European Border and Coast Guard Agency
In December 2015, the Commission put forward a proposal on establishing a European Border and Coast Guard with the aim of reinforcing the management and security of the EU’s external borders and supporting national border guards.
The new agency, which was launched in October 2016, united Frontex and the national authorities responsible for border management. There are plans to give the agency a standing corps of 10,000 border guards by 2027. The agency also has a stronger mandate on returns and cooperates more closely with non-EU countries.
Following accusations of the agency not complying with its own rules, Parliament established in January 2021 the Frontex Scrutiny Working Group to monitor all aspects of its work, including compliance with fundamental rights.
In December 2023, MEPs called for Frontex to do more to improve EU countries’ capacity to carry out search and rescue at sea, but also to scale down its operations in EU countries which do not respect EU principles and values to mere monitoring and presence on the ground.
Integrated Border Management Fund
In a resolution adopted in July 2021, Parliament approved the renewed Integrated Border Management Fund (IBMF) and agreed to allocate €6.24 billion to it. The new fund should help to enhance member states’ capacities in external border management while ensuring fundamental rights are respected. It will also contribute to a common, harmonised visa policy, and introduce protective measures for vulnerable people arriving in Europe, notably unaccompanied children.
The fund will work closely with the new Internal Security Fund, focusing on tackling terrorism, organised crime and cybercrime. The Internal Security Fund was also approved by Parliament in July 2021 with a budget of €1.9 billion.
Internal border controls
As an alternative to internal border controls, the new rules promote police cooperation in border regions to address unauthorised movements within the Schengen area. Apprehended non-EU citizens with irregular status often arrive from another EU country so if the two countries hold joint patrols, the irregular migrants may be transferred back to the first EU country. During negotiations, MEPs pushed for additional safeguards when it comes to minors.
MEPs insisted on clear criteria for imposing internal border controls in response to serious threats. A justified reason, such as an identified and immediate threat of terrorism, is required before internal border controls can be introduced and such controls would have a time limit of up to two years. If the threat persists, border controls could be extended by one more year.
The new rules also lay out procedures available to Schengen countries in situations of migrant instrumentalisation, including limiting border-crossing points.
Returning irregular migrants more efficiently
European travel document for the return of migrants with irregular status
In September 2016, Parliament approved a Commission proposal for a standard EU travel document to speed up the return of non-EU nationals staying irregularly in the EU without valid passports or identity cards. The regulation has been applicable since April 2017.
The Schengen Information System
The Schengen Information System was reinforced in November 2018 to help EU countries with the return of ilrregularly staying non-EU nationals to their country of origin. It now includes:
- alerts on return decisions by EU countries
- national authorities responsible for issuing return decisions having access to data from the Schengen Information System
- safeguards to protect migrants’ fundamental rights
EU Return Directive
The EU Return Directive is the main piece of legislation that sets out the procedures and criteria that EU countries must implement when returning people from outside the EU who have been staying irregularly.
The key features of the Return Directive include a general rule of allowing the irregularly staying person to leave voluntarily, a minimum set of basic rights for irregularly staying migrants, limitations on coercive measures and detention, as well as an entry ban throughout the EU following a return.
In a report adopted in December 2020, MEPs called for the better implementation of the EU Return Directive, urging EU countries to respect fundamental rights and procedural safeguards when applying EU legislation on returns, as well as prioritise voluntary returns.