CHAPTER IEUROPEAN BORDER AND COAST GUARD

Article 1Subject matter

This Regulation establishes a European Border and Coast Guard to ensure European integrated border management at the external borders with a view to managing those borders efficiently in full compliance with fundamental rights and to increasing the efficiency of the Union return policy.

This Regulation addresses migratory challenges and potential future challenges and threats at the external borders. 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 the detection, prevention and combating of cross-border crime at the external borders.

Article 2Definitions

For the purposes of this Regulation, the following definitions apply:

  1. (1)

    ‘external borders’ means external borders as defined in point 2 of Article 2 of Regulation (EU) 2016/399;

  2. (2)

    ‘border crossing point’ means border crossing point as defined in point 8 of Article 2 of Regulation (EU) 2016/399;

  3. (3)

    ‘border control’ means border control as defined in point 10 of Article 2 of Regulation (EU) 2016/399;

  4. (4)

    ‘border checks’ means border checks as defined in point 11 of Article 2 of Regulation (EU) 2016/399;

  5. (5)

    ‘border surveillance’ means border surveillance as defined in point 12 of Article 2 of Regulation (EU) 2016/399;

  6. (6)

    ‘air border surveillance’ means the surveillance of any flight of a manned or unmanned aircraft and its passengers or cargo to or from the territory of the Member States which is not an internal flight as defined in point 3 of Article 2 of Regulation (EU) 2016/399;

  7. (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. (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. (9)

    ‘EUROSUR’ means the framework for information exchange and cooperation between the Member States and the European Border and Coast Guard Agency;

  10. (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. (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. (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. (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;

  14. (14)

    ‘incident’ means a situation relating to illegal immigration, cross-border crime, or a risk to the lives of migrants at, along or in the proximity of, the external borders;

  15. (15)
    ‘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 259/6834;
  16. (16)

    ‘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), acting as members of the teams having executive powers, where applicable, 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;

  17. (17)

    ‘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;

  18. (18)

    ‘border management teams’ means teams formed from the European Border and Coast Guard standing corps to be deployed during joint operations at the external borders and rapid border interventions in Member States and third countries;

  19. (19)

    ‘migration management support teams’ means teams of experts which provide technical and operational reinforcement to Member States, including at hotspot areas, composed of operational staff, experts from the European Asylum Support Office (EASO) and Europol and, where relevant, experts from the European Union Agency for Fundamental Rights (FRA), other Union bodies, offices and agencies and Member States;

  20. (20)

    ‘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;

  21. (21)

    ‘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;

  22. (22)

    ‘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. (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;

  24. (24)

    ‘return’ means return as defined in point 3 of Article 3 of Directive 2008/115/EC;

  25. (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;

  26. (26)

    ‘returnee’ means an illegally staying third-country national who is the subject of an enforceable return decision;

  27. (27)

    ‘return operation’ means an operation that is organised or coordinated by the European Border and Coast Guard Agency and involves technical and operational reinforcement provided to one or more Member States under which returnees from one or more Member States are returned, either on a forced or voluntary basis, irrespective of the means of transport;

  28. (28)

    ‘return intervention’ means an activity of the European Border and Coast Guard Agency providing Member States with enhanced technical and operational assistance consisting of the deployment of return teams and the organisation of return operations;

  29. (29)

    ‘return teams’ means teams formed from the European Border and Coast Guard standing corps to be deployed during return operations, return interventions in Member States or other operational activities linked to the implementation of return-related tasks;

  30. (30)
    ‘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 Council35.

Article 3European integrated border management

1.

European integrated border management 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 at 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;

(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;

(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.

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 4European 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 5European Border and Coast Guard Agency

1.

The Agency shall be governed by this Regulation.

2.

The Agency shall include the European Border and Coast Guard standing corps (‘the standing corps’) referred to in Article 54 with a capacity of up to 10 000 operational staff in accordance with Annex I.

3.

To ensure coherent 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 6Accountability

The Agency shall be accountable to the European Parliament and to the Council in accordance with this Regulation.

Article 7Shared responsibility

1.

The European Border and Coast Guard shall implement 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.

2.

The Agency shall provide technical and operational assistance in the implementation of measures relating to return as referred to in Article 48 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.

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 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.

Article 8Multiannual 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 by means of a multiannual strategic policy cycle that is adopted in accordance with the procedure laid down in paragraph 4.

2.

The multiannual strategic policy for the European integrated border management shall set out how the challenges in the area of border management and return 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 7.

4.

On the basis of the strategic risk analysis for European integrated border management referred to in Article 29(2), the Commission shall prepare a policy document developing a multiannual strategic policy for 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 European integrated border management.

5.

In order to implement the multiannual strategic policy for European integrated border management, 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 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 be in line with Article 3 and the multiannual strategic policy for European integrated border management. It shall promote and support the implementation of European integrated border management in all Member States.

6.

In order to implement the multiannual strategic policy for European integrated border management, the Member States shall establish national strategies for 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 Article 3, the multiannual strategic policy for European integrated border management and the technical and operational strategy.

7.

Four years after the adoption of the multiannual strategic policy for European integrated border management, 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.

8.

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 or relevant parts thereof in accordance with the procedure set out in paragraph 4.

Where the Commission amends the multiannual strategic policy as provided for in the first subparagraph, the technical and operational strategy and the national strategies shall, where necessary, be adapted.

Article 9Integrated planning

1.

On the basis of the multiannual strategic policy cycle for European integrated border management, the European Border and Coast Guard shall establish an integrated planning process for border management and return, including operational planning, contingency planning and capability development planning processes. That integrated planning process shall be established in accordance with paragraphs 2, 3 and 4 of this Article.

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 neighbouring Member States and with the Agency with a view to implementing the necessary cross-border measures and providing for support by the Agency. 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 102. For each specific operational activity, operational planning processes shall result in the operational plans referred to in Article 38 and Article 74(3). The operational plans or parts thereof may be classified where appropriate, in accordance with Article 92.

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.

The part of the contingency plans that requires 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.

4.

Member States shall adopt national capability development plans for border management and return in line with their national 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 of European integrated border management, in particular the recruitment and training policy of border guards and return specialists, the acquisition and maintenance of equipment, necessary research and development activities, and the corresponding funding requirements and sources.

5.

The 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. 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.

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.

The Agency shall prepare an overview of the national capability development plans and a multiannual strategy for the acquisition of the Agency's equipment referred to in Article 63 and the multiannual planning for 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 synergies and opportunities for cooperation in the various areas covered by the national capability development plans, including joint procurement. On the basis of the identified synergies, the Agency may invite the Member States to participate in follow-up actions for cooperation.

8.

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 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 29 and 32 and the Agency's own multiannual plans. 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(5).