2010/0039(COD)

External borders: mandate of the Agency for the Management of Operational Cooperation at the External Borders FRONTEX (amend. Regulation (EC) No 2007/2004)

Procedure completed

2010/0039(COD) External borders: mandate of the Agency for the Management of Operational Cooperation at the External Borders FRONTEX (amend. Regulation (EC) No 2007/2004)
RoleCommitteeRapporteurShadows
Opinion AFET LOCHBIHLER Barbara (Verts/ALE)
Opinion DEVE
Lead LIBE BUSUTTIL Simon (EPP) GUILLAUME Sylvie (S&D), WIKSTRÖM Cecilia (ALDE), FLAUTRE Hélène (Verts/ALE), KELLER Franziska (Verts/ALE), KIRKHOPE Timothy (ECR), ERNST Cornelia (GUE/NGL)
Lead committee dossier: LIBE/7/02367
Legal Basis TFEU TFEU 074, TFEU TFEU 077-p1
Subjects
Links

Activites

  • 2011/11/22 Final act published in Official Journal
  • 2011/10/25 Final act signed
  • 2011/10/25 End of procedure in Parliament
  • 2011/10/10 Act adopted by Council after Parliament's 1st reading
  • #3118
  • 2011/10/10 Council Meeting
  • 2011/09/26 CSL Final Agreement
  • 2011/09/13 Text adopted by Parliament, 1st reading/single reading
    • T7-0344/2011 summary
    • Results of vote in Parliament
  • 2011/09/13 Commission response to text adopted in plenary
  • 2011/07/15 Committee report tabled for plenary, 1st reading/single reading
  • 2011/07/12 Vote in committee, 1st reading/single reading
  • 2011/06/15 Prev Adopt in Cte
  • #3096
  • 2011/06/09 Council Meeting
  • #3085
  • 2011/05/12 Council Meeting
  • #3081
  • 2011/04/11 Council Meeting
  • 2010/12/14 Deadline Amendments
  • 2010/11/12 Committee draft report
  • #3043
  • 2010/11/08 Council Meeting
  • 2010/07/15 Economic and Social Committee: opinion, report
  • 2010/05/17 Document attached to the procedure
    • N7-0031/2011 summary
    • OJ C 357 30.12.2010, p. 0001
  • 2010/03/11 Committee referral announced in Parliament, 1st reading/single reading
  • 2010/02/24 EP officialisation
  • 2010/02/24 Legislative proposal
    • COM(2010)0061 summary
    • SEC(2010)0149
    • SEC(2010)0150
    • DG Justice, MALMSTRÖM Cecilia

Documents

AmendmentsDossier
319 2010/0039(COD) External borders: mandate of the Agency for the Management of Operational Cooperation at the External Borders FRONTEX (amend. Regulation (EC) No 2007/2004)
2010/03/11 AFET 44 amendments...
source: PE-452.597
2010/09/27 AFET 21 amendments...
source: PE-448.907
2010/11/12 LIBE, LIBE 68 amendments...
source: PE-450.754
2011/06/01 LIBE 186 amendments...
source: PE-454.546

History

(these mark the time of scraping, not the official date of the change)

2012-02-09
activities added
  • body
    EP
    date
    2010-02-24
    type
    EP officialisation
  • date
    2010-02-24
    docs
    body
    EC
    commission
    • DG
      Justice
      Commissioner
      MALMSTRÖM Cecilia
    type
    Legislative proposal
  • date
    2010-03-11
    body
    EP
    type
    Committee referral announced in Parliament, 1st reading/single reading
    committees
  • date
    2010-05-17
    docs
    body
    type
    Document attached to the procedure
  • date
    2010-07-15
    docs
    • url
      http://eescopinions.eesc.europa.eu/eescopiniondocument.aspx?language=EN&docnr=0974&year=2010
      title
      CES0974/2010
      type
      Economic and Social Committee: opinion, report
      celexid
      CELEX:52010AE0974:EN
    body
    ESOC
    type
    Economic and Social Committee: opinion, report
  • body
    CSL
    meeting_id
    3043
    text
    • The Council discussed the state-of-play concerning revised rules for the external borders agency FRONTEX. Some of the outstanding issues outstanding include:

      • the development of a common integrated risk analysis model;
      • the processing of personal data;
      • the creation of a European system of border guards.

      Council preparatory bodies have discussed the proposal at several meetings. Negotiations with the European Parliament have not yet started.

    council
    Justice and Home Affairs (JHA)
    date
    2010-11-08
    type
    Council Meeting
  • date
    2010-11-12
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE450.754
      type
      Committee draft report
      title
      PE450.754
    body
    EP
    type
    Committee draft report
  • body
    EP
    date
    2010-12-14
    type
    Deadline Amendments
  • body
    CSL
    meeting_id
    3081
    text
    • The Council looked at the state-of-play of discussions on the revision of the rules concerning the European external borders agency Frontex.

      Some of the issues outstanding include:

      • monitoring in the context of return cooperation;
      • the processing of personal data collected by member states for the purpose of risk analysis in the context of operational activities coordinated by the agency; and
      • the involvement of third countries, EU agencies and international organisations in Frontex activities.

      The presidency intends to start negotiations with the European Parliament in the coming weeks. The goal is to reach agreement before the summer in line with the conclusions of the European Council of 24 March 2011.

    council
    Justice and Home Affairs (JHA)
    date
    2011-04-11
    type
    Council Meeting
  • body
    CSL
    meeting_id
    3085
    text
    • In the margins of the Council, the Mixed Committee (the EU plus Norway, Iceland, Liechtenstein and Switzerland) discussed the state of play on the revision of the rules concerning Frontex. Negotiations with the European Parliament started in April. The goal is to reach agreement before the summer in line with the in line with the conclusions of the European Council of 24 March 2011.

      The principal issues outstanding include:

      • monitoring in the context of return cooperation;
      • the exact provisions concerning the financing of technical equipment;
      • the involvement of third countries, EU agencies and international organisations in Frontex activities;
      • specifications concerning a fundamental rights strategy of Frontex.
    council
    Justice and Home Affairs (JHA)
    date
    2011-05-12
    type
    Council Meeting
  • body
    CSL
    meeting_id
    3096
    text
    • The Council discussed the issues outstanding on the revision of the rules concerning the European external borders agency Frontex.

      Ministers focused on a number of outstanding issues including:

      • the temporary secondment of border guards to the Frontex Joint Support Teams by Member States;
      • the monitoring of return operations;
      • the establishment and naming of a common pool of border guards for joint operations and Rabit intervention missions.

      The goal is still to reach agreement with the European Parliament by the end of June, in line with the European Council conclusions of 24 March 2011.

    council
    Justice and Home Affairs (JHA)
    date
    2011-06-09
    type
    Council Meeting
  • body
    EP
    date
    2011-06-15
    type
    Prev Adopt in Cte
  • date
    2011-07-12
    text
    • The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Simon BUSUTTIL (EPP, MT) on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX). The committee recommends that the European Parliament's position adopted at first reading should amend the Commission's proposal.

      The proposed amendments are the result of negotiations between the members of the committee and Member States' representatives. It may be summarised as follows :

      Fundamental rights: Members strengthened the provisions on fundamental rights. The amended text states that the Agency shall fulfil its tasks in full compliance with Union law, including the Charter of Fundamental Rights of the European Union, international law, obligations related to access to international protection, in particular the principle of non-refoulement, and fundamental rights and taking into account the reports of the Consultative Forum (see below). No person shall be disembarked in, or otherwise handed over to the authorities of, a country in contravention of the principle of non-refoulement, or from which there is a risk of expulsion or return to another country in contravention of that principle. The special needs of children, victims of trafficking, persons in need of medical assistance, persons in need of international protection and other vulnerable persons shall be addressed in accordance with Union and international law."

      In addition, it is stipulated that the Agency shall draw up and further develop a Code of Conduct applicable to all operations coordinated by the Agency, which shall lay down procedures intended to guarantee the principles of the rule of law and respect for fundamental rights with particular focus on unaccompanied minors and vulnerable persons, as well as persons seeking international protection, applicable to all persons participating in the activities of the Agency.

      Furthermore, the text states that FRONTEX must  draw up and further develop and implement its Fundamental Rights Strategy, and put in place an effective mechanism to monitor the respect for fundamental rights in all its the activities. A Consultative Forum shall be established to assist the Director and the Management Board in fundamental rights matters.

      The Consultative Forum shall prepare an annual report of its activities. Those reports shall be made publicly available. A Fundamental Rights Officer shall be designated by the Management Board of the Agency. Both the Fundamental Rights Officer and the Consultative Forum shall have access to all information concerning respect for fundamental rights, in relation to all the activities of the Agency.

      The text adds that the home Member State shall provide for appropriate disciplinary or other measures in accordance with their law in case of violations of fundamental rights or international protection obligations in the course of such activities.

      Tasks: the amended text adds to the tasks of Frontex and states that FRONTEX shall also (i)  assist Member States in circumstances requiring increased technical and operational assistance at the external borders, taking into account that some situations may involve humanitarian emergencies and rescue at sea; (ii) assist Member States in circumstances requiring increased technical and operational assistance at external borders, especially those Member States facing specific and disproportionate pressures; (iii)  set up European Border Guard Teams that are to be deployed during joint operations, pilot projects and rapid interventions; (iv) deploy border guards from the European Border Guard Teams to Member States in joint operations, pilot projects or in rapid interventions in accordance with Regulation (EC) No 863/2007 on establishing a mechanism for the creation of Rapid Border Intervention Teams.

      European Border Guard Teams: the text merges provisions   for the setting up of Frontex Joint Support Teams and Rapid Border Intervention teams. Such Teams will be deployed during joint operations and pilot projects and rapid interventions.

      Member States shall contribute to the European Border Guard Teams via a national pool on the basis of the various defined profiles by nominating border guards corresponding to the required profiles. The Agency shall also contribute to the European Border Guard Teams with competent border guards seconded by the Member States as national experts. In accordance with agreements with FRONTEX, Member States shall make the border guards available for secondment, unless this would seriously affect the discharge of national tasks. In such situations Member States may recall their seconded border guards.

      The Agency shall inform the European Parliament on an annual basis of the number of border guards that each Member State has committed to the European Border Guard Teams

      Member States facing disproportionate pressures: the amended text stipulates that one or more Member States facing specific and disproportionate pressures and confronted with circumstances requiring increased technical and operational assistance when implementing their obligations with regard to control and surveillance of external borders may request the Agency for assistance. The Agency shall organise the appropriate technical and operational assistance for the requesting Member State(s).

      In this context, the text stipulates that at the request of a Member State faced with a situation of urgent and exceptional pressure, especially the arrival at points of the external borders of large numbers of third-country nationals trying to enter the territory of that Member State illegally, the Agency may deploy for a limited period one or more European Border Guard Teams on the territory of the requesting Member State for the appropriate duration in accordance Regulation (EC) No 863/2007.  If the Executive Director decides to deploy one or more teams, an operational plan shall immediately, and in any event no later than 5 working days of the date of the decision, be drawn up by the Agency and the requesting Member State.

      Training: the Agency shall provide border guards who are members of the European Border Guard Teams with advanced training relevant to their tasks and powers and shall conduct regular exercises with those border guards. It  shall also take the necessary initiatives to ensure that all border guards and other personnel of the Member States who participate in the European Border Guard Teams, as well as the staff of the Agency, shall, prior to their participation in operational activities organised by the Agency, have received training in relevant Union and international law, including fundamental rights and access to international protection and guidelines for the purpose of identifying persons seeking protection and directing them towards the appropriate facilities.

      Technical equipment: the new text gives FRONTEX the power to acquire, itself or in co-ownership with a Member State, or lease technical equipment for external border control. Any such expenditure shall be provided for in the Agency's budget as adopted by the Management Board.  Where the Agency acquires or leases major technical equipment, such as open sea and coastal patrol vessels or vehicles, to be used in joint operations, the following provisions apply: (i) in case of acquisition and co-ownership, the Agency agrees formally with one Member State that the latter will provide for the registration of the equipment in accordance with the applicable legislation of that Member State; (ii) in case of leasing, the equipment must be registered in a Member State. On the basis of a model agreement drawn up by the Agency, the Member State of registration and the Agency shall agree on modalities ensuring the periods of full availability of the co-owned assets for the Agency, as well as on the terms of use of the equipment.

      Processing personal data: FRONTEX is given the power to process personal data both in the context of joint return operations and in the case of data collected during joint operations, pilot projects and rapid interventions. In the latter case, the text states that the Agency may further process personal data collected by the Member States during such operational activities and transmitted to the Agency in order to contribute to the security of the external borders of Member States.  Such further processing of personal data by the Agency shall be limited to personal data regarding persons who are suspected on reasonable grounds of involvement in cross-border criminal activities, in facilitating illegal migration activities or in human trafficking activities. Such data  shall be further processed by the Agency only for the following purposes i) transmission, on a case by case basis, to Europol or other Union law enforcement agencies; ii)  use for the preparation of risk analyses.  The personal data shall not be used by the Agency for the purpose of investigations, which remain under the responsibility of the competent national authorities. Onward transmission of such personal data processed by the Agency to third countries or other third parties shall be prohibited.

      Scrutiny by Parliament: lastly, Parliament is given increased powers of scrutiny and the right to information. In addition, the European Parliament or the Council may invite the Executive Director of the Agency to report on the carrying out of his/her tasks, in particular on the implementation and monitoring of the Fundamental Rights Strategy, the general report of the Agency for the previous year, the work programme for the coming year and the Agency's multi-annual plan.

    body
    EP
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    2011-07-15
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      Committee report tabled for plenary, 1st reading/single reading
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    Committee report tabled for plenary, 1st reading/single reading
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    2011-09-13
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  • date
    2011-09-13
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    • url
      http://www.europarl.europa.eu/oeil/spdoc.do?i=20445&j=0&l=en
      type
      Commission response to text adopted in plenary
      title
      SP(2011)8584
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    EC
    commission
    • DG
      Justice
      Commissioner
      MALMSTRÖM Cecilia
    type
    Commission response to text adopted in plenary
  • body
    CSL
    date
    2011-09-26
    type
    CSL Final Agreement
  • date
    2011-10-10
    body
    type
    Act adopted by Council after Parliament's 1st reading
  • date
    2011-10-10
    body
    CSL
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    Council Meeting
    council
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    meeting_id
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  • date
    2011-10-25
    body
    type
    Final act signed
  • date
    2011-10-25
    body
    EP
    type
    End of procedure in Parliament
  • date
    2011-11-22
    text
    • PURPOSE: to amend Council Regulation (EC) No 2007/2004 establishing FRONTEX expanding the powers of the Agency.

      LEGISLATIVE ACT: Regulation (EU) No 1168/2011 of the European Parliament and of the Council amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union.

      BACKGROUND: Frontex was created in 2004 with the aim of coordinating and assisting Member States' actions in the surveillance and control of the external borders of the EU. The Agency officially became operational on 1 May 2005 and is based in Warsaw, Poland. In 2011, Frontex established a first regional operational office in Piraeus, Greece, on a pilot basis. Since Frontex became operational, its financial resources have increased significantly (from EUR 6 million in 2005 to EUR 86 million in 2011). In September 2011, the European Parliament also adopted Amending Budget No 4/2011 which adds another EUR 43.9 million to Frontex's 2011 budget due to a substantial increase in the agency's operational activities.

      Frontex's main tasks include the coordination of joint operations at the sea, land and air external borders, the coordination of joint return operations, the establishment of common training standards for national border guards and the carrying out of risk analyses. 

      The need for strengthening Frontex's role and its capacities as regards the fight against illegal immigration has been underlined by the Council and by the European Council at several occasions, including in the European Pact on Immigration and Asylum adopted in October 2008 and in the Stockholm Programme adopted in December 2009.

      As a consequence, in February 2010 the Commission tabled a proposal which formed the basis of the current agreement.

      CONTENT: following agreement at first reading with the European Parliament, the Council adopted new rules for Frontex, the European Agency for the management of operational cooperation at the external borders of the EU, amending Council Regulation (EC) No 2007/2004. The revised rules will strengthen the operational capacities of Frontex in a number of areas.

      Tasks: the new Regulation adds to the tasks of Frontex and states that FRONTEX shall also:

      ·        assist Member States in circumstances requiring increased technical and operational assistance at the external borders, taking into account that some situations may involve humanitarian emergencies and rescue at sea;

      ·        assist Member States in circumstances requiring increased technical and operational assistance at external borders, especially those Member States facing specific and disproportionate pressures;

      ·        set up European Border Guard Teams that are to be deployed during joint operations, pilot projects and rapid interventions;

      ·        deploy border guards from the European Border Guard Teams to Member States in joint operations, pilot projects or in rapid interventions in accordance with Regulation (EC) No 863/2007 on establishing a mechanism for the creation of Rapid Border Intervention Teams.

      The main changes from the 2004 Regulation are:

      ·        the possibility for Frontex of buying or leasing its own equipment (cars, vessels, helicopters etc.) or to buying such equipment in co-ownership with a Member State;

      ·        a mechanism for Member States to second national border guards and make available equipment to the Agency, i.e.: once the Agency and a Member State agree on an annual plan, this Member State should on request by Frontex make the border guards and the equipment available to Frontex as described in the annual plan, unless this would seriously affect the discharge of national tasks. The equipment put at the disposal of the Agency will be registered in a centralised records of a Technical Equipment Pool (TEP);

      ·        a joint leading role for the Agency regarding joint operations and pilot projects;

      ·        "European Border Guard Teams" is the common name for teams deployed during Frontex operations (be it joint operations, pilot projects or rapid border interventions); 

      ·        more detailed provisions on the operational plan (the respective tasks and responsibilities, the composition of the teams, command and control, the reporting mechanisms, i.e. evaluation and incident reporting, technical equipment, and the applicable jurisdiction.); 

      ·        strengthened provisions for the protection of fundamental rights, including the establishment of a Consultative Forum on Fundamental Rights and the designation of a Fundamental Rights Officer;

      ·        reinforced tasks for the Agency as regards risk analysis (i.e. to regularly assess the capacity of Member States to face threats and pressures at the external borders);

      ·        specific provisions on processing of personal data, including the possibility of transferring personal data to Europol or other EU law enforcement agencies regarding persons suspected of involvement in cross-border criminal activities, facilitation of illegal immigration activities or in human trafficking activities;

      ·        reinforced tasks as regards training (common core curricula for national border guards) and research activities (monitoring and contributing to developments in relevant research activities);

      ·        a strengthened coordinating role for Frontex as regards joint return operations in full respect for fundamental rights; and 

      ·        the possibility for the Agency of launching technical assistance projects and deploying liaison officers in third countries

      Fundamental rights:  the Agency shall fulfil its tasks in full compliance with Union law, including the Charter of Fundamental Rights of the European Union, international law, obligations related to access to international protection, in particular the principle of non-refoulement, and fundamental rights and taking into account the reports of the Consultative Forum. No person shall be disembarked in, or otherwise handed over to the authorities of, a country in contravention of the principle of non-refoulement, or from which there is a risk of expulsion or return to another country in contravention of that principle. The special needs of children, victims of trafficking, persons in need of medical assistance, persons in need of international protection and other vulnerable persons shall be addressed in accordance with Union and international law."

      In addition, it is stipulated that the Agency shall draw up and further develop a Code of Conduct applicable to all operations coordinated by the Agency, which shall lay down procedures intended to guarantee the principles of the rule of law and respect for fundamental rights with particular focus on unaccompanied minors and vulnerable persons, as well as persons seeking international protection, applicable to all persons participating in the activities of the Agency.

      Lastly, FRONTEX must draw up and further develop and implement its Fundamental Rights Strategy, and put in place an effective mechanism to monitor the respect for fundamental rights in all its the activities. A Consultative Forum shall be established to assist the Director and the Management Board in fundamental rights matters.

      ENTRY INTO FORCE: 12/12/2011.

    type
    Final act published in Official Journal
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committees added
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    AFET
    date
    2010-03-30
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    Foreign Affairs
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    • group
      Verts/ALE
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      LOCHBIHLER Barbara
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    DEVE
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    Civil Liberties, Justice and Home Affairs
    rapporteur
    • group
      EPP
      name
      BUSUTTIL Simon
links added
National parliaments
European Commission
other added
  • body
    EC
    dg
    Justice
    commissioner
    MALMSTRÖM Cecilia
procedure added
dossier_of_the_committee
LIBE/7/02367
reference
2010/0039(COD)
subtype
Legislation
legal_basis
stage_reached
Procedure completed
instrument
Regulation
title
External borders: mandate of the Agency for the Management of Operational Cooperation at the External Borders FRONTEX (amend. Regulation (EC) No 2007/2004)
type
COD - Ordinary legislative procedure (ex-codecision)
final
subject

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© European Union, 2011 – Source: European Parliament