Brussels, 06/07/2016 (Agence Europe) - On Wednesday 6 July, the European Parliament set in stone the interinstitutional agreement on the proposal for a regulation establishing a European Border and Coast Guard in the autumn (EUROPE 11579, 11578).
Based on the experience of the Frontex agency for managing the European Union's external borders, the European Border and Coast Guard will have renewed means through a permanent reserve of 1,500 border guards from the member states, who will be made available should there be need. This new agency will of course take action in cases of sudden inflows of migrants, but will also take action to fight against “cross-border crime and terrorist threats”, the rapporteur on this issue, Artis Pabrikis (EPP, Latvia), stated.
The future European Border Guard will carry out vulnerability assessments on the ability of member states to manage the EU's external borders. Under the terms of the compromise reached between the European Parliament and the Council of the EU, the results of these vulnerability assessments will have to be sent to the member states and MEPs every six months at the latest. This assessment arrangement will enable the Council to take a decision on the future agency's intervention at a specific point on the EU's external borders.
When there is migration pressure, a member state will be able to ask for the help of the European Border and Coast Guard, and an operational plan will be drawn up with it and approved by the requesting state. The decision would then involve sending rapid intervention teams within seven days and equipment within ten days, according to Pabrikis.
A right to take action which upholds national sovereignty. The text approved by the European Parliament provides for the European Border and Coast Guard to be able to decide on taking action when a state does not take the necessary correctional measures in cases of difficulty. The text also provides for the European Border and Coast Guard to identify measures, for the state and with state, to remedy the problems noted at the EU's external borders. “Will it damage national sovereignty? No it will not”, Pabrikis stated.
In concrete terms, this decision to take action can be taken by qualified majority, without the consent of the country concerned being required. However, from an operational point of view, it is difficult to imagine intervention teams entering a country that is opposed to this, out of respect for its sovereignty. Nevertheless, should a state refuse to cooperate, the other member states in the Schengen free movement area will be able to decide, on the basis of a Commission proposal for a recommendation, to re-establish temporary control of the internal borders. The negotiators were thus able to establish a link with the Schengen Border Code (Article 29) authorising controls for up to two years (EUROPE 11546).
The permanent reserve of 1,500 border guards will be financed by the European budget when teams are mobilised. Member states will have to notify their contribution to this reserve every year.
With regard to migrant returns operations, the European Parliament negotiators succeeded in weakening the Commission's initial proposal - with no returns office being planned any longer. The new European Border and Coast Guard will now just help the member states organise their operations for returning irregular migrants to their country of origin. Despite the Council's resolve, the European Border and Coast Guard will not be involved in returns operations from a third country to other third countries.
The Greens/EFA and GUE/NGL groups have criticised the creation of this European “deportation” agency for migrants who are not able to claim international protection. (Original version in French by Solenn Paulic)