The Commission proposes to strengthen Frontex in the areas of border protection, returns and crisis management

The European Commission is proposing to further strengthen Frontex, boosting its capacity to protect the external borders and making it the EU’s leading actor in the field of returns.

The EU has made significant progress on migration: illegal border crossings have fallen by more than half over the last two years, and the return rate has risen to over 30 per cent. However, our common external borders are being put to the test by a changing geopolitical and security environment, which calls for a stronger and more effective European response.

Frontex already plays a key role in supporting Member States in managing Europe’s external borders and protecting the Schengen area. The new rules will build on this role, further strengthening the Agency’s mandate, enabling it to act more swiftly and effectively, and making it easier for Member States to make full use of its tools and services. Key new features include: a reinforced Standing Corps, comprising a new European Border and Return Reserve, a Rapid Reaction Force to intervene in crisis situations, and a new Online Monitoring Centre for the early detection of potential threats to our borders. Frontex will have a dedicated Return Coordination Centre and will now be able to assist in carrying out returns from third countries.

Ursula von der Leyen, President of the European Commission, stated:

“Europe will always defend the protection of its borders. Europe decides who enters our Union and under what circumstances. That is why, today, we are proposing to strengthen Frontex so that it can provide support to Member States whenever necessary, including on returns, with the mandate and capabilities required by this new reality.”

To implement the new EU rules on returns, the Commission is also proposing a Regulation to digitise returns, readmission and reintegration. This will simplify and streamline the management of returns across the EU, reducing the administrative burden and providing a single digital interface for the entire return process.

The proposals put forward fulfil the commitments announced in the 2024–2029 political guidelines and reiterated by President von der Leyen in this year’s State of the Union address, to strengthen Frontex and, in particular, to speed up returns.

A new Frontex regulation

Member States bear the primary responsibility for border protection and the return of persons without the right of residence. The proposal will ensure a comprehensive approach by Frontex to assist them in fulfilling this responsibility: Frontex will be able to anticipate challenges more quickly and provide tailored support to Member States where and when they need it. The Regulation sets out three priorities:

1. Pooled resources and operational capabilities: Frontex brings together resources, specialist expertise and operational capacity that no single Member State could maintain on its own. To ensure a high and uniform standard of border control across the Union, the Commission proposes:

• • Frontex’s permanent staff will be gradually increased to 30,000 officers through the creation of a new ‘European Border and Return Reserve’ comprising 17,000 officers who will remain at the disposal of Member States and may be deployed when necessary. This is in addition to the doubling of Frontex’s own staff and the 7,000 officers already seconded by Member States.
  • Easier access to state-of-the-art equipment and technology. Frontex will be able to purchase, lease and co-own equipment, as well as carry out, coordinate or participate in joint procurement with Member States. Frontex will be able to act as a central procurement body, including for digital tools and those using artificial intelligence.

2. Stronger returns policy: Frontex will play a more proactive and strategic role in leading return operations across the EU, maximising the effectiveness and cost-efficiency of its support, through:

• • A dedicated Return Coordination Centre will be responsible for gathering and analysing operational information, as well as supporting planning and coordination. Frontex’s support will cover the entire return process, from early identification and advice on voluntary return through to the conduct of return operations and the provision of reintegration assistance.
  • Frontex will be able to provide third countries with both technical and operational support on returns. It will be able to help organise and carry out return operations in third countries, subject to the conclusion of an agreement with the country concerned, whilst respecting fundamental rights and international standards.

3. Effective crisis response: Frontex will be able to help identify dangerous trends at an early stage and intervene rapidly in the event of an emergency or crisis. This also follows on from the lessons learnt from this year’s Ceuta crisis.

• • A specialised online monitoring and response centre with the explicit mandate for Frontex to monitor content on publicly accessible social media, detect events relevant to the management of external borders, and support actions against illegal online content linked to risks to border security.
  • A Rapid Reaction Force will be deployedto the external border at very short notice to help Member States respond swiftly to any crisis or emergency at the external borders. The decision to deploy it may be taken by the Executive Director of Frontex [AG1] following a request from a Member State facing an emergency situation.
  • Improving the exchange of information in crisis situations, including an obligation for Member States to report incidents that may have a significant impact on the EU’s borders within 24 hours via the EUROSUR network .

Digitisation of returns

In parallel with the proposal for the Frontex Regulation, and following the entry into force of the new Return Regulation on 16 October, the Commission is proposing a new Regulation to digitise return, readmission and reintegration procedures across the EU. The aim is to modernise the management of return cases, simplify and streamline administrative procedures through digitalisation, reduce the administrative burden and improve data collection and exchange.

The new rules will also strengthen Frontex’s role in developing a new EU digital architecture for Member States and will support the new Return Regulation, whilst complying with data protection rules and fundamental rights.

Next steps

It is now up to the European Parliament and the Council to reach an agreement on the proposals. The Commission will support the co-legislators in taking the negotiations on both regulations forward.

Background

The European Border and Coast Guard Agency (Frontex) is a decentralised agency which, since 2005, has been supporting EU Member States and Schengen-associated countries in managing the EU’s external borders and combating cross-border crime, as well as in the return of non-EU nationals without the right of residence in the EU. Frontex also plays a key role in search and rescue operations, supporting Member States in saving lives at sea.

The current Frontex Regulation came into force in 2019. Since then, Frontex’s role has grown steadily, in light of the unprecedented challenges posed by the COVID-19 pandemic, Russia’s war of aggression against Ukraine and attempts to exploit migration at the EU’s external borders.

Integrated and effective management of Europe’s borders and an efficient return policy are mutually reinforcing and fundamental to the Schengen area. Frontex works continuously to develop capabilities, sharing information and expertise with all Member States and with neighbouring non-EU countries affected by migration trends and cross-border crime. All of this is carried out with full respect for fundamental rights and human dignity, which are intrinsically linked to Frontex’s mandate and operations.

 

More information: European Commission