Legal Authority There is a paradox at the heart of Frontex’s legal existence. On the one hand, the Frontex Regulation stipulates that “the responsibility for the control and surveillance of external borders lies with the Member States.”16 On the other hand, the same regulation says that Frontex is a Community body with “full autonomy and independence”17 with “legal personality and exercising the implementing powers, which are conferred on it by this Regulation.”18 Frontex, therefore, exists both as a specter-like coordinating manager as well as an actor with legal autonomy. Frontex derives its legal authority from the Frontex Regulation, which, as it existed prior to proposed amendments expected to be adopted in September 2011, specifies that the agency’s main tasks are: 1) to coordinate operational cooperation between member states in managing external borders; 2) to assist member states in training national border guards; 3) to carry out risk analyses and surveillance of external borders; 4) to provide member states increased technical and operational assistance at external borders when necessary; and 5) to support member states by organizing joint return operations.19 The proposed amendments add additional responsibilities to Frontex’s mandate, including assessment of member state capacity to secure external borders; participation in control and surveillance of external borders; technical and operational assistance at external borders, including sea operations, especially in situations of specific and disproportionate pressures; setting up European Border Guard Teams for rapid deployment during operations; coordinating joint returns; developing coordinated information systems; and assisting in the development of European border surveillance and information-sharing systems. As the amendments were being drafted, the European Parliament’s Committee on Foreign Affairs commented in early 2011 on the expansion of powers that the amendments would give Frontex: This proposal would provide the Agency with a reinforced role in preparing, coordinating and implementing operations with special regard to the sharing of tasks with EU Member States, namely in terms of deployment of 16 Frontex Regulation, Article 1.2. 17 Ibid, Preamble, para. 16. 18 Ibid, Preamble, para. 14. 19 Frontex Regulation, Art. 2. 13 HUMAN RIGHTS WATCH | SEPTEMBER 2011