Opt-In Article 2(6)

Regulation (EU) 2018/1139

Article 2(6) of Regulation (EU) 2018/1139 gives Member States the possibility to apply any, or any combination, of Section I, II, III, or VII of Chapter III, to some or all activities referred to in point (a) of the first subparagraph of paragraph 3 and to the personnel and organisations involved in those activities, where it considers that, in light of the characteristics of the activities, personnel and organisations in question and the purpose and content of the provisions concerned, those provisions can be effectively applied.
From the date specified in that decision, the activities, personnel and organisations concerned shall be solely regulated by the provisions of the Section, or Sections, concerned and by the provisions of this Regulation related to the application of those sections.

Activities referred to in Article 2(3)(a)

  • Border Control;
  • Coastguard;
  • Customs;
  • Firefighting;
  • Military;
  • Police;
  • Search & Rescue;
  • Other (similar activities or services under the control and responsibility of a Member State, undertaken in the public interest by or on behalf of a body vested with the powers of a public authority).

The Member State shall notify the Commission and the Agency using a dedicated platform (FlexTool) to provide needed information and upload associated documentation.

Information on already notified Article 2(6)
Please refer to Table Art 2(6) of Regulation (EU) 2018/1139.