An EU border guard system

A lot of ink has flowed in this paper on the EU’s external borders agency, Frontex. In Malta, we know a thing or two about it based on our experience and it is obvious we would like this agency to be more effective. An opportunity has now arisen to do just this.

Earlier this year, EU Commissioner Cecilia Malmström tabled a draft law to review the mandate of the agency in light of its first years of experience since it was first set up in 2004. I was asked to handle this dossier in the European Parliament as rapporteur and to prepare the Parliament’s amendments to the Commission’s proposal.

Last week, I presented my report during a sitting of the Civil Liberties Committee. The European Parliament has full co-decision powers with the Council of Ministers and, therefore, our amendments cannot be ignored.

I drew up my report on the basis of several consultation meetings with the agency itself, with fellow MEPs, with individual member states including (but not limited to) Malta, as well as with the Commission. I also met organisations representing migrants’ interests.

This work has taken me the best part of the last three months.

My report contains as many as 68 amendments to the law. These will now be discussed in Committee.

Needless to say, the thrust of my amendments is to strengthen the agency in order to enable it to become more effective and to provide us with more tools and resources to help it do so. There are three key points that I would like to highlight.

The first is my proposal to establish an EU border guard system that would bolster the agency’s missions.

This would be composed of all national border guards that participate in Frontex missions, such as joint operations and rapid intervention teams deployed in emergency situations. It would also include border guards seconded by individual member states to the agency.

On the basis of the principle of “compulsory solidarity”, EU countries will be obliged, by law, to participate in the system and even to deliver the assets and technical equipment they commit.

This obligation is critical if we want an agency that can deliver because, until now, it was all too often stuck because of member states’ reluctance to participate in its missions.

Although Frontex already musters border guard teams and runs its missions, the title EU border guard system should replace the existing jargon, which has no real meaning to the public. Thus, the terms Frontex joint support teams, which are deployed in Frontex operations, and rapid border intervention teams, which are deployed in emergency situations, should be replaced by the more easily understandable banner of EU border guard system. For, ultimately, national border guards that participate in Frontex missions are acting as EU border guards. We should, therefore, call them by their name.

However, this change is not just about semantics. It is also intended to streamline the provisions of the Frontex regulation to make it more clear, to avoid duplication and confusion of roles and, most importantly, to give a clearer European identity and visibility to the agency and its missions.

The second important point is that the agency will now be able to purchase or lease its own equipment.

This is a proposal that came from the Commission and I fully endorse it because it will help the agency act faster, especially in emergency situations, as it would be able to rely on its own assets. Although this will require an appropriate budget, it is envisaged the agency should only procure minimum needs, relying on member states’ assets for additional resources.

Ultimately, Frontex must be available when it is needed for Europe can no longer look on powerless at emergency situations because it is unable to muster resources or pool assets.

A third important change is to include in the mandate of the agency a specific responsibility to take special account of EU member states that face specific pressures at their borders and to assist them accordingly. Yes, this should stand to reason but, until now, it was not clearly spelt out. That will now change.

I am also proposing to give 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. I am also shortening the deadlines for the agency to deploy the EU border guards in emergency cases and, finally, I am proposing the agency should do more on return operations and also take the lead in coordinating voluntary return operations, which are not just more humane but are also likely to be more effective.

You can see a copy of my report on www.simonbusuttil.eu and you can send me feedback on contact@simonbusuttil.eu.

Dr Busuttil is a Nationalist member of the European Parliament.