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1. A fundamental rights officer shall be appointed by the management board on the basis of a list of three candidates, after consultation with the consultative forum. The fundamental rights officer shall have the necessary qualifications, expert knowledge and professional experience in the field of fundamental rights.

2. The fundamental rights officer shall perform the following tasks:

(a) contributing to the Agency's fundamental rights strategy and the corresponding action plan, including by issuing recommendations for improving them;

(b) monitoring the Agency's compliance with fundamental rights, including by conducting investigations into any of its activities;

(c) promoting the Agency's respect of fundamental rights;

(d) advising the Agency where he or she deems it necessary or where requested on any activity of the Agency without delaying those activities;

(e) providing opinions on the operational plans drawn up for the operational activities of the Agency, on pilot projects and on technical assistance projects in third countries;

(f) providing opinions on working arrangements;

(g) carrying out on-the-spot visits to any joint operation, rapid border intervention, pilot project, migration management support team deployment, return operation or return intervention, including in third countries;

(h) providing the secretariat of the consultative forum;

(i) informing the executive director about possible violations of fundamental rights during activities of the Agency;

(j) selecting and managing the fundamental rights monitors;

(k) performing any other tasks, where provided for by this Regulation. The secretariat referred to in point (h) of the first subparagraph shall receive instructions directly from the consultative forum.

3. For the purposes of point (j) of the first subparagraph of paragraph 2, the fundamental rights officer shall, in particular:

(a) appoint the fundamental rights monitors;

(b) assign fundamental rights monitors to operations and activities as provided for in Article 110(3);

(c) nominate fundamental rights monitors as forced-return monitors for the pool referred to in Article 51;

(d) ensure that fundamental rights monitors are adequately trained;

(e) report to the executive director on possible violations of fundamental rights reported to him or her by the fundamental rights monitors as the fundamental rights officer deems necessary; The executive director shall reply to the fundamental rights officer as to how concerns regarding possible violations of fundamental rights as referred to in point (e) of the first subparagraph have been addressed. The fundamental rights officer may entrust any of the tasks provided for in points (a) to (i) and (k) of the first subparagraph of paragraph 2 to one of the fundamental rights monitors.

4. The management board shall lay down special rules applicable to the fundamental rights officer in order to guarantee that the fundamental rights officer and his or her staff are independent in the performance of their duties. The fundamental rights officer shall report directly to the management board and shall cooperate with the consultative forum. The management board shall ensure that action is taken with regard to recommendations of the fundamental rights officer. In addition, the fundamental rights officer shall publish annual reports on his or her activities and on the extent to which the activities of the Agency respect fundamental rights. Those reports shall include information on the complaints mechanism and the implementation of the fundamental rights strategy.

5. The Agency shall ensure that the fundamental rights officer is able to act autonomously and is able to be independent in the conduct of his or her duties. The fundamental rights officer shall have sufficient and adequate human and financial resources at his or her disposal necessary for the fulfilment of his or her tasks. The fundamental rights officer shall select his or her staff, and that staff shall only report to him or her.

6. The fundamental rights officer shall be assisted by a deputy fundamental rights officer. The deputy fundamental rights officer shall be appointed by the management board from a list of at least three candidates presented by the fundamental rights officer. The deputy fundamental rights officer shall have the necessary qualifications and experience in the field of fundamental rights and shall be independent in the conduct of his or her duties. If the fundamental rights officer is absent or indisposed, the deputy fundamental rights officer shall assume the fundamental rights officer's duties and responsibilities.

7. The fundamental rights officer shall have access to all information concerning respect for fundamental rights in all the activities of the Agency.