The European Parliament's Civil Liberties Committee adopted on Monday evening, 11 February, its negotiating position on strengthening the capacity and mandate of the European Border and Coast Guard Agency (formerly Frontex - see EUROPE 12191).
By 35 votes to 9 with 8 abstentions, MEPs supported the objective of setting up a permanent body of 10,000 men. But this objective will have to be achieved more gradually, within 5 years of the entry into force of the rules and not in 2020 as initially proposed by the Commission (see EUROPE 12094).
An intermediate target of 5,000 operational staff from the Agency and the Member States was introduced 2 years after the entry into force of the future new rules. The same applies to a rapid reaction reserve for urgent border interventions.
This new permanent body could, at the request of a Member State, carry out missions to control the external borders of the European Union, manage migration or return migrants who are not eligible for protection in the EU.
The European Agency will also be able to support return procedures in Member States, for example by identifying third-country nationals residing illegally and assisting EU countries in obtaining travel documents for persons subject to the obligation to return.
The new rules will further strengthen cooperation between the Agency and the EU Asylum Agency (EASO).
With a new mandate, the Agency would also be able to organise joint operations with third countries beyond the current limitation to EU neighbouring countries, as added in a first reform of the Agency proposed in 2016. Such joint operations would thus be possible in North African countries or other Balkan countries.
But, as suggested by the office of Roberta Metsola (EPP, Malta), European Parliament rapporteur, MEPs rejected the Agency's ability to conduct operations to return illegal immigrants from third countries to third countries. Some political groups, such as the S&D, have raised questions of legality around this type of operation and the monitoring of respect for fundamental rights (see EUROPE 12191).
The ECR group criticised this choice, and considered that the committee had considerably weakened the original text by adding new safeguards for the respect of fundamental rights. Citing a missed opportunity, it believes that these bureaucratically cumbersome safeguards will prevent the Agency from improving its work at the EU's external borders.
It should be noted that the Civil Liberties Committee has also strengthened the requirements for the training and behaviour of agents conducting operations to return illegal migrants.
MEPs have until Wednesday 13 February to amend or oppose in plenary session the negotiating mandate given to Ms Metsola on Monday evening.
The EU Council, which reached a partial agreement on the text in December (see EUROPE 12154), has yet to adopt its formal position on the whole text so that interinstitutional negotiations can be opened with the European Parliament. (Original version in French by Solenn Paulic)