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6.11.2013 Official
Journal
of
the
European
Union L
295/11
REGULATION (EU) No 1052/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 22 October 2013
establishing the European Border Surveillance System (Eurosur)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
improve the reaction capability of the Member States,
EUROPEAN UNION,
thereby contributing to reducing the loss of lives of
migrants.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 77(2)(d) thereof,
(3) It
is
recognised
in
this
Regulation
that
migratory
routes
are also taken by persons in need of international
protection.
Having regard to the proposal from the European Commission,
(4) Member
States
should
establish
national
coordination
centres to improve the exchange of information and
After transmission of the draft legislative act to the national
the cooperation for border surveillance between them
parliaments,
and with the Agency. It is essential for the proper func
tioning of EUROSUR that all national authorities with a
responsibility for external border surveillance under
national law cooperate via national coordination centres.
Acting in accordance with the ordinary legislative procedure ( 1 ),
(5) This
Regulation
should
not
hinder
Member
States
from
Whereas:
making their national coordination centres also
responsible for coordinating the exchange of information
and for cooperation with regard to the surveillance of air
borders and for checks at border crossing points.
(1) The
establishment
of
a
European
Border
Surveillance
System (‘EUROSUR’) is necessary in order to strengthen
the exchange of information and the operational
cooperation between national authorities of Member
(6) The
Agency
should
improve
the
exchange
of
information
States as well as with the European Agency for the
and the cooperation with other Union bodies, offices and
Management of Operational Cooperation at the
agencies, such as the European Maritime Safety Agency
External Borders of the Member States of the European
and the European Union Satellite Centre, in order to
Union established by Council Regulation (EC) No
make best use of information, capabilities and systems
2007/2004 ( 2 ) (‘the Agency’). EUROSUR will provide
which are already available at European level, such as the
those authorities and the Agency with the infrastructure
European Earth monitoring programme.
and tools needed to improve their situational awareness
and reaction capability at the external borders of the
Member States of the Union (‘external borders’) for the
purpose of detecting, preventing and combating illegal
(7) This
Regulation
forms
part
of
the
European
model
of
immigration and cross-border crime and contributing
integrated border management of the external borders
to ensuring the protection and saving the lives of
and of the Internal Security Strategy of the European
migrants.
Union. EUROSUR will also contribute to the devel
opment of the Common Information Sharing
Environment (CISE) for the surveillance of the maritime
domain of the Union providing a wider framework for
(2) The
practice
of
travelling
in
small
and
unseaworthy
maritime situational awareness through information
vessels has dramatically increased the number of
exchange amongst public authorities across sectors in
migrants drowning at the southern maritime external
the Union.
borders. EUROSUR should considerably improve the
operational and technical ability of the Agency and the
Member States to detect such small vessels and to
(8) In
order
to
ensure
that
the
information
contained
in
( 1 ) Position of the European Parliament of 10 October 2013 (not yet
EUROSUR is as complete and updated as possible, in
published in the Official Journal) and decision of the Council of
particular with regard to the situation in third countries,
22 October 2013.
the Agency should cooperate with the European External
( 2 ) Council Regulation (EC) No 2007/2004 of 26 October 2004 estab
Action Service. For those purposes, Union delegations
lishing a European Agency for the Management of Operational
Cooperation at the External Borders of the Member States of the
and offices should provide all information which may
European Union (OJ L 349, 25.11.2004, p. 1).
be relevant for EUROSUR.

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L 295/12
EN
Official Journal of the European Union
6.11.2013
(9) The
Agency
should
provide
the
necessary
assistance
for (14) In order to implement a gradual geographical roll-out of
the development and operation of EUROSUR and, as
EUROSUR, the obligation to designate and operate
appropriate, for the development of CISE, including the
national coordination centres should apply in two
interoperability of systems, in particular by establishing,
successive stages: first to the Member States located at
maintaining and coordinating the EUROSUR framework.
the southern and eastern external borders and, at a
second stage, to the remaining Member States.
(10) The
Agency
should
be
provided
with
the
appropriate
financial and human resources in order to adequately
fulfil the additional tasks assigned to it under this Regu
(15) This
Regulation
includes
provisions
on
cooperation
with
lation.
neighbouring third countries, because well-structured and
permanent exchange of information and cooperation
with those countries, in particular in the Mediterranean
region, are key factors for achieving the objectives of
(11) This
Regulation respects the fundamental rights and
EUROSUR. It is essential that any exchange of
observes the principles recognised by Articles 2 and 6
information and any cooperation between Member
of the Treaty on European Union (TEU) and by the
States and neighbouring third countries be carried out
Charter of Fundamental Rights of the European Union,
in full compliance with fundamental rights and in
in particular respect for human dignity, the right to life,
particular with the principle of non-refoulement.
the prohibition of torture and inhuman or degrading
treatment or punishment, the prohibition of trafficking
in human beings, the right to liberty and security, the
right to the protection of personal data, the right of
access to documents, the right to asylum and to
(16) This
Regulation
includes
provisions
on
the
possibility
of
protection against removal and expulsion, non-
close cooperation with Ireland and the United Kingdom
refoulement, non-discrimination and the rights of the
which may assist in better achieving the objectives of
child. This Regulation should be applied by Member
EUROSUR.
States and the Agency in accordance with those rights
and principles.
(17) The
Agency
and
the
Member
States,
when
implementing
(12) In
accordance
with
Regulation
(EC)
No
2007/2004,
the
this Regulation, should make the best possible use of
Fundamental Rights Officer and the Consultative Forum
existing capabilities in terms of human resources as
established by that Regulation should have access to all
well as technical equipment, both at Union and
information concerning respect for fundamental rights in
national level.
relation to all the activities of the Agency within the
framework of EUROSUR.
(18) The
Commission
should
regularly
assess
the
results
of
the
implementation of this Regulation to determine the
(13) Any
exchange
of
personal
data
in
the
European
situ
ational picture and the common pre-frontier intelligence
extent to which the objectives of EUROSUR have been
picture should constitute an exception. It should be
achieved.
conducted on the basis of existing national and Union
law and should respect their specific data protection
requirements. Directive 95/46/EC of the European
Parliament and of the Council ( 1 ), Regulation (EC) No
45/2001 of the European Parliament and of the Coun
(19) In accordance with Articles 1 and 2 of Protocol No 22
cil (
on the position of Denmark, annexed to the Treaty on

2 ) and Council Framework Decision 2008/977/JHA ( 3 )
are applicable in cases in which more specific instru
European Union and to the Treaty on the Functioning of
ments, such as Regulation (EC) No 2007/2004, do not
the European Union, Denmark is not taking part in the
provide a full data protection regime.
adoption of this Regulation and is not bound by it or

subject to its application. Given that this Regulation
builds upon the Schengen acquis, Denmark shall, in
( 1 ) Directive 95/46/EC of the European Parliament and of the Council
accordance with Article 4 of that Protocol, decide
of 24 October 1995 on the protection of individuals with regard to
within a period of six months after the Council has
the processing of personal data and on the free movement of such
decided on this Regulation whether it will implement it
data (OJ L 281, 23.11.1995, p. 31).
( 2 ) Regulation (EC) No 45/2001 of the European Parliament and of the
in its national law.
Council of 18 December 2000 on the protection of individuals with
regard to the processing of personal data by the Community insti
tutions and bodies and on the free movement of such data (OJ L 8,
12.1.2001, p. 1).
( 3 ) Council Framework Decision 2008/977/JHA of 27 November 2008
(20) This Regulation constitutes a development of the
on the protection of personal data processed in the framework of
police and judicial cooperation in criminal matters (OJ L 350,
provisions of the Schengen acquis in which the United
30.12.2008, p. 60).
Kingdom does not take part, in accordance with

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EN
6.11.2013 Official
Journal
of
the
European
Union L
295/13
Council Decision 2000/365/EC ( 1 ); the United Kingdom
within the meaning of the Protocol between the
is therefore not taking part in its adoption and is not
European Union, the European Community, the Swiss
bound by it or subject to its application.
Confederation and the Principality of Liechtenstein on
the accession of the Principality of Liechtenstein to the
Agreement between the European Union, the European
Community and the Swiss Confederation on the Swiss
Confederation's association with the implementation,
(21) This Regulation constitutes a development of the
application and development of the Schengen acquis (
provisions of the Schengen acquis in which Ireland does

7 )
which fall within the area referred to in point A of
not take part, in accordance with Council Decision
Article 1 of Decision 1999/437/EC read in conjunction
2002/192/EC ( 2 ); Ireland is therefore not taking part in
with Article 3 of Council Decision 2011/350/EU (
its adoption and is not bound by it or subject to its

8 ).
application.
(22) As regards Iceland and Norway, this Regulation
(25) The
implementation
of
this
Regulation
does
not
affect
constitutes a development of the provisions of the
the division of competence between the Union and the
Schengen acquis within the meaning of the Agreement
Member States or the obligations of Member States under
concluded by the Council of the European Union and
the United Nations Convention on the Law of the Sea,
the Republic of Iceland and the Kingdom of Norway
the International Convention for the Safety of Life at Sea,
concerning the latters' association with the implemen
the International Convention on Maritime Search and
tation, application and development of the Schengen
Rescue, the United Nations Convention against Trans
acquis (
national Organized Crime and its Protocol against the

3 ) which fall within the area referred to in point
A of Article 1 of Council Decision 1999/437/EC (
Smuggling of Migrants by Land, Sea and Air, the

4 ).
Norway should establish a national coordination centre
Convention Relating to the Status of Refugees, the
in accordance with this Regulation as from 2 December
Convention for the Protection of Human Rights and
2013.
Fundamental Freedoms and other relevant international
instruments.
(23) As
regards
Switzerland,
this
Regulation constitutes
a
development of the provisions of the Schengen acquis
within the meaning of the Agreement between the
(26) The
implementation
of
this
Regulation
does
not
affect
European Union, the European Community and the
Regulation (EC) No 562/2006 of the European
Swiss Confederation on the Swiss Confederation's
Parliament and of the Council ( 9 ) or the rules for the
association with the implementation, application and
surveillance of sea external borders in the context of
development of the Schengen acquis ( 5 ) which fall within
operational cooperation coordinated by the Agency.
the area referred to in point A of Article 1 of Decision
1999/437/EC read in conjunction with Article 3 of
Council Decision 2008/146/EC ( 6 ).
(27) Since the objective of this Regulation, namely to establish
EUROSUR, cannot be sufficiently achieved by Member
(24) As
regards
Liechtenstein,
this
Regulation
constitutes
a
States alone but can rather, by virtue of its scale and
development of the provisions of the Schengen acquis
effect, be better achieved at Union level, the Union
may adopt measures, in accordance with the principle
( 1 ) Council Decision 2000/365/EC of 29 May 2000 concerning the
of subsidiarity as set out in Article 5 TEU. In accordance
request of the United Kingdom of Great Britain and Northern
with the principle of proportionality, as set out in that
Ireland to take part in some of the provisions of the Schengen
Article, this Regulation does not go beyond what is
acquis (OJ L 131, 1.6.2000, p. 43).
necessary in order to achieve that objective,
( 2 ) Council Decision 2002/192/EC of 28 February 2002 concerning
Ireland's request to take part in some of the provisions of the
Schengen acquis (OJ L 64, 7.3.2002, p. 20).
( 7 ) OJ L 160, 18.6.2011, p. 21.
( 3 ) OJ L 176, 10.7.1999, p. 36.
( 8 ) Council Decision 2011/350/EU of 7 March 2011 on the conclusion,
( 4 ) Council Decision 1999/437/EC of 17 May 1999 on certain
on behalf of the European Union, of the Protocol between the
arrangements for the application of the Agreement concluded by
European Union, the European Community, the Swiss Confederation
the Council of the European Union and the Republic of Iceland
and the Principality of Liechtenstein on the accession of the Princi
and the Kingdom of Norway concerning the association of those
pality of Liechtenstein to the Agreement between the European
two States with the implementation, application and development of
Union, the European Community and the Swiss Confederation on
the Schengen acquis (OJ L 176, 10.7.1999, p. 31).
the Swiss Confederation's association with the implementation,
( 5 ) OJ L 53, 27.2.2008, p. 52.
application and development of the Schengen acquis, relating to the
( 6 ) Council Decision 2008/146/EC of 28 January 2008 on the
abolition of checks at internal borders and movement of persons (OJ
conclusion, on behalf of the European Community, of the
L 160, 18.6.2011, p. 19).
Agreement between the European Union, the European
( 9 ) Regulation (EC) No 562/2006 of the European Parliament and of
Community and the Swiss Confederation on the Swiss Confeder
the Council of 15 March 2006 establishing a Community Code on
ation's association with the implementation, application and devel
the rules governing the movement of persons across borders
opment of the Schengen acquis (OJ L 53, 27.2.2008, p. 1).
(Schengen Borders Code) (OJ L 105, 13.4.2006, p. 1).

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L 295/14
EN
Official Journal of the European Union
6.11.2013
HAVE ADOPTED THIS REGULATION:
(a) ‘Agency’ means the European Agency for the Management
of Operational Cooperation at the External Borders of the
Member States of the European Union established by Regu
lation (EC) No 2007/2004;
TITLE I
GENERAL PROVISIONS
Article 1
(b) ‘situational awareness’ means the ability to monitor, detect,
Subject matter
identify, track and understand illegal cross-border activities
in order to find reasoned grounds for reaction measures on
This Regulation establishes a common framework for the
the basis of combining new information with existing
exchange of information and for the cooperation between
knowledge, and to be better able to reduce loss of lives
Member States and the Agency in order to improve situational
of migrants at, along or in the proximity of, the external
awareness and to increase reaction capability at the external
borders;
borders of the Member States of the Union (‘external borders’)
for the purpose of detecting, preventing and combating illegal
immigration and cross-border crime and contributing to
ensuring the protection and saving the lives of migrants (‘EU
(c) ‘reaction capability’ means the ability to perform actions
ROSUR’).
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;
Article 2
Scope
1. This
Regulation
shall
apply
to
the
surveillance
of
external (d) ‘situational picture’ means a graphical interface to present
land and sea borders, including the monitoring, detection,
near-real-time data and information received from different
identification, tracking, prevention and interception of unauth
authorities, sensors, platforms and other sources, which is
orised border crossings for the purpose of detecting, preventing
shared across communication and information channels
and combating illegal immigration and cross-border crime and
with other authorities in order to achieve situational
contributing to ensuring the protection and saving the lives of
awareness and support the reaction capability along the
migrants.
external borders and the pre-frontier area;
2. This
Regulation
may
also
apply
to
the
surveillance
of
air (e) ‘cross-border crime’ means any serious crime with a cross-
borders as well as to checks at border crossing points if Member
border dimension committed at, along or in the proximity
States voluntarily provide such information to EUROSUR.
of, the external borders;
3. This
Regulation
shall
not
apply
to
any
legal
or
adminis
(f) ‘external border section’ means the whole or a part of the
trative measure taken once the responsible authorities of a
external land or sea border of a Member State, as defined by
Member State have intercepted cross-border criminal activities
national law or as determined by the national coordination
or unauthorised crossings by persons of the external borders.
centre or any other responsible national authority;
4. Member
States
and
the
Agency
shall
comply
with
funda
(g) ‘pre-frontier area’ means the geographical area beyond the
mental rights, in particular the principles of non-refoulement
external borders;
and respect for human dignity and data protection require
ments, when applying this Regulation. They shall give priority
to the special needs of children, unaccompanied minors, victims
of human trafficking, persons in need of urgent medical
assistance, persons in need of international protection, persons
(h) ‘crisis situation’ means any natural or man-made disaster,
in distress at sea and other persons in a particularly vulnerable
accident, humanitarian or political crisis or any other
situation.
serious situation occurring at, along or in the proximity
of, the external borders, which may have a significant
impact on the control of the external borders;
Article 3
Definitions
(i) ‘incident’ means a situation relating to illegal immigration,
For the purposes of this Regulation, the following definitions
cross-border crime or a risk to the lives of migrants at,
apply:
along or in the proximity of, the external borders.

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TITLE II
Each Member State shall notify the establishment of its national
coordination centre to the Commission, which shall forthwith
FRAMEWORK
inform the other Member States and the Agency thereof.
CHAPTER I
Components
2. Without
prejudice
to
Article
17
and
within
the
framework
Article 4
of EUROSUR, the national coordination centre shall be the
single point of contact for the exchange of information and
EUROSUR framework
for the cooperation with other national coordination centres
1. For the exchange of information and for the cooperation
and with the Agency.
in the field of border surveillance, and taking into account
existing information exchange and cooperation mechanisms,
Member States and the Agency shall use the EUROSUR
3. The
national
coordination
centre
shall:
framework, consisting of the following components:
(a) ensure the timely exchange of information and timely
cooperation between all national authorities with a respon
(a) national coordination centres;
sibility for external border surveillance, as well as with other
national coordination centres and the Agency;
(b) national situational pictures;
(b) ensure the timely exchange of information with search and
rescue, law enforcement, asylum and immigration auth
orities at national level;
(c) a communication network;
(c) contribute to an effective and efficient management of
(d) a European situational picture;
resources and personnel;
(e) a common pre-frontier intelligence picture;
(d) establish and maintain the national situational picture in
accordance with Article 9;
(f) a common application of surveillance tools.
(e) support the planning and implementation of national
border surveillance activities;
2. The
national
coordination
centres
shall
provide
the
Agency, via the communication network, with information
(f) coordinate the national border surveillance system, in
from their national situational pictures which is required for
accordance with national law;
the establishment and maintenance of the European situational
picture and of the common pre-frontier intelligence picture.
(g) contribute to regularly measuring the effects of national
border surveillance activities for the purposes of this Regu
lation;
3. The Agency shall give the national coordination centres,
via the communication network, unlimited access to the
European situational picture and to the common pre-frontier
intelligence picture.
(h) coordinate operational measures with other Member States,
without prejudice to the competences of the Agency and of
Member States.
4. The
components
listed
in
paragraph
1
shall
be
established
and maintained in line with the principles outlined in the
4. The
national
coordination
centre
shall
operate
twenty-four
Annex.
hours a day and seven days a week.
Article 5
Article 6
National coordination centre
The Agency
1. Each
Member
State
shall
designate,
operate
and
maintain
a 1. The
Agency
shall:
national coordination centre which shall coordinate, and
exchange information among, all authorities with a responsi
bility for external border surveillance at national level, as well
(a) establish and maintain the communication network for
as with the other national coordination centres and the Agency.
EUROSUR in accordance with Article 7;

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L 295/16
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Official Journal of the European Union
6.11.2013
(b) establish and maintain the European situational picture in
standards which are equivalent to those set out in the Rules
accordance with Article 10;
of Procedure of the Commission ( 1 ).
(c) establish and maintain the common pre-frontier intelligence
5. Member
States'
authorities,
agencies
and
other
bodies
picture in accordance with Article 11;
using the communication network shall ensure that equivalent
security rules and standards as those applied by the Agency are
complied with for the handling of classified information.
(d) coordinate the common application of surveillance tools in
accordance with Article 12.
CHAPTER II
Situational awareness
2. For the purposes of paragraph 1, the Agency shall operate
Article 8
twenty four hours a day and seven days a week.
Situational pictures
1. The
national
situational
pictures,
the
European
situational
Article 7
picture and the common pre-frontier intelligence picture shall
be produced through the collection, evaluation, collation,
Communication network
analysis, interpretation, generation, visualisation and dissemi
1. The
Agency
shall
establish
and
maintain
a
communication nation of information.
network in order to provide communication and analytical tools
and allow for the exchange of non-classified sensitive and clas
sified information in a secure manner and in near-real-time
2. The
pictures
referred
to
in
paragraph
1
shall
consist
of
the
with, and among, the national coordination centres. The
following layers:
network shall be operational twenty four hours a day and
seven days a week and shall allow for:
(a) an events layer;
(a) bilateral and multilateral information exchange in near-real-
time;
(b) an operational layer;
(c) an analysis layer.
(b) audio and video conferencing;
Article 9
(c) secure handling, storing, transmission and processing of
non-classified sensitive information;
National situational picture
1. The national coordination centre shall establish and
maintain a national situational picture, in order to provide all
(d) secure handling, storing, transmission and processing of EU
authorities with responsibilities for the control and, in
classified information up to the level of RESTREINT UE/EU
particular, surveillance of external borders at national level,
RESTRICTED or equivalent national classification levels,
with effective, accurate and timely information.
ensuring that classified information is handled, stored, trans
mitted and processed in a separate and duly accredited part
of the communication network.
2. The
national
situational
picture
shall
be
composed
of
information collected from the following sources:
2. The
Agency
shall
provide
technical
support
and
ensure (a) the national border surveillance system in accordance with
that the communication network is interoperable with any
national law;
other relevant communication and information system
managed by the Agency.
(b) stationary and mobile sensors operated by national auth
orities with a responsibility for external border surveillance;
3. The
Agency
shall
exchange,
process
and
store
non-clas
sified sensitive and classified information in the communication
network in accordance with Article 11d of Regulation (EC) No
(c) patrols on border surveillance and other monitoring
2007/2004.
missions;
4. The
national
coordination
centres
shall
exchange,
process (d) local, regional and other coordination centres;
and store non-classified sensitive and classified information in
the communication network in compliance with rules and
( 1 ) OJ L 308, 8.12.2000, p. 26.

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(e) other relevant national authorities and systems, including
the national authority responsible for such assets, to restrict
liaison officers, operational centres and contact points;
access to such information on a need-to-know basis;
(f) the Agency;
(b) a sub-layer on environmental information, which contains
or gives access to information on terrain and weather
conditions at the external borders of the Member State
(g) national coordination centres in other Member States;
concerned.
(h) authorities of third countries, on the basis of bilateral or
multilateral agreements and regional networks as referred to
6. The
information
on
own
assets
in
the
operational
layer
in Article 20;
shall be classified as RESTREINT UE/EU RESTRICTED.
(i) ship reporting systems in accordance with their respective
7. The
analysis
layer
of
the
national
situational
picture
shall
legal bases;
consist of the following sub-layers:
(j) other relevant European and international organisations;
(a) an information sub-layer, which contains key developments
and indicators which are relevant for the purposes of this
Regulation;
(k) other sources.
3. The
events
layer
of
the
national
situational
picture
shall (b) an analytical sub-layer, which includes analytical reports,
consist of the following sub-layers:
risk rating trends, regional monitors and briefing notes
which are relevant for the purposes of this Regulation;
(a) a sub-layer on unauthorised border crossings, including
information available to the national coordination centre
(c) an intelligence sub-layer, which contains analysed
on incidents relating to a risk to the lives of migrants;
information which is relevant for the purposes of this Regu
lation and, in particular, for the attribution of the impact
levels to the external border sections;
(b) a sub-layer on cross-border crime;
(d) an imagery and geo-data sub-layer, which includes reference
(c) a sub-layer on crisis situations;
imagery, background maps, validation of analysed
information and change analysis (Earth observation
imagery), as well as change detection, geo-referenced data
(d) a sub-layer on other events, which contains information on
and external border permeability maps.
unidentified and suspect vehicles, vessels and other craft and
persons present at, along or in the proximity of, the external
borders of the Member State concerned, as well as any other
event which may have a significant impact on the control of
8. The information contained in the analysis layer and on
the external borders.
environmental information in the operational layer of the
national situational picture may be based on the information
provided in the European situational picture and in the
4. The
national
coordination
centre
shall
attribute
a
single common pre-frontier intelligence picture.
indicative impact level, ranging from ‘low’ and ‘medium’ to
‘high’, to each incident in the events layer of the national situ
ational picture. All incidents shall be shared with the Agency.
9. The national coordination centres of neighbouring
Member States shall share with each other, directly and in
near-real-time, the situational picture of neighbouring external
5. The
operational
layer
of
the
national
situational
picture border sections relating to:
shall consist of the following sub-layers:
(a) incidents and other significant events contained in the
(a) a sub-layer on own assets, including military assets assisting
events layer;
a law enforcement mission, and operational areas, which
contains information on the position, status and type of
own assets and on the authorities involved. With regard
to military assets assisting a law enforcement mission, the
(b) tactical risk analysis reports as contained in the analysis
national coordination centre may decide, at the request of
layer.

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L 295/18
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Official Journal of the European Union
6.11.2013
10. The
national
coordination
centres
of
neighbouring (a) a sub-layer on own assets, which contains information on
Member States may share with each other, directly and in
the position, time, status and type of assets participating in
near-real-time, the situational picture of neighbouring external
the Agency joint operations, pilot projects and rapid inter
border sections relating to the positions, status and type of own
ventions or at the disposal of the Agency, and the
assets operating in the neighbouring external border sections as
deployment plan, including the area of operation, patrol
contained in the operational layer.
schedules and communication codes;
Article 10
(b) a sub-layer on operations, which contains information on
European situational picture
the joint operations, pilot projects and rapid interventions
1. The
Agency
shall
establish
and
maintain
a
European
situ
coordinated by the Agency, including the mission statement,
ational picture in order to provide the national coordination
location, status, duration, information on the Member States
centres with effective, accurate and timely information and
and other actors involved, daily and weekly situational
analysis.
reports, statistical data and information packages for the
media;
2. The
European
situational
picture
shall
be
composed
of
information collected from the following sources:
(c) a sub-layer on environmental information, which includes
information on terrain and weather conditions at the
external borders.
(a) national situational pictures, to the extent required by this
Article;
6. The information on own assets in the operational layer of
(b) the Agency;
the European situational picture shall be classified as
RESTREINT UE/EU RESTRICTED.
(c) the Commission, providing strategic information on border
control, including shortcomings in the carrying-out of
external border control;
7. The
analysis
layer
of
the
European
situational
picture
shall
be structured in the same manner as that of the national situ
ational picture set out in Article 9(7).
(d) Union delegations and offices;
(e) other relevant Union bodies, offices and agencies and inter
Article 11
national organisations as referred to in Article 18;
Common pre-frontier intelligence picture
1. The
Agency
shall
establish
and
maintain
a
common
pre-
(f) other sources.
frontier intelligence picture in order to provide the national
coordination centres with effective, accurate and timely
information and analysis on the pre-frontier area.
3. The
events
layer
of
the
European
situational
picture
shall
include information relating to:
2. The
common
pre-frontier
intelligence
picture
shall
be
(a) incidents and other events contained in the events layer of
composed of information collected from the following sources:
the national situational picture;
(b) incidents and other events contained in the common pre-
(a) national coordination centres, including information and
frontier intelligence picture;
reports received from Member States' liaison officers via
the competent national authorities;
(c) incidents in the operational area of a joint operation, pilot
project or rapid intervention coordinated by the Agency.
(b) Union delegations and offices;
4. In the European situational picture, the Agency shall take
into account the impact level that was assigned to a specific
(c) the Agency, including information and reports provided by
incident in the national situational picture by the national coor
its liaison officers;
dination centre.
5. The
operational
layer
of
the
European
situational
picture (d) other relevant Union bodies, offices and agencies and inter
shall consist of the following sub-layers:
national organisations as referred to in Article 18;

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(e) authorities of third countries, on the basis of bilateral or
(e) selective monitoring of designated pre-frontier areas at the
multilateral agreements and regional networks as referred to
external borders which have been identified through risk
in Article 20, via the national coordination centres;
analysis and information as being potential departure or
transit areas for illegal immigration or cross-border crime.
(f) other sources.
3. The Agency shall provide the information referred to in
paragraph 1 by combining and analysing data which may be
3. The
common
pre-frontier
intelligence
picture
may
contain collected from the following systems, sensors and platforms:
information which is relevant for air border surveillance and
checks at external border crossing points.
(a) ship reporting systems in accordance with their respective
4. The
events,
operational
and
analysis
layers
of
the
common
legal bases;
pre-frontier intelligence picture shall be structured in the same
manner as those of the European situational picture set out in
Article 10.
(b) satellite imagery;
5. The
Agency
shall
assign
a
single
indicative
impact
level
to
each incident in the events layer of the common pre-frontier
intelligence picture. The Agency shall inform the national coor
(c) sensors mounted on any vehicle, vessel or other craft.
dination centres of any incident in the pre-frontier area.
Article 12
4. The Agency may refuse a request from a national coor
dination centre for technical, financial or operational reasons.
Common application of surveillance tools
The Agency shall notify the national coordination centre in due
time of the reasons for such a refusal.
1. The
Agency
shall
coordinate
the
common
application
of
surveillance tools in order to supply the national coordination
centres and itself with surveillance information on the external
borders and on the pre-frontier area on a regular, reliable and
cost-efficient basis.
5. The
Agency
may
use
on
its
own
initiative
the
surveillance
tools referred to in paragraph 2 for collecting information
which is relevant for the common pre-frontier intelligence
picture.
2. The
Agency
shall
provide
a
national
coordination
centre,
at its request, with information on the external borders of the
requesting Member State and on the pre-frontier area which
may be derived from:
Article 13
Processing of personal data
(a) selective monitoring of designated third-country ports and
1. Where the national situational picture is used for the
coasts which have been identified through risk analysis and
processing of personal data, those data shall be processed in
information as being embarkation or transit points for
accordance with Directive 95/46/EC, Framework Decision
vessels or other craft used for illegal immigration or
2008/977/JHA and the relevant national provisions on data
cross-border crime;
protection.
(b) tracking of vessels or other craft over high seas which are
suspected of, or have been identified as, being used for
2. The
European
situational
picture
and
the
common
pre-
illegal immigration or cross-border crime;
frontier intelligence picture may be used only for the processing
of personal data concerning ship identification numbers.
(c) monitoring of designated areas in the maritime domain in
order to detect, identify and track vessels and other craft
Those data shall be processed in accordance with Article 11ca
being used for, or suspected of being used for, illegal immi
of Regulation (EC) No 2007/2004. They shall be processed only
gration or cross-border crime;
for the purposes of detecting, identifying and tracking vessels, as
well as for the purposes referred to in Article 11c(3) of that
Regulation. They shall automatically be deleted within seven
(d) environmental assessment of designated areas in the
days of receipt by the Agency or, where additional time is
maritime domain and at the external land border in order
needed in order to track a vessel, within two months of
to optimise monitoring and patrolling activities;
receipt by the Agency.

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L 295/20
EN
Official Journal of the European Union
6.11.2013
CHAPTER III
sufficient personnel and resources are being kept in the
border area in readiness for tracking, identification and
Reaction capability
interception;
Article 14
Determination of external border sections
(b) where a medium impact level is attributed to an external
For the purposes of this Regulation, each Member State shall
border section, the national authorities with a responsibility
divide its external land and sea borders into border sections, and
for external border surveillance shall, in addition to the
shall notify them to the Agency.
measures taken under point (a), ensure that appropriate
surveillance measures are being taken at that border
section. When such surveillance measures are taken, the
Article 15
national coordination centre shall be notified accordingly.
The national coordination centre shall coordinate any
Attribution of impact levels to external border sections
support given in accordance with Article 5(3);
1. Based on the Agency's risk analysis and in agreement with
the Member State concerned, the Agency shall attribute the
following impact levels to each of the external land and sea
(c) where a high impact level is attributed to an external border
border sections of Member States or change such levels:
section, the Member State concerned shall, in addition to
the measures taken under point (b), ensure, through the
national coordination centre, that the national authorities
operating at that border section are given the necessary
(a) low impact level where the incidents related to illegal immi
support and that reinforced surveillance measures are
gration or cross-border crime occurring at the relevant
taken. That Member State may request support from the
border section have an insignificant impact on border
Agency subject to the conditions for initiating joint oper
security;
ations or rapid interventions, as laid down in Regulation
(EC) No 2007/2004.
(b) medium impact level where the incidents related to illegal
immigration or cross-border crime occurring at the relevant
2. The
national
coordination
centre
shall
regularly
inform
the
border section have a moderate impact on border security;
Agency of the measures taken at national level pursuant to
point (c) of paragraph 1.
(c) high impact level where the incidents related to illegal
immigration or cross-border crime occurring at the
3. Where
a
medium
or
high
impact
level
is
attributed
to
an
relevant border section have a significant impact on
external border section which is adjacent to the border section
border security.
of another Member State or of a country with which
agreements or regional networks, as referred to in Articles 19
and 20, are in place, the national coordination centre shall
2. The
national
coordination
centre
shall
regularly
assess contact the national coordination centre of the neighbouring
whether there is a need to change the impact level of any of
Member State or the competent authority of the neighbouring
the border sections by taking into account the information
country and shall endeavour to coordinate the necessary cross-
contained in the national situational picture.
border measures.
4. Where a Member State submits a request in accordance
3. The
Agency
shall
visualise
the
impact
levels
attributed
to with point (c) of paragraph 1, the Agency, when responding to
the external borders in the European situational picture.
that request, may support that Member State in particular by:
Article 16
(a) giving priority treatment to the common application of
Reaction corresponding to impact levels
surveillance tools;
1. The Member States shall ensure that the surveillance
activities carried out at the external border sections correspond
to the attributed impact levels in the following manner:
(b) coordinating the deployment of European Border Guard
Teams in accordance with Regulation (EC) No 2007/2004;
(a) where a low impact level is attributed to an external border
section, the national authorities with a responsibility for
(c) ensuring the deployment of technical equipment at the
external border surveillance shall organise regular
disposal of the Agency in accordance with Regulation (EC)
surveillance on the basis of risk analysis and ensure that
No 2007/2004;

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Union L
295/21
(d) coordinating any additional support offered by other
(b) the European Union Satellite Centre, the European Maritime
Member States.
Safety Agency and the European Fisheries Control Agency
when providing the common application of surveillance
tools;
5. The
Agency
shall,
together
with
the
Member
State
concerned, evaluate the attribution of impact levels and the
corresponding measures taken at national and Union level in
its risk analysis reports.
(c) the Commission, the European External Action Service and
Union bodies, offices and agencies including the European
Asylum Support Office, which may provide the Agency
with information that is relevant for maintaining the
TITLE III
European situational picture and the common pre-frontier
intelligence picture;
SPECIFIC AND FINAL PROVISIONS
Article 17
Allocation of tasks to other authorities in the Member
States
(d) international organisations which may provide the Agency
1. Member
States
may
charge
regional,
local,
functional
or
with information relevant for maintaining the European
other authorities which are in a position to take operational
situational picture and the common pre-frontier intelligence
decisions, with ensuring situational awareness and reaction
picture.
capability in their respective areas of competence, including
the tasks and competences referred to in points (c), (e) and (f)
of Article 5(3).
3. In
accordance
with
paragraph
1,
the
Agency
may
cooperate with the Maritime Analysis and Operations Centre -
2. The
decision
of
Member
States
to
allocate
tasks
in Narcotics (MAOC-N) and the Centre de Coordination pour la
accordance with paragraph 1 shall not affect the national coor
lutte antidrogue en Méditerranée (CeCLAD-M) in order to
dination centre in its ability to cooperate and exchange
exchange information on cross-border crime to be included in
information with other national coordination centres and the
the European situational picture.
Agency.
3. In
pre-defined
cases,
as
determined
at
national
level,
the 4. Information between the Agency and the Union bodies,
national coordination centre may authorise an authority referred
offices and agencies, and international organisations, referred to
to in paragraph 1 to communicate and exchange information
in paragraphs 2 and 3, shall be exchanged via the communi
with the regional authorities or the national coordination centre
cation network referred to in Article 7 or other communication
of another Member State or the competent authorities of a third
networks which fulfil the criteria of availability, confidentiality
country on condition that such authority regularly informs its
and integrity.
own national coordination centre of such communication and
information exchange.
5. The cooperation between the Agency and the Union
Article 18
bodies, offices and agencies, and international organisations,
Cooperation of the Agency with third parties
referred to in paragraphs 2 and 3, shall be regulated as part
of working arrangements in accordance with Regulation (EC)
1. The
Agency
shall
make
use
of
existing
information,
capa
No 2007/2004 and the respective legal basis of the Union
bilities and systems available in other Union institutions, bodies,
body, office or agency, or international organisation, concerned.
offices and agencies, and international organisations, within
As regards the handling of classified information, those
their respective legal frameworks.
arrangements shall provide that the Union body, office or
agency or international organisation concerned comply with
security rules and standards equivalent to those applied by the
Agency.
2. In
accordance
with
paragraph
1,
the
Agency
shall
cooperate in particular with the following Union institutions,
bodies, offices and agencies, and international organisations:
6. The
Union
bodies,
offices
and
agencies,
and
international
organisations, referred to in paragraphs 2 and 3, shall use
(a) European Police Office (Europol) in order to exchange
information received in the context of EUROSUR only within
information on cross-border crime to be included in the
the limits of their legal framework and in compliance with
European situational picture;
fundamental rights, including data protection requirements.

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L 295/22
EN
Official Journal of the European Union
6.11.2013
Article 19
the basis of those agreements. The national coordination centres
of the Member States shall be the contact points for the
Cooperation with Ireland and the United Kingdom
exchange of information with neighbouring third countries.
1. For the purposes of this Regulation, the exchange of
information and the cooperation with Ireland and the United
Kingdom may take place on the basis of bilateral or multilateral
2. Before
any
agreement
referred
to
in
paragraph
1
is
agreements between Ireland or the United Kingdom respectively
concluded, the Member States concerned shall notify the
and one or several neighbouring Member States or through
agreement to the Commission, which shall verify that its
regional networks based on those agreements. The national
provisions which are relevant for EUROSUR comply with this
coordination centres of the Member States shall be the
Regulation. Once the agreement is concluded, the Member State
contact points for the exchange of information with the
concerned shall notify it to the Commission which shall inform
corresponding authorities of Ireland and the United Kingdom
the European Parliament, the Council and the Agency thereof.
within EUROSUR. Once those agreements are concluded, they
shall be notified to the Commission.
3. The
agreements
referred
to
in
paragraph
1
shall
comply
with the relevant Union and international law on fundamental
2. The
agreements
referred
to
in
paragraph
1
shall
be
limited rights and on international protection, including the Charter of
to the following exchange of information between the national
Fundamental Rights of the European Union and the Convention
coordination centre of a Member State and the corresponding
Relating to the Status of Refugees, in particular the principle of
authority of Ireland or the United Kingdom:
non-refoulement.
(a) information contained in the national situational picture of
4. Any exchange of personal data with third countries in the
a Member State to the extent transmitted to the Agency for
framework of EUROSUR shall be strictly limited to what is
the purposes of the European situational picture and the
absolutely necessary for the purposes of this Regulation. It
common pre-frontier intelligence picture;
shall be carried out in accordance with Directive 95/46/EC,
Framework Decision 2008/977/JHA and the relevant national
provisions on data protection.
(b) information collected by Ireland and the United Kingdom
which is relevant for the purposes of the European situ
ational picture and the common pre-frontier intelligence
picture;
5. Any
exchange
of
information
under
paragraph
1,
which
provides a third country with information that could be used to
identify persons or groups of persons whose request for access
(c) information as referred to in Article 9(9).
to international protection is under examination or who are
under a serious risk of being subjected to torture, inhuman
and degrading treatment or punishment or any other
violation of fundamental rights, shall be prohibited.
3. Information
provided
in
the
context
of
EUROSUR
by
the
Agency or by a Member State which is not party to an
agreement as referred to in paragraph 1 shall not be shared
with Ireland or the United Kingdom without the prior
6. Any
exchange
of
information
under
paragraph
1
shall
approval of the Agency or of that Member State. The
comply with the conditions of the bilateral and multilateral
Member States and the Agency shall be bound by the refusal
agreements concluded with neighbouring third countries.
to share that information with Ireland or the United Kingdom.
7. Information
provided
in
the
context
of
EUROSUR
by
the
4. Onward transmission or other communication of Agency or by a Member State which is not party to an
information exchanged under this Article to third countries or
agreement as referred to in paragraph 1 shall not be shared
to third parties shall be prohibited.
with a third country under that agreement without the prior
approval of the Agency or of that Member State. The Member
States and the Agency shall be bound by the refusal to share
5. The
agreements
referred
to
in
paragraph
1
shall
include that information with the third country concerned.
provisions on the financial costs arising from the participation
of Ireland and the United Kingdom in the implementation of
those agreements.
8. Onward transmission or other communication of
information exchanged under this Article to other third
countries or to third parties shall be prohibited.
Article 20
Cooperation with neighbouring third countries
9. Any
exchange
of
information
with
third
countries
1. For
the
purposes
of
this
Regulation,
Member
States
may acquired via the common application of surveillance tools
exchange information and cooperate with one or several neigh
shall be subject to the laws and rules governing those tools
bouring third countries. Such exchange of information and such
as well as to the relevant provisions of Directive 95/46/EC,
cooperation shall take place on the basis of bilateral or multi
Regulation (EC) No 45/2001 and Framework Decision
lateral agreements or through regional networks established on
2008/977/JHA.

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Union L
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Article 21
(1) in Article 2(1), point (i) is replaced by the following:
Handbook
1. The
Commission
shall,
in
close
cooperation
with
the
Member States, the Agency and any other relevant Union
‘(i) provide the necessary assistance for the development
body, office or agency, make available a practical handbook
and operation of a European border surveillance
for the implementation and management of EUROSUR (‘Hand
system and, as appropriate, to the development of a
book’). The Handbook shall provide technical and operational
common information-sharing environment, including
guidelines, recommendations and best practices, including on
interoperability of systems, in particular by establishing,
cooperation with third countries. The Commission shall adopt
maintaining and coordinating the EUROSUR framework
the Handbook in the form of a recommendation.
in accordance with Regulation (EU) No 1052/2013 of
the European Parliament and of the Council (*).
2. The
Commission
may
decide,
after
consultation
with
Member States and the Agency, to classify parts of the
___________
Handbook as RESTREINT UE/EU RESTRICTED in compliance
(*) Regulation (EU) No 1052/2013 of the European
with the rules laid down in the Rules of Procedure of the
Parliament and of the Council of 22 October 2013
Commission.
establishing the European Border Surveillance System
(EUROSUR) (OJ L 295, 6.11.2013, p. 11).’;
Article 22
Monitoring and evaluation
1. For the purposes of this Regulation, the Agency and the
(2) the following Article is inserted:
Member States shall ensure that procedures are in place to
monitor the technical and operational functioning of
EUROSUR against the objectives of achieving an adequate situ
‘Article 11ca
ational awareness and reaction capability at the external borders
and respect for fundamental rights, including the principle of
Processing of personal data in the framework of
non-refoulement.
EUROSUR
The Agency may process personal data as set out in
Article 13(2) of Regulation (EU) No 1052/2013, which
2. The
Agency
shall
submit
a
report
to
the
European
shall be applied in accordance with the measures referred
Parliament and to the Council on the functioning of
to in Article 11a of this Regulation. In particular, the
EUROSUR by 1 December 2015 and every two years thereafter.
processing of such data shall respect the principles of
necessity and proportionality and the onward transmission
or other communication of such personal data processed by
3. The
Commission
shall
provide
an
overall
evaluation
of
the Agency to third countries shall be prohibited.’.
EUROSUR to the European Parliament and the Council by
1 December 2016 and every four years thereafter. That
evaluation shall include an assessment of the results achieved
against the objectives set, of the continuing validity of the
Article 24
underlying rationale, of the application of this Regulation in
Entry into force and applicability
the Member States and by the Agency and of the compliance
with and impact on fundamental rights. It shall also include a
1.
This Regulation shall enter into force on the twentieth day
cost benefit evaluation. That evaluation shall be accompanied,
following that of its publication in the Official Journal of the
where necessary, by appropriate proposals to amend this Regu
European Union.
lation.
2. This
Regulation
shall
apply
from
2
December
2013.
4. Member
States
shall
provide
the
Agency
with
the
information necessary to draft the report referred to in
paragraph 2.
3. Bulgaria,
Estonia,
Greece,
Spain,
France,
Croatia,
Italy,
Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Portugal,
The Agency shall provide the Commission with the information
Romania, Slovenia, Slovakia and Finland shall establish a
necessary to produce the evaluation referred to in paragraph 3.
national coordination centre in accordance with Article 5 as
from 2 December 2013.
Article 23
Amendments to Regulation (EC) No 2007/2004
The remaining Member States shall establish a national coor
dination centre in accordance with Article 5 as from
Regulation (EC) No 2007/2004 is hereby amended as follows:
1 December 2014.

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L 295/24
EN
Official Journal of the European Union
6.11.2013
This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaties.
Done at Strasbourg, 22 October 2013.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
V. LEKEVIIUS

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of
the
European
Union L
295/25
ANNEX
The following principles shall be taken into account when setting, operating and maintaining the different components of
the EUROSUR framework:
(a) Principle of communities of interest: the national coordination centres and the Agency shall form particular
communities of interest for sharing information and for cooperation in the framework of EUROSUR. Communities
of interest shall be used to organise different national coordination centres and the Agency to exchange information
in pursuit of shared objectives, requirements and interests.
(b) Principles of consistent management and of using existing structures: the Agency shall ensure consistency between the
different components of the EUROSUR framework, including by providing guidance and support to the national
coordination centres and promoting the interoperability of information and technology. To the extent possible, the
EUROSUR framework shall make use of existing systems and capabilities, in order to optimise the use of the general
budget of the Union and to avoid duplication. In this context, EUROSUR shall be established in full compatibility
with CISE, thereby contributing to and benefitting from a coordinated and cost-efficient approach to cross-sectoral
information exchange in the Union.
(c) Principles of information sharing and of information assurance: information made available in the EUROSUR
framework shall be available to all national coordination centres and the Agency, unless specific restrictions have
been laid down or agreed. The national coordination centres shall ensure the availability, confidentiality and integrity
of the information to be exchanged at national, European and international level. The Agency shall ensure the
availability, confidentiality and integrity of the information to be exchanged at European and international level.
(d) Principles of service-orientation and of standardisation: the different EUROSUR capabilities shall be implemented
using a service-oriented approach. The Agency shall ensure that, to the extent possible, the EUROSUR framework is
based on internationally agreed standards.
(e) Principle of flexibility: organisation, information and technology shall be designed to enable the EUROSUR
stakeholders to react to changing situations in a flexible and structured manner.

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L 295/26
EN
Official Journal of the European Union
6.11.2013
Statement by the Council
EUROSUR will contribute to improving the protection and the saving of lives of migrants. The Council
recalls that search and rescue at sea is a competence of the Member States which they exercise in the
framework of international conventions.

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Document Outline

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