Frontex and the use of force

With the „Standing Corps“, the EU has an armed police force for the first time. The use of guns and other means of coercion is to be monitored by a „Committee on the Use of Force“, whose members are selected by the Frontex director. This reinforces the control deficit at the biggest EU agency.

Until now, Frontex relied exclusively on personnel and equipment sent from EU member states in its operations. The border agency had its own staff of up to 1,500 officers, but they were only in civilian clothes and mainly deployed at the headquarters in Warsaw. In the meantime, Frontex has become the largest agency in the Union in terms of staff and budget. The budget for this year is 544 million Euros, for the next seven years Frontex will receive 5.6 billion Euros.

Most of the money is currently spent on a new border force to implement the strengthened mandate of the border agency. The Frontex Regulation, renewed two years ago, provides for the creation of a „Standing Corps“ of 10,000 officers, divided into four categories for short- and long-term missions. 3,000 „Category 1“ officers will be assigned directly to the headquarters in Warsaw as so-called statutory personnel. They wear Frontex uniforms and are allowed to use other means of coercion in addition to pistols. This is the first time the European Union has had an armed police force. „Frontex and the use of force“ weiterlesen

EU law: No one can stop Frontex

For the first time, the EU border agency commands and arms its own police force. Because its director is „fully independent“, this reinforces a glaring control deficit.

Frontex is an agency which was established by the Council of the European Union in 2004 with Regulation 2007/2004 without a parliamentary decision. It was only subsequently given parliamentary legitimacy within the framework of the Treaty of Lisbon by means of several amendments to the Regulation (first with the amending Regulation 1186/2011 on the basis of Article 77 (2) of the Treaty on the Functioning of the European Union).

Frontex’s governing body is the Executive Director, Fabrice Leggeri, and his now three deputies. Leggeri is, according to the current Regulation 2019/1896, „completely independent in the performance of his or her duties“ from the other EU institutions as well as from the member states. He may „neither seek nor take instructions from any government or from any other body“. This also applies to the agency as such, which „should be independent as regards operational and technical matters and have legal, administrative and financial autonomy“. „EU law: No one can stop Frontex“ weiterlesen

Shipowners are not allowed to bring refugees back to Libya

The disembarkation of rescued refugees in Libya is punishable under German law, including for merchant ships. This is documented by a Bundestag assessment. However, the Foreign Office and the public prosecutors are not interested in pursuing captains and shipowners

The central Mediterranean is probably one of the best monitored sea areas in the world. The border agency Frontex runs the border police operation „Themis“ there, the External Action Service is responsible for the military operation „EUNAVFOR MED“. In addition to large and small aircraft and ships, submarines, drones and satellite surveillance are used. In addition, NATO is also stationed in the Mediterranean with its „Sea Guardian“ mission an its „Standing NATO Maritime Group“. „Shipowners are not allowed to bring refugees back to Libya“ weiterlesen

Frontex Aerial Service: Reconnaissance for the so-called Libyan coast guard

The EU Border Agency charters private aircraft to monitor the EU’s external borders. First Italy and Croatia have ordered the flights, now Frontex also flies in the Aegean Sea, above the Black Sea and the Atlantic Ocean. The service will soon be supplemented by large drones.

Five years ago, Frontex installed a new service for the monitoring of the EU’s external borders. For flights of this „Frontex Aerial Surveillance Service“ (FASS), the agency charters twin-engine airplanes from European companies. Initially, the private aircraft were deployed on EU missions in the maritime „pre-frontier area“ of the European Union. These missions „Poseidon“, „Themis“ and „Indalo“ are under the leadership of Greece, Italy and Spain. Normally, all planes and helicopters inserted there come from police or border police from the EU Member States.

With the FASS airplanes, Frontex for the first time used their own assets, which is possible after a change of the Frontex regulation in 2016. Since 2017, Frontex offers the FASS service in bilateral agreements to EU Member States. Their operational differs from a regular Frontex mission, the agency sends the chartered surveillance flights in the central Mediterranean also to the Libyan Sea rescue zone and thus further south than in „Themis“. „Frontex Aerial Service: Reconnaissance for the so-called Libyan coast guard“ weiterlesen

Frontex aircraft: Below the radar against international law

For three years, Frontex has been chartering small aircraft for the surveillance of the EU’s external borders. First Italy was thus supported, then Croatia followed. Frontex keeps the planes details secret, and the companies also switch off the transponders for position display during operations.

The European Commission does not want to make public which private surveillance planes Frontex uses in the Mediterranean. In the non-public answer to a parliamentary question, the EU border agency writes that the information on the aircraft is „commercially confidential“ as it contains „personal data and sensitive operational information“.

Frontex offers EU member states the option of monitoring their external borders using aircraft. For this „Frontex Aerial Surveillance Service“ (FASS), Frontex charters twin-engined airplanes from European companies. Italy first made use of the service in 2017, followed a year later by Croatia. In 2018, Frontex carried out at least 1,800 flight hours under the FASS, no figures are yet available for 2019. „Frontex aircraft: Below the radar against international law“ weiterlesen

Frontex stations long-endurance drones in the Mediterranean Sea

For the next two years, the EU Commission is looking for an operator of large drones at airports in Malta, Italy or Greece. They should remain in the air for at least 20 hours and carry up to 230 kilograms of surveillance equipment. The high requirements are likely to lead to a competition between companies from the USA and Israel.

The new Frontex regulation came into force on 4 December. The border agency of the European Union wants to build up a „Standing Corps“ of 10,000 police officers by 2027. In this way, Frontex is to become a „European Border Police“ and will be given powers that were previously reserved for the EU member states. The agency, based in Warsaw, can now conduct its own operations and use police coercive measures. This affects joint operations at the EU’s external borders as well as deportations. „Frontex stations long-endurance drones in the Mediterranean Sea“ weiterlesen

Does Frontex arrange illegal push backs?

The EU Border Agency’s air surveillance could have triggered unlawful deportations at external borders. Such operations took place off Libya and Bosnia-Herzegovina.

For two years now, the Frontex Border Agency has been offering EU Member States the possibility of airborne monitoring of their external borders. The flights of this „Multipurpose Aerial Surveillance“ (MAS) are part of the surveillance system EUROSUR, with which Frontex monitors all external borders of the European Union and its „pre-frontier area“. EUROSUR provides so called Fusion Services, including satellite reconnaissance and drone flights.

Frontex installed the manned air surveillance service in the summer of 2017. The agency therefore commissioned a charter company in an operating agreement to fly a twin-engine aircraft of the type „Diamond DA-42“ . Their recorded video data will be transmitted in real time to the Frontex headquarters in Warsaw. Several national EUROSUR contact points, including in Spain, Portugal and Italy, can also receive the live images. „Does Frontex arrange illegal push backs?“ weiterlesen