The EU’s border agency Frontex has not been sufficiently effective in helping member states and Schengen countries in managing the EU’s external frontiers, according to a special report published by the European Court of Auditors (ECA). 

Maltese European Court of Auditors member, Leo Brincat, who was responsible for the report, noted that Frontex’s support was not adequate to combat illegal immigration and cross-border crime.

He stopped short of stating that Frontex was not fit for purpose and explained that neither was the report saying it should be scrapped. “It should address its problems for its own good,” he said. 

Shortly before the publication of the report, Brincat told the media that the audit did not delve into allegations of human rights breaches by Frontex and its alleged illegal pushback. 

He said this was outside the remit of this report. 

What is Frontex?

Frontex was created in 2004 to address the EU’s border concerns, namely terrorism, trafficking, and migrant smuggling.

Its mandate has gradually expanded, as has its budget which increased exponentially from €19 million in 2006 to €460 million last year.

With a workforce of almost 750 in 2019, Brincat noted that this is fast becoming one of the largest EU agencies. 

“Frontex was biting more than it can chew. It went through too many changes too fast and increased its mandate without analysing its operations and performance. The net losers were not the stakeholders but Frontex itself,” he said, adding: “Frontex should ensure that all weaknesses are addressed as soon as possible.”

'Frontex did not fully implement mandate'

The report concluded that Frontex had not fully implemented the mandate it received in 2016 and there was doubt on its capacity to effectively implement the new operational role that had been assigned to it in 2019.

“Frontex’s tasks at the EU’s external borders are essential for the fight against cross-border crime and illegal immigration”, Brincat said.

“Nevertheless, Frontex is currently not discharging that duty effectively. This is especially worrying at a time when Frontex is being given added responsibilities.”

In 2016, Frontex received a clear mandate to support member states in combating illegal immigration and cross-border crime. However, the auditors found gaps and inconsistencies in the information exchange framework, which hinders the capacity of Frontex and the member states to monitor external borders and to respond when necessary. 

Moreover, risk analysis and vulnerability assessment activities are not always supported by complete and good-quality data. It found that the joint operations in the framework of the cross-border crime were not yet sufficiently developed in Frontex’s day-to-day activities.

The auditors also pointed out an absence of reporting on Frontex’s efficiency and costs.

'Frontex rarely analyses its performance or impact'

Although it communicates extensively about its activities, Frontex rarely analyses its performance or the impact of its activities. Nor does it provide information about the real cost of its joint operations.

The auditors found that the last external evaluation of Frontex was published in July 2015.

In addition, when the new regulation governing Frontex’s work was approved in 2019, no prior assessment had fed into it but it brought about a fundamental shift in Frontex’s activity, transforming its role from that of a support and coordination function into that of an operational service. 

To fulfil its new mandate, Frontex will have up to 10,000 operational staff at its disposal by 2027.

Its budget is also due to double to around €900 million yearly – a large figure which was decided without any attempt to determine what Frontex will need to carry out its new mandate, and without any assessment of its impact on member states, according to the audit. 

As a result, given that Frontex has not yet adapted to the requirements of its 2016 mandate, the auditors consider that it is not yet ready to implement its 2019 mandate effectively.

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