CALL FOR EVIDENCE

FOR AN INITIATIVE (without an impact assessment)

This document aims to inform the public and stakeholders about the Commission’s work, so they can provide feedback and participate effectively in consultation activities.

We ask these groups to provide views on the Commission’s understanding of the problem and possible solutions, and to give us any relevant information they may have.

Title of the initiative

European Border and Coast Guard Agency – revised model working arrangement

Lead DG – responsible unit

DG HOME B.1

Likely Type of initiative

Communication from the Commission to the European Parliament and the Council

Indicative Timing

Q4 2024

Additional Information

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This document is for information purposes only. It does not prejudge the final decision of the Commission on whether this initiative will be pursued or on its final content. All elements of the initiative described by this document, including its timing, are subject to change.

A. Political context, problem definition and subsidiarity check

Political context

The European Border and Coast Guard Agency (‘Frontex’) supports EU Member States and Schengen-associated countries in the management of the EU’s external borders and the fight against cross-border crime.

Under the Regulation establishing Frontex 1 , Frontex may cooperate with the authorities of third countries to support them in their border management-related tasks. This cooperation can be based on either status agreements, which are international agreements between the EU and the third country, or on working arrangements.

Frontex should cooperate on the basis of working arrangements concluded with these third-country authorities, where such arrangements are available. Working arrangements are non-binding instruments that establish a framework for cooperation between Frontex and the relevant third-country border management authorities. The Commission is required to draw up a model for such working arrangements after consulting Frontex and other relevant Union bodies, offices or agencies, including the Fundamental Rights Agency and the European Data Protection Supervisor. The model working arrangement must include provisions on fundamental rights and data protection. The Commission is now revising the first model working arrangement issued in 2021 (Communication).

Problem the initiative aims to tackle

The Commission needs to revise the model working arrangement so that it can serve as a basis for negotiations with the authorities of third countries 2 . This is to facilitate cooperation on border management and fighting cross-border crime between Frontex and these authorities, in line with the Regulation’s requirements. The revision will take account of practical experiences Frontex has gained negotiating working arrangements with third-country authorities. It will also further align the wording with other instruments in the policy area. 

Basis for EU action (legal basis and subsidiarity check)

The Commission is required to draw up the model working arrangement, as provided for in Article 76(2) of Regulation (EU) 2019/1896.

Legal basis

Article 76(2) of Regulation (EU) 2019/1896.

Practical need for EU action

See above.

B. What does the initiative aim to achieve and how

The communication is intended to inform the European Parliament and the Council about the revised model working arrangement Frontex intends to use as a basis for cooperation with third-country authorities 3 . 

Likely impacts

Improved model for the agreement of new or revised working arrangements between Frontex and relevant third-country authorities.

Future monitoring

Should Frontex or the Commission indicate a need to revise the model working arrangement again in the future based on practical experiences of using this revised model, the Commission will consider another revision via a new Commission communication to the European Parliament and the Council. The aim is to have a workable and up-to-date model working arrangement for Frontex to use in its discussions with third-country authorities, so that a future-proof framework for cooperation is in place. 

C. Better regulation

Impact assessment

As the planned model working arrangement is of a technical nature and updates a previous model, the Commission will not conduct an impact assessment. The Commission communication will be based on an assessment of the existing 2021 Model Working Arrangement and existing working arrangements. The latter are publicly available on Frontex’s website. The communication will also be based on the requirements of Regulation (EU) 2019/1896.

Consultation strategy

As the planned model working arrangement is of a technical nature, the Commission will not hold a public consultation. However, the general public can provide input to this call for evidence. The Commission will be consulting the Fundamental Rights Agency and the European Data Protection Supervisor 4 . 

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Why we are consulting?

N/A

Target audience

The Commission will consult the Fundamental Rights Agency and the European Data Protection Supervisor 5 .

(1)  Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard, OJ L 295, 14.11.2019, p. 1.
(2)  Competent in matters covered by Regulation (EU) 2019/1896.
(3) Article 73 of Regulation (EU) 2019/1896 describes when Frontex should cooperate with third countries and which instrument to use to set up the framework for such cooperation.
(4) In line with Article 76(2) Regulation (EU) 2019/1896.
(5) In line with Article 76(2) Regulation (EU) 2019/1896.