In a first evaluation published on Monday 5 February, the Commission concluded that the latest European Border and Coast Guard Agency, Frontex, regulation adopted in 2021, has had “overall positive” results.
On 2 February, it also adopted an action plan to improve its implementation.
“The evaluation finds that, despite significant challenges including the Covid-19 pandemic, the instrumentalisation of migration and Russia’s war of aggression against Ukraine, Frontex has significantly contributed to strengthening the management of the EU’s external borders in full compliance with fundamental rights”.
Since 2019, the Agency has stepped up its operational support to the Member States, with “clear added value” for them.
“Cooperation with partner countries has gradually increased as well. [...] As of October 2023, Frontex had nearly 600 staff deployed across ten joint operations in eight third countries.”
According to the evaluation report, by 2023 the Agency had launched 24 joint operations, compared with 15 in 2020, 19 in 2021 and 20 in 2022, and had deployed 2,874 personnel by mid-October 2023, compared with 1,122 in 2020.
By 2022, it had supported the effective return of 24,868 third-country nationals, an increase of 36% compared with 2021.
On respect for fundamental rights, the evaluation notes that “the Agency’s compliance with EU and international law, in particular the fundamental rights framework in place in Frontex, effectively contributes to the prevention of fundamental rights violations in the context of the provision of the support to Member States and third countries”.
Since 2021, Frontex has “actively and effectively developed its internal rules, practices and training of the Standing Corps so as to enhance the respect, protection and promotion of fundamental rights in all its activities.”
But on the question of the extent to which Frontex can be held responsible for the actions of Member States during joint activities, the report notes that Article 46 of the Frontex Regulation, which allows activities in a Member State to be suspended or terminated, should “only be used as a last resort, as the evaluation suggests that Frontex’s presence can positively contribute to greater overall compliance with fundamental rights”.
On this point, however, the Action Plan recommendation is to “review and, where necessary, strengthen the effectiveness, independence and timeliness of the investigations of possible fundamental rights violations committed by the staff of the national authorities of Member States”.
It also recommends reviewing the complaints mechanism and the Serious Incident Reporting (SIR) mechanism.
With regard to Article 46, the Action plan recommends ensuring “that all operational plans require the regular assessment of the fundamental rights risks associated with, and the fundamental rights compliance of, every Frontex operational activity”.
Links to the report and action plan: https://aeur.eu/f/apn ; https://aeur.eu/f/apl (Original version in French by Solenn Paulic)