Toespraak eurocommisaris Malmström (Binnenlandse zaken) bij vijfjarig jubileum van Frontex (en)

Dear ladies and gentlemen,

First of all: happy birthday, Frontex! I am very pleased to be here today on this festive occasion. The management of the EU's external borders is one of my key responsibilities as Commissioner for home affairs. I have already had the opportunity to note the vital role played by Frontex during my visit to your headquarters a couple of months ago. The proposal tabled by the Commission in February to strengthen the Agency was my first major initiative as Commissioner. Today I would like to place Frontex in a broader context of the future development of the EU's border management and outline my policy priorities in this regard.

The very reason we are here today is our shared objective of abolishing internal border controls between the Member States. The so called Schengen area covers 25 countries by now and by the time my mandate as Commissioner expires we will perhaps have reached 30 countries!

While Frontex is celebrating its fifth birthday, it is 20 years since the Schengen convention was signed, and only 15 years since internal border controls was lifted between the founding five Member States - another reminder of the remarkable speed of development of this policy area.

We have come this far thanks to mutual trust, solidarity and a true European approach. Common European legislation is in place, notably with the Borders Code. Member States are working together and supporting each other through the Frontex Agency. The external borders fund provides financial support to those Member States carrying the heaviest burden in managing their section of the common external border. The Schengen Information System has been an indispensable tool for the functioning of the Schengen area. In the period 1997-2008 close to 200 000 persons refused entry to one Member State were found trying to enter another Member State. We are now concentrating our efforts towards the entry into operation of the SIS II following the positive outcome of the so-called Milestone 1 test.

But it would not be credible to say that all the right tools and all the right laws are now in place, once and for all. The EU needs to commit to continuous improvements and be ready to adapt to new challenges and an ever changing reality. Travel flows are increasing and security threats are evolving. People fleeing war and persecution will continue to look to Europe for protection.

Against the background of these challenges, I would now like to turn to the overall principles that will guide me in my work as Commissioner and the main actions that I will consider for the future.

Firstly, full respect of fundamental rights must be ensured. All new policy initiatives must fully comply with fundamental rights, notably data protection. All persons must, when crossing or arriving at the external border, be treated with full respect for their human dignity and the principle of non-discrimination. This must be at the heart of all our actions and an absolute priority in the implementation of everything we do.

I therefore welcome strongly the adoption of the law of sea decision by the Council on 26 April. This decision reaffirms the legally binding nature of fundamental rights also in international waters and provides further clarity on how to meet those obligations, notably with regard to the principle of non-refoulement.

In the proposal to amend the Frontex Regulation fundamental rights are also at the centre. I very much welcome tomorrow's conclusion of a working arrangement with the EU fundamental rights agency. All persons participating in border control activities should be trained in fundamental rights, and any incidents occurring during operations must be reported and given a follow up. A code of conduct for return operations should apply (building on the best practice guidelines already in place). All Frontex activities must live up to the highest standards for how fundamental rights are fully respected in border management.

Secondly, we must work towards enhancing a secured access to the territory. Border management will be one of the pillars of the internal security strategy that I intend to present after the summer. An integrated approach to borders and visa policies is necessary to control access at all stages of the travel flows to the Schengen territory as well as when considering further steps such as visa facilitation or visa liberalisation.

In terms of new concrete actions I believe we must first of all carefully analyse the concrete needs. The potential of existing systems and tools must be fully exploited before we invent new ones. This is particularly important in these days of financial austerity.

It is also for this reason that I am carrying out an overview of all systems in place or under consideration that involve processing of personal data for operational purposes. That overview will help us better understand the need for new measures such as the setting up an entry/exit system.

But all is not about personal data. The Commission continues, for example, the development of the European Border Surveillance System - EUROSUR - in order to reinforce cooperation between Member States and with FRONTEX. This system will help in exchanging strategic information in real time between Member States on any border incident.

Thirdly, border crossings must be smooth and easy for the vast majority of people who are in full compliance with entry requirements. Long waiting times discourage people from travelling and has a negative impact on trade. It must be possible to attain a high level of security without creating excessive and lengthy procedures for each traveller.

I am assessing the options for setting up a registered traveller programme for third-country nationals, in order to simplify and speed up border crossings for regular bona fide travellers using modern technology. I will propose a review of the Schengen Borders Code to simplify certain procedures in the light of practical experiences. I also encourage Member States to make the maximum use of the Local Border Traffic Regime to simplify border crossings for border residents.

Fourthly, intra-EU solidarity must be further developed as a core principle in particular with regard to our immigration and asylum policies as a whole. Due to differences in geography, travel flows and migratory pressure, each Member State faces a different work load in managing their part of the external border. Europe must compensate for those differences in a spirit of solidarity and sharing of responsibility. Through the implementation of the External Borders Fund the EU allocates 1.8 billion euro for the period 2007-2013 for this purpose. The proposal to strengthen the Frontex Agency contains important changes to help Frontex support Member States more efficiently and more independently.

Fifthly, the correct application of our instruments, in particular with regard to our common legislation, must be ensured. This is vital both for proper border checks and surveillance, in the interest of security, as well as for the full respect of fundamental rights.

The Commission will carefully monitor Member States' compliance with EU law, which is not just a matter of obeying the law for its own sake but in the interest of all Member States. A uniform application of the law by all Member States is the best foundation for mutual trust.

Applying the rules of the Schengen Borders Code provides the foundation for a high level of security. Likewise, ensuring that police checks within the Schengen territory do not turn into "disguised" internal border controls is vital in showing citizens that Schengen is more than lofty principles. I receive a worrying amount of complaints from EU citizens in this regard, and will not hesitate to make use of the Commission's powers under the Treaties to ensure that Member States respect their obligation.

The Schengen evaluation mechanism complements the Commission's infringements policy. It ensures that the policies necessary to ensure the continued absence of internal border control are applied in practice, not only in accordance with the letter of the law but based on best practices developed by Member States. This mechanism is therefore also a vital component in maintaining a high level of mutual trust. I intend to re-propose, following the entry into force of the Lisbon Treaty, the Schengen evaluation mechanism, including foreseeing a role for Frontex.

Already on this basis it is clear we have quite a lot on our plate. But we also need to look ahead and consider what our long-term challenges are, in the light of the Stockholm programme.

I understand that the question of creating a European Border Guard has been on the table in one form or the other for the last ten years. The Stockholm Programme invites the Commission to initiate a debate on this topic in the framework of the long-term development of Frontex. The Commission included in its proposal for amending the Frontex Regulation that the next external evaluation of the Agency should feed into this debate.

I intend to return to this issue before the end of my mandate, focussing in particular on the actual, practical needs that a European Border Guard would meet, as well as on how a sound legal framework could be constructed.

Interagency cooperation is vital for the coherence and efficiency of Europe's future security architecture. This applies to the European as well as the national level. All authorities must work closely together, within their respective mandates, to pool knowledge, information and resources.

Interagency cooperation illustrates well the cross-cutting nature of border management: Frontex needs to cooperate with other Agencies for security purposes - such as Europol - as well for purposes linked to immigration and asylum - such as the new European Asylum Office.

At national level better cooperation between border guard authorities and customs authorities can enhance security as well as speed up passenger flows. The Commission is currently carrying out a study on best practices in the cooperation between border guard authorities and customs, and I will use the findings of that study to make proposals in this field.

The development of the concept of solidarity will be major challenge. That applies not only to border management but to the EU's immigration and asylum policies as a whole. Without solidarity there is no future for our common European space of freedom and security. We will soon start to prepare the next financial perspectives, and it will be very important to consider both the role of Frontex and the role of our financial instruments in this regard.

In the short term, I will evaluate the results of the pilot project for the relocation of beneficiaries of international protection from Malta. The possibility to expand that pilot into a more regular mechanism will be considered. As foreseen by the Action plan implementing the Stockholm programme, I will present a Communication on enhanced intra-EU solidarity in 2011.

By way of conclusion, one common denominator comes back in the challenges, principles, actions and long-term issues that I have outlined: the role of Frontex, be it in a supporting, coordinating or advising role.

It is therefore clear to me that Frontex is an indispensable cornerstone in the future European border management. To allow Frontex to meet these high expectations, the European institutions must provide a sound legal framework for the Agency. The Member States must provide the necessary resources. By doing that we create the conditions for making Frontex a true centre of excellence for the European border management of the future.