Does FRONTEX organize Joint Return Operations?

Well, no… Frontex just coordinates cooperation in this field – no, wait: provides necessary assistance for organizing… errh, these flights are rare anyway:

An original assignment of assisting return operations Article 9 of Council Regulation No. 2007/2004 authorises the Agency to “provide the necessary assistance for organising joint return operations of member states”. However, the article does not mention whether third countries can take part (or not) in these operations and projects. This original competence is the most widely discussed assignment of the Agency, especially as regards human rights, the increasing number of expulsions and the lack of common EU policy in immigration and asylum. Initially, the Commission proposal worded the definition of the task as ‘coordination’ of operational cooperation in the field of return operations. It notably referred to the establishment of a network of contact points, of a register to record existing resources and infrastructures or of guidelines and specific recommendations. Moreover, as the adoption of general provisions as regards return policy is not among the competences that can be borne by the Agency, the question of providing FRONTEX with a task of coordination/organisation of joint return operations was highly politicised and criticised – especially by the European Parliament. Indeed, the latter argued that it was premature to set up an operational structure in charge of return operations as there is not yet any EU common policy in asylum and immigration, in particular concerning the refugee status. Hence, the revised proposal no longer referred to any task of coordination or organisation. Finally, the FRONTEX regulation only mentioned the provision of ‘necessary assistance’, such as technical support or identification of best practices in the field of return operations and issuance of travel documents. However, the objective of the FRONTEX Agency is not to define a common return policy through the implementation of its task of assistance. In fact, this assignment concerns only a handful of operations per year, which are carefully registered.

The FRONTEX work programme for 2006 asserted the assistance of the Agency to 4 joint return operations, the work programme for 2007 plans assistance in 5-6 joint return operations organised by the Member States. Further, this year’s work programme describes Frontex tasks, notably “to coordinate joint return operations” and “to further implement pilot projects started in 2006 and launch new pilot projects” and allocates financial resources (300,000€).

Construction of a European Institutional Model for Managing Operational Cooperation at the EU’s External Borders: Is the FRONTEX Agency a decisive step forward? April 2007, by Jorry Hélène