EU Border Agency Develops Teeth
Brussels -- 23 June 2011
Frontex, the EU border control agency, will become a more visible presence following changes to its mandate agreed by Parliament and Council representatives, subject to approval in the Civil Liberties Committee next month.
The new measures will see it deploying European Border Guard Teams, and give it a mandate to monitor respect for fundamental rights. In real terms, it means that the EU's border agency will have teeth for the first time.
I think that the deal can be good if Frontex is deployed in a limited but targetted fashion. If the spirit of the deal is upheld it should mean that Frontex agents will provide assistance to Member States facing "disproportionate" migratory burdens.
We mustn't however get ahead of ourselves. This does not confer control of our own borders to the EU - far from it. What it does is strengthen the EU's capacity to help in times of crisis, or when clear weaknesses are found.
Quotes on the European Parliament website state:
"The agreement says that for its joint operations, rapid interventions and pilot projects, Frontex will deploy European Border Guard Teams consisting of a pool of national border guards. The agency will also be able to purchase or lease its own equipment, such as mobile radars or vehicles, either by itself or in co-ownership with a Member State.
One of Parliament's key concerns in the negotiations has been to ensure full respect for fundamental rights. At Parliament's request, Frontex will appoint a fundamental rights officer and set up a consultative forum on fundamental rights. These will assist the agency's management board and will have access to all information concerning respect for fundamental rights.
The Executive Director of Frontex must suspend or terminate an operation, in whole or in part, if he identifies any violation of the rule of law or fundamental rights of a serious nature or likely to persist.
Frontex will also develop codes of conduct to guarantee compliance with fundamental rights and the rule of law in all operations, including return operations. Under international law, no person may be disembarked or handed over to the authorities of a country where his/her life or freedoms could be threatened. The agency will respect this principle of "non-refoulement" in all circumstances, says the agreed text.
Solidarity and democratic scrutiny
Under the new rules, Member States will be obliged to contribute with staff and equipment to Frontex operations. The agreement says the agency will focus its activities on EU countries facing "specific and disproportionate" migratory pressures.
To reinforce the democratic scrutiny of Frontex, the agency will be required to report regularly to the European Parliament on its fundamental rights activities. Parliament will also be regularly updated on Member States' contributions to Frontex operations and on agreements with third countries and other agencies.
Processing personal data
Frontex will process personal data only when strictly necessary, says the agreement, which imposes a series of restrictions on the types personal data that it may process. These data must not be stored for more than three months after they are collected, and may be forwarded to Europol or other EU agencies only on a case by case basis. Sending the data to third countries will be prohibited.
Next steps
The agreed text will be put to a vote in the Civil Liberties, Justice and Home Affairs Committee on 12 July. If approved, Parliament as a whole European Parliament would vote on it at the 12-15 September plenary session in Strasbourg
