In the middle of a pandemic, Frontex is changing 

Frontex members patrol the Albanian-Greek border at Kapshticë near Korce, Albania, July 23, 2019. REUTERS / Florion Goga

Text by: Juliette Gheerbrant Follow

The closing of borders and confinement due to the coronavirus crisis have halted population movements across much of the planet; and in the European Union, according to Frontex, very few migrants arrived illegally in April: 900, almost 85% less than in March.

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► The European border surveillance agency remains mobilized and continues in particular its transformation: 2020 is a pivotal year for its executive director, Fabrice Leggeri, with the creation of the permanent body of European border and coast guards.

RFI: Fabrice Leggeri, how do you envisage the reopening of the external borders after this unprecedented crisis in the Schengen area ?

We will of course apply the usual procedures of the Schengen code, but we can anticipate that the question of the pandemic will remain topical. And we will probably strengthen the health dimension of control at the external borders. Until now, it has been mainly focused on migration and security issues. But we can see that there is important work to be done on this subject with the national health authorities but also at the level of the European Union. Frontex has been contributing to this since the start of the pandemic and it is likely that this containment will have a lasting impact.

According to an internal report quoted by certain European newspapers, Frontex expects a new influx of migrants on the border between Turkey and Greece, the operations are maintained ?

We made this assessment on the one hand in view of the number of irregular migrants who wanted to enter Greece at the time when the Turkish authorities - and in particular President Erdogan - announced that the borders were open and that all the migrants who wished could enter the EU. On the other hand, the lack of mobility during the coronavirus crisis means that there are migrants who want to move on the side of smugglers and criminal organizations that they are going to try to make up for. Finally, there is the background to the repeated statements by President Erdogan saying that, after Covid-19, the borders would once again be open to Europe. Admittedly, there may be some changes to be expected, but I think that we must remain vigilant and that is why as the agency's executive director, with the Greek authorities, I decided to maintain the rapid intervention operation at the land and sea borders of Greece. This operation, which began in early March, has been renewed until early June and we are planning a possible extension until early July. For the moment, around 600 coast and border guards are deployed in Greece, which also shows that the Covid-19 crisis did not prevent us from maintaining this presence, which is necessary to deal with the uncertainties of the recovery of the mobility.

What about the Mediterranean ? The crossings continue, how do you intervene ?

We have maintained Frontex operations in Spain and Italy with a slightly reduced staff because the authorities have indicated to us that due to the decrease in arrivals it was less necessary to have a large presence, nevertheless a hundred guards - border coasts are present in Italy and Spain. We have planes that do aerial surveillance and when we detect boats in difficulty or even in the process of going to sea we warn the maritime rescue coordination centers in the region. In any case, we notify the maritime rescue centers in Italy and Malta, and when the migrant boats are closer to the North African coast, we inform the Tripoli maritime rescue center and the coordination center for relief from Tunisia. We apply international law, since these countries have declared a maritime rescue zone which is within their competence and that we must share information with them in real time. Frontex does not currently have boats deployed in this area, and in general the interceptions or rescues that have taken place are going well outside the operational area of ​​Themis (name of the joint operation with Italy). On the other hand, in terms of aerial surveillance, we are deploying our resources far beyond, so we can fairly easily monitor what is happening in the rescue zone declared by Libya. 2020 is a pivotal year for Frontex, with the creation of a permanent body of European coast and border guards. Now armed and in uniform, they will be placed under the direct authority of the European Union.

What do you expect from this transformation

With the European Border Guard we will no longer have to beg for the deployment of staff to the Member States

Fabrice Leggeri, Executive Director of Frontex

First of all, I want to confirm that the European corps will be well deployed from January 1, 2021. We are currently recruiting, we have had approximately 7,500 candidates for a first wave of 700 recruitments so we have l assurance of having quality candidates. This European armament directly employed by Frontex will allow us to be much more flexible, and to act according to needs without being obliged to beg for the deployment of personnel by the Member States. In addition, he will also have equipment: we are in the process of acquiring our own cars for ground surveillance, also our own means of aerial surveillance - planes, drones and balloons.

What will be its missions ?

We will essentially help states in three registers: first detect and deal with irregular immigration, which includes border detection, registration, and for those who are not eligible for asylum, the organization of return in the country of origin. Then there is the security register, which for two or three years has been in development, it is the fight against international crime. Finally, good management of the external borders is good management of the mobility of people: this is the third register. It is important to have external borders that operate quickly (it is also an element of economic competitiveness) in a reliable manner, with the assurance that all security and immigration checks are carried out. And maybe we will add more sanitary controls following the pandemic. We know that there are 6,000 to 7,000 border guards missing across Europe. We will therefore be able to support the Member States. Either on a medium or long term for countries like Greece or Italy, which regularly face migration crises, or occasionally for other countries of the EU or the Schengen area which sometimes have weaknesses in border surveillance (understaffing or logistical problems). As the texts say, the external border is a common border and its management is a shared function between the States and the European Union. 

So are we going to see Frontex uniformed agents at European airports ?

Yes, there are already at Roissy, Frankfurt or other airports. For the moment, it's mainly for risk analysis and training, but that's exactly it: you will see more and more European border guards in uniform in regular official places of passage. is the meaning of the creation of the European body.

Let us take again the case of the border between Greece and Turkey: cases of ill-treatment of migrants have been reported, people robbed, sexual violence, a migrant died from live ammunition…

The Greek government has denied that people have been killed by the Greek police, this is a very formal denial.

It is not known, in fact, to whom they are attributed, but there have been real gunshots documented by the media and NGOs. When the armed force of European border guards intervenes on the ground, how will you organize the sharing of responsibilities and command with the national authorities? 

As in current operations, we will have an operational plan jointly decided by the agency and the host country of the operation (objectives, operational resources). There will be a number of rules of good conduct and rules of engagement for the use of force, and daily tactical command for the implementation of operations will be under the national authority of the host State. . So if we are in Greece, the Greek police give the command, if we are at Roissy airport, it is the French border police. But obviously, there will be more and more a kind of double checking: the agency will ensure the good discipline of its agents and will also ensure that the instructions given by the national authorities are indeed in accordance with the operational plan .

In the event of an incident, typically in the event of a disproportionate use of force which could go as far as the illegitimate use of a firearm, there will be a supervision mechanism which will apply to Frontex personnel: is the executive director of the agency who will investigate in association with the host State to conclude whether there has been a fault, whether a penalty is required. In addition, there will still be border guards made available by the Member States, who will not be part of the permanent body. As far as they are concerned, in the event of a problem, the authorities of their country will be involved in the process. 

Who does the agency report to?

For me Frontex is an example of good responsibility and reporting. The Management Board brings together all the Schengen Member States and Associated States, plus the European Commission. I go as executive director on average 5 times a year to the Civil Liberties Committee of the European Parliament, as well as to the hearings of the Budget Committee. There is both democratic control and control over the proper administration of public funds.

Are you sometimes criticized for lacking transparency ?

I know that some are a little frustrated, but there were 1,600 documents released last year as part of the access to public documents procedure (which allows each citizen to have access to documents provided that they are not classified and do not endanger public safety or disclose personal data). It is completely false to say that Frontex is not transparent. Honestly, I have never seen in the national administration such a system.

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