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1. The main purpose of border surveillance shall be to prevent or detect unauthorised border crossings, to contribute to raising situational awareness, to counter cross-border criminality and to take measures against persons who have crossed the border illegally. It shall also involve the carrying out of risk analyses. Without prejudice to Articles 3 and 4, a person who has crossed a border illegally and who has no right to stay on the territory of the Member State concerned shall be apprehended and made subject to procedures respecting Directive 2008/115/EC.

2. The border guards shall use all necessary resources, including stationary or mobile units, to carry out border surveillance. Border surveillance shall be carried out in such a way as to prevent and discourage persons from unauthorised border crossings between border crossing points or from circumventing the checks at border crossing points, and shall be carried out in full compliance with the obligations laid down in Article 4.

3. Surveillance between border crossing points shall be carried out by border guards whose numbers and methods shall be adapted to existing or foreseen risks and threats. It shall make use of situational pictures, to be better able to reduce the loss of lives of migrants at, along or in proximity of the external borders. It shall involve frequent and sudden changes to surveillance periods and other methods or techniques, in order to prevent or detect unauthorised border crossings effectively.

4. Surveillance shall be carried out by stationary or mobile units which perform their duties by patrolling or stationing themselves at places known or perceived to be sensitive. The aim of such surveillance is to prevent unauthorised border crossings or to apprehend individuals in connection with an unauthorised crossing of the external border. Surveillance may also be carried out by using technical means, including electronic means, equipment, surveillance systems and, where appropriate, all types of stationary and mobile infrastructure.

5. The Commission shall be empowered to adopt delegated acts in accordance with Article 37 of this Regulation concerning additional measures governing surveillance, including the development of common minimum standards for border surveillance. Those common minimum standards shall take into account the type of borders, i.e. land, sea or air borders, the impact levels attributed to each external border section in accordance with Article 34 of Regulation (EU) 2019/1896 of the European Parliament and of the Council () and other relevant factors, such as geographical particularities.