to carry out vulnerability assessments and prepare a report for that purpose;

(d) monitor the measures taken by the Member State at external border sections to which

a high or critical impact level has been attributed in accordance with Article 3439;

(e) contribute to promoting the application of the Union acquis relating to the

management of the external borders and return, including with regard to respect for

fundamental rights;

(f) cooperate with the fundamental rights officer, where necessary, with a view to

promoting respect for fundamental rights in the work of the Agency in line with

point (e);

(g) where possible, assist the Member States in preparing their contingency plans

concerning border management;

(h) facilitate the communication between the Member State concerned and the Agency,

share relevant information from the Agency with the Member State concerned,

including information about ongoing operations;

(i) report regularly and directly to the executive director on the situation at the external

borders and the capacity of the Member State concerned to deal effectively with the

situation at the external borders; report also on the execution of return operations

towards relevant third countries;

(j) monitor the measures taken by the Member State with regard to a situation requiring

urgent action at the external borders as referred to in Article 4247;

(k) monitor the measures taken by the Member State with regard to return and support

the collection of information required by the Agency to carry out the activities

referred to in Articles 48  55, 63 and 64  .

4. If the reporting by the liaison officer referred to in paragraph 3, point (i), raises

concerns about one or more aspects relevant for the Member State concerned, the executive

director shall inform that Member State without delay.

5. For the purposes of paragraph 3, the liaison officer shall, in compliance with the

national and Union security and data protection rules:

(a) receive information from the national coordination centre concerned and the relevant

national situational picture established in accordance with Article 2528;

(b) keep regular contacts with national authorities which are responsible for border

management, including coast guards to the extent that they carry out border control

EN 125 EN

tasks, as well as the national authorities responsible for return, whilst informing the

national contact point concerned.

6. The report of the liaison officer referred to in paragraph 3, point (i), of this Article

shall form part of the vulnerability assessment referred to in Article 3237. The report shall be

transmitted to the Member State concerned.

7. In carrying out their duties, the liaison officers shall take instructions only from the

Agency.

Article 32 37

Vulnerability assessment

1. The Agency shall establish a common vulnerability assessment methodology by

decision of the management board, on the basis of a proposal from the executive director

prepared in close cooperation with the Member States and the Commission. That

methodology shall include objective criteria against which the Agency shall carry out the

vulnerability assessment, the frequency of such assessments, how consecutive vulnerability

assessments are to be carried out, and arrangements for an effective system for monitoring the

implementation of recommendations of the executive director as referred to in paragraph 7.

2. The Agency shall monitor and assess the availability of the technical equipment,

systems, capabilities, resources, infrastructure and adequately skilled and trained staff of

Member States necessary for:

(a) border control as referred to in point (a) of Article 3(1), point (a),

 new

(b) return as referred in Article 3(1), point (i),

 2019/1896

 new

In that context, the Agency shall assess the national capability development plans referred to

in Article 9(4)  and, where available, contingency plans referred to in Article 9(3)  as

regards the capacity to perform border control taking into account the fact that some national

capabilities may be partially used for purposes other than border control. For future planning,

the Agency shall carry out such monitoring and assessment as a preventive measure on the

basis of the risk analyses prepared in accordance with Article29(2)34(2).

 new

The Agency shall monitor and assess in qualitative and quantitative terms, the Member States'

capacity to carry out all border management and return-related tasks, including, where

appropriate, their capacity to deal with the potential arrival of large numbers of persons on

their territory or with a potential large number of returns to be processed within the legally

prescribed deadlines.

EN 126 EN

The Agency shall also monitor and assess the quality of data in the framework of EUROSUR

and findings of the report referred to in Article 26(2) specifically with regard to the European

situational picture.

 2019/1896 (adapted)

 new

3. The Agency shall carry out such monitoring and assessment at least once a year,

unless the executive director, on the basis of risk analysis,  the results of the Schengen

evaluation and monitoring mechanism  or a previous vulnerability assessment, decides

otherwise. In any event, each Member State shall be subject to monitoring and assessment at

least once every three years.

34. Without prejudice to  affecting  Article 9, Member States shall, at the request of

the Agency, provide information as regards technical equipment, staff and, to the extent

possible, the financial resources available at national level to carry out border control  and

return-related activities  . Member States shall also provide information on their

contingency plans on border management  and return-related activities  at the Agency's

request.

 new

5. The Agency may refer to other Union agencies for information relevant for tasks related to

assessment and monitoring in accordance with paragraph 2.

 2019/1896 (adapted)

46. The aim of  In  the vulnerability assessment is for the Agency  shall  :

(a) to assess the capacity and readiness of Member States to face present and upcoming

challenges at the external borders;

(b) to identify, especially for those Member States facing specific and disproportionate

challenges, possible immediate consequences at the external borders and subsequent

consequences on the functioning of the Schengen area;

(c) to assess their capacity to contribute to the standing corps and to the technical

equipment pool, including the rapid reaction equipment pool; and

(d) to assess the hosting capacity of Member States with regard to support from the

European Border and Coast Guard in line with Article 9(3);

 new

(e) assess the capacity and readiness of Member States to face present and upcoming

challenges related to return, and in particular in relation to the implementation of the return

border procedure in accordance with Regulation (EU) 2024/1349.

EN 127 EN

 2019/1896 (adapted)

That assessment shall be without prejudice to  not affect  the Schengen evaluation

mechanism.

5. In the vulnerability assessment, the Agency shall assess, in qualitative and quantitative

terms, the Member States' capacity to carry out all border management tasks, including their

capacity to deal with the potential arrival of large numbers of persons on their territory

 new

7. The Agency may carry out vulnerability assessment in accordance with paragraph 2,

point (a), in the neighbouring third countries, upon their request. The conditions related to

such third country vulnerability assessment shall be determined in a working arrangement

referred to in Article 88(4) and shall be in line with the applicable legal framework, including

on the exchange of classified information, where applicable. The result of the vulnerability

assessment performed for the third country shall be communicated in the form of a

recommendation by the executive director to the relevant authority of the third country. The

procedure referred to in paragraphs 8 to 13 shall not apply to third countries.

 2019/1896 (adapted)

 new

86. The preliminary results of the vulnerability assessment shall be submitted to the

Member States concerned. The Member States concerned may comment on that assessment.

79. Where necessary, the executive director, in consultation with the Member State

concerned, shall make a recommendation setting out the necessary measures to be taken by

the Member State concerned and the time limit within which such measures are to be

implemented. The executive director shall invite the Member States concerned to take the

necessary measures on the basis of an action plan developed by the Member State in

consultation with the executive director.

810. The executive director shall base the measures to be recommended to the Member

States concerned on the results of the vulnerability assessment, taking into account the

Agency's risk analysis, the comments of the Member State concerned and the results of the

Schengen evaluation mechanism.

The recommended measures shall be aimed at eliminating the vulnerabilities identified in the

assessment in order for Member States to increase their readiness to face present and

upcoming challenges at the external borders by enhancing or improving their capabilities,

technical equipment, systems, resources  , data quality in EUROSUR  and contingency

 and capability development  plans. The executive director may offer the technical

expertise of the Agency to the Member States to support the implementation of the

recommended measures.

911. The executive director shall monitor the implementation of the recommended

measures by means of regular reports to be submitted by the Member States on the basis of

the action plans referred to in paragraph 7.

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Where there is a risk that a Member State will not implement a recommended measure within

the time limit set in accordance with paragraph 7, the executive director shall immediately

inform the member of the management board from the Member State concerned and the

Commission. In consultation with the member of the management board from the Member

State concerned, the executive director shall enquire of the relevant authorities of that

Member State about the reasons for the delay and offer support by the Agency to facilitate the

implementation of the measure recommended.

1012. Where a Member State does not implement the necessary measures of the

recommendation within the time limit set in accordance with paragraph 7 of this Article, the

executive director shall  immediately  refer the matter to the management board and

notify the Commission. The management board shall adopt a decision on the basis of a

proposal from the executive director  as soon as possible and not later than 4 weeks

following such proposal. The decision of the management board shall  , setting out the

necessary measures to be taken by the Member State concerned and the time limit within

which such measures are to be implemented. The decision of the management board shall be

binding on the Member State. If the Member State does not implement the measures within

the time limit provided for in that decision, the management board shall notify the Council

and the Commission and further action may be taken in accordance with Article 4247.  The

Agency shall refrain from any actions in relation to the recommended measure within 6

months from the moment of notifying the Council and the Commission. 

1113. The vulnerability assessment, including a detailed description of the outcome of the

vulnerability assessment, the measures taken by the Member States in response to the

vulnerability assessment and the status of the implementation of any measures previously

recommended, shall be transmitted, in accordance with Article 92111, on a regular basis and

at least once a year to the European Parliament, to the Council and to the Commission.

Article 3338

Synergies between the vulnerability assessment and the Schengen evaluation mechanism

1. The synergies between the vulnerability assessment and the Schengen evaluation

mechanism shall be maximised in order to establish an improved situational picture on the

functioning of the Schengen area, avoiding, to the extent possible, the duplication of efforts

on the Member States' side, and ensuring a better coordinated use of the relevant Union

financial instruments supporting the management of the external borders  and return  .

2. For the purpose referred to in paragraph 1, the Commission and the Agency shall

establish the necessary arrangements to share with each other in a regular, secured and timely

manner all information related to the results of vulnerability assessments and the results of the

evaluations carried out within the framework of the Schengen evaluation mechanism in

 fields of  the area of border management  and return  . Those information-sharing

arrangements shall cover  include in particular  the reports of vulnerability assessments

and reports of Schengen evaluation visits, subsequent recommendations, action plans and any

updates on the implementation of the action plans provided by the Member States.

3. For the purposes of the Schengen evaluation mechanism as it relates to external border

management  and return  , the Commission shall share the results of the vulnerability

assessments with all the members of the Schengen evaluation teams involved in the

evaluation of the Member State concerned. Such information shall be considered sensitive

within the meaning of Regulation (EU) 2022/922 and shall be treated accordingly.

EN 129 EN

4. The arrangements referred to in paragraph 2 shall cover results of the evaluations

carried out within the framework of the Schengen evaluation mechanism in the area of return

to ensure the full awareness of the Agency of the identified deficiencies in view of enabling it

to propose appropriate measures to support Member States concerned in that regard.

 new

4. The Agency shall train and maintain a pool of suitably qualified Agency observers in

Schengen evaluations and monitoring activities referred to in Articles 5 and 6 of Regulation

(EU) 2022/922 and shall nominate observers from this pool for specific evaluations and

monitoring activities according to the specific profiles indicated by the Commission.

 2019/1896 (adapted)

 new

Article 34 39

Attribution of impact levels to external border sections

1. On the basis of the Agency's risk analysis and vulnerability assessment and in

agreement with the Member State concerned, the Agency shall attribute  or change  the

following impact levels to each external border section or change such levels  , taking into

account the implementation of effective returns in those external border sections, including in

the context of the border procedure in accordance with Regulation (EU) 2024/1349  :

(a) low impact level where the incidents related to illegal immigration or cross-border

crime occurring at the relevant border section  or other events  have an

insignificant impact on border security or a medium impact level is compensated

by effective returns ;

(b) medium impact level where the incidents related to illegal immigration or cross-

border crime occurring at the relevant border section  or other events have a

moderate impact on border security  or a high impact level is compensated by

effective returns  ;

(c) high impact level where the incidents related to illegal immigration or cross-border

crime occurring at the relevant border section  or other events have a

significant impact on border security  or a critical impact level is compensated by

effective returns. 

2. In order to swiftly address a crisis situation at a particular external border section,

where the Agency's risk analysis shows that incidents related to illegal immigration or cross-

border crime occurring at the relevant external border section  or other events 

 including the single indicative impact levels attributed to a given incident or event in the

framework of EUROSUR  have a decisive impact on border security to such an extent that

they risk jeopardising the functioning of the Schengen area, the management board shall, in

agreement with the Member State concerned  based on a proposal from the executive

director  , attribute a ‘critical’ impact level to that external border section.

3. Where  the management board does not agree with the proposal of the executive

director referred to in paragraph 2  there is no agreement between the Member State

EN 130 EN

concerned and the Agency on the attribution of a ‘critical’ impact level to an external border

section, the impact level that was previously attributed to that border section shall remain

unchanged.

4. The national coordination centre shall constantly assess in close cooperation with

other competent national authorities whether there is a need to change the impact level of any

of the external border sections by taking into account the information contained in the

national situational picture and inform the Agency accordingly.

5. The Agency shall indicate the impact levels attributed to the external border sections

in the European situational picture.

Article 35 40

Reaction corresponding to impact levels

1. The Member States shall ensure that border control at the external border sections

corresponds to the attributed impact levels in the following manner:

(a) where a low impact level is attributed to an external border section, the national

authorities responsible for external border control shall organise regular border

control on the basis of risk analysis and ensure that sufficient personnel and

resources are being kept available for that border section;

(b) where a medium impact level is attributed to an external border section, the national

authorities responsible for external border control shall, in addition to the measures

taken under point (a) of this paragraph, ensure that appropriate border control

measures are being taken at that border section; where such border control measures

are taken, the national coordination centre shall be notified accordingly; the national

coordination centre shall coordinate any support given in accordance with Article

21(3)24(3);

(c) where a high impact level is attributed to an external border section, the Member

State concerned, in addition to the measures taken under point (b) of this paragraph,

shall ensure, through the national coordination centre, that the national authorities

operating at that border section are given the necessary support and that reinforced

border control measures are taken; that Member State may request support from the

Agency subject to the conditions for initiating joint operations or rapid border

interventions as laid down in Article 3641;

(d) where a critical impact level is attributed to an external border section, the Agency

shall notify the Commission thereof; the executive director, in addition to the

measures taken under point (c) of this paragraph, shall issue a recommendation in

accordance with Article 41(1)46(1), taking into account the ongoing support by the

Agency; the Member State concerned shall respond to the recommendation in

accordance with Article 41(2)46(2).

2. The national coordination centres shall regularly inform the Agency of the measures

taken at national level pursuant to points (c) and (d) of paragraph 1, points (c) and (d).

3. Where a medium, high or critical impact level is attributed to an external border

section which is adjacent to the border section of another Member State or of a third country

with which agreements, arrangements or regional networks, as referred to in Articles 7286

and 7388, are in place, the national coordination centre shall contact the national coordination

centre of the neighbouring Member State or the competent authority of the neighbouring third

EN 131 EN

country and shall endeavour to coordinate together with the Agency the necessary cross-

border measures.

4. The Agency shall, together with the Member State concerned, evaluate the attribution

of impact levels and the corresponding measures taken at national and Union level. That

evaluation shall contribute to the vulnerability assessment to be carried out by the Agency in

accordance with Article 3237.

SECTION 7

ACTION BY THE AGENCY AT THE EXTERNAL BORDERS

Article 3641

Actions by the Agency at the external borders

1. A Member State may request the Agency's assistance in implementing its obligations

with regard to external border control. The Agency shall also carry out measures in

accordance with Articles 4146 and 4247.

2. The Agency shall organise the appropriate technical and operational assistance for the

host Member State and it may, acting in accordance with the relevant Union and international

law, including the principle of non-refoulement, take one or more of the following measures:

(a) coordinate joint operations for one or more Member States and deploy the standing

corps and technical equipment;

(b) organise rapid border interventions and deploy the standing corps and technical

equipment;

(c) coordinate activities for one or more Member States and third countries at the

external borders, including joint operations with third countries;

(d) deploy the standing corps in the framework of the migration management support

teams to, inter alia, hotspot areas in order to provide technical and operational

assistance, including, where necessary, in return activities;

(e) within the framework of operations referred to in points (a), (b) and (c) of this

paragraph and in accordance with Regulation (EU) No 656/2014 and international

law, provide technical and operational assistance to Member States and third

countries in support of search and rescue operations for persons in distress at sea

which may arise during border surveillance operations at sea.

(f) (f)give priority treatment to the EUROSUR fusion services.

3. The Agency shall finance or co-finance the activities referred to in paragraph 2 from

its budget in accordance with the financial rules applicable to the Agency.

4. If the Agency has substantial additional financial needs due to a situation at the

external borders, it shall inform the European Parliament, the Council and the Commission

thereof without delay.

Article 3742

Initiating joint operations and rapid border interventions at the external borders

1. A Member State may request that the Agency launch joint operations to face

upcoming  counter  challenges, including illegal immigration, present or future threats

EN 132 EN

at its external borders or cross-border crime, or provide increased technical and operational

assistance when implementing its obligations with regard to external border control. As part

of such a request, a  the  Member State may also  shall  indicate the profiles of

operational staff needed for the joint operation in question, including those staff having

executive powers, as applicable.

2. At the request of a Member State faced with a situation of specific and

disproportionate challenges, especially the arrival at points of the external borders of large

numbers of third-country nationals trying the territory of that Member State without

authorisation irregularly, the Agency may deploy a rapid border intervention for a limited

period of time on the territory of that host Member State.

3. The executive director shall evaluate, approve and coordinate proposals made by

Member States for joint operations or rapid border interventions. Joint operations and rapid

border interventions shall be preceded by a thorough reliable and up-to-date risk

analysisthereby enabling the Agency to set an order of priority for the proposed joint

operations and rapid border interventions, taking into account the impact levels attributed to

external border sections in accordance with Article 34 and the availability of resources.

 new

2. Member State may request the Agency to launch, for a limited period of time, a border

intervention at its external borders to counter specific existing or emerging disproportionate

challenges, such as the arrival of large numbers of third-country nationals attempting an

unauthorised entry to the territory of that Member State.

3. The executive director shall evaluate and approve requests for joint operations or

border interventions and coordinate them. Joint operations and border interventions shall be

preceded by a thorough reliable and up-to-date risk analysis, take into account the results of

vulnerability assessment and of the Schengen evaluation and monitoring mechanism as well

as relevant information available in EUROSUR, and be decided on the basis of prioritisation

methodology established by the Agency. Prioritisation methodology shall take into account in

particularly impact levels and availability of resources.

 2019/1896 (adapted)

 new

4. The objectives of a joint operation or rapid border intervention may be achieved as

part of a multipurpose operation. Such operations may involve coast guard functions and the

prevention of cross-border crime, focusing on the fight against migrant smuggling, or

trafficking in human beings  or terrorism  , and migration management, focusing on

identification, registration, debriefing and return.

 new

5. The requesting Member State shall ensure conditions allowing for the effective deployment

of operational staff and the use of technical assistance provided by the Agency.

EN 133 EN

 2019/1896 (adapted)

 new

Article 3843

Operational plans for joint operations

1. In preparation of a joint operation the executive director, in cooperation with the host

Member State, shall draw up a list of technical equipment, staff and profiles of staff needed,

including those staff having executive powers, as applicable, to be authorised in accordance

with Article 82(2)98(2). That list shall be drawn up taking into account the host Member

State's available resources and the host Member State's request under Article 3742. On the

basis of those elements, the Agency shall define a package of technical and operational

reinforcement as well as capacity-building activities to be included in the operational plan.

2. The executive director shall draw up an operational plan for joint operations at the

external borders  taking into account the available risk and threat analysis at national and

Union level, results of vulnerability assessment and the Schengen evaluation and monitoring

mechanism  . The executive director and the host Member State, in close and timely

consultation with the participating Member States, shall agree on the operational plan

detailing the organisational and procedural aspects of the joint operation.

3. The operational plan shall be binding on the Agency, the host Member State and the

participating Member States. It shall cover all aspects considered necessary for carrying out

the joint operation, including the following:

(a) description of the situation, with modus operandi and objectives of the deployment,

including the operational aim;

(b) the estimated time that  implementation period of  the joint operation is expected

to last in order to achieve its objectives;

(c) the geographical area where the joint operation will take place;

(d) a description of the tasks, including those requiring executive powers, responsibilities,

including with regard to the respect for fundamental rights and data protection requirements,

and special instructions for the teams, including  those deriving from relevant decisions of

the management board and of the executive director, inter alia  on permissible consultation

of databases and permissible service weapons, ammunition and equipment in the host

Member State;

(e) the composition of the teams as well as the deployment of other relevant staff;

(f) command and control provisions including the names and ranks of the border guards

of the host Member State responsible for cooperating with the members of the teams and the

Agency, in particular the names and ranks of those border guards who are in command during

the period of deployment, and the place of the members of the teams in the chain of

command;

(eg) the  plan of human and technical resources  technical equipment to be deployed

during the joint operation, including specific requirements  for deployment of technical

equipment  such as conditions for use, requested crew, transport and other logistics, and

financial provisions;

EN 134 EN

(fh) detailed provisions on immediate incident reporting by the Agency to the management

board and to relevant national authorities;

(gi) a reporting and evaluation scheme containing benchmarks for the evaluation report,

including with regard to the protection of fundamental rights, and final date of submission of

the final evaluation report;

(hj) regarding sea operations, specific information on the application of the relevant

jurisdiction and applicable law in the geographical area where the joint operation takes place,

including references to national, international and Union law regarding interception, rescue at

sea and disembarkation; in that regard the operational plan shall be established in accordance

with Regulation (EU) No 656/2014;

(ik) the terms of cooperation with third countries, other Union bodies, offices and agencies

or international organisations;

(jl) general instructions on how to ensure the safeguarding of fundamental rights during

the operational activity of the Agency;

(km) procedures whereby persons in need of international protection, victims of trafficking

in human beings, unaccompanied minors and persons in a vulnerable situation are directed to

the competent national authorities for appropriate assistance;

(ln) procedures setting out a mechanism to receive and transmit to the Agency complaints

against any person participating in an operational activity of the Agency, including border

guards or other relevant staff of the host Member State and members of the teams, alleging

breaches of fundamental rights in the context of their participation in an operational activity

of the Agency;

(mo) logistical arrangements, including information on working conditions and the

 security  environment of the areas in which the joint operation is to take place;

 new

(n) cooperation mechanisms between national civil protection authorities and the national

authorities responsible for border management and the potential involvement of the members

of the teams in their implementation.

 2019/1896 (adapted)

 new

4.  The operational plan,  Aany amendments  thereto  to or adaptations

 thereof  of the operational plan shall require  be subject to  the agreement of the

executive director and the host Member State, after consultation of the participating Member

States.  The Agency shall send immediately  a A copy of the  operational plan, its

amendments and adaptations  amended or adapted operational plan shall immediately be

sent by the Agency to the participating Member States.

5. This Article  Paragraphs 1 to 4  shall apply mutatis mutandis to all operations of

the Agency.

EN 135 EN

Article 39 44

Procedure for launching a rapid border intervention

1. A request by a Member State to launch a rapid border intervention shall include a

description of the situation, possible aims and envisaged needs, and  including  the staff

needed, including those staff having executive powers, as applicable. If required, the

executive director may immediately send experts from the Agency to assess the situation at

the external borders of the Member State concerned.

2. The executive director shall immediately inform the management board of a Member

State's request to launch a rapid border intervention.

3. When deciding on the request of a Member State, the executive director shall take into

account the findings of the Agency's risk analyses and the analysis layer of the European

situational picture as well as the outcome of the vulnerability assessment referred to in Article

3237 and any other relevant information provided by the Member State concerned or another

Member State.

4. The executive director shall immediately assess the possibilities for redeployment of

available members of the teams within the standing corps, in particular statutory staff and

staff seconded to the Agency by the Member States, present in other operational areas. The

executive director shall also assess the additional need to deploy operational staff in

accordance with Article 5769 and, once staff within the required profiles have been

exhausted, to  request the Member States making sufficient number of staff from the

European border and return reserve available for deployments  activate the reserve for rapid

reaction in accordance with Article 5870.

5. The executive director shall take a decision on the request to launch a rapid border

intervention within two working days from the date of receipt of the request. The executive

director shall simultaneously notify the Member State concerned and the management board

in writing of the decision. The decision shall state the main reasons on which it is based.

6. When taking the decision referred to in paragraph 5 of this Article, the executive

director shall inform the Member States about the possibility of requesting additional

operational staff in accordance with Article 5769 and, where applicable, Article 5870 by

indicating possible numbers and profiles of staff to be provided by each Member State.

7. If the executive director decides to launch a rapid border intervention, he or she shall

deploy available border management teams from the standing corps and equipment from the

technical equipment pool in accordance with Article 6478, and where necessary, he or she

shall decide on the immediate reinforcement by one or more border management teams, in

accordance with Article 5769.

8. The executive director together with the host Member State shall draw up and agree

upon an operational plan as referred to in Article 38(2)43(2) immediately and, in any event,

no later than three working days from the date of the decision.

9. As soon as the operational plan has been agreed upon and provided to the Member

States, the executive director shall immediately deploy the operational staff available through

redeployments from other operational areas or other duties.

10. In parallel to the deployment referred to in paragraph 9, and where necessary to secure

the immediate reinforcement of the border management teams redeployed from other areas or

duties, the executive director shall request from each Member State the number and profiles

of additional staff to be additionally deployed from their national lists for short-term

deployments as referred to in Article 5769.

EN 136 EN

11. If a situation arises where the border management teams referred to in paragraph 7 and

the staff referred to in paragraph 10 of this Article are insufficient, the executive director may

activate the reserve for rapid reaction by requesting  request  from each Member State

the number and profiles of additional staff to be deployed as provided for in Article 5870.

12. The information referred to paragraphs 10 and 11 shall be provided in writing to the

national contact points and shall indicate the date on which the deployments of staff from

each category are to take place. A copy of the operational plan shall also be provided to the

national contact points.

13. Member States shall ensure that the number and profiles of staff are immediately made

available to the Agency to guarantee a complete deployment in accordance with Article 5769

and, if applicable, Article 5870.

14. The deployment of the first border management teams redeployed from other areas

and other duties shall take place no later than five working days after the date on which the

operational plan is agreed between the executive director and the host Member State.

Additional deployment of border management teams shall take place, where necessary, no

later than 12 working days after the date on which the operational plan is agreed.

15. Where the rapid border intervention is to take place, the executive director shall, in

consultation with the management board, immediately consider the priorities with regard to

the Agency's ongoing and planned joint operations at other external borders in order to

provide for possible reallocation of resources to the areas of the external borders where a

strengthened deployment is most needed.

Article 4045

Migration management support teams

1. Where a Member State faces disproportionate migratory challenges at particular

hotspot areas of its external borders characterised by large inward mixed migratory flows, that

Member State may request technical and operational reinforcement by migration management

support teams composed of experts from relevant Union bodies, offices and agencies that

shall operate in accordance with their mandates.

That Member State shall submit a request for reinforcement and an assessment of its needs to

the Commission. On the basis of that assessment of needs, the Commission shall transmit the

request, as appropriate, to the Agency, to EASO EUAA  , to Europol and to other

relevant Union bodies, offices and agencies.

2. The relevant Union bodies, offices and agencies shall examine, in accordance with

their respective mandates, the Member State's request for reinforcement and the assessment of

its needs for the purpose of defining a comprehensive reinforcement package consisting of

various activities coordinated by the relevant Union bodies, offices and agencies, to be agreed

upon by the Member State concerned. The Commission shall coordinate that process.

3. The Commission, in cooperation with the host Member State and the relevant Union

bodies, offices and agencies in accordance with their respective mandates, shall establish the

terms of cooperation at the hotspot area and shall be responsible for the coordination of the

activities of the migration management support teams.

EN 137 EN

 new

4. Where achieving the operational objective may be ensured by requesting the support of the

Agency only, a Member State may request technical and operational assistance directly from

the Agency by notifying the Commission. In such a case, the support may be provided within

the framework of a multipurpose operation.

 2019/1896

45. The technical and operational reinforcement provided, with full respect for

fundamental rights, by the standing corps in the framework of migration management support

teams may include the provision of:

(a) assistance, with full respect for fundamental rights, in the screening of third-country

nationals arriving at the external borders, including the identification, registration, and

debriefing of those third-country nationals and, where requested by the Member State, the

fingerprinting of third-country nationals and providing information regarding the purpose of

these procedures;

 new

(b) debriefing of third-country nationals who have completed screening in accordance

with Regulation (EU) 2024/1356 or who are subject of screening;

 2019/1896 (adapted)

 new

(cb) initial information to persons who wish to apply for international protection  and

other persons on  and the referral of those persons to the  appropriate procedure as

referred to in Article 18(5) of Regulation (EU) 2024/1356  competent national authorities of

the Member State concerned or to the experts deployed by EASO;

(dc) technical and operational assistance in the field of return in accordance with Article

4855, 63 and 64, including the preparation and organisation of return operations;

(ed) necessary technical equipment.

56. Migration management support teams shall include, where necessary, staff with

expertise in child protection, trafficking in human beings, protection against gender-based

persecution or fundamental rights.

Article 4146

Proposed actions at the external borders

1. On the basis of the results of the vulnerability assessment  , monitoring of

EUROSUR  or where a critical impact level is attributed to one or more external border

sections and taking into account the relevant elements in the Member State's contingency

plans, the Agency's risk analysis and the analysis layer of the European situational picture, the

EN 138 EN

executive director shall recommend to the Member State concerned to request that the Agency

initiate, carry out or adjust joint operations, rapid border interventions or any other relevant

actions by the Agency as set out in Article 3641  aiming at addressing the threats and

challenges at the affected border sections  .

2. The Member State concerned shall respond to the recommendation of the executive

director referred to in paragraph 1 within six working days. In the event of a negative

response to the recommendation, the Member State shall also provide the justifications

underlying that response. The executive director shall notify  inform  the management

board and the Commission without delay about the recommended actions and the

justifications for the negative response. with a view to assessing whether urgent action may be

required in accordance with Article 4247.  The absence of a reply shall be considered as a

negative response. 

 new

3. The management board shall assess the information provided and, on the basis of a

proposal from the executive director, may make recommendations to the Member State

concerned, as appropriate, not later than 2 weeks following the proposal. The

recommendations of the management board, where necessary, shall lay down the operational

actions and the time limit within which those actions are to be implemented, including with

the support of the Agency.

 2019/1896 (adapted)

 new

Article 4247

Situation at the external borders requiring urgent action

1. Where external border control is rendered ineffective to such an extent that it risks

jeopardising the functioning of the Schengen area because:

(a) a Member State does not implement the necessary measures in accordance with a

decision of the management board referred to in Article 32(10)37(11); or

(b) a Member State facing specific and disproportionate challenges at the external

borders has either not requested sufficient support from the Agency under Articles

3742, 3944 or 4045 or is not taking the necessary steps to implement actions under

those Articles or under Article 4146;

the Council, on the basis of a proposal from the Commission, may adopt without delay a

decision by means of an implementing act to identify measures to mitigate those risks to be

implemented by the Agency and requiring the Member State concerned to cooperate with the

Agency in the implementation of those measures. The Commission shall consult the Agency

before making its proposal.

2. Where a situation requiring urgent action arises, the European Parliament shall be

informed of that situation without delay as well as of any subsequent measures and decisions

taken in response.

EN 139 EN

3. To mitigate the risk of putting the Schengen area in jeopardy, the Council decision

referred to in paragraph 1 shall provide for one or more of the following measures to be taken

by the Agency:

(a) organise and coordinate rapid border interventions and deploy the standing corps,

including teams from the  European border and return reserve in accordance with

Article 70  reserve for rapid reaction;

(b) deploy the standing corps in the framework of the migration management support

teams, in particular at hotspot areas;

(c) coordinate activities for one or more Member States and third countries at the

external borders, including joint operations with third countries;

(d) deploy technical equipment;

(e) organise return interventions.

4. The executive director shall, within two working days from the date of adoption of the

Council decision referred to in paragraph 1:

(a) determine the actions to be taken for the practical execution of the measures

identified in that decision, including the technical equipment and the number and

profiles of the operational staff needed to meet the objectives of that decision;

(b) draw up a draft operational plan and submit it to the Member States concerned.

5. The executive director and the Member State concerned shall agree on the operational

plan referred to in point (b) of paragraph 4, point (b), within three working days from the date

of its submission.

6. The Agency shall, without delay, and in any case within five working days from the

establishment of the operational plan, deploy the necessary operational staff from the standing

corps for the practical execution of the measures identified in the Council decision referred to

in paragraph 1. Additional teams shall be deployed as necessary at a second stage, and in any

case within 12 working days from the establishment of the operational plan.

7. The Agency and the Member States shall, without delay, and in any case within 10

working days from the establishment of the operational plan, send the necessary technical

equipment and competent staff to the destination of deployment for the practical execution of

the measures identified in the Council decision referred to in paragraph 1.

Additional technical equipment shall be deployed as necessary at a second stage in

accordance with Article 6478.

8. The Member State concerned shall comply with the Council decision referred to in

paragraph 1. For that purpose, it shall immediately cooperate with the Agency and take the

necessary action to facilitate the implementation of that decision and the practical execution

of the measures set out in that decision and in the operational plan agreed upon with the

executive director, in particular by implementing the obligations provided for in Articles

4349, 8298 and 8399.

9. In accordance with Articles 5769,  70  and, where relevant, Article 3944, the

Member States shall make available the operational staff determined by the executive director

in accordance with paragraph 4 of this Article.

10. The Commission shall monitor the implementation of the measures identified in the

Council decision referred to in paragraph 1 and the actions that the Agency takes for that

purpose. If the Member State concerned does not comply with the Council decision referred

EN 140 EN

to in paragraph 1 of this Article within 30 days and does not cooperate with the Agency in

accordance with to paragraph 8 of this Article, the Commission may trigger the procedure

provided for in Article 29 of Regulation (EU) 2016/399.

 new

Article 48

Actions in situations of crisis at the external borders

1. In a situation of crisis and force majeure as defined in Article 1 of Regulation (EU)

2024/1359, the executive director shall recommend to the Member State concerned to request

that the Agency initiate, carry out or adjust joint operations, border interventions or any other

relevant actions by the Agency as set out in Article 41. The Member State concerned shall

respond to that recommendation within forty-eight hours.

2. For the purposes of the actions referred to in paragraph 1, the Agency shall, as a

priority, deploy officers from the European border and return reserve that are already

available in that Member State and the Agency’s quick reaction force.

3. The Agency may provide its technical and operational support to the Member State

concerned without a formal revision of the operational plan governing any existing joint

operation or the negotiation of a new or additional operational plan.

4. In view of the urgency of the deployment of the technical and operational support, the

monitoring referred to in Article 129(2), point (b), and to Article 130(2), point (a), shall be

exercised through ex-post review of the activities performed by the Agency during the crisis

situation, unless otherwise requested by the Member State concerned.

5. Within a month from the deployment of the technical and operational support, the

Agency and the Member State concerned shall inform the management board about the

progress as regards the update of the existing or a new operational plan.

 2019/1896 (adapted)

Article 4349

Instructions to the teams

1. During the deployment of border management teams, return teams and migration

management support teams, the host Member State or, in the case of cooperation with a third

country in accordance with  the  a status agreement  with  the third country

concerned, shall issue instructions to the teams in accordance with the operational plan.

2. The Agency, through its coordinating officer, may communicate its views to the host

Member State on the instructions given to the teams. In that case, the host Member State shall

take those views into consideration and follow them to the extent possible.

3. In cases where the instructions issued to the teams are not in compliance with the

operational plan, the coordinating officer shall immediately report to the executive director,

who may, if appropriate, take action in accordance with Article 46(3)52(3).

EN 141 EN

4. Members of the 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, and shall pay particular attention to vulnerable persons. Any measures taken

in the performance of their tasks and in the exercise of their powers shall be proportionate to

the objectives pursued by such measures. While performing their tasks and exercising their

powers, they shall not discriminate against persons on the basis of any grounds such as sex,

race, colour, ethnic or social origin, genetic features, language, religion or belief, political or

any other opinion, membership of a national minority, property, birth, disability, age or sexual

orientation in line with Article 21 of the Charter.

5. Members of the teams who are not statutory staff shall remain subject to the

disciplinary measures of their home Member State. The home Member State shall provide for

appropriate disciplinary or other measures in accordance with its national law regarding

violations of fundamental rights or international protection obligations in the course of any

operational activity by the Agency.

6. Statutory staff deployed as members of the teams shall be subject to disciplinary

measures as provided for in the Staff Regulations and the Conditions of Employment and

measures of a disciplinary nature provided for in the supervisory mechanism referred to in

Article 55(5)67(5), point (a).

Article 44 50

Coordinating officer

1. The Agency shall ensure the operational implementation of all the organisational

aspects of joint operations, pilot projects or rapid border interventions, including the presence

of statutory staff.

2. Without prejudice to  affecting  Article 6073, the executive director shall

appoint one or more experts from the statutory staff to be deployed as a coordinating officer

for each joint operation or rapid border intervention. The executive director shall notify the

host Member State of the appointment.

3. The coordinating officer shall act on behalf of the Agency in all aspects of the

deployment of the teams. The role of the coordinating officer shall be to foster cooperation

and coordination among host and participating Member States. At least one fundamental

rights monitor shall assist and advise the coordinating officer. In particular, the coordinating

officer shall:

(a) act as an interface between the Agency, the host Member State and the members of

the teams, providing assistance, on behalf of the Agency, on all issues relating to the

conditions of the deployment to the teams;

(b) monitor the correct implementation of the operational plan, including, in cooperation

with the fundamental rights monitors, as regards the protection of fundamental rights

and report to the executive director on this;

(c) act on behalf of the Agency in all aspects of the deployment of the teams and report

to the Agency on all those aspects;

(d) report to the executive director where the instructions issued to the teams by the host

Member States are not in compliance with the operational plan, in particular as

regards fundamental rights and, where appropriate, suggest that the executive

director consider taking a decision in accordance with Article 4652.

EN 142 EN

4. In the context of joint operations or rapid border interventions, the executive director

may authorise the coordinating officer to assist in resolving any disagreement on the

execution of the operational plan and deployment of the teams.

Article 45 51

Costs

1. The Agency shall fully cover the following costs incurred by Member States in

making available their staff for the purposes of deploying them from the standing corps as

members of the teams to the Member States and to third countries for a short term in

accordance with Article 5769 or to the Member States through the reserve for rapid reaction

 European border and return reserve  in accordance with Article 5870:

(a) travel costs from the home Member State to the host Member State, from the host

Member State to the home Member State, within the host Member State for the

purposes of deployment or redeployment within that host Member State or to another

host Member State, and for the purposes of deployments to, and redeployments

within or to, another third country;

(b) costs related to vaccinations;

(c) costs related to  the need of  special insurance needs  of persons and assets

owned by the Agency which have been made available in the joint operation  ;

(d) costs related to health care, including psychological assistance;

(e) daily subsistence allowances, including accommodation costs.

2. On the basis of a proposal of the executive director, the management board shall adopt

detailed rules as regards the reimbursement of the costs incurred by staff deployed for a short

term in accordance with Articles 57 69 and 58, and shall update them as necessary. To ensure

compliance with the applicable legal framework, the executive director shall make such

proposal after receiving the positive opinion of the Commission. The detailed rules shall be

based to the extent possible on simplified cost options in accordance with points (c), (d) and

(e) of Article 129(1), points (c), (d) and (e), of Regulation (EU, Euratom)

2024/25092018/1046. Where relevant, the management board shall ensure consistency with

the rules applicable to mission expenses of statutory staff.

Article 46 52

Decisions to suspend, terminate or not launch activities

1. The executive director shall terminate any activity of the Agency if the conditions to

conduct those activities are no longer fulfilled. The executive director shall inform the

Member State concerned prior to such termination.

2. The Member States participating in an operational activity by the Agency may request

that the executive director terminate that operational activity. The executive director shall

inform the management board of such request.

3. The executive director may, after informing the Member State concerned, withdraw

the financing of an activity or suspend or terminate it if the operational plan is not respected

by the host Member State.

4. The executive director shall, after consulting the fundamental rights officer and

informing the Member State concerned, withdraw the financing for any activity by the

EN 143 EN

Agency, or suspend or terminate any activity by the Agency, in whole or in part, if he or she

considers that there are violations of fundamental rights or international protection obligations

related to the activity concerned that are of a serious nature or are likely to persist.

5. The executive director shall, after consulting the fundamental rights officer, decide not

to launch any activity by the Agency where he or she considers that there would already be

serious reasons at the beginning of the activity to suspend or terminate it because it could lead

to violations of fundamental rights or international protection obligations of a serious nature.

The executive director shall inform the Member State concerned of that decision.

6. The decisions referred to in paragraphs 4 and 5 shall be based on duly justified

grounds. When taking such decisions, the executive director shall take into account relevant

information such as the number and substance of registered complaints that have not been

resolved by a national competent authority, reports of serious incidents, reports from

coordinating officers, relevant international organisations and Union institutions, bodies,

offices and agencies in the areas covered by this Regulation. The executive director shall

inform the management board of such decisions and provide it with justifications therefor.

7. If the executive director decides to suspend or terminate deployment by the Agency of

a migration management support team, he or she shall inform  about that decision  the

other relevant bodies, offices and agencies active in the hotspot area of that decision.

 new

8. If the executive director is considering suspending or terminating in whole a joint operation

in a Member State, in accordance with paragraph 4, the executive director shall consult the

management board. The management board shall urgently consider the matter. The executive

director shall take a decision following the consultation of the management board. To restore

the operational activities, the same procedure shall apply mutatis mutandis.

 2019/1896

 new

Article 47 53

Evaluation of activities

The executive director shall evaluate  , in cooperation with the Member States,  the

results of all the Agency's operational activities.

He or she shall transmit detailed evaluation reports to the management board within 60 days

following the end of those activities, together with the observations of the fundamental rights

officer.

 new

After consulting the host Member State, Member States participating in the operational

activity and any other Member State expressing interest in such discussions, the executive

EN 144 EN

director shall transmit detailed evaluation reports to the management board as defined in the

respective operational plan, together with the observations of the fundamental rights officer.

On the basis of a proposal from the executive director, the management board shall establish

the rules applicable to organising such consultations with the Member States.

 2019/1896

The executive director shall make a comprehensive analysis of those results with a view to

enhancing the quality, coherence and effectiveness of future activities, and shall include that

analysis in the Agency's annual activity report. The executive director shall ensure that the

Agency takes the analysis of those results into account in future operational activities.

SECTION 8

ACTION BY THE AGENCY IN THE AREA OF RETURN

 new

Article 54

Return Coordination Centre

1. The Agency shall establish and maintain within its organisational structure a Return

Coordination Centre.

2. The Return Coordination Centre shall have the following tasks:

(a) ensuring the continuous collection of operational information related to return, to

support situational awareness, identifying operational needs of Member States, and

informing operational planning;

(b) analysing operational data, including forecasts of Member States’ needs for support,

assessing the Member States’ and the Agency’s operational capabilities, and

matching identified needs with available resources;

(c) supporting the planning and coordination of reintegration assistance, including

through the analysis of forecasted demand and relevant operational trends, reported

by Member States in accordance with Article 56(3);

(d) sharing, on a regular basis, with Member States information on planned return

operations;

(e) drawing up, updating and implementing the rolling operational plan referred to in

Article 59;

(f) support the Agency in carrying out the risk analysis and the vulnerability assessment

referred to in Article 11;

(g) ensuring the collection of operational information to support operational needs for

return from third countries and inform operational planning.

3. By 1 November every year, starting from the year of entry into force of this regulation,

Member States shall inform the Agency of their indicative planning as regards the number of

EN 145 EN

returnees and the third countries of return, both with respect to relevant national return

operations, and of to their needs for assistance or coordination by the Agency. In addition, for

the return border procedure under Regulation (EU) 2024/1349, Member States shall inform

the Agency of the applicable deadlines for return and any procedural or operational aspects

relevant for the organisation and carrying out such returns.

4. The Agency shall share the data referred to in paragraphs 2 and 3 with the Commission.

 2019/1896 (adapted)

Article 48 55

Return  -related tasks 

1. Without entering into the merits of return decisions, which remain the sole

responsibility of the Member States, and in accordance with the respect for fundamental

rights, general principles of Union law and international law, including international

protection, the respect for the principle of non-refoulement and children's rights, with regard

to return, the Agency shall:

 new

(a) plan and coordinate return operations and other return-related activities, through the

Return Coordination Centre, in particular the matching, pooling and allocation of

operational resources;

 2019/1896 (adapted)

 new

(ab)  based on a return decision issued by a Member State,  provide  in

particular the following  technical and operational assistance to Member States in the area

of return  , readmission and reintegration  , including in:

(i) the collection of information necessary for issuing return decisions, the

identification of third-country nationals subject to return procedures and other

pre-return, return-related and post-arrival and post-return activities of the

Member States, to achieve an integrated system of return management among

competent authorities of the Member States, with the participation of relevant

authorities of third countries and other relevant stakeholders;

(ii) the acquisition of travel documents, including by means of consular

cooperation, without disclosing information relating to the fact that an

application for international protection has been made or any other information

that is not necessary for the purpose of the return;

(i) (iii) the organisationand  implementation  coordination of return

operations and provide assistance in relation to voluntary returns in cooperation

with Member States,  for both forced and voluntary returns  ;

EN 146 EN

 new

(ii) provision of assistance to returnees throughout the pre-return, return and post-

return phases, taking into account the specific needs of vulnerable persons;

(iii) the management of reintegration services;

 2019/1896

 new

(iv) assisted voluntary returns from the Member States, providing assistance to

returnees during the pre-return, return-related and post-arrival and post-return phases,

taking into account the needs of vulnerable persons;

(cb) provide technical and operational assistance to Member States experiencing challenges

with regard to their return systems  related to other pre-return, return and post-return

activities, in particular: 

 new

(i) collection of personal and non-personal data necessary to achieve the tasks

listed in this paragraph;

(ii) identification of third-country nationals subject to return procedures;

(iii) development of capacities to support and carry out, at the request of a Member

State, activities in the context of the identification and confirmation of

nationality of returnees, including necessary technical equipment and expertise

and accompanying returnees for the purposes of transfer within a Member

State or between Member States;

(iv) facilitation, support and coordination of identification missions carried out by

third country authorities on the territory of one or more Member States;

(v) facilitation of the acquisition of travel documents, including by means of

consular cooperation without disclosing information relating to the fact that an

application for international protection has been made or any other information

that is not necessary for the purpose of the return;

(vi) return and reintegration counselling, where applicable, as referred to in

Regulation (EU) 2026/2280, as well as the development of standardised return

and reintegration counselling guidelines;

(vii) provision of interpreting services;

(viii) support to ensure the availability of returnees for return purposes and to

prevent returnees from absconding, in implementation of measures taken by

Member States in accordance with Regulation (EU) 2026/2280, and advice on,

and assistance in relation to, alternatives to detention;

(ix) provision of technical equipment, resources and expertise for the

implementation of return decisions;

EN 147 EN

 2019/1896

(c) develop, in consultation with the fundamental rights officer, a non-binding reference

model for national IT systems for return case management which describes the structure of

such systems, as well as provide technical and operational assistance to Member States in

developing such systems compatible with the model;

 new

(d) develop and, where applicable, operationally manage, the model document and

specifications (‘RECAMAS Model’), the IT reference implementation (‘Frontex

RECAMAS’), the integrated Union readmission case management system (‘iRCMS’) and the

Union reintegration case management system (‘RIAT’) referred to in Regulation (EU) …/…

of the European Parliament and of the Council [Return Digitalisation Regulation];

 2019/1896 (adapted)

 new

(de) operate and further develop an integrated return management platform

 (‘IRMA’)  and a communication infrastructure that enables the linking of the return

management systems of the Member States with the platform  connected to all relevant

systems (national RECAMAS, iRCMS and RIAT)  for the purpose of exchanging data and

 other  information,  necessary for supporting Member States for return, readmission

and reintegration purposes,  including the automated transmission of statistical data, and

provide technical and operational assistance to Member States in connecting to IRMA 

the communication infrastructure;

(ef) organise, promote and coordinate activities enabling the exchange of  data and

other  information  for the purpose of return, readmission and reintegration  and the

identification and pooling of best practices in return matters between the Member States;

(fg) finance or co-finance from its budget, in accordance with the financial rules applicable

to the Agency, the operations, interventions and activities referred to in this Chapter,

including reimbursing the costs incurred for the necessary adaptation of the national IT

systems for return case management  all national RECAMAS  for the purpose of

ensuring secure communication to the integrated return management platform  IRMA ;

 new

(h) provide technical and operational assistance to third countries in the area of return.

EN 148 EN

 2019/1896

2. The technical and operational assistance referred to in point (b) of paragraph 1 shall

include activities to help Member States carry out return procedures by the competent national

authorities by providing, in particular:

(a) interpreting services;

(b) practical information, including the analysis of such information, and

recommendations by the Agency on third countries of return relevant for the

implementation of this Regulation, in cooperation, where appropriate, with other

Union bodies, offices and agencies, in particular EASO;

(c) advice on the implementation and management of return procedures in compliance

with Directive 2008/115/EC;

(d) advice on and assistance in the implementation of measures taken by Member States

in compliance with Directive 2008/115/EC and international law that are necessary

to ensure the availability of returnees for return purposes and to prevent returnees

from absconding and advice on and assistance in relation to alternatives to detention;

(e) equipment, resources and expertise for the implementation of return decisions and

for the identification of third-country nationals.

 new

2. When performing the tasks listed in paragraph 1 of this Article, the Agency shall give

priority to supporting returns in the context of the return border procedure referred to in

Regulation (EU) 2024/1349.

 2019/1896

3. The Agency shall aim at building synergies and connecting Union-funded networks and

programmes in the field of return in close cooperation with the Commission and with the

support of relevant stakeholders, including the European Migration Network.

 new

Article 56

Reintegration assistance

1. The Agency shall coordinate the provision of post-arrival assistance and reintegration

at Union level, in cooperation with the competent authorities of the Member States and, where

appropriate, with relevant authorities of third countries and other relevant entities.

2. The Agency shall, in particular, perform the following tasks:

(a) identify and analyse the needs of the Member States, maintain an overview of

available reintegration programmes and capacities, and coordinate the provision of

EN 149 EN

post-arrival assistance and reintegration by matching identified needs with available

Union and national resources;

(b) facilitate coordination and cooperation between Member States, relevant Union

institutions, bodies, offices and agencies, and entities in Member States and third

countries in the field of post-arrival assistance and reintegration, including through

the exchange of information and best practices;

(c) develop, implement and manage a Union-level reintegration programme;

(d) facilitate the referral of the returnees to relevant development programmes available

in third countries that can contribute to long-term reintegration, including by

supporting cooperation with third country authorities and mechanisms responsible

for referrals and reintegration, where such authorities and mechanism exist.

3. In developing, implementing and managing the programme referred to in paragraph 2,

point (c), the Agency shall take into account the Union priorities in the field of return and

readmission, and in particular:

i) the European Asylum and Migration Management Strategy adopted

pursuant to Article 8 of Regulation (EU) 2024/1351;

ii) the implementation of the return border procedure pursuant to Regulation

(EU) 2024/1349;

iii) the assessment of the level of cooperation of third countries with Member

States on readmission in accordance with Article 25a of Regulation (EC)

No 810/2009 of the European Parliament and of the Council72;

iv) the implementation of Union readmission agreements or arrangements;

v) the implementation of any other Union instrument relevant for the

cooperation on readmission.

4. Each year, the Agency shall establish, in consultation with the Commission and by

means of a decision of the management board, the priority third countries for the provision of

reintegration assistance for the following year, taking into account the priorities referred to in

paragraph 3.

5. By 1 November every year, starting from [year of entry into force of this regulation

+1], Member States shall provide the Agency with forecasts of the expected demand for

reintegration assistance during the following financial year. On the basis of that information,

the Agency shall plan and prioritise the allocation of the financial, technical and operational

resources necessary for the implementation of reintegration assistance.

6. The Agency shall finance the Union-level reintegration programme referred to in

paragraph 2, point (c), from its budget, in accordance with the financial rules applicable to the

Agency.

72 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009

establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1, ELI: http://data.europa.eu/eli/reg/2009/810/oj).

EN 150 EN

 2019/1896 (adapted)

 new

Article 49 57

 Integrated return management platform (IRMA)  Information exchange systems

and management of return

1. The Agency shall operate and further develop  IRMA  , in accordance with point

(d) of Article 48(1)55(1), point (d) ,.  IRMA shall be connected to the communication portal

referred to in Article [14] of Regulation (EU) …/… [Return Digitalisation Regulation].  an

integrated return management platform for processing information, including personal data

transmitted by the Member States' return management systems, that is necessary for the

Agency to provide technical and operational assistance. Personal data shall only include

biographic data or passenger lists. Personal data shall be transmitted only where they are

necessary for the Agency to assist in the coordination or organisation of return operations to

third countries, irrespective of the means of transport. Such personal data shall be transmitted

to the platform only once a decision to launch a return operation has been taken, and shall be

erased as soon as the operation is terminated.

Biographic data shall only be transmitted to the platform where they cannot be accessed by

members of teams in accordance with Article 17(3) of Regulation (EU) 2018/1860 of the

European Parliament and of the Council73.

The Agency may also use the platform for the purpose of securely transmitting biographic or

biometric data, including all types of documents which can be considered as proof or prima

facie evidence of the nationality of third-country nationals subject to return decisions, where

the transmission of such personal data is necessary for the Agency to provide assistance, at

the request of a Member State, in confirming the identity and nationality of third-country

nationals in individual cases. Such data shall not be stored on the platform and shall be erased

immediately following a confirmation of receipt.

2.  As part of IRMA,  tThe Agency shall develop, deploy and operate information

systems and software applications allowing for the exchange of information  referred to in

Article 36(6) of Regulation (EU) 2026/2280 via the communication portal referred to in

Article [14] of Regulation (EU) …/… [Return Digitalisation Regulation]  for the purpose of

return  , readmission and reintegration  within the European Border and Coast Guard  ,

including exchanging data relating to identification of third-country nationals .  IRMA

shall include systems and software applications  and for the purpose of  organising or

coordinating such return activities by the Agency  exchanging personal data.

3. Personal data shall be processed in accordance with Articles 86 102,, 87 104,, 88105

and 91110, as applicable.

73 Regulation (EU) 2018/1860 of the European Parliament and of the Council of 28 November

2018 on the use of the Schengen Information System for the return of illegally staying third-country

nationals (OJ L 312, 7.12.2018, p. 1).

EN 151 EN

 new

Article 58

The Agency’s role in relation to the Schengen Information System

1. A SIRENE office shall be established within the Return Coordination Centre of the

Agency.

2. The Agency shall, through the SIRENE office, ensure the exchange and availability of

supplementary information, in accordance with Regulations (EU) 2018/1860 and (EU)

2018/1861.

3. Member States shall inform the Agency through the exchange of supplementary

information of any hit on alerts on return and alerts for refusal of entry and stay.

Member States may exceptionally not inform the Agency if doing so would jeopardise the

safety of an individual or be contrary to essential interests of the security of the issuing

Member State.

 2019/1896 (adapted)

 new

Article 50 59

Return operations  in the common system for returns 

1. Without entering into the merits of return decisions, which remain the sole

responsibility of the Member States, the Agency shall provide Member States with technical

and operational assistance and shall ensure the coordination or the organisation of return

operations  organise and coordinate return operations and support their implementation in

cooperation with Member States in accordance with Article 55(1), points (a) and (b), ,

including through the chartering of aircraft for the purpose of such operations and organising

returns on scheduled flights or by other means of transport. The Agency may on its own

initiative and with the agreement of the Member State concerned, coordinate or organise

return operations  on its own initiative  .

2. Member States shall provide operational data on returns necessary for the assessment

of return needs by the Agency through the platform referred to in Article 49(1) and shall

inform the Agency of their indicative planning as regards the number of returnees and the

third countries of return, both with respect to relevant national return operations, and of their

needs for assistance or coordination by the Agency.  Following the reporting by Member

States of their operational data referred to in Article 54,  Tthe Agency shall draw up and

maintain a rolling operational plan  to ensure the effective coordination of Member States’

operational needs and available resources in the area of return  to provide the requesting

Member States with the necessary operational assistance and reinforcements, including

through technical equipment. The Agency  shall  may, either on its own initiative and

with the agreement of the Member State concerned or at the request of a Member State,

include in the rolling operational plan the dates and destinations of return operations it

considers necessary, based on a  the  needs assessment  carried out in accordance

with Article 54  . The management board shall decide, on the basis of a proposal from the

executive director, on the modus operandi of the rolling operational plan.  Prior to the start

EN 152 EN

of a return operation,  Tthe Member State concerned shall confirm to the Agency that all

returnees covered by  such  a return operation organised or coordinated by the Agency

are the subject of  a  an enforceable return decision  that can be enforced  .

Where members of the teams are deployed, they shall consult the Schengen Information

System prior to the return of any returnee in order to check whether the return decision issued

in relation to that returnee has been suspended or whether its enforcement has been

postponed.

The rolling operational plan shall contain the elements necessary for carrying out a return

operation, including those concerning the respect for fundamental rights, and shall refer to,

inter alia, relevant codes of conduct and procedures for monitoring, reporting and the

complaints mechanism.

 new

3. Without affecting paragraph 4 of this Article, the Agency shall, on the basis of a risk

assessment, select the forced-return operations to be monitored and determine the phases of

those operations that require monitoring.

In the selected operations at least one forced-return monitor from the pool established under

Article 60 or from the monitoring system of the participating Member States shall be present

during the phases of the return operation identified as requiring monitoring.

The monitoring shall be carried out on the basis of objective and transparent criteria.

The forced-return monitors shall submit a report on each monitored forced-return operation to

the executive director, the fundamental rights officer and to the competent national authorities

of all the Member States involved in the given operation. If necessary, appropriate follow-up

shall be ensured by the executive director and competent national authorities respectively.

 2019/1896 (adapted)

 new

34. The Agency may provide technical and operational assistance to the Member States

and may also, either on its own initiative and with the agreement of the Member State

concerned or at the request of the participating Member States, ensure the coordination or the

organisation of return operations for which the means of transport and return escorts are

provided by a third country of return (‘collecting return operations’). The participating

Member States and the Agency shall ensure that the respect for fundamental rights, the

principle of non-refoulement, the proportionate use of means of constraints and the dignity of

the returnee are guaranteed during the entire return operation. At least one Member State

representative, and one forced-return monitor from the pool established under Article 5160 or

from the monitoring system of the participating Member State, shall be present throughout the

entire return operation until arrival at the third country of return.

45. The executive director shall draw up a return plan for collecting return operations

without delay. The executive director and any participating Member State shall agree on the

plan detailing the organisational and procedural aspects of the collecting return operation,

taking account of the implications for the fundamental rights and risks of such operations.

Any amendment to or adaptation of that plan shall require the agreement of the parties

referred to in paragraph 34 and in this paragraph.

EN 153 EN

The return plan for collecting return operations shall be binding on the Agency and any

participating Member State. It shall cover all the necessary steps for carrying out collecting

return operations.

(e) 5. Every return operation organised or coordinated by the Agency shall be

monitored in accordance with Article 8(6) of Directive 2008/115/EC. The monitoring

of forced-return operations shall be carried out by the forced-return monitor on the

basis of objective and transparent criteria and shall cover the whole return operation

from the pre-departure phase until the handover of the returnees in the third country

of return. The forced-return monitor shall submit a report on each forced-return

operation to the executive director, the fundamental rights officer and to the

competent national authorities of all the Member States involved in the given

operation. If necessary, appropriate follow-up shall be ensured by the executive

director and competent national authorities respectively.

6. If the Agency has concerns regarding the respect of fundamental rights at any stage of

a return operation, it shall communicate them to the participating Member States and to the

Commission.

7. The executive director shall evaluate the results of the return operations and shall

transmit every six months a detailed evaluation report to the European Parliament, to the

Council, to the Commission and to the management board covering all return operations

conducted in the previous semester, together with the observations of the fundamental rights

officer. The executive director shall make a comprehensive comparative analysis of those

results with a view to enhancing the quality, coherence and effectiveness of future return

operations. The executive director shall include that analysis in the Agency's annual activity

report.

8. The Agency shall finance or co-finance return operations from its budget, in

accordance with the financial rules applicable to the Agency, giving priority  , as a general

rule,  to those  return operations  conducted by more than one Member State,

 return operations in the context of the return border procedure, in accordance with

Regulation (EU) 2024/1349, and return operations from Member States or from hotspot

areas.

Article 51 60

Pool of forced-return monitors

1. The Agency shall, after taking due account of the opinion of the fundamental rights

officer, constitute a pool of forced-return monitors from competent bodies of the Member

States who carry out forced-return monitoring activities in accordance with Article 8(6) of

Directive 2008/115/EC and who have been trained in accordance with Article 62 75 of this

Regulation.

2. The management board shall, on the basis of a proposal from the executive director,

determine the profile and the number of forced-return monitors to be made available to that

pool. The same procedure shall apply with regard to any subsequent changes in the profile

and overall numbers.

Member States shall be responsible for contributing  contribute to the pool by

nominating forced-return monitors corresponding to the defined profile, without prejudice

 affecting  to the independence of those monitors under national law, where national

law so provides. The Agency shall also contribute fundamental rights monitors  or other

qualified staff or seconded experts of the fundamental rights office  as referred to in Article

EN 154 EN

110 130 to the pool. Forced-return monitors with specific expertise in child protection  and

the needs of persons in a vulnerable situation  shall be included in the  pool  .

3. Member States' contribution of forced-return monitors to return operations and

interventions for the following year shall be planned on the basis of annual bilateral

negotiations and agreements between the Agency and Member States. In accordance with

those agreements, Member States shall make the forced-return monitors 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 21

working days before the intended deployment, or five working days in the case of a rapid

return intervention.

4. The Agency shall make the forced-return monitors available upon request to

participating Member States to monitor, on their behalf, the correct implementation of the

return operations and return interventions throughout their duration. It shall make available

forced-return monitors with specific expertise in child protection for any return operation

involving children.

5. Forced-return monitors shall remain subject to the disciplinary measures of their home

Member State in the course of a return operation or return intervention. Statutory staff

deployed as forced-return monitors shall be subject to the disciplinary measures provided for

in the Staff Regulations and the Conditions of Employment.

Article 52 61

Return teams

1. The Agency may deploy return teams either on its own initiative and with the

agreement of the Member State concerned or at the request of that Member State. The Agency

may deploy such return teams during return interventions, in the framework of migration

management support teams or as necessary to provide additional technical and operational

assistance in the area of return. Where necessary, return teams shall contain officers with

specific expertise in child protection.

2. Article 40(2) 45(2) to (6) and Articles 43, 44 and 45 49, 50 and 51 shall apply mutatis

mutandis to the return teams.

Article 53 62

Return interventions

1. Where a Member State is facing a burden when implementing the obligation to return

returnees  , including where carrying out the border procedure according to Regulation

(EU) 2024/1349  , the Agency shall provide the appropriate technical and operational

assistance in the form of a return intervention, either on its own initiative and with the

agreement of the Member State concerned or at the request of that Member State. Such

intervention may consist in the deployment of return teams to the host Member State,

providing assistance in the implementation of return procedures and the organisation of return

operations from the host Member State.

Article 5059 shall apply also to return operations organised or coordinated by the Agency in

the framework of return interventions.

2. Where a Member State is facing specific and disproportionate challenges when

implementing its obligation to return returnees, the Agency shall provide the appropriate

technical and operational assistance in the form of a rapid return intervention, either on its

EN 155 EN

own initiative and with the agreement of the Member State concerned or at the request of that

Member State. A rapid return intervention may consist in the rapid deployment of return

teams to the host Member State, providing assistance in the implementation of return

procedures and the organisation of return operations from the host Member State.

3. In the context of a return intervention  or a rapid return intervention  , the executive

director shall draw up an operational plan without delay, in agreement with the host Member

State and the participating Member States. The provisions of Article 3843 shall apply mutatis

mutandis.

4. The executive director shall take a decision on the operational plan as soon as possible

and, in the case referred to in paragraph 2, within five working days. The decision shall be

immediately notified, in writing, to the Member States concerned and to the management

board.

5. The Agency shall finance or co-finance return interventions from its budget in accordance

with the financial rules applicable to the Agency.

 new

Article 63

Technical assistance provided by the Agency to third countries in the area of return

1. The Agency may provide technical assistance to third countries in the area of return such as

training, capacity building and support for voluntary return and reintegration that does not

involve the exercise of executive powers.

2. When deciding on the assistance to be provided to a specific third country, the Agency

shall take particular account of the priorities of the migration policy of the Union and

prioritise, in consultation with the Commission, countries according to their relevance for

achieving the Union’s objectives.

3. In cases where a structural or long-term cooperation on technical assistance is envisaged,

the Agency may conclude working arrangements with the relevant third-country authority as

referred to in Article 88(6).

4. Article 55(1) and Articles 85, 88 and 89 shall apply mutatis mutandis to technical

assistance provided in accordance with this Article.

Article 64

Operational assistance provided by the Agency to third countries in the area of return

1. The Agency may provide operational assistance to third countries in the area of return,

based on an international agreement concluded by the Union .

2. The assistance referred to in paragraph 1 shall take place in full respect of fundamental

rights, including the principle of non-refoulement, and relevant international obligations and

standards, and shall be subject to the conditions and safeguards referred to in paragraphs 4

and 5. The assistance may concern one of the following:

(a) return, based on a return decision issued by a Member State, from a third country

where a strategic interest of the Union is identified by the Commission taking due

account of the criteria referred to in Article 65, in particular in relation to the

EN 156 EN

implementation of the return border procedure referred to in Regulation (EU)

2024/1349;

(b) return from a third country based on an individual obligation to leave established

under the national law of:

i) a third country that has been granted the status of candidate country for

accession;

i) a third country that is bound by the European Convention on Human

Rights;

ii) a third country that is designated as safe third country at Union level in

accordance with Articles 59 and 60 of Regulation (EU) 2024/1348 of the

European Parliament and of the Council74; or

iii) any other third country respecting international human rights standards

and principles, in accordance with international law, including the

principle of non-refoulement, where a strategic interest of the Union is

identified by the Commission taking due account of the criteria referred

to in Article65, including in relation to the return caseload and the

geopolitical context.

For the Agency’s assistance Article 55(1) shall apply mutatis mutandis.

3. Operational assistance to third countries, as referred to in paragraph 1, shall be based on an

international agreement concluded by the Union, provided that all elements of the model

status agreement pursuant to Article 91(1) of this Regulation and the relevant safeguards set

out in paragraphs 4 or 5 of this Article are included in that agreement.

4. Agreements referred to in paragraph 3 of this Article covering operational assistance in the

area of voluntary return shall include the requirements laid down in Article 88(3), including

provisions on the scope of the assistance, the tasks and powers of the members of the return

teams, and their privileges and immunities, including provisions on civil and criminal liability

in accordance with Article 115(2). Such agreements shall include the following additional

safeguards, taking into account the existence, or lack thereof, of applicable international

instruments already providing such safeguards and of the specific situation of countries

referred to in paragraph 2, points (b)(i) to (iii), of this Article:

(a) the commitment by the third country to respect international human rights standards

and principles in accordance with international law;

(b) the commitment by the third country that any person to be subject of Agency’s

return-related assistance is under the individual obligation to leave that third country

in accordance with national law, following a due process, and that the Agency is

satisfied of that obligation at the time of return;

(c) the commitment by the third country to guarantee that the principle of non-

refoulement was respected in the specific case, and to provide the Agency the

mechanism through which such respect is generally ensured at national level;

(d) a mechanism for the Agency to report incidents to the third country;

74 Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024 establishing

a common procedure for international protection in the Union and repealing Directive 2013/32/EU (OJ

L, 2024/1348, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1348/oj).

EN 157 EN

(e) an independent mechanism to monitor the effective application of the agreement.

5. Where the operational assistance is to cover forced return, the international agreements

referred to in paragraph 3 shall include the safeguards and requirements referred to in

paragraph 4 and the following additional safeguards:

(a) the commitment to respect the needs of vulnerable persons;

(b) clear rules regarding the proportionate use, where necessary, of force and means of

constraints during the return operation.

6. Articles 59, 85, 88 and 89 shall apply mutatis mutandis to operational assistance provided

in accordance with paragraphs 1 to 5 of this Article.

Article 65

Cooperation with third countries in the area of return

Cooperation with third countries in the area of return shall be in line with the Union’s policy

priorities in the area of migration, security, and border management and with the Union’s

external action policies priorities and shall take into account the European Asylum and

Migration Management Strategy adopted pursuant to Article 8 of Regulation (EU) 2024/1351.

Implications concerning resources and costs, including the impacts on the Agency’s capacity

to provide return-related support to Member States shall also be considered before the

Commission recommends to the Council to authorise it to negotiate an agreement with a third

country.

 2019/1896

SECTION 9

CAPABILITIES

Article 54 66

European Border and Coast Guard standing corps

1. A European Border and Coast Guard standing corps with the capacity set out in Annex

I shall be part of the Agency. The standing corps shall be composed of the following four

categories of operational staff in accordance with the annual availability scheme set out in

Annex I:

 new

The standing corps shall support the European Border and Coast Guard in the implementation

of European Integrated Border Management, and support in the field of the common system

for returns. The standing corps shall be composed of three categories of operational staff and

a European border and return reserve of operational staff to maintain the capacity of the

European Border and Coast Guard in the area of management of external borders and return.

The capacity of the European Border and Coast Guard standing corps shall be set out in

EN 158 EN

Annex I determining the multiannual availability scheme. The categories of operational staff

and a European border and return reserve of operational staff shall be as follows:

 2019/1896 (adapted)

 new

(a) category 1: statutory staff deployed as members of the teams in operational areas in

accordance with Article 5567  and in antenna offices referred to in Article 73, statutory staff

performing operational activities at the Agency’s headquarters, staff carrying out operational

training of standing corps, and statutory  as well as staff responsible for the functioning of

the ETIAS Central Unit;

(b) category 2: staff seconded from Member States to the Agency for a long term as part

of the standing corps in accordance with Article 5668;

(c) category 3: staff from Member States who are ready to be provided to the Agency for

a short-term deployment as part of the standing corps in accordance with Article 5769; and

(d) category 4: the reserve for rapid reaction consisting of staff from the Member States

who are ready to be deployed in accordance with Article 58 for the purposes of rapid border

interventions in accordance with Article 39.  European border and return reserve: staff from

Member States who have undergone training by the Agency and are ready to be deployed in

accordance with Article 70. 

2. The Agency shall deploy members of the standing corps as members of the border

management teams, migration management support teams and return teams in joint

operations, rapid border interventions, return interventions or any other relevant operational

activities in the Member States or in third countries. Such activities shall only be carried out

with the authorisation of the Member State or the third country concerned.

 new

The standing corps shall also carry out operational activities at the Agency’s headquarter or in

antenna offices and provide operational training.

 2019/1896 (adapted)

 new

The actual number of staff deployed from the standing corps shall depend on the operational

needs.

Deployment of the standing corps shall be complementary to the efforts undertaken by the

Member States.

3. When providing support to the Member States, the members of the standing corps

deployed as members of the teams shall have the ability to carry out border control or return

tasks, including tasks requiring executive powers provided for in the relevant national law or,

in the case of statutory staff, the tasks requiring executive powers set out in Article

55(7)67(7).

EN 159 EN

The members of the standing corps  carrying out border control  shall meet the

requirements for specialised training and professionalism as provided for in the third

subparagraph of Article 16(1) , third subparagraph, of Regulation (EU) 2016/399 or other

relevant instruments.  The members of the standing corps who are not required to carry out

border control shall meet the professional requirements relevant to the performance of their

tasks. 

4. On the basis of a proposal from the executive director taking into account the

Agency's risk analysis, the results of the vulnerability assessment and the multiannual

strategic policy cycle for  EIBM  European integrated border management, and building

on the numbers and profiles of staff available to the Agency through its statutory staff and

ongoing secondments, by 31 March of each year the management board shall adopt a

decision:

(a) defining the profiles of, and setting out the requirements for, operational staff;

(ba) on the number of staff per specific profile of categories 1, 2 and 3 staff to form teams

in the following year, based on the expected operational needs for the following year;

(cb) specifying further the contributions set out in Annexes II and III by setting the specific

numbers and profiles of staff per Member State to be seconded to the Agency in accordance

with Article 5668 and to be nominated in accordance with Article 5769 in the following year;

(dc) specifying further the contributions set out in Annex IV by setting the specific

numbers and profiles of staff per Member State under the reserve for rapid reaction to be

provided in the following year in the event of rapid border interventions in accordance with

Articles 39 and 58; and  specifying the number of officers from the Member States to

undergo the training in accordance with Article 70 for becoming part of the European border

and return reserve, in the following year; 

(d) setting out an indicative multiannual planning of profiles for the subsequent years to

facilitate the long-term planning for the Member States' contributions and the recruitment

of statutory staff.

 2019/1896

 new

5. The crew for technical equipment provided in accordance with Article 6478 shall be

taken into account as part of the contributions for short-term deployments provided by the

Member States pursuant to Article 5769 for the following year. With a view to preparing the

relevant management board decision referred to in paragraph 4 of this Article, the Member

State concerned shall inform the Agency about its intention to deploy the technical equipment

with the corresponding crew by the end of January of each year.

6. For the purpose of Article 73, the Agency shall develop and ensure the command and

control structures for the effective deployment of the standing corps on the territory of third

countries.

76. The Agency may recruit a sufficient number of statutory staff, which may account for

up to 4 % of the total number of the standing corps set out in Annex I, for supportive or

monitoring functions for the establishment of the standing corps, for the planning and

management of its operations and for the acquisition of the Agency's own equipment  to

support or monitor the functions of the deployed standing corps .

EN 160 EN

 new

Those functions and the maximum ceiling for staff performing them shall be established by a

decision of the management board, on the basis of a proposal from the executive director and

taking into account the needs of the Agency. The ceiling shall be a proportion of the total

number of the standing corps categories 1, 2 and 3.

 2019/1896 (adapted)

 new

7. The  statutory  staff referred to in paragraph 6 7 and the staff responsible for the

functioning of the ETIAS Central Unit shall not be deployed as members of the teams, but

shall nevertheless be counted as category 1 staff for the purposes of Annex I.

Article 55 67

Statutory staff in the standing corps

1. The Agency shall contribute members of its statutory staff (category 1) to the standing

corps to be deployed in operational areas as members of the teams with the tasks and powers

provided for in Article 82 98, including the task of operating the Agency's own equipment.

2. When recruiting staff, the Agency shall ensure that only candidates who demonstrate a

high level of professionalism, adhere to high ethical values and possess appropriate language

skills are selected.

3. In accordance with Article 62(2)75(6), following their recruitment, the statutory staff

to be deployed as members of the teams shall undergo necessary border-guard or return-

related  appropriate  training, including on fundamental rights  and on the protection of

personal data  , as relevant to the profiles of staff decided by the management board in

accordance with Article 54(4)  66  , taking into account their previously acquired

qualifications and professional experience in the relevant areas.  Only staff having

successfully completed the operational training shall be employed as standing corps in

accordance with Article 114(4). 

The training referred to in the first subparagraph shall be conducted in the framework of

dedicated training programmes designed by the Agency. and, on the basis of  The training

shall be based on  agreements  between the Agency and  with selected Member

States  and  implemented    by the Agency and  in their specialised

 national  institutions for training and education, including the Agency's partnership

academies in Member States.

Adequate training maps shall be designed for each staff member after his or her  their 

recruitment to ensure that he or she is  they are  always professionally  duly 

qualified to fulfil border guard or return-related  the  tasks  assigned to them  .

Training maps shall be regularly updated. The Agency shall cover the full cost of training.

Statutory staff who act as technical crew operating the Agency's own equipment shall not

need to undergo full border guard or return-related training.

EN 161 EN

4. Throughout their employment, the Agency shall ensure that its statutory staff

discharge their duties as members of the teams in accordance with the highest standards and

in full compliance with fundamental rights.

5. On the basis of a proposal from the executive director, the management board shall:

(a) establish an appropriate supervisory mechanism to monitor the application of the

provisions on use of force by statutory staff, including rules on reporting and specific

measures, such as those of a disciplinary nature, with regard to the use of force

during deployments;

(b) establish rules for the executive director to authorise statutory staff to carry and use

weapons in accordance with Article 8298 and Annex V, including on mandatory

cooperation with the competent national authorities, in particular of the Member

State of nationality, the Member State of residence, and the Member State of the

initial training; those rules shall also address how the executive director ensures that

the conditions for issuing such authorisations continue to be met by statutory staff, in

particular as regards handling weapons including the performance of regular

shooting tests;

(c) establish specific rules to facilitate the storage of weapons, ammunition and other

equipment in secured facilities and their transportation to the operational areas.

In relation to the rules referred to in the first subparagraph, point (a), of the first subparagraph

of this paragraph, the Commission shall give an opinion on  to assess  their compliance

with the Staff Regulations and Conditions of Employment, in accordance with Article 110(2))

of the Staff Regulations. The fundamental rights officer shall be consulted on the proposal

from the executive director with regard to those rules.

6.  The staff of the  Agency staff who are not qualified to perform border guard or

return-related tasks shall only be deployed during joint operations  or return operations 

for coordination, monitoring of fundamental rights and other related tasks. They shall not

form part of the teams.

7.  The Member States shall take measures to ensure that  tThe statutory staff to be

deployed as members of the teams  is enabled to effectively exercise the following

executive powers  shall be able to perform, in accordance with Article 9882, the following

tasks requiring executive powers, in accordance with the profiles of staff and relevant

training:

(a)  border checks on persons in accordance with Article 8(2) and (3) of Regulation

(EU) 2016/399  the verification of the identity and nationality of persons,

including  the  consultation of relevant Union and national databases;

(b) the authorisation of  authorising  entry where the entry conditions, as laid

down in Article 6 of Regulation (EU) 2016/399, are fulfilled;

(c) the refusal of  refusing  entry in accordance with Article 14 of Regulation (EU)

2016/399;

(d) the stamping of travel documents in  the cases provided for in  accordance with

Article  21(2)  11 of Regulation (EU)  2017/2226  2016/399;

(e) the issuing or refusing of visas at the border in accordance with Article 35 of

Regulation (EC) No 810/2009 of the European Parliament and of the Council and

introducing relevant data in the Visa Information System;

EN 162 EN

(f) border surveillance  in accordance with Article 13 of Regulation (EU) 2016/399 

, including patrolling between border crossing points to prevent unauthorised border

crossings, to counter cross-border crime and to take measures against persons who

have crossed the border illegally, including interception or apprehension;

 new

(g) intercepting or apprehending persons during border control and referring them to the

competent authorities;

 2019/1896 (adapted)

 new

(gh) registering of fingerprints of persons apprehended in connection with the

 unauthorised  crossing of an external border in Eurodac in accordance with Chapter III

of Regulation (EU) No 603/2013  2024/1358  of the European Parliament and of the

Council75 76;

 new

(i) checking of the means of transport and objects in the possession of the persons

crossing the border;

 2019/1896

(hj) liaising with third countries with a view to identifying and obtaining travel documents

for returnees;

75 Regulation (EU) No 603/2013 of the European Parliament and of the Council of 26 June 2013 on the

establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of Regulation

(EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State

responsible for examining an application for international protection lodged in one of the Member

States by a third-country national or a stateless person and on requests for the comparison with Eurodac

data by Member States' law enforcement authorities and Europol for law enforcement purposes, and

amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational

management of large-scale IT systems in the area of freedom, security and justice (OJ L 180, 29.6.2013,

p. 1, ELI: …).). 76 Regulation (EU) 2024/1358 of the European Parliament and of the Council of 14 May 2024 on the

establishment of ‘Eurodac’ for the comparison of biometric data in order to effectively apply

Regulations (EU) 2024/1351 and (EU) 2024/1350 of the European Parliament and of the Council and

Council Directive 2001/55/EC and to identify illegally staying third-country nationals and stateless

persons and on requests for the comparison with Eurodac data by Member States’ law enforcement

authorities and Europol for law enforcement purposes, amending Regulations (EU) 2018/1240 and (EU)

2019/818 of the European Parliament and of the Council and repealing Regulation (EU) No 603/2013

of the European Parliament and of the Council (OJ L, 2024/1358, 22.5.2024, ELI:

http://data.europa.eu/eli/reg/2024/1358/oj)

EN 163 EN

 new

(k) identifying third-country nationals subject to return procedures;

(l) carrying out returns by air, land or sea;

 2019/1896 (adapted)

 new

(im) escorting third-country nationals subject to forced-return procedures.

Article 56 68

Member States' participation in the standing corps through long-term secondment

1. The Member States shall contribute to the standing corps by seconding operational

staff to the Agency as members of the teams (category 2). The duration of individual

secondments shall be 24 months. With the agreement of the home Member State and the

Agency, individual secondments may be prolonged once for another 12 or 24 months. In

order to facilitate the implementation of the financial support system referred to in Article

6174, secondments shall, as a general rule, start at the beginning of a calendar year.

2. Each Member State shall be responsible for ensuring the continuous contribution of

operational staff as seconded members of the teams in accordance with Annex II. The

payment of costs incurred by staff deployed under this Article shall be made in accordance

with the rules adopted pursuant to Article 95(6)114(7).

3. The operational staff seconded to the Agency shall have the tasks and powers of the

members of the teams in accordance with Article 8298. The Member State that has seconded

those operational staff shall be considered to be their home Member State. During the

secondment, the locations and duration of the deployments of seconded members of the teams

shall be decided by the executive director in accordance with the operational needs. The

Agency shall ensure the continuous training of the operational staff during their secondment.

4. By 30 June of each year, each Member State shall indicate the candidates for

secondment among their operational staff in accordance with the specific numbers and

profiles of staff decided by the management board for the following year as referred to in

Article 54(4)66(4). The Agency shall verify whether the operational staff proposed by

Member States correspond to the defined profiles of staff and possess the necessary language

skills. By 15 September of each year, the Agency shall accept the proposed candidates or, in

cases of non-compliance with the required profiles, insufficient language skills, misconduct or

infringement of the applicable rules during previous deployments, shall refuse the candidates

in question and request that the Member State propose other candidates for secondment.

5. Where, due to force majeure, an individual operational staff member cannot be

seconded or is unable to continue his or her secondment, the Member State concerned shall