Strengthening security at EU external borders

The Council is examining proposed amendments to the Frontex (EU external borders agency) regulation which are designed to enhance the Agency's functioning. On 9 June, ministers discussed the outstanding issues in order to reach an agreement on the amended regulation with the European Parliament.

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The proposal is part of the EU's objective to develop a comprehensive European migration policy, based on solidarity and responsibility. The amendments to the Frontex regulation were proposed at the beginning of 2010, but recent events in the Southern Neighbourhood and the migratory challenges which they engendered have accentuated the need for these new rules to be promptly examined and adopted. Negotiations with the European Parliament started in April of this year.

Main changes: brief overview

The main changes to the Frontex rules of 2004 relate to the Agency's operational capabilities. For example, it is proposed that Frontex should be able to ask the member states to provide the equipment necessary for its operations (boats, helicopters, planes, etc.). In future, Frontex may also be able to purchase or lease its own equipment.

The Agency would also have a co-leading role in the implementation of border operations, together with the state in which the operation is conducted, although responsibility for the control and surveillance of external borders remains with the member states.

The new rules also clarify the legal basis for Frontex operations and provide that the member states should contribute qualified border guards to joint operations, including those whose purpose is to return migrants to their countries of origin ("joint return operations"). Furthermore, the personnel will have to be trained in fundamental rights, with a special emphasis on the international principle of "non-refoulement".

The sharing of tasks between the Agency and member states in coordinating, implementing and assessing operations would be improved. There is also discussion on the way in which joint return operations should be monitored.

Outstanding issues

There are a number of issues still to be resolved, such as whether member states should be obliged to provide border guards (as a temporary secondment) to Frontex joint support teams and what exceptions could be allowed; the setting up of a common pool of border guards for joint operations and Rabit (Rapid Border Intervention Teams) missions; the monitoring of return operations; and the further development of the agency's fundamental rights strategy.

Frontex, established in 2004 and based in Warsaw, is responsible for operational cooperation between the member states to strengthen security at the external borders of the EU.

More information:
Press release (pdf)
Press conference webcast
Frontex