5: F R O N T E X •
EUROPEAN BORDER AND COAST GUARD AGENCY
To:
Frontex Consultative Forum on Fundamental Rights
Ms Marta Ballestero
Chairperson
Our ref: CAB/DED/ANK0/5164/2017
Please quote when replying.
Warsaw, 07 March 2017
Dear Ms Ballestero,
Dear Members of the Frontex Consultative Forum on Fundamental Rights,
I would like to thank you once again for the fruitful Consultative Forum meeting held on 2 February
2017. In response to your email addressed to DED on 03.02.2017 by the CF Secretariat, I hereby provide
you with the required additional further information related to the topics which were discussed during
the sessions.
1 )
Further information related to the Frontex reply to CF recommendation on Frontex activities
on HU-SE border
As outlined during the CF meeting and following the letter by the Frontex Executive Director dated 1
February 2017, there are in principle the two following options of addressing the challenges as described
in the CF recommendation of 14 November 2016: Either suspending Frontex operational action in case
of which the situation would become very difficult to assess and appropriate actions or follow up could
not take place properly, or - with all relevant safeguards - to continue our presence and to be able to
guide, support and observe in accordance with Frontex standards. This is why I decided to continue
Frontex operational tasks in this area.
Frontex reiterates its statement that the presence of members of the EBCG Teams and Frontex staff in
the Hungarian-Serbian border can actively contribute to minimize any possible risk as those highlighted
by the CF, as well as to provide an objective and reliable source of information on all the circumstances
on the ground. Their absence could in fact negatively impact the works and conditions in the area.
The continuation of Frontex operational activities in this area - even a step up of the support - is
important and was consulted with the Commission for ensuring the execution of EU law in terms of
proper border management at EU external borders. It is also advised in this context, that the Frontex
Fundamental Rights Officer is paying special attention to the implementation of the joint operations
and that any serious incidents reported to the Agency and/or complaints submitted are followed up
properly.
For incidents occurring outside of Frontex operational area, Frontex cannot take responsibility; in any
case the situation and fundamental rights aspects are discussed in different occasions through the
existing platforms and environments as well as ad hoc meetings also raising awareness of MS and main
stakeholders to identify possible mitigation measures.
Frontex - European Border and Coast Guard Agency
www.frontex.europa.eu I Pl. Europejski 6, 00-844 Warsaw, Poland I Tel. +48 22 205 95 00 I Fax +48 22 205 95 01
For information on safe third countries, the assessment of the respective EU MS is to be considered.
Hungary currently considers Serbia as safe third country, thus any requests in this context should be
directed to the responsible authorities in the respective MS. Frontex is not part of the process of the
declaration and thus cannot elaborate on the position of a certain MS regarding a safe 3rd country.
Frontex keeps its presence and continues to pay special attention to monitoring the situation and
ensuring the respect for fundamental rights in all activities carried out with the Agency's support.
Furthermore, the fundamental rights aspects are discussed and tabled with the MS, including in the
Frontex Management Board, COM, other EU Agencies and partner organizations meetings. Frontex own
as well as external sources serve to support Frontex assessment in case of serious concerns of violation
of fundamental rights.
2) Clarifications on Return issues:
In relation to Frontex return activities, I would like to provide you with following additional information
on the pre-return network as well as the role of Frontex in voluntary returns.
•
Information related to the pre-return network
Legal Framework: EBCG Regulation 2016/1624/EP ft EC
Art 27 (1a): "The Agency shall, with regard to return, and in accordance with the respect for
fundamental rights and general principles of Union law as well as for international law, including refugee
protection and children's rights, in particular: (a) coordinate at a technical and operational level return
related activities of the Member States, including voluntary departures, to achieve an integrated system
of return management among competent authorities of the Member States, with the participation of
relevant authorities of third countries and other relevant stakeholders".
Art 27 (3): "The Agency shall aim at building synergies and connecting Union-funded networks and
programmes in the field of return in close cooperation with the Commission and with the support of
relevant stakeholders, including the European Migration Network".
Concept:
In line with the enhanced activities of Frontex in the field of pre-return assistance and taking into
account the ongoing phase-in (FX) /phase-out (EURINT) process, there was a detected need of RSU for
having a respective network for dealing with pre-return matters. A new "Pre-Return Activities Network
(PRAN)" was established with MS actually by sharing the existing Eurint contact points in MS together
with 3 MS non-Eurint partners, HRV, CYP and SVK. PRAN is a single network of communication for all
pre-return related activities, such as invitations for meetings, TC identification missions, activities of
EU-programmes, inquiries, etc.
The main objective is to keep the form of the meeting interactive and promote the involvement of all
members in its activities while ensuring a more comprehensive exchange of information with Member
States in the field of pre-return as well as a more efficient and effective organization of the meetings.
•
Information related to the role of Frontex in voluntary returns, including the number of
operations conducted and number of returnees
Legal Framework: EBCG Regulation 2016/1624/EP ft EC
Art. 27 (1a): "The Agency shall, with regard to return, and in accordance with the respect for
fundamental rights and general principles of Union law as well as for international law, including refugee
protection and children's rights, in particular: (a) coordinate at a technical and operational level return
related activities of the Member States, including voluntary departures, to achieve an integrated system
of return management among competent authorities of the Member States, with the participation of
relevant authorities of third countries and other relevant stakeholders".
Frontex - European Border and Coast Guard Agency
www.frontex.europa.eu I Pl. Europejski 6, 00-844 Warsaw, Poland I Tel. +48 22 205 95 00 I Fax +48 22 205 95 01
Concept:
The term
voluntary departures implies that MS have already initiated a return procedure to a migrant
who has been given a period to voluntary leave the EU territory (Return Directive 2008/115/EC, Art 7)
from that moment Frontex can support MS in their needs to return irregular migrants.
In contrast to the term voluntary return, when there is no intervention from Migration Authorities and
migrants return, with or without assistance of NGOs or other organizations.
Voluntary Departure Statistics:
During 2016 Frontex supported seven National Return Operations (NROs), organised by Finland to Iraq,
returning a total of 342 migrants. This has been, until now, the only request from MS to support this
type of operations and it was possible before new regulation entered into force October 6th 2016, due
to an ED decision 2016. 36, March 2016, on the financing scheme for joint return operations and return
related activities.
We are closely coordinating with the European Commission on the relevant aspects and
we stand ready
to have further consultations with our partners, in particular the Consultative Forum, should need arise.
Yours sincerely,
'1�--
Fabrice Leggeri
Executive Director
Frontex - European Border and Coast Guard Agency
www.frontex.europa.eu I Pl. Europejski 6, 00-844 Warsaw, Poland I Tel. +48 22 205 95 00 I Fax +48 22 205 95 01