Council of the European Union Brussels, 15 May 2020 (OR. en) 7897/20 LIMITE JAI 348 FRONT 128 MIGR 33 SIRIS 43 COMIX 217 NOTE From:                  Presidency To:                    Delegations Subject:               The implementation of the standing corps in the context of the European Border and Coast Guard Regulation: outstanding issues and steps that need to be taken ‒  Presidency discussion paper The 2019/1896 European Border and Coast Guard (EBCG) Regulation, which entered into force on 4 December 2019, has brought about a very significant enhancement of the mandate of Frontex, with a view to strengthening its support to Member States, primarily in their border management and return activities. The prompt and critically important deployment of the Agency's RABIT operations in the Eastern Mediterranean and the solid support that it provides in combating the Covid−19 outbreak are the two most recent examples of the crucial role that the Agency already plays within its current mandate. 7897/20                                                                  GK/kl                  1 JAI.1            LIMITE                       EN

The implementation of the 2019/1896 Regulation is a multi-faceted challenge with a series of interwoven objectives, for example, establishing a multiannual strategic policy cycle by the EU institutions , which will steer a more efficient implementation of the European Integrated Border Management (EIBM) and the development of the Agency’s capabilities. These objectives have to be attained within a very tight time line, in accordance with the EBCG 2.0 Roadmap hammered out by the Commission and Frontex in early July 2019. Among these goals, the operationalisation of the standing corps, the first phase of which shall be completed by the beginning of 2021, is, undoubtedly, the most arduous task. Many stakeholders are involved and numerous steps are to be taken, the timeline for which has to be observed in order to meet this deadline. Regrettably, these time-related difficulties have been compounded by the pandemic, which has forced national administrations and the Agency to refocus their resources. The setting-up of the standing corps, including the financial support for its deployment and the mechanism of financial support, in particular to national administrations in order to mitigate any negative impact on them in that regard, is based on Articles 45, 54−58, 61 and 95(6) of the EBCG Regulation. To that effect, several implementing measures of the Agency's Management Board have been adopted or are in the process of being so. That include important decisions taken on the new profiles and the allocation of numbers and profiles per Member State for each category of the standing corps. As regards the operational statutory staff (category 1) of the standing corps, important steps have already taken place, first and foremost, for its recruitment and training, before the temporary standstill of any further substantial developments, caused by the Covid-19 outbreak. 7897/20                                                                     GK/kl                   2 JAI.1            LIMITE                        EN

It should be noted that the recruitment of the approximately 700 category 1 staff was going according to the relevant planning until the Covid−19 outbreak. Likewise, preparations have been underway in the Member States and the Schengen Associate Countries for setting up the lists of staff for long-term secondment (category 2) and short-term deployment (category 3) staff, as well as the reserve for rapid reaction (category 4). For the purpose of advancing the preparations for the readiness of the standing corps for its deployment as of 1 January 2021 and without prejudice to the results of the relevant negotiations in the MFF context, delegations are invited to identify: 1)     the most pressing implementing issues experienced in the national context with regard to the mobilisation of their contributions under categories 2 and 3 of the standing corps. 2)     possible best practices or ways of practical support to ensure their contributions within the time framework set out the EBCG Regulation complete their. For this discussion delegations may use as a point of reference the Frontex Report entitled "State of play of the implementation of the EBCG 2.0 Regulation in view of current challenges" (7607/20), in which detailed information about the implementation of the standing corps is included and the relevant issues are addressed. 7897/20                                                                     GK/kl                    3 JAI.1             LIMITE                         EN