APPENDIX 2: CALL FOR EVIDENCE
Sub-Committee F (Home Affairs) of the House of Lords
Select Committee on the European Union is conducting an inquiry
into Frontex, the European Agency for the Management of Operational
Cooperation at the External Borders of the EU Member States.
Frontex was established on 1 May 2005 by Council
Regulation (EC) 2007/2004 and started work in October 2005. One
of its main tasks is to co-ordinate joint operations by Member
States at the external sea, land and air borders of the EU. To
date, Frontex has managed several such operations on the main
land and sea routes of irregular migration to the EU, and at key
EU transit and destination airports. The UK is excluded from the
Frontex Regulation (although it is challenging this exclusion
before the European Court of Justice) but participates in joint
operations on a case-by-case basis.
The management of the EU's external borders, particularly
the Southern maritime border, has become a high priority for the
Union with the continuous flow of irregular migrants from West
Africa to the Canary Islands and from North Africa to Italy and
Malta, and the countless deaths from attempting these journeys
on unseaworthy boats. Although responsibility for the control
and surveillance of external borders lies with the Member States,
Frontex is increasingly coming under pressure to act comprehensively
in all border management matters. Accordingly, the Agency's mandate
and powers are expanding fast, as are its economic and personnel
resources, and its operational means. The Regulation establishing
Rapid Border Intervention Teams (RABITs) is only one example.
The Commission first advocated the setting up of
an external borders agency in 2002, and this proposal was the
subject of an earlier report of the Committee. The aim of the
present inquiry is to examine where and how Frontex operates at
a practical level, its decision-making structure and lines of
accountability, and whether it has made any impact in reducing
irregular migration; and to make recommendations on the future
development of the Agency so that it can fulfil its mandate more
effectively.
Written evidence is invited on all aspects of the
subject. The Sub-Committee would particularly welcome comments
on:
- whether Frontex staffing and funding
are adequate to enable it to carry out its tasks;
- whether the institutional and legal framework
ensures adequate accountability of Frontex activities;
- the legal framework for border guards' exercise
of control and surveillance powers in the course of Frontex operations;
- whether and how international obligations with
regard to search and rescue at sea affect the Agency;
- whether it is practical to retain a distinction
at operational level between preventing irregular immigration
and preventing crime;
- the number and nature of working agreements Frontex
has in place with Member States, third countries, EU agencies
and international bodies;
- whether there is sufficient cooperation from
Member States in terms of personnel and equipment for joint operations;
- how Frontex pools information from the Member
States to carry out risk analyses;
- the extent of Frontex involvement in surveillance
operations;
- how Frontex joint operations are planned and
mounted;
- how Frontex joint operations are monitored and
the outcomes evaluated;
- whether there is, or should be, any involvement
of, or assistance from, the military in Frontex operations;
- the disadvantages, if any, to the UK in not participating
in Frontex, and how the Advocate-General's Opinion in the case
challenging its exclusion from Frontex affects its current position;
- how the Agency's role should develop in the future.
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