preventing boats from landing on EU member state territories.9 This has also prevented
migrants—including asylum seekers—from availing themselves of procedural rights that
apply within EU territory.10
In July 2007 the Frontex Regulation was supplemented by the RABIT Regulation, which
created "Rapid Border Intervention Teams" aimed at stopping the massive arrival and entry
of migrants.11 The RABIT Regulation also authorized members of the teams to bear arms
and to use force, with the consent of the host member state.12
Frontex is now forming partnerships with national border-enforcement authorities in all
participating states.13 In Greece, Frontex not only has provided EU personnel and resources
through the RABIT deployment, but also in 2010 established an office in the Greek
coastguard headquarters in Piraeus seaport as the headquarters for all operations in the
Eastern Mediterranean area, which coordinated two joint operations, Poseidon 2010 and
Attica 2010.14
With the growing reliance on Frontex operations and increasing migratory pressures on the
EU’s external borders in 2011, the Council of the European Union and the European
Parliament moved to grant Frontex more authority. In September 2011 the European
Parliament and Council are expected to adopt amendments to the Frontex Regulation that
will widen Frontex’s mandate, in particular by giving it the authority to “initiate and carry
out joint operations and pilot projects” in cooperation with the participating states.15
9 “HERA II Operation to be Prolonged,” Frontex News Release, October 13, 2006,
http://www.frontex.europa.eu/newsroom/news_releases/art3.html (accessed July 8, 2011).
10
Article 14 of the Frontex Regulation grants the agency the mandate for “facilitation of operational cooperation with third
countries and cooperation with competent authorities of third countries.”
11 Regulation (EC) No 863/2007 of the European Parliament and of the Council of 11 July 2007 establishing a mechanism for
the creation of Rapid Border Intervention Teams and amending Council Regulation (EC) No 2007/2004 as regards that
mechanism and regulating the tasks and powers of guest officers, at: http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:199:0030:0039:EN:PDF (accessed August 16, 2011).
12
“Guest officers” are authorized to use force in the same way that the border guards of the host state are allowed to.
Regulation (EC) No 863/2007, July 11, 2007, http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32007R0863:en:NOT (accessed April 13, 2011), Art. 6(6).
13 Frontex letter to Human Rights Watch, May 19, 2011.
14
Frontex letter to Human Rights Watch, March 29, 2011.
15 Proposed amendment of Article 3 of Council Regulation (EC) No 2007/2004 of October 26, 2004 establishing a European
Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union.
In addition to the more expansive powers, the proposed amendments included a provision that Frontex “shall fulfill its tasks
in full compliance with the relevant Union law, including the Charter of Fundamental Rights of the European Union,
international law, including the Convention Relating to the Status of Refugees of 28 July 1951 ("the Geneva Convention"),
obligations related to access to international protection, in particular the principle of non-refoulement.” (Article 1.2) The
amendments also include instructions for Frontex to create a code of conduct for all persons participating in Frontex
activities to act according to the principles of the rule of law and respect of fundamental rights with particular focus on
unaccompanied minors and vulnerable persons, as well as persons seeking international protection. (Article 2a)
THE EU’S DIRTY HANDS
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