Commission Implementing Regulation (EU) 2021/581 of 9 April 2021 on the situational pictures of the European Border Surveillance System (EUROSUR)

• Published date: 12 April 2021
• Date of Signature: 09 April 2021
• Official Gazette Publication: Official Journal of the European Union, L 124, 12 April 2021

12.4.2021 EN Official Journal of the European Union L 124/3

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COMMISSION IMPLEMENTING REGULATION (EU) 2021/581

of 9 April 2021

on the situational pictures of the European Border Surveillance System (EUROSUR)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (1), and in particular Article 24(3) thereof,

Whereas:

(1) Regulation (EU) 2019/1896 defines situational pictures as an aggregation of geo-referenced near-real-time data and information received from different authorities, sensors, platforms and other sources which is transmitted across secured communication and information channels and can be processed and selectively displayed and shared with other relevant authorities in order to achieve situational awareness and support the reaction capability at, along or in the proximity of the external borders and the pre-frontier area. This definition, represents a development of the concept as initially laid down in Regulation (EU) No 1052/2013 of the European Parliament and of the Council (2), reflecting a more a ‘data centric’ approach permitting users to select the appropriate graphical display and user interface depending on the operational situation and their command and control needs.

(2) Regulation (EU) 2019/1896 provides for the establishment of national situational pictures, a European situational picture and specific situational pictures to be produced through the collection, evaluation, collation, analysis, interpretation, generation, visualisation and dissemination of information. Situational pictures are to consist of three separate information layers, namely, an events layer, an operational layer and an analysis layer.

(3) It is necessary to lay down the details of each of the information layers of the situational pictures and the rules for the establishment of specific situational pictures. It is further necessary to specify the type of information to be provided and the processes governing the provision of such information as well as mechanisms to ensure quality control. In order to ensure a coordinated approach that enhances information exchange, reporting in the European Border Surveillance System (‘EUROSUR’) should be specified and standardised.

(4) In order to ensure that the events layer of situational pictures are sufficiently comprehensive and detailed, national coordination centres and, where applicable, the European Border and Coast Guard Agency (‘the Agency’) and the international coordination centres, should provide timely reports on events likely to have an impact on the external border.

(5) The reporting of events through indicators and as single event reports is complementary. The indicators help assessing the overall evolution at a border section and contribute to improved situational awareness while the single event reports are linked to a timely response to a given event.

(6) Single events reports may require urgent action to be taken. It must therefore be possible to report single events in a timely manner in order to allow a timely response to such events. An initial report should be sent as soon as the event is detected and should be displayed in the corresponding situational pictures. In order to prevent delay that could undermine the capability for a quick reaction, the validation process should permit the sending of a report with a partial validation.

(7) At the same time, the issuing of reports in such circumstances can lead to false alarms. The originator and the owner of the situational picture should assess and indicate the level of confidence in the reports and in the events displayed in the situational picture. The first report should be completed with other follow up reports, as soon as supplementary information is available.

(8) The reporting of events related to document fraud and criminality in EUROSUR will complement the reporting obligations provided for in Regulation (EU) 2020/493 of the European Parliament and of the Council (3) as part of the False and Authentic Document Online system (FADO).

(9) The reporting of single events involving the cross-border movement of goods and associated illicit trafficking under this Regulation should not affect existing reporting obligations, restrictions or competences concerning the customs area as well as systematic control reporting in particular under the Import Control System 2 (‘ICS2’) pursuant to Article 186 of Commission Implementing Regulation (EU) 2015/2447 (4) or risk information sharing under the Customs Risk Management System (‘CRMS’) pursuant to Article 86 of the same Regulation and the Customs Information System (‘CIS’) established by Council Regulation (EC) No 515/97 (5). It should also not duplicate established reporting mechanisms carried out by Member States in connection with customs and customs performance matters. Where available, the relevant information could be obtained from existing Commission sources.

(10) As regards the operational layer of situational pictures, in order to ensure sufficiently comprehensive overview, the owner of situational pictures should receive reporting on Member States’ own assets, reports on operational plans, as well as reports on environmental information including, in particular, meteorological and oceanographic information. In the case where the impact level at a border sections are high or critical, the need for coordination calls for a detailed reporting of the operational plans to better anticipate the response of the different authorities involved.

(11) The operational reporting to be carried out in the framework of a joint border operation or a rapid border intervention should be described in the operational plans of each joint border operation or of a rapid border intervention.

(12) As regards the analysis layer of the situational pictures, the owner of situational pictures should establish the analysis layer based on risks analysis reports. These reports aim at enhancing the understanding of events at the external border which can facilitate the forecasting of trends, the planning and conduct of border control operations as well as strategic risk analysis. The methodologies related to the risk analysis reporting, and the attribution of confidence levels should be based upon the common integrated risk analysis model (CIRAM).

(13) In order to ensure consistency and facilitate information exchange while preserving security, the Agency should integrate and develop its various risk analysis networks and tools in the framework of EUROSUR, such as the Frontex Risk Analysis Network (FRAN), the European Document Fraud Risk Analysis Network (EDF-RAN) or the Maritime Intelligence Community Risk Analysis Network (MIC-RAN).

(14) Reporting in EUROSUR should take into account the specificity of certain border control activities such as air or maritime surveillance border surveillance but also the specificity of certain related events such as secondary movements or Search and Rescue incidents. The reporting of such information contributes to the establishment of the European situational picture, including risk analysis and the attribution of impact levels. In addition, reporting on search and rescue operations of migrants, both at land and at sea, should contribute to ensure the protection and saving lives of migrants.

(15) The owner of the situational picture should manage the situational picture with a view to providing a clear understanding of the situation at each external border section and for each area of responsibility, and to facilitate risk analysis and reaction capabilities at proper level.

(16) When establishing specific situational pictures with third parties to EUROSUR, Member States and the Agency should comply with and promote the technical and operational standards for information exchange developed by the Agency.

(17) It is necessary to lay down the operational responsibilities for reporting and for maintaining the situational pictures in relation with the technical responsibilities for operating and maintaining the various technical systems and networks that support the processing of information in EUROSUR.

(18) In order to ensure that operational responsibilities for the technical implementation of EUROSUR are defined in sufficient detail, it is necessary to identify the technical components of EUROSUR. In order to manage the significant amount of information processed and to reduce the workload of operators, information exchange in EUROSUR should be automated. Member States and the Agency should develop technical interfaces to foster machine to machine interconnections and use decision support tools to assist EUROSUR operators in their tasks.

(19) When defining format of reports related to the vessels of interest as part of the technical standards for information exchange, the Agency, in close cooperation with the relevant national authorities, should make use of internationally agreed formats deriving from the relevant international legislation with in the first place the UN Convention on the Law of the Sea, the Customary law of the Sea and the instruments derived notably by the International Maritime Organization (IMO) as well as their variations in the domestic legal order of the flag States.

(20) When defining format of reports related to the aircrafts of interest as part of the technical standards for information exchange, the Agency, in close

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