Frontex Regulation delivers overall positive assessment despite challenges

On 2 February, the Commission adopted the evaluation of the European Border and Coast Guard Regulation (Frontex Regulation) together with an Action Plan to support its implementation. With this first evaluation of the Frontex regulation, which is a legal obligation, the Commission has assessed the impact, effectiveness and efficiency of Frontex.

Ensuring a robust and efficient management of the EU’s common external borders has been a key priority of this Commission, in line with European integrate border management concept. Frontex plays a decisive part in this effort by supporting the Member States in managing the external borders and addressing migratory challenges, in full compliance with fundamental rights.

I. Main findings of the evaluation

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.

• Operational support: Since 2019, the Agency has stepped up its operational support to Member States and these activities have clear added value for Member States. Frontex provides extensive assistance to Member States through joint operations and rapid border interventions, including technical and operational assistance in the support of search and rescue operations.
• Standing Corps: The Standing Corps gives Frontex a unique tool to support Member States on the ground in their efforts to protect the external borders, fight cross-border crime (including migrant smuggling, trafficking in human beings, terrorism and hybrid threats), and significantly step up the effective and sustainable return of irregular migrants. The setting up and deployment of the Standing Corps is taking place gradually to reach 10 000 members by 2027.
• Returns: With its strengthened mandate, the Agency is better supporting Member States to implementing return measures and increased its activities in the area of reintegration. During the evaluation period, the Agency has become increasingly proactive in proposing operational support to Member States in this field.
• Cooperation with partner countries: Cooperation with partner countries has gradually increased as well. In 2022, Frontex reinforced its  engagement in partner countries by expanding its operational area and strengthening its operational capacity. As of October 2023, Frontex had nearly 600 staff deployed across ten joint operations in eight third countries.
• Fundamental rights: Frontex is governed by a strong fundamental rights framework that ensures the respect for fundamental rights in all its activities. Since 2021, Frontex has actively developed its internal rules to enhance the respect, protection, and promotion of fundamental rights during joint activities. Furthermore, fundamental rights monitors accompany Frontex’s border guards to all their deployments.

The evaluation also identified areas where further improvement is needed. For instance, the evaluation highlighted the importance of fully implementing the Agency’s new organisational structure, including the Standing Corps, so it can achieve its core mandate to ensure effective external border control and to assist Member States with this task. It also identified delays in setting out plans for the Agency’s capabilities such as assets and staff in the area of border management and returns. Finally, the evaluation also concluded that more strategic guidance is needed for Frontex’s return-related activities.

II. Action Plan and recommendations

To mitigate and address the challenges identified, the Commission also proposed an action plan to support the implementation of the Frontex Regulation, with a number of recommendations to be implemented by the Agency, its Management Board, Member States and the Commission. The Action Plan focuses on 9 main areas:

• Governance and organisational structure of the Agency;
• Operations;
• Returns;
• Situational awareness;
• Integrated border management;
• Capability development;
• Cooperation with agencies and third countries;
• Fundamental rights and
• Data protection.

III. Next steps  

The Commission will closely follow the implementation of the Action Plan and may propose any adjustments, including of a legislative nature, as may be required in the future.

The Commission will work with Member States and the Agency to address identified shortcomings and closely monitor the action plan’s implementation.

Background 

On  the  12  September  2018,  the  Commission came  forward  with  a  proposal  for  a  new Regulation on the European Border and Coast Guard as part of the initiatives aiming to develop  that long-term migration policy. The Commission will be required to carry out evaluations on the effectiveness and efficiency of Frontex every four years, and present its findings to the European Parliament, Council and Frontex Management Board.

For More Information

Report on the evaluation of the European Border and Coast Guard Regulation

Action plan to support the implementation of the EBCG Regulation

Effective management of external borders – European Commission (europa.eu)