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 12

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