The current Frontex Regulation entered into force in 2019. Since then, the Agency’s role has expanded in response to developments affecting the EU’s external borders, including the COVID-19 pandemic, Russia’s war of aggression against Ukraine and attempts to instrumentalise migration. The Commission considers that further changes to the Agency’s mandate and operational capacity are needed to address evolving border-management challenges and support the implementation of the EU’s common return policy.

The proposed revision of the Frontex Regulation focuses on three main areas:

• Increased resources and operational capacity: The Commission proposes to gradually increase the Agency’s standing corps to 30.000 officers by 2041. This would include doubling Frontex’s own staff to 6.000 and establishing a new European Border and Return Reserve comprising 17.000 officers, in addition to the 7.000 officers seconded by Member States.
   
• A stronger role in returns: A dedicated Return Coordination Centre would collect and analyse information on Member States’ return needs and support the different stages of the return process. Frontex would also be able to organise and carry out return operations from one non-EU country to another, subject to a specific agreement at EU level and compliance with fundamental rights and the principle of non-refoulement.
   
• Enhanced crisis response and online monitoring: The proposal provides for an Online Monitoring and Response Centre, with a mandate to monitor publicly accessible social media content and identify developments relevant to external border management. It also establishes a Quick Reaction Force that could be deployed at short notice, potentially within 24 hours, following a request from a Member State.

Alongside this proposal, the Commission has put forward a separate Regulation to digitalise return, readmission and reintegration procedures, aiming to facilitate information exchange, simplify administrative processes and improve the management of individual return cases.

The proposals have prompted concerns from several civil society organisations and other stakeholders. Regarding fundamental rights and accountability, Amnesty International and Front-LEX have raised concerns about the expansion of Frontex’s operational powers, particularly in third countries, and the adequacy of safeguards and oversight mechanisms. Regarding online monitoring, the Chair of the OSCE Parliamentary Assembly’s Ad Hoc Committee on Migration has highlighted potential implications for privacy, data protection and freedom of expression, calling for a clear legal basis and independent oversight. PICUM and Members of the European Parliament from different political groups have also questioned the implications of the proposed expansion of the Agency’s powers. 

The proposals will now be examined by the European Parliament and the Council.

For further details, please the press release from the European Commission, and the proposals attached below.