Busuttil calls for European border guard system

MEP Simon Busuttil is proposing the establishment of a European Union Border Guard System that would bolster the EU's external border agency, Frontex.

Dr Busuttil presented his proposal in a draft report on the review of the 2004 legislation that set up the Agency. The report draws lessons from the first years of experiences of the Agency and gives it a renewed mandate with more resources and tools to become more effective.

Dr Busuttil is the European Parliament's rapporteur on this review and this is the first time that a Maltese MEP is leading a dossier where the European Parliament has full co-decision powers with the Council of Ministers.

In his 55-page report presented last Monday in the European Parliament's Civil Liberties Committee, Dr Busuttil tabled 68 amendments to the law. The amendments will now be discussed in the committee and later in the parliamentary plenary.

"I welcome the Commission proposal to review Frontex and I hope to improve it through a series of amendments that are contained in my report" Dr Busuttil said.

"Frontex must be available at all times when needed, including in situations of emergency. Europe can no longer look on powerless at emergency situations because it is unable to muster resources or pool assets. Frontex must therefore have the necessary means and equipment to deliver in a timely and efficient manner and its founding legislation must be changed to help us get there." he said.

On his proposal to establish a European Union Border Guard System, Dr Busuttil said this would be composed of all national border guards who participate in Frontex missions, such as joint operations and rapid intervention teams. The EU Border Guard System would also include border guards who are seconded by individual Member States. On their part, EU countries will be obliged, by law, to participate in the system under the principle of "compulsory solidarity".

In his report Dr Busuttil also supports the European Commission's proposal to grant Frontex the power to purchase or lease its own equipment in order to enable it to better respond to challenges at the Union's external borders.

Dr Busuttil also inserts a specific reference in the mandate of the agency requiring it to take special account of EU Member States that face specific pressures at their borders, and to assist them accordingly.

"Frontex should also be ready to assist Member States in circumstances requiring increased technical and operational assistance at external borders, especially those Member States facing specific and disproportionate pressures. In so doing, the Agency should embody European solidarity. Pooled resources should be brought together to support Member States in difficulties, particularly at the Union’s vulnerable external borders." he said.

He also wants to grant the agency the power to process personal data collected during its operations in order to help it play a stronger role in combating cross-border crime and illegal immigration.

Busuttil's proposals on Frontex at a glance:

1. Strengthen the provisions on fundamental human rights in the law.

2. Merge the articles providing for the setting up of Frontex Joint Support Teams and Rapid Border Intervention teams into one article providing for a EU Border Guard System which will consist of a pool of national border guards that can be tapped by the Agency for the purposes of its joint operations, rapid border intervention missions and pilot projects. This will streamline the provisions of the regulation, increase transparency, avoid duplication and confusion of roles and most importantly, give a clearer European identity to the Agency’s missions.

3. Support the Commission's proposal to require Member State to participate in the EU Border Guard System through national border guards of their own, the compulsory-solidarity clause - and to equip the Agency with the means to purchase or lease its own equipment.

4. Mandate the Agency to pay special attention to Member States which are facing specific and disproportionate burdens on their national asylum systems.

5. Tighten the timeframes within which rapid border intervention missions should be deployed. All deadlines for action are reduced so that rapid border interventions can truly cater for emergency situations.

6. Introduce a role for Frontex in assisting with voluntary returns over and above the role of the agency for other returns.

7. Introduce a reference to regional operational offices based on the recent experience of the opening of the first regional operational office in Greece.

8. Grant the Agency the power to process personal data in order to enable it to play a greater role in combating cross-border crime and irregular migration. At the same time, provide for due safeguards on the protection of personal data. Thus, data should be processed for limited purposes, namely for situations regarding persons whom there are reasonable grounds to suspect involvement in cross-border criminal activities, in irregular migration activities or in human trafficking activities, persons who are victims of such activities and whose data may lead to the perpetrators of such illegal activities as well as persons who are subject to return operations in which the Agency is involved. There should be strict criteria as to how this data should be handled.

9. Increase the democratic scrutiny of the Agency by giving the European Parliament a greater role to monitor the work of the Agency, including on its working arrangements with third countries.

10. Require the review of the Agency’s mandate, in five years, to analyse the further development of the EU Border Guard System.