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22.11.2011 Official
Journal
of
the
European
Union
L
304/1
I
(Legislative acts)
REGULATIONS
REGULATION (EU) No 1168/2011 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 25 October 2011
amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the
Management of Operational Cooperation at the External Borders of the Member States of the
European Union
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
within the Union and a fundamental component of an
EUROPEAN UNION,
area of freedom, security and justice. To that end, the
establishment of common rules on standards and
procedures for the control and surveillance of the
external borders is contemplated.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 74 and points (b) and (d) of
Article 77(2) thereof,
(3) The
efficient
implementation
of
the
common
rules
on
standards and procedures for the control and surveillance
Having regard to the proposal from the European Commission,
of the external borders calls for increased coordination of
the operational cooperation between the Member States.
After transmission of the draft legislative act to the national
parliaments,
(4) Efficient
management
of
the
external
borders
through
checks and surveillance contributes to combat illegal
immigration and trafficking in human beings and to
Having regard to the opinion of the European Economic and
reduce the threats to the internal security, public
Social Committee ( 1 ),
policy, public health and international relations of the
Member States.
Acting in accordance with the ordinary legislative procedure ( 2 ),
(5)
Border control at the external borders is in the interest
Whereas:
not only of the Member State at whose external borders

it is carried out, but also of all Member States which have
abolished internal border controls.
(1) The
development
of
a
forward-looking
and
compre
hensive European migration policy, based on human
rights, solidarity and responsibility, especially for those
(6) In
2004 the
Council
adopted
Regulation
(EC)
Member States facing specific and disproportionate
No 2007/2004 of 26 October 2004 establishing a
pressures, remains a key policy objective for the Union.
European Agency for the Management of Operational
Cooperation at the External Borders of the Member
States of the European Union ( 3 ) (Frontex) (hereinafter
(2)
Union policy in the field of the external borders aims at
‘the Agency’) which became operational in May 2005.
an integrated border management ensuring a uniform
Regulation (EC) No 2007/2004 was amended in 2007
and high level of control and surveillance, which is a
by Regulation (EC) No 863/2007 of the European
necessary corollary to the free movement of persons
Parliament and of the Council of 11 July 2007 estab
lishing a mechanism for the creation of Rapid Border
Intervention Teams ( 4 ).
( 1 ) OJ C 44, 11.2.2011, p. 162.
( 2 ) Position of the European Parliament of 13 September 2011 (not yet
published in the Official Journal) and Council Decision of
( 3 ) OJ L 349, 25.11.2004, p. 1.
10 October 2011.
( 4 ) OJ L 199, 31.7.2007, p. 30.

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L 304/2
EN
Official Journal of the European Union
22.11.2011
(7)
A further enhancement of the role of the Agency is in
should be subject, in the exercise of their tasks and
line with the objective of the Union to develop a policy
powers, to the same legal framework as the guest
with a view to the gradual introduction of the concept of
officers contributed directly to those teams by Member
Integrated Border Management. The Agency should,
States. The Agency should adapt its internal rules on
within the limits of its mandate, support the Member
seconded national experts to allow for direct instructions
States in implementing that concept as defined in the
by the host Member State to the border guards during
Council conclusions on Integrated Border Management
joint operations and pilot projects.
of 4-5 December 2006.
(15) A
well-defined
operational
plan,
including
an
evaluation
(8) The
multiannual
programme
for
an
area
of
freedom,
and an obligation to report incidents, agreed prior to the
security and justice serving the citizen (the Stockholm
start of joint operations or pilot projects amongst the
Programme) adopted by the European Council on
Agency and the host Member State, in consultation
10-11 December 2009 calls for a clarification and
with the participating Member States, will largely
enhancement of the role of the Agency regarding the
contribute to the objectives of this Regulation with a
management of the external borders.
more harmonised modus operandi regarding the coor
dination of joint operations and pilot projects.
(9) The
mandate
of
the
Agency
should
therefore
be
revised
in order to strengthen in particular its operational capa
bilities while ensuring that all measures taken are propor
(16) The
incident
reporting
scheme
should
be
used
by
the
tionate to the objectives pursued, are effective and fully
Agency to transmit to the relevant national public
respect fundamental rights and the rights of refugees and
authorities and to its Management Board (‘the
asylum seekers, including in particular the prohibition of
Management Board’) any information concerning
refoulement.
credible allegations of breaches of, in particular, Regu
lation (EC) No 2007/2004 or the Schengen Borders
Code established by Regulation (EC) No 562/2006 of
the European Parliament and of the Council
( 1 ),
(10) Current
possibilities
for
providing
effective
assistance
to
including fundamental rights, during joint operations,
the Member States regarding the operational aspects of
pilot projects or rapid interventions.
external border management should be reinforced in
terms of the available technical resources. The Agency
should be able to plan with sufficient accuracy the coor
dination of joint operations or pilot projects.
(17) Risk
analysis
has
been
demonstrated
to
be
a
key
element
for conducting operations at the external borders. Its
quality should be improved by adding a method for
(11) Minimum levels of necessary technical equipment
assessing the capacity of Member States to face
provided by the Agency and/or, on a compulsory basis,
upcoming challenges, including present and future
by the Member States on the basis of annual bilateral
threats and pressures at the external borders. However,
negotiations and agreements will largely contribute to a
those assessments should be without prejudice to the
better planning and implementation of the envisaged
Schengen evaluation mechanism.
operations coordinated by the Agency.
(18) The
Agency
should
provide
training,
including
on
funda
(12) The Agency should manage lists of technical equipment
mental rights, access to international protection and
owned either by the Member States or by the Agency
access to asylum procedures, at European level, for
and equipment co-owned by the Member States and the
instructors of the national border guards of Member
Agency, by setting up and keeping centralised records in
States and additional training and seminars related to
a technical equipment pool. That pool should contain the
control and surveillance at the external borders and
minimum number of categories of technical equipment
removal of third-country nationals illegally present in
necessary to enable the Agency to conduct its activities.
the Member States for officers of the competent
national services. The Agency may organise training
activities, including an exchange programme, in coop
eration with Member States on their territory. Member
(13) To
ensure
effective
operations,
teams
of
border
guards
should be set up by the Agency. Member States should
States should integrate the results of the Agency's work
contribute to those teams with an appropriate number of
in that perspective in the national training programmes
skilled border guards and make them available for
of their border guards.
deployment, unless they are faced with exceptional
situations substantially affecting the discharge of
national tasks.
(19) The
Agency
should
monitor
and
contribute
to
the
devel
opments in scientific research relevant to its field of
activity and disseminate that information to the
(14) The Agency should be able to contribute to those teams
Commission and the Member States.
with the border guards who are seconded by Member
States to the Agency on a semi-permanent basis, who
( 1 ) OJ L 105, 13.4.2006, p. 1.

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EN
22.11.2011 Official
Journal
of
the
European
Union
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304/3
(20) In
most
Member
States,
the
operational
aspects
of
the
(24) Furthermore,
specific
provisions
should
be
adopted
by
return of third-country nationals illegally present in the
the Management Board to allow national experts from
Member States fall within the competence of the
Member States to be seconded to the Agency. Such
authorities responsible for controlling the external
provisions should, among others, specify that seconded
borders. As there is a clear added value in performing
national border guards to be deployed during joint
those tasks at Union level, the Agency should, in full
operations, pilot projects or rapid interventions should
compliance with the return policy of the Union,
be considered as guest officers with the corresponding
accordingly ensure the coordination or the organisation
tasks and powers.
of joint return operations of Member States and identify
best practices on the acquisition of travel documents, and
define a code of conduct to be followed during the
removal of third-country nationals illegally present on
the territories of the Member States. No Union
(25) Regulation
(EC)
No
45/2001
of
the
European
Parliament
financial means should be made available for activities
and of the Council of 18 December 2000 on the
or operations that are not carried out in conformity
protection of individuals with regard to the processing
with the Charter of Fundamental Rights of the
of personal data by the Community institutions and
European Union (‘the Charter of Fundamental Rights’).
bodies and on the free movement of such data ( 2 )
applies to the processing of personal data by the
Agency. The European Data Protection Supervisor
should therefore monitor the processing of personal
data by the Agency and have the power to obtain
(21) For the purpose of fulfilling its mission and to the extent
from the Agency access to all information necessary
required for the accomplishment of its tasks, the Agency
for his or her enquiries.
may cooperate with Europol, the European Asylum

Support Office, the European Union Agency for Funda
mental Rights and other Union agencies and bodies, the
competent authorities of third countries and the inter
national organisations competent in matters covered by
(26) In
so
far
as
the
Member
States
are
processing
personal
Regulation (EC) No 2007/2004 within the framework of
data, Directive 95/46/EC of the European Parliament and
working arrangements concluded in accordance with the
of the Council of 24 October 1995 on the protection of
relevant provisions of the Treaty on the Functioning of
individuals with regard to the processing of personal data
the European Union (‘TFEU’). The Agency should
and on the free movement of such data ( 3 ) applies in full.
facilitate operational cooperation between Member
States and third countries within the framework of the
external relations policy of the Union.
(27) When ensuring the operational management of IT
systems, the Agency should follow European and inter
(22) Cooperation with third countries regarding matters
national standards, including on data protection, taking
covered by Regulation (EC) No 2007/2004 is increasingly
into account the highest professional requirements.
important. To establish a solid cooperation model with
relevant third countries, the Agency should be able to
launch and finance projects of technical assistance and to
deploy liaison officers in third countries in cooperation
with the competent authorities of those countries. The
(28) Regulation (EC) No
2007/2004 should therefore be
Agency should be able to invite observers from third
amended accordingly.
countries to participate in its activities, after having
provided the necessary training. Establishing cooperation
with third countries is also relevant with regard to
promoting Union standards of border management,
including respect for fundamental rights and human
(29) This
Regulation respects the fundamental rights and
dignity.
observes the principles recognised in particular by the
TFEU and the Charter of Fundamental Rights, notably
the right to human dignity, the prohibition of torture
and of inhuman or degrading treatment or punishment,
the right to liberty and security, the right to protection of
(23) In order to ensure open and transparent employment
personal data, the right to asylum, the principle of non-
conditions and equal treatment of staff, the Staff Regu
refoulement, the principle of non-discrimination, the rights
lations of Officials of the European Union and the
of the child, and the right to an effective remedy. This
Conditions of Employment of Other Servants of the
Regulation should be applied by the Member States in
European Union, laid down in Council Regulation (EEC,
accordance with those rights and principles. Any use of
Euratom, ECSC) No 259/68 ( 1 ), should apply to the staff
force should be in accordance with the national law of
and to the Executive Director of the Agency, including
the host Member State, including the principles of
the rules of professional secrecy or other equivalent
necessity and proportionality.
duties of confidentiality.
( 2 ) OJ L 8, 12.1.2001, p. 1.
( 1 ) OJ L 56, 4.3.1968, p. 1.
( 3 ) OJ L 281, 23.11.1995, p. 31.

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L 304/4
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Official Journal of the European Union
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(30) The
implementation
of
this
Regulation
should
not
affect
the accession of the Principality of Liechtenstein to the
the rights or obligations of Member States under the
Agreement between the European Union, the European
United Nations Convention on the Law of the Sea, the
Community and the Swiss Confederation on the Swiss
International Convention for the Safety of Life at Sea, the
Confederation's association with the implementation,
International Convention on Maritime Search and Rescue
application and development of the Schengen acquis ( 5 )
or the Geneva Convention Relating to the Status of
which fall within the area referred to in Article 1, points
Refugees.
A, B and G of Decision 1999/437/EC read in
conjunction with Article 3 of Council Decision
2011/350/EU ( 6 ). Consequently, the delegation of the
Principality of Liechtenstein should participate as
(31) Since the objective of this Regulation, namely to
member of the Management Board, albeit with limited
contribute to the creation of an integrated management
voting rights.
of operational cooperation at the external borders of the
Member States, cannot be sufficiently achieved by the
Member States and can therefore be better achieved at
Union level, the Union may adopt measures, in
(35) In accordance with Articles 1 and 2 of the Protocol
accordance with the principle of subsidiarity as set out
(No 22) on the position of Denmark, annexed to the
in Article 5 of the Treaty on European Union (‘TEU’). In
TEU and the TFEU, Denmark is not taking part in the
accordance with the principle of proportionality, as set
adoption of this Regulation and is not bound by it or
out in that Article, this Regulation does not go beyond
subject to its application. Given that this Regulation
what is necessary in order to achieve that objective.
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
(32) As regards Iceland and Norway, this Regulation
in its national law.
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
(36) This Regulation constitutes a development of the
concerning the latters’ association with the implemen
provisions of the Schengen acquis in which the United
tation, application and development of the Schengen
Kingdom does not take part, in accordance with Council
acquis ( 1 ), which fall within the area referred to in
Decision 2000/365/EC of 29 May 2000 concerning the
Article 1, point A of Council Decision 1999/437/EC of
request of the United Kingdom of Great Britain and
17 May 1999 on certain arrangements for the appli
Northern Ireland to take part in some of the provisions
cation of that Agreement
( 2 ). Consequently, the
of the Schengen acquis ( 7 ); the United Kingdom is
delegations of the Republic of Iceland and the
therefore not taking part in its adoption and is not
Kingdom of Norway should participate as members of
bound by it or subject to its application.
the Management Board, albeit with limited voting rights.
(37) This Regulation constitutes a development of the
(33) As
regards
Switzerland,
this
Regulation constitutes
a
provisions of the Schengen acquis in which Ireland does
development of the provisions of the Schengen acquis
not take part, in accordance with Council Decision
within the meaning of the Agreement between the
2002/192/EC of 28 February 2002 concerning Ireland's
European Union, the European Community and the
request to take part in some of the provisions of the
Swiss Confederation on the Swiss Confederation's
Schengen acquis ( 8 ); Ireland is therefore not taking part
association with the implementation, application and
in its adoption and is not bound by it or subject to its
development of the Schengen acquis ( 3 ), which fall
application.
within the area referred to in Article 1, points A, B
and G of Decision 1999/437/EC read in conjunction
with Article 3 of Council Decision 2008/146/EC ( 4 ).
Consequently, the delegation of the Swiss Confederation
(38) The
Agency
should
facilitate
the
organisation
of
oper
should participate as member of the Management Board,
ational actions in which the Member States may avail
albeit with limited voting rights.
themselves of the expertise and facilities which Ireland
and the United Kingdom may be willing to offer, in
accordance with modalities to be decided on a case-by-
case basis by the Management Board. To that end, repre
(34) As
regards
Liechtenstein,
this
Regulation
constitutes
a
sentatives of Ireland and the United Kingdom should be
development of the provisions of the Schengen acquis
invited to attend all the meetings of the Management
within the meaning of the Protocol between the
Board in order to allow them to participate fully in the
European Union, the European Community, the Swiss
deliberations for the preparation of such operational
Confederation and the Principality of Liechtenstein on
actions.
( 1 ) OJ L 176, 10.7.1999, p. 36.
( 5 ) OJ L 160, 18.6.2011, p. 21.
( 2 ) OJ L 176, 10.7.1999, p. 31.
( 6 ) OJ L 160, 18.6.2011, p. 19.
( 3 ) OJ L 53, 27.2.2008, p. 52.
( 7 ) OJ L 131, 1.6.2000, p. 43.
( 4 ) OJ L 53, 27.2.2008, p. 1.
( 8 ) OJ L 64, 7.3.2002, p. 20.

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22.11.2011 Official
Journal
of
the
European
Union
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304/5
(39) A
controversy
exists
between
the
Kingdom
of
Spain
and
(2) Article 1a is amended as follows:
the United Kingdom on the demarcation of the borders
of Gibraltar.
(a) the following point is inserted:
(40) The
suspension
of
the
applicability
of
this
Regulation
to
the borders of Gibraltar does not imply any change in
‘1a. “European Border Guard Teams” means for the
the respective positions of the States concerned,
purpose of Article 3, Article 3b, Article 3c,
Article 8 and Article 17, teams to be deployed
during joint operations and pilot projects; for
HAVE ADOPTED THIS REGULATION:
the purpose of Articles 8a to 8g, teams to be
deployed for rapid border interventions (“rapid
interventions”) within the meaning of Regulation
Article 1
(EC) No 863/2007 (*), and for the purpose of
points (ea) and (g) of Article 2(1) and Article 5,
Amendments
teams to be deployed during joint operations,
Regulation (EC) No 2007/2004 is hereby amended as follows:
pilot projects and rapid interventions;
___________
(1) in Article 1, paragraphs 2 and 3 are replaced by the
following:
(*) Regulation (EC) No 863/2007 of the European
Parliament and of the Council of 11 July 2007
establishing a mechanism for the creation of
Rapid Border Intervention Teams (OJ L 199,
‘2. While
considering
that
the
responsibility
for
the
31.7.2007, p. 30).’;
control and surveillance of external borders lies with the
Member States, the Agency, as a body of the Union as
defined in Article 15 and in accordance with Article 19 of
this Regulation, shall facilitate and render more effective
the application of existing and future Union measures
(b) point 2 is replaced by the following:
relating to the management of external borders, in
particular the Schengen Borders Code established by Regu
lation (EC) No 562/2006 (*). It shall do so by ensuring the
‘2. “host Member State” means a Member State in
coordination of the actions of the Member States in the
which a joint operation, a pilot project or a rapid
implementation of those measures, thereby contributing to
intervention takes place or from which it is
an efficient, high and uniform level of control on persons
launched;’;
and of surveillance of the external borders of the Member
States.
(c) points 4 and 5 are replaced by the following:
The Agency shall fulfil its tasks in full compliance with the
relevant Union law, including the Charter of Fundamental
‘4. “members of the teams” means border guards of
Rights of the European Union (“the Charter of Funda
Member States serving with the European Border
mental Rights”); the relevant international law, including
Guard Teams other than those of the host
the Convention Relating to the Status of Refugees done at
Member State;
Geneva on 28 July 1951 (“the Geneva Convention”); obli
gations related to access to international protection, in
particular the principle of non-refoulement; and fundamental
5. “requesting Member State” means a Member State
rights, and taking into account the reports of the
whose competent authorities request the Agency to
Consultative Forum referred to in Article 26a of this Regu
deploy teams for rapid interventions on its
lation.
territory;’;
3. The
Agency
shall
also
provide
the
Commission
and
(3) Article 2 is amended as follows:
the Member States with the necessary technical support
and expertise in the management of the external borders
and promote solidarity between Member States, especially
(a) paragraph 1 is amended as follows:
those facing specific and disproportionate pressures.
___________
(i) points (c) and (d) are replaced by the following:
(*) Regulation (EC) No 562/2006 of the European
Parliament and of the Council of 15 March 2006
establishing a Community Code on the rules
‘(c) carry out risk analyses, including the
governing the movement of persons across borders
assessment of the capacity of Member States
(Schengen Borders Code) (OJ L 105, 13.4.2006, p. 1).’;
to face threats and pressures at the external
borders;

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L 304/6
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Official Journal of the European Union
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(d) participate in the development of research
(i) provide the necessary assistance to the devel
relevant for the control and surveillance of
opment and operation of a European border
external borders;’;
surveillance system and, as appropriate, to the
development of a common information
sharing environment, including interoperability
of systems.
(ii) the following point is inserted:
___________
(*) Council Decision 2005/267/EC of 16 March
‘(da) assist Member States in circumstances
2005 establishing a secure web-based
requiring increased technical and operational
Information and Coordination Network for
assistance at the external borders, taking into
Member States’ Migration Management
account that some situations may involve
Services (OJ L 83, 1.4.2005, p. 48).’;
humanitarian emergencies and rescue at sea;’;
(b) the following paragraph is inserted:
(iii) point (e) is replaced by the following:
‘1a. In
accordance
with
Union
and
international
‘(e) assist Member States in circumstances
law, no person shall be disembarked in, or otherwise
requiring increased technical and operational
handed over to the authorities of, a country in contra
assistance at the external borders, especially
vention of the principle of non-refoulement, or from
those Member States facing specific and
which there is a risk of expulsion or return to
disproportionate pressures;’;
another country in contravention of that principle.
The special needs of children, victims of trafficking,
persons in need of medical assistance, persons in
need of international protection and other vulnerable
(iv) the following point is inserted:
persons shall be addressed in accordance with Union
and international law.’;
‘(ea) set up European Border Guard Teams that are
(c) in paragraph 2 the last subparagraph is replaced by the
to be deployed during joint operations, pilot
following:
projects and rapid interventions;’;
‘Member States shall report to the Agency on those
(v) points (f) and (g) are replaced by the following:
operational matters at the external borders outside the
framework of the Agency. The Executive Director of
the Agency (“the Executive Director”) shall inform the
Management Board of the Agency (“the Management
‘(f) provide Member States with the necessary
Board”) on those matters on a regular basis and at least
support, including, upon request, coordination
once a year.’;
or organisation of joint return operations;
(4) the following Article is inserted:
(g) deploy border guards from the European
Border Guard Teams to Member States in
joint operations, pilot projects or in rapid
‘Article 2a
interventions in accordance with Regulation
(EC) No 863/2007;’;
Code of Conduct
The Agency shall draw up and further develop a Code of
Conduct applicable to all operations coordinated by the
Agency. The Code of Conduct shall lay down procedures
(vi) the following points are added:
intended to guarantee the principles of the rule of law and
respect for fundamental rights with particular focus on
unaccompanied minors and vulnerable persons, as well
‘(h) develop and operate, in accordance with Regu
as on persons seeking international protection, applicable
lation (EC) No 45/2001, information systems
to all persons participating in the activities of the Agency.
that enable swift and reliable exchanges of
information regarding emerging risks at the
external borders, including the Information
The Agency shall develop the Code of Conduct in coop
and Coordination Network established by
eration with the Consultative Forum referred to in
Decision 2005/267/EC (*);
Article 26a.’;

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European
Union
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304/7
(5) Article 3 is replaced by the following:
2. The
Agency
may
operate
through
its
specialised
branches provided for in Article 16 for the practical
organisation of joint operations and pilot projects.
‘Article 3
Joint operations and pilot projects at the external
3. The Agency shall evaluate the results of the joint
borders
operations and pilot projects and transmit the detailed
1. The
Agency
shall
evaluate,
approve
and
coordinate
evaluation reports within 60 days following the end of
proposals for joint operations and pilot projects made by
those operations and projects to the Management Board,
Member States, including the requests of Member States
together with the observations of the Fundamental Rights
related to circumstances requiring increased technical and
Officer referred to in Article 26a. The Agency shall make a
operational assistance, especially in cases of specific and
comprehensive comparative analysis of those results with a
disproportionate pressures.
view to enhancing the quality, coherence and effectiveness
of future joint operations and pilot projects and include it
in its general report provided for in point (b) of
Article 20(2).
The Agency may itself initiate and carry out joint
operations and pilot projects in cooperation with the
Member States concerned and in agreement with the
host Member States.
4. The
Agency
shall
finance
or
co-finance
the
joint
operations and pilot projects referred to in paragraph 1,
with grants from its budget in accordance with the
financial rules applicable to the Agency.
It may also decide to put its technical equipment at the
disposal of Member States participating in the joint
operations or pilot projects.
5. Paragraphs
1a
and
4
shall
apply
also
to
rapid
inter
ventions.’;
Joint operations and pilot projects should be preceded by a
thorough risk analysis.
(6) the following Articles are inserted:
1a. The
Agency
may
terminate,
after
informing
the
‘Article 3a
Member State concerned, joint operations and pilot
projects if the conditions to conduct those joint operations
Organisational aspects of joint operations and pilot
or pilot projects are no longer fulfilled.
projects
1. The
Executive
Director
shall
draw
up
an
operational
plan for the joint operations and pilot projects referred to
The Member States participating in a joint operation or
in Article 3(1). The Executive Director and the host
pilot project may request the Agency to terminate that
Member State, in consultation with the Member States
joint operation or pilot project.
participating in a joint operation or pilot project, shall
agree on the operational plan detailing the organisational
aspects in due time before the envisaged beginning of that
joint operation or pilot project.
The home Member State shall provide for appropriate
disciplinary or other measures in accordance with its
national law in case of violations of fundamental rights
or international protection obligations in the course of a
The operational plan shall cover all aspects considered
joint operation or pilot project.
necessary for carrying out the joint operation or the
pilot project, including the following:
The Executive Director shall suspend or terminate, in
whole or in part, joint operations and pilot projects if
(a) a description of the situation, with modus operandi
he/she considers that such violations are of a serious
and objectives of the deployment, including the oper
nature or are likely to persist.
ational aim;
(b) the foreseeable duration of the joint operation or pilot
1b. The
Agency
shall
constitute
a
pool
of
border
guards
project;
called European Border Guard Teams in accordance with
Article 3b, for possible deployment during joint operations
and pilot projects referred to in paragraph 1. It shall decide
on the deployment of human resources and technical
(c) the geographical area where the joint operation or
equipment in accordance with Articles 3a and 7.
pilot project will take place;

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Official Journal of the European Union
22.11.2011
(d) a description of the tasks and special instructions for
Article 3b
the guest officers, including on permissible consul
tation of databases and permissible service weapons,
Composition and deployment of European Border
ammunition and equipment in the host Member State;
Guard Teams
1. On
a
proposal
by
the
Executive
Director,
the
Management Board shall decide by an absolute majority
(e) the composition of the teams of guest officers, as well
of its members with a right to vote on the profiles and the
as the deployment of other relevant staff;
overall number of border guards to be made available for
the European Border Guard Teams. The same procedure
shall apply with regard to any subsequent changes in the
profiles and the overall numbers. Member States shall
(f) command and control provisions, including the names
contribute to the European Border Guard Teams via a
and ranks of the host Member State's border guards
national pool on the basis of the various defined profiles
responsible for cooperating with the guest officers and
by nominating border guards corresponding to the
the Agency, in particular those of the border guards
required profiles.
who are in command during the period of
deployment, and the place of the guest officers in
the chain of command;
2. The
contribution
by
Member
States
as
regards
their
border guards to specific joint operations and pilot
(g) the technical equipment to be deployed during the
projects for the following year shall be planned on the
joint operation or pilot project, including specific
basis of annual bilateral negotiations and agreements
requirements such as conditions for use, requested
between the Agency and Member States. In accordance
crew, transport and other logistics, and financial
with those agreements, Member States shall make the
provisions;
border guards available for deployment at the request of
the Agency, unless they are faced with an exceptional
situation substantially affecting the discharge of national
(h) detailed provisions on immediate incident reporting by
tasks. Such a request shall be made at least 45 days before
the Agency to the Management Board and to relevant
the intended deployment. The autonomy of the home
national public authorities;
Member State in relation to the selection of staff and the
duration of their deployment shall remain unaffected.
(i) a reporting and evaluation scheme containing
benchmarks for the evaluation report and final date
3. The
Agency
shall
also
contribute
to
the
European
of submission of the final evaluation report in
Border Guard Teams with competent border guards
accordance with Article 3(3);
seconded by the Member States as national experts
pursuant to Article 17(5). The contribution by Member
States as regards the secondment of their border guards
(j) regarding sea operations, specific information on the
to the Agency for the following year shall be planned on
application of the relevant jurisdiction and legislation
the basis of annual bilateral negotiations and agreements
in the geographical area where the joint operation or
between the Agency and Member States.
pilot project takes place, including references to inter
national and Union law regarding interception, rescue
at sea and disembarkation;
In accordance with those agreements, Member States shall
make the border guards available for secondment, unless
(k) modalities of cooperation with third countries, other
that would seriously affect the discharge of national tasks.
Union agencies and bodies or international organi
In such situations Member States may recall their seconded
sations.
border guards.
2. Any
amendments
to
or
adaptations
of
the
oper
ational plan shall require the agreement of the Executive
The maximum duration of such secondments shall not
Director and the host Member State. A copy of the
exceed six months in a 12-month period. The seconded
amended or adapted operational plan shall immediately
border guards shall, for the purpose of this Regulation, be
be sent by the Agency to the participating Member States.
considered as guest officers and have the tasks and powers
provided for in Article 10. The Member State having
seconded the border guards in question shall be considered
as the home Member State, as defined in point 3 of
3. The
Agency
shall,
as
part
of
its
coordinating
tasks,
Article 1a, for the purpose of applying Articles 3c, 10
ensure the operational implementation of all the organisa
and 10b. Other staff employed by the Agency on a
tional aspects, including the presence of a staff member of
temporary basis who are not qualified to perform border
the Agency during the joint operations and pilot projects
control functions shall only be deployed during joint
referred to in this Article.
operations and pilot projects for coordination tasks.

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Union
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4. Members
of
the
European
Border
Guard
Teams
shall,
(7) Article 4 is replaced by the following:
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
‘Article 4
the exercise of their powers shall be proportionate to the
Risk analysis
objectives pursued by such measures. While performing
their tasks and exercising their powers, they shall not
The Agency shall develop and apply a common integrated
discriminate against persons on grounds of sex, racial or
risk analysis model.
ethnic origin, religion or belief, disability, age or sexual
orientation.
It shall prepare both general and tailored risk analyses to
be submitted to the Council and the Commission.
5. In
accordance
with
Article
8g,
the
Agency
shall
nominate a coordinating officer for each joint operation
or pilot project where members of the European Border
Guard Teams will be deployed.
For the purpose of risk analysis, the Agency may assess,
after prior consultation with the Member States concerned,
their capacity to face upcoming challenges, including
The role of the coordinating officer shall be to foster
present and future threats and pressures at the external
cooperation and coordination amongst host and partici
borders of the Member States, especially for those
pating Member States.
Member States facing specific and disproportionate
pressures. To that end, the Agency may assess the
equipment and the resources of the Member States
regarding border control. The assessment shall be based
6. The
Agency
shall
meet
the
costs
incurred
by
the
on information given by the Member States concerned,
Member States in making their border guards available
and on the reports and results of joint operations, pilot
pursuant to paragraph 1 of this Article for the European
projects, rapid interventions and other activities of the
Border Guard Teams in accordance with Article 8h.
Agency. Those assessments are without prejudice to the
Schengen evaluation mechanism.
7. The
Agency
shall
inform
the
European
Parliament
on
an annual basis of the number of border guards that each
The results of those assessments shall be presented to the
Member State has committed to the European Border
Management Board.
Guard Teams in accordance with this Article.
Article 3c
For the purposes of this Article, Member States shall
provide the Agency with all necessary information
Instructions to the European Border Guard Teams
regarding the situation and possible threats at the
external borders.
1. During
deployment
of
European
Border
Guard
Teams, the host Member State shall issue instructions to
the teams in accordance with the operational plan referred
to in Article 3a(1).
The Agency shall incorporate the results of a common
integrated risk analysis model in its development of the
common core curricula for the training of border guards
2. The
Agency,
via
its
coordinating
officer
as
referred
to
referred to in Article 5.’;
in Article 3b(5), may communicate its views on the
instructions referred to in paragraph 1 to the host
Member State. If it does so, the host Member State shall
(8) Article 5 is amended as follows:
take those views into consideration.
3. In
accordance
with
Article
8g,
the
host
Member
State
(a) the first paragraph is replaced by the following:
shall give the coordinating officer all necessary assistance,
including full access to the European Border Guard Teams
at all times throughout the deployment.
‘The Agency shall provide border guards who are
members of the European Border Guard Teams with
advanced training relevant to their tasks and powers
4. Members
of
the
European
Border
Guard
Teams
shall,
and shall conduct regular exercises with those border
while performing their tasks and exercising their powers,
guards in accordance with the advanced training and
remain subject to the disciplinary measures of their home
exercise schedule referred to in the annual work
Member State.’;
programme of the Agency.

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L 304/10
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Official Journal of the European Union
22.11.2011
The Agency shall also take the necessary initiatives to
acquisition or leasing of equipment entailing significant
ensure that all border guards and other personnel of
costs to the Agency shall be preceded by a thorough
the Member States who participate in the European
needs and cost/benefit analysis. Any such expenditure
Border Guard Teams, as well as the staff of the
shall be provided for in the Agency's budget as adopted
Agency, have received, prior to their participation in
by the Management Board in accordance with
operational activities organised by the Agency, training
Article 29(9). Where the Agency acquires or leases major
in relevant Union and international law, including
technical equipment, such as open sea and coastal patrol
fundamental rights and access to international
vessels or vehicles, the following conditions shall apply:
protection and guidelines for the purpose of iden
tifying persons seeking protection and directing them
towards the appropriate facilities.
(a) in case of acquisition and co-ownership, the Agency
shall agree formally with one Member State that the
The Agency shall establish and further develop
latter will provide for the registration of the equipment
common core curricula for the training of border
in accordance with the applicable legislation of that
guards and provide training at European level for
Member State;
instructors of the national border guards of Member
States, including with regard to fundamental rights,
access to international protection and relevant
(b) in case of leasing, the equipment shall be registered in
maritime law.
a Member State.
The Agency shall draw up the common core curricula
after consulting the Consultative Forum referred to in
On the basis of a model agreement drawn up by the
Article 26a.
Agency, the Member State of registration and the
Agency shall agree on modalities ensuring the periods of
full availability of the co-owned assets for the Agency, as
Member States shall integrate the common core
well as on the terms of use of the equipment.
curricula in the training of their national border
guards.’;
The Member State of registration or the supplier of
technical equipment shall provide the necessary experts
(b) the following paragraph is inserted after the last
and technical crew to operate the technical equipment in
paragraph:
a legally sound and safe manner.
‘The Agency shall establish an exchange programme
enabling border guards participating in the European
2. The
Agency
shall
set
up
and
keep
centralised
records
Border Guard Teams to acquire knowledge or specific
of equipment in a technical equipment pool composed of
know-how from experiences and good practices
equipment owned either by the Member States or by the
abroad by working with border guards in a Member
Agency and equipment co-owned by the Member States
State other than their own.’;
and the Agency for external border control purposes. The
technical equipment pool shall contain a minimum
number per type of technical equipment as referred to
(9) Articles 6 and 7 are replaced by the following:
in paragraph 5 of this Article. The equipment listed in
the technical equipment pool shall be deployed during
the activities referred to in Articles 3, 8a and 9.
‘Article 6
Monitoring and contributing to research
3. Member
States
shall
contribute
to
the
technical
The Agency shall proactively monitor and contribute to
equipment pool referred to in paragraph 2. The
the developments in research relevant for the control and
contribution by Member States to the pool and
surveillance of the external borders and disseminate that
deployment of the technical equipment for specific
information to the Commission and the Member States.
operations shall be planned on the basis of annual
bilateral negotiations and agreements between the
Agency and Member States. In accordance with those
Article 7
agreements and to the extent that it forms part of the
Technical equipment
minimum number of technical equipment for a given
year, Member States shall make their technical
1. The
Agency
may
acquire,
itself
or
in
co-ownership
equipment available for deployment at the request of the
with a Member State, or lease technical equipment for
Agency, unless they are faced with an exceptional situation
external border control to be deployed during joint
substantially affecting the discharge of national tasks. Such
operations, pilot projects, rapid interventions, joint return
request shall be made at least 45 days before the intended
operations or technical assistance projects in accordance
deployment. The contributions to the technical equipment
with the financial rules applicable to the Agency. Any
pool shall be reviewed annually.

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European
Union L
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4.
The Agency shall manage the records of the technical
without delay. The Management Board shall take a
equipment pool as follows:
decision on the prioritisation of the deployment of the
technical equipment urgently and take the appropriate
(a) classification by type of equipment and by type of
steps to remedy the identified shortcomings. It shall
operation;
inform the Commission of the identified shortcomings
and the steps taken. The Commission shall subsequently
(b) classification by owner (Member State, Agency, other);
inform the European Parliament and the Council thereof,
communicating as well its own assessment.
(c) overall numbers of required equipment;
(d) crew requirements if applicable;
7. The
Agency
shall
inform
the
European
Parliament
on
an annual basis of the number of technical equipment that
(e) other information, such as registration details, trans
each Member State has committed to the technical
portation and maintenance requirements, national
equipment pool in accordance with this Article.’;
applicable export regimes, technical instructions, or
other relevant information to handle the equipment
correctly.
(10) Article 8 is amended as follows:
(a) paragraph 1 is replaced by the following:
5. The
Agency
shall
finance
the
deployment
of
the
technical equipment which forms part of the minimum
number of technical equipment provided by a given
‘1. Without
prejudice
to
Article
78(3)
of
the
Treaty
Member State for a given year. The deployment of
on the Functioning of the European Union (“TFEU”),
technical equipment which does not form part of the
one or more Member States facing specific and dispro
minimum number of technical equipment shall be co-
portionate pressures and confronted with circum
financed by the Agency up to a maximum of 100 % of
stances requiring increased technical and operational
the eligible expenses, taking into account the particular
assistance when implementing their obligations with
circumstances of the Member States deploying such
regard to control and surveillance of external borders
technical equipment.
may request the Agency for assistance. The Agency
shall in accordance with Article 3 organise the appro
priate technical and operational assistance for the
On a proposal of the Executive Director, the Management
requesting Member State(s).’;
Board shall decide, in accordance with Article 24, on a
yearly basis, on the rules relating to technical equipment,
including the required overall minimum numbers per type
(b) in paragraph 2, the following point is added:
of technical equipment, the conditions for deployment and
reimbursement of costs. For budgetary purposes that
decision should be taken by the Management Board by
‘(c) deploy border guards from the European Border
31 March each year.
Guard Teams.’;
(c) paragraph 3 is replaced by the following:
The Agency shall propose the minimum number of
technical equipment in accordance with its needs,
notably in order to be able to carry out joint operations,
‘3. The
Agency
may
acquire
technical
equipment
for
pilot projects, rapid interventions and joint return
checks and surveillance of external borders to be used
operations, in accordance with the its work programme
by its experts and within the framework of rapid inter
for the year in question.
ventions for their duration.’;
(11) Article 8a is replaced by the following:
If the minimum number of technical equipment proves to
be insufficient to carry out the operational plan agreed for
joint operations, pilot projects, rapid interventions or joint
return operations, the Agency shall revise it on the basis of
‘Article 8a
justified needs and of an agreement with the Member
Rapid interventions
States.
At the request of a Member State faced with a situation of
urgent and exceptional pressure, especially the arrival at
points of the external borders of large numbers of third-
6. The
Agency
shall
report
on
the
composition
and
the
country nationals trying to enter the territory of that
deployment of equipment which is part of the technical
Member State illegally, the Agency may deploy for a
equipment pool to the Management Board on a monthly
limited period one or more European Border Guard
basis. Where the minimum number of technical
Teams (“team(s)”) on the territory of the requesting
equipment referred to in paragraph 5 is not reached, the
Member State for the appropriate duration in accordance
Executive Director shall inform the Management Board
with Article 4 of Regulation (EC) No 863/2007.’;

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L 304/12
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Official Journal of the European Union
22.11.2011
(12) in Article 8d, paragraph 5 is replaced by the following:
(14) in Article 8h(1), the introductory part is replaced by the
following:
‘5. If
the
Executive
Director
decides
to
deploy
one
or
more teams, the Agency together with the requesting
Member State shall draw up an operational plan in
‘1. The
Agency
shall
fully
meet
the
following
costs
accordance with Article 8e immediately, and in any
incurred by Member States in making available their
event no later than five working days from the date of
border guards for the purposes mentioned in
the decision.’;
Article 3(1b), Article 8a and Article 8c:’;
(13) in Article 8e, paragraph 1 is amended as follows:
(15) Article 9 is replaced by the following:
(a) points (e), (f) and (g) are replaced by the following:
‘Article 9
‘(e) the composition of the teams, as well as the
Return cooperation
deployment of other relevant staff;
1. Subject to the return policy of the Union, and in
particular Directive 2008/115/EC of the European
Parliament and of the Council of 16 December 2008 on
(f) command and control provisions, including the
common standards and procedures in Member States for
names and ranks of the border guards of the
returning illegally staying third-country nationals (*), and
host Member State responsible for cooperating
without entering into the merits of return decisions, the
with the teams, in particular of those border
Agency shall provide the necessary assistance, and at the
guards who are in command of the teams during
request of the participating Member States ensure the
the period of deployment, and the place of the
coordination or the organisation of joint return operations
teams in the chain of command;
of Member States, including through the chartering of
aircraft for the purpose of such operations. The Agency
shall finance or co-finance the operations and projects
(g) the technical equipment to be deployed together
referred to in this paragraph with grants from its budget
with the teams, including specific requirements
in accordance with the financial rules applicable to the
such as conditions for use, requested crew,
Agency. The Agency may also use financial means of
transport and other logistics, and financial
the Union available in the field of return. The Agency
provisions;’;
shall ensure that in its grant agreements with Member
States any financial support is conditional upon the full
respect for the Charter of Fundamental Rights.
(b) the following points are added:
1a. The
Agency
shall
develop
a
Code
of
Conduct
for
‘(h) detailed provisions on immediate incident
the return of illegally present third-country nationals
reporting by the Agency to the Management
which shall apply during all joint return operations coor
Board and to relevant national public authorities;
dinated by the Agency, describing common standardised
procedures which should simplify the organisation of joint
return operations and assure return in a humane manner
(i) a reporting and evaluation scheme containing
and with full respect for fundamental rights, in particular
benchmarks for the evaluation report and final
the principles of human dignity, prohibition of torture and
date of submission of the final evaluation report
of inhuman or degrading treatment or punishment, the
in accordance with Article 3(3);
right to liberty and security and the rights to the
protection of personal data and non-discrimination.
(j) regarding sea operations, specific information on
the application of the relevant jurisdiction and
1b. The
Code
of
Conduct
shall
in
particular
pay
legislation in the geographical area where the
attention to the obligation set out in Article 8(6) of
rapid intervention takes place, including references
Directive 2008/115/EC to provide for an effective
to international and Union law regarding inter
forced-return monitoring system and to the Fundamental
ception, rescue at sea and disembarkation;
Rights Strategy referred to in Article 26a(1) of this Regu
lation. The monitoring of joint return operations should
be carried out on the basis of objective and transparent
(k) modalities of cooperation with third countries,
criteria and cover the whole joint return operation from
other Union agencies and bodies or international
the pre-departure phase until the hand-over of the
organisations.’;
returnees in the country of return.

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1c. Member
States
shall
regularly
inform
the
Agency
of
after consultation of the European Data Protection
their needs for assistance or coordination by the Agency.
Supervisor. Without prejudice to Articles 11b and 11c,
The Agency shall draw up a rolling operational plan to
the Agency may process personal data for administrative
provide the requesting Member States with the necessary
purposes.
operational support, including technical equipment
referred to in Article 7(1). The Management Board shall
decide in accordance with Article 24 on a proposal of the
Article 11b
Executive Director, on the content and modus operandi of
the rolling operational plan.
Processing of personal data in the context of joint
return operations
2. The
Agency
shall
cooperate
with
the
competent
1. In performing its tasks of organising and coor
authorities of the third countries referred to in
dinating the joint return operations of Member States
Article 14 to identify best practices on the acquisition of
referred to in Article 9, the Agency may process
travel documents and the return of illegally present third-
personal data of persons who are subject to such joint
country nationals.
return operations.
___________
(*) OJ L 348, 24.12.2008, p. 98.’;
2. The
processing
of
such
personal
data
shall
respect
the principles of necessity and proportionality. In
particular, it shall be strictly limited to those personal
data which are required for the purposes of the joint
(16) in Article 10, paragraph 2 is replaced by the following:
return operation.
‘2. While
performing
their
tasks
and
exercising
their
powers, guest officers shall comply with Union and inter
3. The personal data shall be deleted as soon as the
national law, and shall observe fundamental rights and the
purpose for which they have been collected has been
national law of the host Member State.’;
achieved and no later than 10 days after the end of the
joint return operation.
(17) Article 11 is replaced by the following:
4. Where
the
personal
data
are
not
transferred
to
the
‘Article 11
carrier by a Member State, the Agency may transfer such
data.
Information exchange systems
The Agency may take all necessary measures to facilitate
the exchange of information relevant to its tasks with the
5. This
Article
shall
be
applied
in
accordance
with
the
Commission and the Member States and, where appro
measures referred to in Article 11a.
priate, the Union agencies referred to in Article 13. It
shall develop and operate an information system capable
of exchanging classified information with those actors,
including personal data referred to in Articles 11a, 11b
Article 11c
and 11c.
Processing of personal data collected during joint
operations, pilot projects and rapid interventions
The Agency may take all necessary measures to facilitate
1. Without
prejudice
to
the
competence
of
Member
the exchange of information relevant for its tasks with the
States to collect personal data in the context of joint
United Kingdom and Ireland if it relates to the activities in
operations, pilot projects and rapid interventions, and
which they participate in accordance with Article 12 and
subject to the limitations set out in paragraphs 2 and 3,
Article 20(5).’;
the Agency may further process personal data collected by
the Member States during such operational activities and
transmitted to the Agency in order to contribute to the
(18) the following Articles are inserted:
security of the external borders of the Member States.
‘Article 11a
2. Such
further
processing
of
personal
data
by
the
Data protection
Agency shall be limited to personal data regarding
Regulation (EC) No 45/2001 shall apply to the processing
persons who are suspected, on reasonable grounds, by
of personal data by the Agency.
the competent authorities of the Member States of
involvement in cross-border criminal activities, in facili
tating illegal migration activities or in human trafficking
The Management Board shall establish measures for the
activities as defined in points (a) and (b) of Article 1(1) of
application of Regulation (EC) No
45/2001 by the
Council Directive 2002/90/EC of 28 November 2002
Agency, including those concerning the Data Protection
defining the facilitation of unauthorised entry, transit and
Officer of the Agency. Those measures shall be established
residence (*).

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L 304/14
EN
Official Journal of the European Union
22.11.2011
3. Personal
data
referred
to
in
paragraph
2
shall
be (19) Articles 13 and 14 are replaced by the following:
further processed by the Agency only for the following
purposes:
‘Article 13
(a) the transmission, on a case-by-case basis, to Europol or
Cooperation with Union agencies and bodies and
other Union law enforcement agencies, subject to
international organisations
Article 13;
The Agency may cooperate with Europol, the European
Asylum Support Office, the European Union Agency for
(b) the use for the preparation of risk analyses referred to
Fundamental Rights (“the Fundamental Rights Agency”),
in Article 4. In the result of the risk-analyses, data shall
other Union agencies and bodies, and the international
be depersonalised.
organisations competent in matters covered by this Regu
lation within the framework of working arrangements
concluded with those bodies, in accordance with the
4. The
personal
data
shall
be
deleted
as
soon
as
they
relevant provisions of the TFEU and the provisions on
have been transmitted to Europol or other Union agencies
the competence of those bodies. In every case the
or used for the preparation of risk analyses referred to in
Agency shall inform the European Parliament of any
Article 4. The term of storage shall in any event not
such arrangements.
exceed three months after the date of the collection of
those data.
Onward transmission or other communication of personal
5. The
processing
of
such
personal
data
shall
respect
data processed by the Agency to other Union agencies or
the principles of necessity and proportionality. The
bodies shall be subject to specific working arrangements
personal data shall not be used by the Agency for the
regarding the exchange of personal data and subject to the
purpose of investigations, which remain under the respon
prior approval of the European Data Protection Supervisor.
sibility of the competent authorities of the Member States.
In particular, it shall be strictly limited to those personal
The Agency may also, with the agreement of the Member
data which are required for the purposes referred to in
State(s) concerned, invite observers of Union agencies and
paragraph 3.
bodies or international organisations to participate in its
activities referred to in Articles 3, 4 and 5, to the extent
that their presence is in accordance with the objectives of
6. Without prejudice to Regulation (EC)
those activities, may contribute to the improvement of
No 1049/2001, onward transmission or other communi
cooperation and the exchange of best practices, and does
cation of such personal data processed by the Agency to
not affect the overall safety of those activities. The partici
third countries or other third parties shall be prohibited.
pation of those observers may take place only with the
agreement of the Member State(s) concerned regarding the
activities referred to in Articles 4 and 5 and only with the
7. This
Article
shall
be
applied
in
accordance
with
the
agreement of the host Member State regarding those
measures referred to in Article 11a.
referred to in Article 3. Detailed rules on the participation
of observers shall be included in the operational plan
referred to in Article 3a(1). Those observers shall receive
Article 11d
the appropriate training from the Agency prior to their
Security rules on the protection of classified
participation.
information and non-classified sensitive information
1. The
Agency
shall
apply
the
Commission's
rules
on
security as set out in the Annex to Commission Decision
Article 14
2001/844/EC, ECSC, Euratom of 29 November 2001
Facilitation of operational cooperation with third
amending its internal Rules of Procedure (**). Those rules
countries and cooperation with competent
shall apply, inter alia, to the exchange, processing and
authorities of third countries
storage of classified information.
1. In
matters
covered
by
its
activities
and
to
the
extent
required for the fulfilment of its tasks, the Agency shall
2. The
Agency
shall
apply
the
security
principles
facilitate operational cooperation between Member States
relating to the processing of non-classified sensitive
and third countries, within the framework of the external
information as set out in the Decision referred to in
relations policy of the Union, including with regard to
paragraph 1 of this Article and as implemented by the
human rights.
Commission. The Management Board shall establish
measures for the application of those security principles.
The Agency and the Member States shall comply with
___________
norms and standards at least equivalent to those set by
(*) OJ L 328, 5.12.2002, p. 17.
Union legislation also when cooperation with third
(**) OJ L 317, 3.12.2001, p. 1.’;
countries takes place on the territory of those countries.

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EN
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Journal
of
the
European
Union L
304/15
The establishment of cooperation with third countries shall
those activities. The participation of those observers may
serve to promote European border management standards,
take place only with the agreement of the Member State(s)
also covering respect for fundamental rights and human
concerned regarding the activities referred to in Articles 4
dignity.
and 5 and only with the agreement of the host Member
State regarding those referred to in Article 3. Detailed rules
on the participation of observers shall be included in the
operational plan referred to in Article 3a(1). Those
2. The
Agency
may
cooperate
with
the
authorities
of
observers shall receive the appropriate training from the
third countries competent in matters covered by this Regu
Agency prior to their participation.
lation within the framework of working arrangements
concluded with those authorities, in accordance with the
relevant provisions of the TFEU. Those working
arrangements shall be purely related to the management
7. When
concluding
bilateral
agreements
with
third
of operational cooperation.
countries as referred to in Article 2(2), Member States
may include provisions concerning the role and
competence of the Agency, in particular regarding the
exercise of executive powers by members of the teams
3. The
Agency
may
deploy
its
liaison
officers,
who
deployed by the Agency during the joint operations or
should enjoy the highest possible protection to carry out
pilot projects referred to in Article 3.
their duties, in third countries. They shall form part of the
local or regional cooperation networks of immigration
liaison officers of the Member States set up pursuant to
8. The activities referred to in paragraphs 2 and 3 of
Council Regulation (EC) No 377/2004 of 19 February
this Article shall be subject to receiving a prior opinion of
2004 on the creation of an immigration liaison officers
the Commission, and the European Parliament shall be
network (*). Liaison officers shall only be deployed to third
fully informed of those activities as soon as possible.
countries in which border management practices comply
with minimum human rights standards. Their deployment
shall be approved by the Management Board. Within the
___________
framework of the external relations policy of the Union,
(*) OJ L 64, 2.3.2004, p. 1.’;
priority for deployment should be given to those third
countries, which on the basis of risk analysis constitute a
country of origin or transit regarding illegal migration. On
a reciprocal basis the Agency may receive liaison officers
posted by those third countries also, for a limited period
(20) in Article 15, the first paragraph is replaced by the
of time. The Management Board shall adopt, on a proposal
following:
of the Executive Director and in accordance with
Article 24, the list of priorities on a yearly basis.
‘The Agency shall be a body of the Union. It shall have
legal personality.’;
4. The
tasks
of
the
Agency's
liaison
officers
shall
include, in compliance with Union law and in accordance
with fundamental rights, establishing and maintaining
(21) the following Article is inserted:
contacts with the competent authorities of the third
country to which they are assigned with a view to
contributing to the prevention of and fight against illegal
immigration and the return of illegal migrants.
‘Article 15a
Headquarters Agreement
The necessary arrangements concerning the accom
5. The
Agency
may
benefit
from
Union
funding
in
modation to be provided for the Agency in the Member
accordance with the provisions of the relevant instruments
State in which the Agency has its seat and the facilities to
supporting the external relations policy of the Union. It
be made available by that Member State, as well as the
may launch and finance technical assistance projects in
specific rules applicable to the Executive Director, the
third countries regarding matters covered by this Regu
Deputy Executive Director, the members of the
lation.
Management Board, the staff of the Agency and
members of their families, in that Member State shall be
laid down in a Headquarters Agreement between the
Agency and the Member State in which the Agency has
6. The
Agency
may
also,
with
the
agreement
of
the
its seat. The Headquarters Agreement shall be concluded
Member State(s) concerned invite observers from third
after obtaining the approval of the Management Board.
countries to participate in its activities referred to in
The Member State in which the Agency has its seat
Articles 3, 4 and 5, to the extent that their presence is
should provide the best possible conditions to ensure
in accordance with the objectives of those activities, may
proper functioning of the Agency, including multilingual,
contribute to improving cooperation and the exchange of
European-oriented schooling and appropriate transport
best practices, and does not affect the overall safety of
connections.’;

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L 304/16
EN
Official Journal of the European Union
22.11.2011
(22) Article 17 is amended as follows:
(ii) the following point is added:
(a) paragraph 3 is replaced by the following:
‘(i) adopt the Agency's multiannual plan aiming at
outlining the future long term strategy
‘3. For
the
purpose
of
implementing
Article
3b(5)
regarding the activities of the Agency.’;
only a staff member of the Agency subject to the Staff
Regulations of Officials of the European Union or to
Title II of the Conditions of employment of other
(b) paragraph 4 is replaced by the following:
servants of the European Union may be designated
as coordinating officer in accordance with Article 8g.
For the purpose of implementing Article 3b(3), only
‘4. The Management Board may advise the
national experts seconded by a Member State to the
Executive Director on any matter strictly related to
Agency may be designated for attachment to the
the development of operational management of the
European Border Guard Teams. The Agency shall
external borders, including activities related to
designate those national experts who shall be
research provided for in Article 6.’;
attached to the European Border Guard Teams in
accordance with that Article.’;
(24) Article 21 is amended as follows:
(b) the following paragraphs are added:
(a) in paragraph 1, the last sentence is replaced by the
‘4. The Management Board shall adopt the
following:
necessary implementing measures in agreement with
the Commission pursuant to Article 110 of the Staff
Regulations of Officials of the European Union.
‘The terms of office shall be extendable.’;
5. The
Management
Board
may
adopt
provisions
to
(b) paragraph 3 is replaced by the following:
allow national experts from Member States to be
seconded to the Agency. Those provisions shall take
into account the requirements of Article 3b(3), in
‘3. Countries
associated
with
the
implementation,
particular the fact that they are considered as guest
application and development of the Schengen acquis
officers and have the tasks and powers provided for
shall participate in the Agency. They shall have one
in Article 10. They shall include provisions on the
representative and one alternate each in the
conditions of deployment.’;
Management Board. Under the relevant provisions of
their association agreements, arrangements have been
developed that specify the nature and extent of, and
(23) Article 20 is amended as follows:
the detailed rules for, the participation by those
countries in the work of the Agency, including
(a) paragraph 2 is amended as follows:
provisions on financial contributions and staff.’;
(i) point (h) is replaced by the following:
(25) Article 25 is amended as follows:
‘(h) establish the organisational structure of the
(a) paragraph 2 is replaced by the following:
Agency and adopt the Agency's staff policy,
in particular the multiannual staff policy plan.
In accordance with the relevant provisions of
‘2. The
European
Parliament
or
the
Council
may
the Commission Regulation (EC, Euratom)
invite the Executive Director to report on the
No 2343/2002 of 19 November 2002 on the
carrying out of his/her tasks, in particular on the
framework Financial Regulation for the bodies
implementation and monitoring of the Fundamental
referred to in Article 185 of Council Regu
Rights Strategy, the general report of the Agency for
lation (EC, Euratom) No 1605/2002 on the
the previous year, the work programme for the
Financial Regulation applicable to the general
following year and the Agency's multiannual plan
budget of the European Communities (*) the
referred to in point (i) of Article 20(2).’;
multiannual staff policy plan shall be
submitted to the Commission and the
budgetary authority after receiving a favourable
opinion of the Commission;
(b) in paragraph 3, the following point is added:
___________
‘(g) to ensure the implementation of the operational
(*) OJ L 357, 31.12.2002, p. 72.’;
plans referred to in Articles 3a and 8e.’;

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EN
22.11.2011 Official
Journal
of
the
European
Union L
304/17
(26) the following Article is inserted:
report directly to the Management Board and the
Consultative Forum. He/she shall report on a regular
basis and as such contribute to the mechanism for moni
‘Article 26a
toring fundamental rights.
Fundamental Rights Strategy
1. The
Agency
shall
draw
up
and
further
develop
and
4. The
Fundamental
Rights
Officer
and
the
Consultative
implement its Fundamental Rights Strategy. The Agency
Forum shall have access to all information concerning
shall put in place an effective mechanism to monitor the
respect for fundamental rights, in relation to all the
respect for fundamental rights in all the activities of the
activities of the Agency.’;
Agency.
(27) in Article 33, the following paragraphs are inserted:
2. A
Consultative
Forum
shall
be
established
by
the
Agency to assist the Executive Director and the
Management Board in fundamental rights matters. The
‘2a. The
first
evaluation
following
the
entry
into
force
Agency shall invite the European Asylum Support Office,
of Regulation (EU) No 1168/2011 of the European
the Fundamental Rights Agency, the United Nations High
Parliament and of the Council of 25 October 2011
Commissioner for Refugees and other relevant organi
amending Council Regulation (EC) No 2007/2004 estab
sations to participate in the Consultative Forum. On a
lishing a European Agency for the Management of Oper
proposal by the Executive Director, the Management
ational Cooperation at the External Borders of the Member
Board shall decide on the composition and the working
States of the European Union (*) shall also analyse the
methods of the Consultative Forum and the modalities of
needs for further increased coordination of the
the transmission of information to the Consultative
management of the external borders of the Member
Forum.
States, including the feasibility of the creation of a
European system of border guards.
The Consultative Forum shall be consulted on the further
development and implementation of the Fundamental
2b. The
evaluation
shall
include
a
specific
analysis
on
Rights Strategy, Code of Conduct and common core
the way the Charter of Fundamental Rights was complied
curricula.
with in the application of this Regulation.
___________
The Consultative Forum shall prepare an annual report of
(*) OJ L 304, 22.11.2011, p. 1’.
its activities. That report shall be made publicly available.
3. A
Fundamental
Rights
Officer
shall
be
designated
by
Article 2
the Management Board and shall have the necessary
Entry into force
qualifications and experience in the field of fundamental
rights. He/she shall be independent in the performance of
This Regulation shall enter into force on the 20th day following
his/her duties as a Fundamental Rights Officer and shall
its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaties.
Done at Strasbourg, 25 October 2011.
For the European Parliament
For the Council
The President
The President
J. BUZEK
M. DOWGIELEWICZ

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