Communication from the Commission to the Council - Reinforcing the management of the European Union's Southern Maritime Borders
Date: 2006-11-30
Institutions: European Commission
Subjects: EU migration policy, area of freedom, security and justice, external border of the EU, illegal migration, maritime surveillance

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 30.11.2006 
COM(2006) 733 final 

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL  

Reinforcing the management of the European Union's Southern Maritime Borders  

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COMMUNICATION FROM THE COMMISSION TO THE COUNCIL  

Reinforcing the management of the European Union's Southern Maritime Borders  

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Since  the  Tampere  Programme  of  1999,  the  management  of  the  external  borders 
has  been  one  of  the  cornerstones  of  the  progressive  establishment  of  the  European 
Union as an area of freedom, security and justice. The Commission's Communication 
"Towards integrated management of the external borders of the Member States of the 
European Union" set out priorities for the development of integrated management of 
the  external  borders,  focusing  on  a  common  body  of  legislation,  operational 
cooperation between Member States and solidarity between Member States and the 
Community. The goals of the 2002 Communication have now broadly been reached 
with  the  entry  into  force  of  the  Schengen  Borders  Code,  the  establishment  of  the 
European  Agency  for  the  Management  of  Operational  Cooperation  at  the  External 
Borders  of  the  Member  States  of  the  European  Union  (FRONTEX)  and  the 
forthcoming  adoption  of  the  External  Borders  Fund  which  will  enter  into  force  in 
2007.  

The Hague Programme of 2004 builds upon the Tampere Programme, mapping the 
development  of  a  "second  generation"  of  measures  designed  to  strengthen 
management  of  the  external  borders  in  general.  In  2005,  the  European  Council 
agreed  on  a  Global  Approach  to  Migration,  including  the  management  of  the 
southern maritime external borders and setting out a set of priority measures which 
should be implemented before the end of 2006.  

In  its  Conclusions  of  5  October  20061,  the  Council  invites  the  Commission  "with 
the cooperation of FRONTEX and taking into account the responsibilities of Member 
States,  the  feasibility  study  on  the  establishment  of  a  Mediterranean  Coastal  Patrol 
Network  (MEDSEA)  and  experience  gained  in  joint  operations,  to  present  a 
Communication  to  the  Council  before  the  end  of  2006  identifying  those  further 
operational measures that can be taken in the short-term to equip the Union with the 
necessary  capacity  to  help  assist  in  preventing  and  managing  migration  crisis 
situations". 

Reinforcing  the  management  of  the  southern  external  maritime  borders  is  essential 
for  further  developing  a European  model  for  integrated  border  management.  A 
number  of  general  principles  have  been  devised  during  the  Finnish  Presidency.  In 
particular, the management of the European Union's external borders is based on the 
principles  of  solidarity,  mutual  trust  and  co-responsibility  among  Member  States, 
founded  on  full  respect  for  human  rights.  It  is  also  stressed  that  Member  States 
should  develop  and  maintain  operational  and  managerial  resources  for  credible 
operational control of their borders and allowing for joint operations in cooperation 
with FRONTEX. Measures concerning maritime borders should also be seen in the 
wider  context  of  the  Green  Paper  on  a  future  EU  Maritime  Policy  concerning  a 

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Doc.13559/06 JAI 489 MIGR 149 FRONT 199 COMIX 801 of 4 October 2006 

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broader rationalisation of EU  Governments' off-shore activities and convergence of 
surveillance systems.2  

The  pressure  of  illegal  migration  on  the  Member  States  of  the  European  Union 
situated in the Mediterranean and Atlantic region in the last two years has reached an 
unprecedented  high,  requiring  immediate  and  decisive  action  at  both  national  and 
European  levels,  in  order  to  safeguard  the  Schengen  system  and  prevent  further 
tragedy among illegal migrants who die in large numbers in attempting to reach the 
shores of the European Union. 

In  this  context,  it  is  of  the  utmost  importance  that  all  Member  States  of  the  Union 
continue to work together in a spirit of solidarity, not least to assist those southern 
Member  States  most  affected  by  illegal  migration  from  Africa,  while  taking  into 
account the necessary steps already taken or to be taken in order to face the equally 
important  migration  challenges  at  the  eastern  and  south  eastern  borders  of  the 
European Union.  

Statistics  on  numbers  of  arrivals  in  Spain  (Canary  Islands),  Italy  and  Malta  during  2006  compared  with 
2005.The  figures  given  below  have  been  obtained  in  connection  with  operations  HERA  II  and  NAUITLUS 
and are the latest available. Figures for Greece and Cyprus are not available.  

Source: 
FRONTEX
Illegal migrants arriving by sea  

ITALY - Sicily incl. Lampedusa  

Jan- Aug 06  

14,567 

total 2005  

22,939

Jan- Jul 06  

SPAIN - the Canaries  
total 2005  

17,058 

11,781

MALTA 

Jan- Aug 06  

1,502 

total 2005 

1,822

The  steadily  increasing  migration  pressure  from  sub-Saharan  Africa  means  that  the 
European  Union  is  faced  with  a  major  challenge:  on  the  one  hand,  there  is  a  clear 
need to cooperate with African and Middle Eastern transit countries to deal with 
the issue of illegal migrants; on the other hand, the required levels of operational and 
political cooperation with those countries cannot be established overnight, although 
they are being gradually built on the basis of dialogue and cooperation on migration 
issues carried out in the framework of Euro Mediterranean Association Agreements 
and European Neighbourhood Policy (ENP) Action Plans. 

As  regards  control  of  the  maritime  borders,  it  is  therefore  necessary  for  the 
European  Union 
identifying  a  set  of 
complementary measures which can be implemented separately: 

two-pronged  approach 

to  adopt  a 

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COM(2006) 275 final 

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–  Operational measures to fight illegal immigration, protect refugees and reinforce 
control  and  surveillance  of  the  external  maritime  border  which  can  be 
implemented immediately, and 

–  Building  on  the  existing  relations  and  practical  cooperation  already  established 
with the third countries, pursuing and strengthening our dialogue and cooperation 
with  third  countries  on  these  operational  measures  in  the  context  of  the 
Association  Agreements  and  ENP  Action  Plans  as  well  as  in  the  context  of  the 
Cotonou Agreement.  

This  Communication  focuses  on  the  first  part  of  this  two-pronged  approach, 
setting  out  the  Commission's  main  recommendations  designed  to  improve  the 
management of the southern maritime external borders.  

As irregular maritime immigration at the European Union's southern maritime 
external borders is a mixed phenomenon, comprising both illegal immigrants with 
no  particular  protection  needs  and  refugees  in  need  of  international  protection,  the 
response  of  the  Union  must  be  targeted  accordingly.  Asylum  must  be  an  important 
feature  of  the  response,  and  an  effective  option  for  persons  requiring  international 
protection. To this end, it is necessary to ensure coherent and effective application of 
the Member States' protection obligations in the context of measures relating to the 
interception  and  rescue  at  sea  of  persons  who  may  be  in  need  of  international 
protection,  as  well  as  the  prompt  identification  of  persons  with  protection  needs  at 
reception sites following disembarkation. It should be underlined, that third countries 
are, of course, under the same obligations in this respect. 

Obviously,  FRONTEX  can  play  a  crucial  role  in  providing  technical  assistance 
aimed  at  strengthening  the  management  of  operational  cooperation  at  the  external 
borders while bearing in mind that the responsibility for control and surveillance of 
the external borders remain with the Member States. The Member States must thus 
also  organise  their  services  internally  in  the  most  efficient  way,  including  by 
considering  the  establishment  of  national  coordination  centres  for  the  purpose  of 
strengthening  inter-agency  cooperation  as  suggested  in  the  MEDSEA  study.  It 
should be borne in mind that the Agency will be able to deliver tangible results 
only  if  Member  States  are  committed  and  determined  to  give  FRONTEX  the 
necessary human resources and technical assets for joint operations. The active 
participation of Member States in operational activities managed by FRONTEX is in 
itself  a  tangible  measure  of  solidarity,  putting  the  common  responsibility  for  the 
management of the external borders into practice.  

The operations coordinated and managed by FRONTEX, which have already taken 
place, notably HERA II and NAUTILUS, will be evaluated by the Agency in view of 
improving the efficiency of future operational  activities of this  type, thus taking 
into account the lessons learnt. It is already clear that FRONTEX has played a useful 
role in supporting operations as well as contacts with third countries. In this context, 
it will also be necessary to regularly review the situation of FRONTEX in terms of 
personnel and other resources relevant for the operational capacity of the Agency. 

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Finally  the  health  dimension  of  migration  should  be  given  due  consideration. 
Member  States  have  responsibility  for  providing  preventive  care  and  medical 
treatment to migrant populations. The European Union has the obligation to ensure 

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1. 

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that  all  its  policies  –  including  migration  policies  –  provide  a  high  level  of  health 
protection.  

MAXIMISING THE CAPACITY OF FRONTEX  

Risk analysis is at the very heart of operational cooperation at the external borders 
and  one  of  the  key  tasks  of  FRONTEX.  To  ensure  a  coherent  management  of  the 
external  borders  in  normal  situations,  but  also  to  prevent  and  manage  critical 
situations more efficiently, the Agency must have access to all relevant information 
sources  for  the  purpose  of  producing  both  targeted  and  general  risk  analyses. 
Currently, FRONTEX does not have direct access to the information gathered in the 
framework  of  the  Member  States'  Immigration  Liaison  Officers'  ("ILO") 
networks.  Accordingly,  and  in  the  context  of  the  assessment  of  the  ILO  networks 
currently  before  the  Council,  the  Commission  proposes  to  amend  Regulation  (EC) 
No 377/2004 on the creation of the Immigration Liaison Officers' Network in order 
to give FRONTEX access to the information gathered by the liaison officers on a 
systematic  basis  and  allow  for  the  participation  of  FRONTEX,  alongside  the 
Commission,  in  meetings  organised  in  the  framework  of  the  Immigration  Liaison 
Officers'  Network.  The  feasibility  of  enabling  liaison  officers  deployed  in  third 
countries  to  carry  out  tasks  directly  for  the  relevant  Institutions  and  bodies 
established under the EU/EC Treaties, in particular the Commission and FRONTEX, 
as well as for other Member States than their own, seems indispensable, but requires 
further consideration with Member States. 

To  facilitate  the  exchange  of  information  between  all  relevant  actors,  the 
Commission  has  also  concluded  a  Memorandum  of  Understanding  with 
FRONTEX  in  order  to  grant  it  access  to  ICONet,  thus  enabling  the  Agency  to 
supply  to,  and  gather  information  from,  the  secure  web-based  Information  and  Co-
ordination  Network  for  Member  States’  Migration  Management  Services3.  The 
objective of ICONet is to facilitate exchange of information on irregular migration, 
illegal  entry  and  immigration  and  the  return  of  illegal  residents.  This  development 
should  substantially  contribute  to  an  even  more  effective  flow  of  information  and 
operational co-operation between Member States and FRONTEX.  

FRONTEX, together with Member States, should take the necessary steps to activate 
Article 7 of Regulation (EC) No 2007/2004 establishing FRONTEX. This provision 
allows  for  the  pooling  of  technical  equipment  under  FRONTEX  management 
and constitutes an important solidarity measure, since the equipment can temporarily 
be put at the disposal of other Member States on their request and following a needs 
and  risk  assessment  carried  out  by  the  Agency.  However,  the  system  established 
under Article 7 is based solely on voluntary contributions by Member States and thus 
depends  on  their  goodwill  and  the  availability  of  the  equipment  in  question.  The 
Council,  in  its  conclusions  of  5  and  6  October  2006  on  reinforcing  the  southern 
external  maritime  borders,  invites  FRONTEX  to  activate  Article  7  urgently  and 
furthermore  encourages  Member  States  to  contribute  actively  to  the  creation  of  an 
extensive central pool of assets and equipment available in particular for operational 
needs at the maritime borders by summer 2007. In order to respond to this invitation, 

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OJ L 83 1.4.2005, p.48. 

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the  Commission  considers  that  FRONTEX  should  report  to  the  Council  and  the 
Commission on the implementation of Article 7 on a regular basis. 

When Member States in the region are faced with a critical situation such as the mass 
influx  of  illegal  immigrants,  the  capacity  of  the  future  Coastal  Patrol  Network  (see 
section 3.1.) should be reinforced to deal with the situation. This can be done in the 
framework  of  the  Commission's  proposal  for  the  creation  of  Rapid  Border 
Intervention Teams4  as  well  as  by  stepping  up  the  normal  patrolling  activities  and 
improving  the  ability  of  Member  States  to  identify  persons  and  carry  out  an  initial 
assessment of their situation. 

For  this  purpose  the  Agency  should  establish  at  its  headquarters  the  necessary 
facilities  for  the  real  time  coordination  between  Member  States,  including 
communications  with  the  proposed  regional  command  centres  at  the  southern 
external  maritime  borders,  the  Commission  and  relevant  bodies  of  the  European 
Union and the Community as well as possible external partners, such as the United 
Nations  High  Commissioner  for  Refugees  (UNHCR)  and 
the  International 
Organisation for Migration (IOM). FRONTEX is encouraged to enter into technical 
cooperation with relevant European and Community agencies and bodies, including 
EUROPOL,  the  European  Satellite  Centre  (EUSC),  the  European  Defence  Agency 
(EDA),  The  European  Maritime  Safety  Agency  (EMSA),  the  European  Space 
Agency  (ESA),  and  the  European  Centre  for  Diseases  Control  (ECDC),  taking  due 
account of the rules applicable to them.  

The  framework  for  cooperation  between  FRONTEX  and  the  above-mentioned 
international organisations could be defined in a working arrangement as provided 
for by Article 13 of Regulation (EC) No 2007/2004 establishing FRONTEX. In the 
case  of  UNHCR  and  IOM,  such  arrangements  could  involve  the  appointment  by 
UNHCR and IOM of contact points to the Agency, and should identify in particular 
the  modalities  and  areas  for  cooperation  and  the  tasks  attributed  to  these  contact 
points,  while  fully  ensuring  the  confidentiality  of  information  shared  with  or 
communicated to UNHCR and IOM. 

As far as joint operations are concerned, FRONTEX should look into the feasibility 
of continuously carrying out control and surveillance operations at the southern 
maritime external borders in particular during the period from spring till late autumn 
2007,  thus  covering  the  season  during  which  most  illegal  immigrants  attempt  to 
come  by  boat  to  the  European  Union  from  Africa.  Apart  from  leading  to  the 
interception  of  more  boats  with  illegal  immigrants  on  board  and  contributing  to 
saving  lives  at  sea,  continuous  operational  activities  will  also  act  as  a  deterrent, 
thereby  diminishing  the  pressure  on  this  part  of  the  external  borders  and  prevent 
potentially critical situations from escalating to the levels registered this year. 

This  should  be  done  taking  into  account  the  risks  related  to  the  re-routing  of  the 
flows and so the transfer of the migratory pressure to other Member States or third 
countries not prepared to face them. Experience shows that the constant pressure 
of  illegal  immigration  will  lead  to  displacement  effects  along  the  external 
borders:  as  soon  as  one  illegal  immigration  route  has  been  closed  down,  the 

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COM(2006) 401 final of 19 July 2006 

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smuggling  networks  will  attempt  to  open  new  routes  or  use  other  methods  and 
techniques. Consequently, it is also necessary to step up controls at, and surveillance 
of,  other  parts  of  the  Union's  external  borders.  Hence,  the  work  of  ILO's  (see 
paragraph  13  above)  is  crucial  in  providing  up-to-date  information  on  migration 
routes to Member States, the Commission and FRONTEX.  

2. 

NEW TOOLS FOR THE NEXT GENERATION OF INTEGRATED BORDER MANAGEMENT  

2.1. 

A Coastal Patrol Network 

22. 

23. 

The feasibility study entitled "MEDSEA" presented by FRONTEX on 14 July 2006 
as part of the implementation of the Global Approach to Migration points to the need 
for  a  permanent  Coastal  Patrol  Network  for  the  southern  maritime  external 
borders. The Commission believes that this patrol network would have a real added 
value,  making  it  possible  for  Member  States  to  coordinate  their  patrol  schedules, 
pool their civilian and military assets and exchange strategic and tactical information 
in real time. The network should be established and managed by FRONTEX together 
with the Member States of the region as soon as possible. Although this could also be 
seen as a possible forerunner of a fully fledged European Coast Guard Service, this 
will  need  further  consideration  and  the  feasibility  of  establishing  such  a  service  is 
currently under examination by the Commission in a wider context, (Green Paper on 
a future Maritime Policy adopted by the Commission on 6 June 2006.) 

To  this  end,  serious  consideration  should  be  given  to  the  feasibility  of  establishing 
several regional command centres at the southern maritime external borders staffed 
and equipped by Member States and coordinated by FRONTEX. In practical terms, 
the  southern  maritime  external  borders  would  be  divided  into  a  number  of  patrol 
zones  covering  the  Canary  Islands,  the  western,  central  and  eastern  Mediterranean 
Sea. These zones would be patrolled by Member States under the coordination of the 
regional command centre. The Agency may also consider in the longer term setting 
up a specialised branch for maritime borders in the region to manage these command 
centres.  The  regional  centre  structure  would  mainly  be  used  for  the  day-to-day 
patrols, but could also play a role in the implementation of joint maritime operations 
managed by FRONTEX. When and where appropriate, neighbouring third countries 
in the region would be invited to participate in the patrol network. This model was in 
fact already proposed  in  the feasibility study prepared  by CIVIPOL Conseil for the 
Commission in 2003 on the control of the maritime borders of the European Union5 
and  it  could  be  applied  mutatis  mutandis,  in  particular  taking  into  account  the 
enlargement of the Union in 2004 and in 2007 and the establishment of FRONTEX. 

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Étude de faisabilité relative au contrôle des frontières maritimes de l'Union européenne, rapport final 1er 
septembre 2003 

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Illustration of the proposed structure for a Coastal Patrol Network: 

2.2. 

A European surveillance system 

24. 

To  improve  further  the  surveillance  of  the  southern  maritime  external  borders  a 
common  European  Surveillance  System  for  Borders  (EUROSUR)  should  be 
created  following,  in  particular,  the  recommendations  of  the  "BORTEC"  feasibility 
study to be presented by FRONTEX before the end of 2006. EUROSUR could in a 
first  stage  focus  on  synergies  created  by  linking  the  existing  national  surveillance 
systems currently in use at the southern maritime external borders. In a second stage, 
however,  it  should  gradually  replace  national  surveillance  systems  at  land  and 
maritime borders, providing a cost-efficient solution, including e. g. a combination of 
radar  and  satellite  surveillance  at  European  level,  taking  into  account  on-going 
developments  realised  in  the  framework  of  GMES  (Global  Monitoring  for 
Environment and Security. EUROSUR will benefit from experience at national and 
European  level  with  similar  surveillance  systems;  possible  synergies  with  existing 
European  surveillance  systems  for  other  purposes  should  also  be  explored.  In  the 
maritime  domain,  the  vessel  monitoring  system  SafeSeaNet  is  currently  under 
development  together  with  the  Member  States.  The  system  aims  at  providing 
information  on  ships'  movements  and  their  cargoes.  EUROSUR  might  add  to  the 
effectiveness  of  SafeSeaNet,  if  the  systems  recognise  each  other  and  cooperate. 
Finally,  the  possibility  for  participation  of  neighbouring  third  countries  in 
EUROSUR should be considered.  

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2.3. 

Improving the capacity to deal with mixed flows 

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29. 

One of the major challenges of effective management of large mixed migratory flows 
resides  in  the  prompt  initial  assessment  of  individual  cases  at  points  of  arrival, 
including the identification of persons who may seek international protection, or who 
may  be  returned  to  their  countries  of  origin  or  transit,  and  the  subsequent  efficient 
handling  of  individual  cases,  including  the  assessment  of  the  health  conditions  of 
immigrants  and  refugees  as  well  as  any  related  epidemiologic  situation.  .  Such 
processing  should  also  enable  the  authorities  to  address  the  specific  situation  of 
unaccompanied minors.  

Member  States  facing  particular  strains  on  their  capacities  to  perform  this  initial 
assessment  should  be  able  to  make  use  of  the  expertise  and  manpower  currently 
existing in other Member States. To this end, it is necessary to create a mechanism 
allowing for an efficient sharing of available resources, which are currently limited. 
Such  a  mechanism,  based  on  a  voluntary  pooling  of  resources,  would  be  an 
additional, tangible expression of solidarity between Member States.6 

The provision of rapid and well targeted operational assistance to the Member States 
concerned through the establishment and management of a pool of experts from 
Member  States'  administrations  who  can  be  made  available  for  deployment  at 
short  notice  could  therefore  be  explored.  The  asylum  expert  teams  that  would  be 
established  from  this  pool  would  be  called  to  assist  on  a  temporary  basis  the 
requesting Member State in performing this initial profiling through the provision, in 
particular, of interpretation services, case working and country of origin expertise. 

The composition of the pool of experts should be flexible, drawing on a wide range 
of skills and expertise so as to be able to effectively address the needs of requesting 
Member States. The participation of officials of relevant international organisations 
(e.g. UNHCR) in this pool of experts could also be envisaged.This expertise should 
cover  health  issues.  In  the  context  of  identification  of  health  related  questions, 
strengthening communication mechanisms should be part  of the proposed  activities 
and  mechanism  of  collaboration.  Member  States  should  implement  in  this  context 
Decision No  2119/98/EC7 on surveillance of Communicable  Diseases and  its Early 
Warning  and  Response  System  (EWRS  –  Decision  No  2000/57/EC8)  with  the 
support of the ECDC.  

In the short term, the Commission encourages Member States as well as international 
organisations to make use of relevant Community funding instruments to launch 
these  teams  on  a  project  basis.  Well  planned  projects  of  this  kind  could  thereby 
play an important role in crisis preparedness. Accordingly, the deployment of asylum 
expert  teams  should  in  any  case  be  coordinated  with  the  operational  activities  of 
FRONTEX at the southern maritime external borders to ensure an efficient handling 
of critical situations. For the future, reflections should continue on the role which 
a  possible  European  support  office  for  all  forms  of  cooperation  between 

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Cf. Communication form the Commission to the Council and the European Parliament on strengthened 
practical cooperation. New structures, new approaches: Improving the quality of decision making in the 
Common European Asylum System COM(2006) 67 final of 17 February 2006 
OJ L 268, 3.10.1998, p. 1 - 7 
OJ L 21, 26.1.2000, p. 32 - 35 

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32. 

33. 

Member  States  relating  to  the  Common  European  Asylum,  as  indicated  in  the 
Hague  Programme,  System  could  play  for  the  setting  up  and  coordination  of  such 
teams.  The  possibility  of  making  use  of  the  General  Directors  of  Immigration 
Services Conference (GDISC) for the coordination of the teams in a transitory phase 
should also be considered in the coming months.  

In this context, a more structured contribution by UNHCR to the activities and 
operations  implemented  under  the  coordination  of  FRONTEX  should  be 
explored  in  order  to  help  ensure  that  protection  obligations  flowing  from  the  EU 
acquis and international refugee and human rights law constitute a key element of all 
border management strategies and measures undertaken in this context. The various 
training  activities  for  border  guards  and  other  immigration  officials  could  benefit 
from  a  structural  assistance  by  UNHCR.  UNHCR  experts  could  also  be  invited  to 
participate  in  the  asylum  expert  teams  described  above.  Special  guidelines  for  the 
participants in such asylum expert teams should be established. 

THE OPERATIONAL IMPLEMENTATION OF THE INTERNATIONAL LAW OF THE SEA 

As  part  of  the  follow-up  to  the  Global  Approach  the  Commission  will  publish  a 
study  on  the  international  law  of  the  sea  with  a  particular  focus  on  the 
Mediterranean.  The  study  is  essentially  a  gaps  analysis  identifying  the  issues  that 
could be further explored. It is clear that the framework of international law does not 
allow  for  ad  hoc  or  short  term  revisions  having  regard  to  the  complexity  and  the 
number of countries and stakeholders concerned at a global level. The following are 
however the key issues the Commission would suggest addressing. 

Of  principal  importance  is  that  the  Palermo  Protocol  against  the  smuggling  of 
migrants  by  land,  sea  and  air,  supplementing  the  United  Nations  Convention 
against transnational organised crime, should be ratified by those Member States 
that have not yet done so, as well as by African states. On the basis of this Protocol 
the  scope  for  bilateral  and  regional  agreements  allowing  for  operational 
arrangements to combat illicit trafficking of migrants should be explored.  

Determining  more  accurately  the  correct  modus  operandi  for  the  purpose  of 
intercepting vessels carrying, or suspected of carrying, illegal immigrants bound for 
the European Union would improve the much needed efficiency of joint operations 
to  prevent  and  divert  illegal  immigration  by  sea  involving  the  forces  of  different 
Member States which do not always have a common understanding of how and when 
to  carry  out  interceptions.  In  conducting  joint  operations,  teamwork  and  synergies 
between  Member  States  is  the  key  to  success.  In  this  context  regional  agreements 
could  define  the  right  of  surveillance  and  interception  of  vessels  in  the  territorial 
waters  of  relevant  countries  of  origin  and  transit,  smoothing  the  way  for  the 
implementation of joint operations by FRONTEX as it would avoid the need for ad 
hoc agreements for each individual operation.  

An  issue  that  should  benefit  from  further  elaboration  and  clarification  is  the 
determination of the most appropriate port for disembarkation following rescue 
at  sea  or  interception,  and  the  closely  related  issue  of  allocation  of  protection 
responsibilities  between  States  taking  part  in  interception  and  search  and  rescue 
operations for intercepted or rescued people seeking international protection. Indeed, 

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34. 

35. 

4. 

36. 

37. 

the  determination  of  the  appropriate  place  for  disembarkation  often  engages,  in 
practice,  the  responsibility  of  the  state  concerned  for  the  examination  of  the 
protection needs of the asylum seekers amongst the persons rescued or intercepted.  

Another  issue  which  merits  particular  attention  is  the  extent  of  the  States' 
protection  obligations  flowing  from  the  respect  of  the  principle  of  non-
refoulement,  in  the  many  different  situations  where  State  vessels  implement 
interception  or  search  and  rescue  measures.  More  specifically,  it  would  be 
necessary  to  analyse  the  circumstances  under  which  a  State  may  be  obliged  to 
assume  responsibility  for  the  examination  of  an  asylum  claim  as  a  result  of  the 
application  of  international  refugee  law,  in  particular  when  engaged  in  joint 
operations or in operations taking place within the territorial waters of another State 
or in the high sea.  

On  issues  that  would  not  be  subject  to  bilateral  or  regional  agreements  the 
development of practical guidelines could be a way forward in order to bring more 
clarity  and  a  certain  degree  of  predictability  regarding  the  fulfilment  by  Member 
States  of  their  obligations  under  international  law.  The  development  of  these 
guidelines should therefore be undertaken in close cooperation with the International 
Maritime Organisation (IMO) and UNHCR and draw on a broad range of expertise. 
The  guidelines  should  be  drawn  up  with  careful  consideration  of  the  work  done  in 
the framework of the relevant committees of the IMO, which inter alia deals with the 
implementation of search and rescue obligations under international law.  

The  Commission  will  use  any  appropriate  ad  hoc  fora  to  launch  discussions  of  the 
above issues in order to support this process and take the dialogue further within the 
limits of its competencies. 

MAXIMISING THE USE OF EUROPEAN COMMUNITY FINANCIAL MEANS  

The budget of FRONTEX will be used to finance joint operations and pilot projects 
with Member States at the external borders, including the establishment of a Coastal 
Patrol  Network,  regional  command  centres  and,  if  so  decided  by  the  Management 
Board of the Agency, the establishment and running costs of a specialised branch for 
maritime  borders  in  the  region.  The  costs  associated  with  the  deployment  of  the 
Rapid  Border  Intervention  Teams  are  likewise  covered  by  the  Agency.  The  total 
budget of FRONTEX for 2007, taking into account the amendments of the European 
Parliament, will be 33,98 M€ (amount to be confirmed by final adoption of the 2007 
budget).  

An efficient and rapid use of the means to be provided by the new External Borders 
Fund will be essential for the implementation of the envisaged measures. This Fund 
foresees,  subject  to  the  final  decision  by  the  budgetary  authority,  a  total  of  1.82 
billion € for the period 2007-2013, of which about 170 M € will be available in 2007 
(to  be  confirmed  by  final  adoption  of  the  2007  budget).  While  it  is  clear  that 
payments under the Fund as concerns shared management will only be made in the 
beginning of 2008 at the earliest, the cost of actions undertaken already in 2007 can 
be eligible. 

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38. 

39. 

40. 

41. 

42. 

43. 

The strategic guidelines of this Fund will encourage Member States to devise their 
national  programming  in  support  of  the  implementation  of  the  common  integrated 
border  management  strategy  and  to  develop  a  more  long-term  approach  towards 
capacity  building  at  national  level  in  the  interest  of  all.  Sharing  knowledge  on 
programming priorities will create synergies between Member States and encourage 
convergence in the national choices as to the specific nature of the actions to be co-
financed under the Fund. This should/could amount inter alia to a coordinated use of 
the resources allocated to the different Member States in order to fund the different 
components of EUROSUR.  

The possibility of co-financing via the External Borders Fund supporting services to 
certain Member States in case of duly substantiated emergency situations requiring 
urgent  action  at  their  external  borders  should  be  taken  into  account  for  the  overall 
integrated  border  management  strategy  and  in  particular  for  crisis  management 
operations,  notably  involving  detailed  planning  of  how  those  funds  would  be 
deployed  in  case  of  a  crisis  situation  surpassing  the  capacity  of  regular  operations 
and surveillance in the relevant regions. Moreover, a yearly reserve of 10M € will be 
set aside to allow for the financing of actions by the individual Member States which 
would  address  weaknesses  at  strategic  border  points  as  identified  by  the  Agency 
through the risk analysis. The facility will enable the Community to help particular 
Member States anticipate / prevent possible future emergencies, thus complementing 
the  work  of  the  Agency  and  the  capacity-building  efforts  undertaken  by  Member 
States, in the context of the national programmes under the External Borders Fund. 

With a view to the longer term, the Commission also foresees in its 7th Framework 
Programme  for  research  and  technological  development,  research  for  improved 
capabilities  in  the  implementation  of  an  integrated  border  management  system, 
supporting the efforts of FRONTEX and of national authorities.  

Against  the  background  of  the  preliminary  draft  budget  for  2007,  the  European 
Parliament  approved  a  preparatory  action  in  2007  for  "Migration  management  / 
solidarity in action" aiming at assisting Member States in coping with reception of 
irregular migrants arriving by sea. The budget allocated to this action together with 
return projects and information on conditions of immigration into the EU is 15 M€ 
(amount  to  be  confirmed  by  the  final  adoption  of  the  2007  budget).  Advance 
planning by Member States could be critical for the most efficient use of this action. 

The  Community  actions  of  the  European  Refugee  Fund  (ERF)  can  cover  the 
costs of projects setting up asylum expert teams as outlined in this Communication. 
From January 2008, with the ERF III, the possibility of deploying such expert teams 
due to an unforeseen emergency situation will be increased. 

Also in the ERF III, a mechanism will be provided allowing Member States facing 
particular  pressure  situations  to  have  rapid  and  easy  access  to  emergency  financial 
assistance  from  the  Fund.  This  could  increase  their  ability  to  provide  adequate 
reception  conditions  and  to  conduct  fair  and  efficient  asylum  procedures  in 
compliance with the norms and standards set out by Community law. Activities such 
as those that the asylum expert teams will be called to perform fall within the scope 
of the actions eligible for such financial support.  

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5. 

44. 

45. 

46. 

47. 

CONCLUSION 

There  is  a  clear  need  to  reinforce  the  management  of  the  southern  maritime 
external  borders  in  view  of  improving  the  capacity  of  the  Community  and  its 
Member  States  to  deal  with  critical  situations,  such  as  the  mass  influx  of  illegal 
immigrants.  The  solutions  pointed  out  in  this  Communication  are  mainly  of  a 
practical  character  reflecting  the  need  for  urgent  action  at  the  southern  maritime 
external borders. However, some of the above suggestions are equally applicable to 
other types of external borders and in other regions of the European Union.  

Cooperation with third countries, in particular as regards identification of persons 
and return of illegal immigrants, but also as regards the operational cooperation and 
the efforts to prevent illegal immigration, is of the utmost importance to the proper 
management  of  critical  situations  at  the  external  borders.  Such  cooperation  already 
exists,  for  instance  in  the  context  of  the  Association  Agreements  and  ENP  Action 
Plans, but should be further pursued, strengthened and extended.  

In the framework of the external relations policy of the European Union, FRONTEX 
should  therefore,  on  the  basis  of  its  risk  analyses,  provide  technical  assistance  in 
identifying  the  third  countries  most  relevant  for  cooperation  on  management  of 
southern  maritime  external  borders  and  itself  conduct  negotiations  with  these 
countries, at technical level, on working arrangements as provided for by Article 14 
of Regulation (EC) No 2007/2004 establishing the Agency. 

Operational  activities  designed  to  fight  illegal  immigration,  protect  refugees,  and 
ensure a uniform application of the Schengen acquis on external borders cannot stand 
alone.  This  Communication  should  therefore  be  read  in  the  wider  context  of  the 
comprehensive  approach  to  migration,  where  all  aspects  related  to  migration 
management are included. The relationship with third countries of transit and origin 
and how best to address the root causes of illegal immigration are dealt with in the 
Commission's  Communication  entitled  "The  global  approach  to  migration  one  year 
on – Towards a comprehensive European migration policy".  

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