CHAPTER II European Border and Coast Guard Agency

Section 3 External border management

Article 21Instructions to the European Border and Coast Guard teams

1.

During deployment of European Border and Coast Guard teams, the host Member State 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 European Border and Coast Guard 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 European Border and Coast Guard 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 25(3).

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. Any measures taken in the performance of their tasks and in the exercise of their powers shall be proportionate to the objectives pursued by such measures. While performing their tasks and exercising their powers, they shall not discriminate against persons on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

5.

Members of the teams 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 a joint operation or rapid border intervention.