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Document 52012DC0590
COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Financial statement accompanying Regulation (EU) No 1168/2011
COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Financial statement accompanying Regulation (EU) No 1168/2011
COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Financial statement accompanying Regulation (EU) No 1168/2011
/* COM/2012/0590 final */
COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Financial statement accompanying Regulation (EU) No 1168/2011 /* COM/2012/0590 final */
COMMUNICATION FROM THE COMMISSION TO
THE EUROPEAN PARLIAMENT AND THE COUNCIL Financial statement accompanying
Regulation (EU) No 1168/2011 Introduction Recent years have seen a sharp increase in
the workload and priorities of the European Agency for the Management of
Operational Cooperation at the External Borders of the Member States of the
European Union (Frontex). Most recently, the increased migratory pressure at
the Union’s southern borders generated by the Arab spring and the deteriorating
situation at the Greek external border have prompted calls from the Commission,
the Council and the Parliament for the Agency to play a more active role. The
Agency’s budget was increased significantly in both 2010 and 2011 to enable it
to intensify its operational activities in these areas. Moreover the
development of the European external border surveillance system (Eurosur), in
which Frontex is to become a key player, is increasingly seen as a crucial part
of the Union’s external border management as well as a means to reduce the
unacceptably high number of lives lost at sea by irregular migrants seeking to
enter the EU. Revision
of the Agency's mandate Against this background the Agency’s
mandate was amended in 2011 to enable it to respond to the new challenges and
to meet the expectations of the Commission, the Council and the Parliament. The
adoption of Regulation (EU) No 1168/2011 followed the submission to the
European Parliament and the Council of a draft text adopted by the Commission
on 24 February 2010 (COM(2010) 61 final). This draft text was not accompanied
by a financial statement as the subsidy related to the Frontex Agency formed
already part of the Union's budget and the Commission considered that the
proposed changes would not require additional resources. However, the amended
Frontex Regulation[1]
places new and increased obligations on the Agency, entails new tasks for the
Agency, and specifies that certain tasks have to be carried out by certain
categories of the Agency staff. It should be emphasised that some of the new
tasks were introduced by the legislative Authority during the adoption
procedure of the regulation. While these tasks necessitate the creation of new
posts such as the Fundamental Rights Officer and the Coordinating Officers for
all Frontex operational activities, they were not foreseen in the Commission's
legislative proposal. The most important changes are in the
following areas of the Agency's core activities: 1. Creation of European border
guard teams The European Border Guard Teams will
consist of national border guards assigned or seconded by Member States to the
agency for joint operations, rapid interventions and pilot projects. The legal
provisions of on the one hand the Rapid Border Intervention Teams and on the
other hand the joint support teams (joint operations, pilot projects) now form
part of a single set of provisions under the heading: European Border Guard
Teams. 2. Strengthened focus on
Fundamental rights The visibility of fundamental rights
obligations and the respect of various international law instruments is
clarified and increased: –
In case of a breach of human rights, Frontex
missions have to be suspended or terminated in whole or in part. –
The office of a Fundamental Rights Officer has
to be created in the Agency to assist in matters having implications for
fundamental rights. –
A Consultative Forum on Fundamental Rights has
to be set up also involving relevant international organisations and NGOs. –
A Code of Conduct has to be established to
guarantee respect for fundamental rights. –
Frontex-funded return operations have to be
monitored on the basis of objective and transparent criteria. The Commission
will draw up an annual report on the monitoring. –
The tasks of the Agency will include possible
assistance to Member States in situations that may involve humanitarian
emergencies and rescue at sea –
Fundamental rights have to be included in the training
curricula of Frontex personnel and border guards participating in Frontex
operations. 3. Strengthening of the Agency's
operational capacity The putting at the disposal of the Agency
by Member States of human and technical resources to be used in joint
operations at the external borders is further developed, as well as the
creation of the possibility for the Agency to have its own technical equipment.
This is achieved by: –
a quasi compulsory mechanism for technical and
human resources i.e. once Member States agree to assign their national border
guards or second them to the Agency as guest officers to take part in joint operations
or put technical equipment in the pool at the disposal of the Agency, they will
be legally bound to honour their commitments. –
allowing Frontex to purchase, lease, own and
co-own its own technical assets. Frontex will also have the mandate to process
personal data obtained during operations to use them in the fight against
criminality, human trafficking and irregular immigration. Data may also be
transmitted to Europol, albeit on a case-by-case basis. The coordinating role of the Agency is
substantially enhanced through the obligation on the Agency to appoint a
coordinating officer for all joint operations. Furthermore there is an
obligation to evaluate all operations. The cooperation with relevant authorities
of third countries is also enhanced. The basis remains the conclusion of a
working arrangement with the competent authorities regarding border control of
a third country. The Agency will have the possibility to provide technical
assistance and to deploy its liaison officers to relevant third countries to
increase the level of cooperation. Regarding training, an Erasmus-style
exchange programme for national border guards will be created. Finally the Agency has also received a
general mandate to support the development of the European Border Surveillance
System (Eurosur). The
impact on the Agency's staffing in 2012 and 2013 These changes have an important impact on
the work of the Agency. Some of the changes were part of the Commission
proposal to amend the Frontex Regulation, others have been amplified by the
legislators (i.e. the role of the coordinating officers, the posting of Frontex
liaison officers in third countries, the enhanced activities related to risk
analysis), and some have been added as new tasks (i.e. the Fundamental Rights
Officers, the setting up of the Fundamental Rights Forum, the possibility to
process personal data which involves by definition the creation of secure
information exchange channels to ensure the proper handling of such sensitive
data). It should equally been understood that
these enhanced and new tasks create an additional administrative workload in
parallel to the enhanced operational activities of the Agency. To address these issues the Agency has now
carried out an exercise to prioritise these tasks, identifying those which are
mandatory for Frontex to implement during the period 2013-2015. In parallel, it
carried out a review of current programmes and projects so as to be able to
redeploy staff to the new priorities and/or tasks. However redeployment alone will not enable
the Agency to fulfil all of the most important tasks. Therefore the Agency, in
close cooperation with the Commission, took into consideration not only the new
tasks and the conditions under which those tasks shall be carried out, but the
difficult economic situation with which the European Union and its Member
States are confronted and the overall objective to reduce the staffing levels
in the EU institutions and agencies. This consideration has resulted in a
proposed limited increase in the number of posts in Frontex establishment plan
to be requested in two steps. Four additional establishment plan posts needed
urgently, and included in the draft budget 2013, to comply with binding legal
requirements whilst carrying out the Agency's core tasks (i.e. Coordinating
Officers responsible for the coordination of joint operations at the external
borders of the Member States, Fundamental Rights Officer) and eight additional posts
to be created as early as possible, following the required steps in terms of
budget authorisation. In the Draft Budget 2013, as a first step, the
Commission proposed an increase to the establishment plan of four additional
temporary agents up to the ceiling set by the Legislative Financial Statement.
As the draft budget proposal of the Commission includes a reduction of 3 contract
agents to implement the first instalment of the 5 % staff reduction over the
years 2013-2017 announced in the Commission proposals for the next multiannual
financial framework of 29 June 2011, the overall head count therefore increased
by a net one post. As a second step,
the present communication together with the enclosed revised financial
statement seeks a further increase in the Establishment Plan of eight posts,
partially offset by a decrease
of six in the number of seconded national experts. This is because the Agency
has to replace national experts and/or contractual agents with temporary agents
under the new Regulation. In particular, Article 17(3) stipulates that 'only
a staff member of the Agency subject to the Staff Regulations of Officials of
the European Union or to Title II of the Conditions of employment of other
servants of the European Union may be designated as coordinating officer'.
The net increase in the overall headcount arising from this proposal is therefore
two posts. These changes are
indicated in the Legislative Financial Statement attached to this
Communication. The Commission seeks the necessary
adjustment to Frontex establishment plan, entailing the creation of 8 additional
posts in the budget 2013 (on the basis of the revised legislative financial statement
enclosed to this Communication), partially offset by a reduction of 6 seconded
national experts. In terms of expenditure, the additional posts are budget
neutral, since no additional funding is required. Funding needs will be met
through redeploying from Title 2 to Title 1 within the appropriations requested
in the draft budget 2013. LEGISLATIVE FINANCIAL
STATEMENT 1. FRAMEWORK OF THE PROPOSAL/INITIATIVE 1.1. Title of the proposal/initiative 1.2. Policy
area(s) concerned in the ABM/ABB structure 1.3. Nature
of the proposal/initiative 1.4. Objective(s)
1.5. Grounds
for the proposal/initiative 1.6. Duration
and financial impact 1.7. Management
method(s) envisaged 2. MANAGEMENT MEASURES 2.1. Monitoring
and reporting rules 2.2. Management
and control system 2.3. Measures
to prevent fraud and irregularities 3. ESTIMATED FINANCIAL IMPACT OF THE
PROPOSAL/INITIATIVE 3.1. Heading(s)
of the multiannual financial framework and expenditure budget line(s) affected 3.2. Estimated
impact on expenditure 3.2.1. Summary of
estimated impact on expenditure 3.2.2. Estimated impact
on [body]'s appropriations 3.2.3. Estimated impact
on [body]'s human resources 3.2.4. Compatibility
with the current multiannual financial framework 3.2.5. Third-party
participation in financing 3.3. Estimated impact on revenue LEGISLATIVE FINANCIAL STATEMENT 1. FRAMEWORK OF THE PROPOSAL/INITIATIVE 1.1. Title of the proposal/initiative
Regulation (EU) No 1168/2011 of the European Parliament and of the
Council of 25 October 2011 amending Council Regulation (EC) No 2007/2004
establishing a European Agency for the Management of Operational Cooperation at
the External Borders of the Member States of the European Union. 1.2. Policy area(s) concerned
in the ABM/ABB structure[2] Policy area: Home Affairs 1.3. Nature of the
proposal/initiative ¨ The
proposal/initiative relates to a new action ¨ The
proposal/initiative relates to a new action following a pilot
project/preparatory action[3]
þ The proposal/initiative relates to the
extension of an existing action ¨ The
proposal/initiative relates to an action redirected towards a new action 1.4. Objectives 1.4.1. The Commission's multiannual
strategic objective(s) targeted by the proposal/initiative Since the entry
into force of the Treaty of Amsterdam in 1999, a number of common measures have
been adopted to manage better the external borders of the European Union in
accordance with Article 62 (2) of the EC Treaty. Built around
the three pillars of common legislation, common operations and financial
solidarity, key steps have been taken with the adoption of the Schengen Borders
Code[4], the Practical Handbook for
Border Guards (Schengen Handbook)[5]
and the rules for local border traffic[6],
the establishment of the FRONTEX-Agency[7],
the creation of the Rapid Border Intervention Teams[8] and the creation of the
External Borders Fund[9].
All these steps have to be seen within the
framework of a concept for integrated border management, which consists of the
following dimensions[10]: ·
Border control (checks and surveillance)
as defined in the Schengen Borders Code, including relevant risk analysis and
crime intelligence; ·
Detection and investigation of cross border
crime in coordination with all competent law enforcement authorities; ·
The four-tier access control model (measures in
third countries, cooperation with neighbouring countries, border control,
control measures within the area of free movement, including return)[11]; ·
Inter-agency cooperation for border management
(border guards, customs, police, national security and other relevant
authorities) and international cooperation; ·
Coordination and coherence of the activities of
Member States and Institutions and other bodies of the Community and the Union. 1.4.2. Specific objective(s) and
ABM/ABB activity(ies) concerned Specific objective No1. Enable persons to cross internal borders without border checks,
promote secure borders and prevent irregular migration by developing further an
integrated external border management system and high standards of border
checks including by the development of SIS II and the financial support from
the External Borders Fund ABM/ABB activity(ies) concerned Activity 18 02: Solidarity – External
borders, visa policy and free movement of people 1.4.3. Expected result(s) and
impact Specify the effects
which the proposal/initiative should have on the beneficiaries/groups targeted. 1.4.4. In the light of the new and
increased obligations on the Agency and new tasks for the Agency, entailing
that certain tasks have to be carried out by certain categories of the Agency
staff, the Establishment Plan of the Agency has to be amended. In line with
budgetary remarks made by the Budgetary Authority in the 2012 EU budget, the
budget of the Agency shall be subject to an amendment in order to provide sufficient
resources for the Agency to fulfil its new tasks under the new Regulation. In
order to provide a comprehensive overview of changes a financial statement
should therefore be attached a posteriori to the Regulation corresponding with
the reality of the Agency's staffing needs. The extra staff will be funded by
the subsidy already allocated to Frontex under the Union's budget. Specify the
indicators for monitoring implementation of the proposal/initiative. N/A 1.5. Grounds for the
proposal/initiative 1.5.1. Requirement(s) to be met in
the short or long term Frontex was set up in 2004 and became operational in 2005. The
Agency’s main tasks are: – Coordination of operational cooperation between Member States in
the field of management of external borders; – Assistance to Member States on training of their border guards,
including the establishment of common training standards; – Carrying out of risk analyses; – Following up on the development of research relevant for the
control and surveillance of external borders; – Assisting Member States in circumstances requiring increased
technical and operational assistance at external borders; – Providing Member States with the necessary support in organising
joint return operations. In order to achieve its mission, the Agency may also cooperate with
the competent authorities of third countries or with International
organisations Recent years have seen a sharp increase in the workload and
priorities of Frontex. As requested by the Hague programme the Commission
adopted on 13 February 2008 a Communication on the evaluation and future
development of the FRONTEX Agency (COM(2008) 67 final), accompanied by an
impact assessment. The Communication issued recommendations for the short to
medium term and launched ideas for the future development of the Agency in the
longer term. The 2008 Communication was welcomed by the Council and the European
Parliament, who both shared the Commission's assessment that the Agency had
been very successful since its inception and called for a further strengthening
of the Agency. This ambition has been further reflected in numerous conclusions
by the Council and the European Council, in the Pact on immigration and asylum,
and in the Stockholm programme, adopted by the European Council of 10-11
December 2009 calling for a reinforcement of the Agency including through a
revision of its legal framework. The role of the Agency in the integrated
border management of the Union, and its overall future direction, is therefore
subject to a strong inter-institutional consensus. Most recently, the increased migratory pressure at the Union’s
southern borders generated by the Arab spring and the deteriorating situation
at the Greek external border have prompted calls from the Commission, the
Council and the Parliament for the Agency to play a more active role. Against this background the Agency’s mandate was amended in 2011 to
enable it to respond to the new challenges and to meet the expectations of the
Commission, the Council and the Parliament. in accordance with the amended Regulation, the Agency has to - set up and manage the pool of border guards with a view of their
deployment as part of the European Border guard Teams (EBGT) in operations
coordinated by Frontex. - nominate a
coordinating officer for each joint operation or pilot project where members of
the EBGT will be deployed. According to the amended Regulation, only a staff
member of the Agency subject to the Staff Regulations of Officials of the
European Union or to Title II of the Conditions of employment of other servants
of the European Union may be designated as coordinating officer; - develop and
operate systems that enable swift and reliable exchanges of information
regarding emerging risks at the external borders; - provide the
necessary assistance to the development and operation of a European border
surveillance system; - create the office of Fundamental Rights
Officer and a Consultative Forum on Fundamental Rights. Risk analysis shall include the assessment
of the capacity of Member States to face threats and pressures at the external
borders. The Agency will have to play an enhanced
role in pursuing the European Union's objectives in relation to cooperation
with third countries in the field of border management. 1.5.2. Added value of EU
involvement The amending Regulation (EU) No 1168/2011 is based on Articles 74
(i.e. measures to ensure administrative cooperation between the relevant
departments of the Member States) and 77 (2) (b) and (d) TFEU (i.e. adopt
measures concerning the checks to which persons crossing external borders are
subject and any measure necessary for the gradual establishment of an
integrated management system for external borders). The objectives of this Regulation, while respecting the same
fundamental limitations of the existing provisions, are to further develop an
integrated management of operational cooperation at the external borders, and cannot
be sufficiently achieved by the Member States. 1.5.3. Lessons learned from
similar experiences in the past N/A 1.5.4. Coherence and possible
synergy with other relevant instruments N/A 1.6. Duration and financial
impact ¨ Proposal/initiative of limited duration
–
¨ Proposal/initiative in effect from [DD/MM]YYYY to [DD/MM]YYYY –
¨ Financial impact from YYYY to YYYY þ Proposal/initiative of unlimited
duration –
Implementation with a start-up period from 2012
to 2013, –
followed by full-scale operation. 1.7. Management mode(s)
envisaged[12] þ Centralised indirect management with the delegation of implementation tasks to: –
¨ executive agencies –
þ bodies set up by the European Union[13] –
¨ national public-sector bodies/bodies with public-service mission –
¨ persons entrusted with the implementation of specific actions
pursuant to Title V of the Treaty on European Union and identified in the
relevant basic act within the meaning of Article 49 of the Financial Regulation
¨ Joint management with international organisations (to be specified) If more than one
management mode is indicated, please provide details in the
"Comments" section. Comments This
financial legislative statement is produced a posteriori in order to provide a
comprehensive overview of the Agency's staffing needs corresponding with the
changes introduced by the adoption of the amendment to the Frontex Regulation.
Given the difficult EU budgetary situation, it is proposed that the Frontex
Agency would make all efforts to accommodate the costs related to the extra
staff (12 AD temporary agents) within the subsidy already allocated to Frontex
under the Union's budget. The staff
increases are expected to be budget neutral as explained in the enclosed tables
on the following pages. Frontex would meet the needs for additional
appropriations through partial offsetting against SNE posts as explained in the
enclosed tables or other savings within Title 1. If the needs for additional
appropriations would still exist, these could be addressed via redeployments
and transfers from Title 2 (no staff administrative budget) to Title 1 in
accordance with the discretion given the Executive Director under the Frontex
Financial Regulation. 2. MANAGEMENT MEASURES 2.1. Monitoring and reporting
rules Specify frequency
and conditions. The Management Board of the Agency shall
before 31 March each year, adopt the general report of the Agency for the
previous year and forward it by 15 June at the latest to the European
Parliament, the Council, the Commission, the European Economic and Social
Committee and the Court of Auditors. The general report shall be made public.
Every five years, the Management Board shall commission an independent external
evaluation on the implementation of this Regulation. The evaluation shall
examine how effectively the Agency fulfils its mission. It shall also assess
the impact of the Agency and its working practices. The first evaluation following the entry
into force of Regulation (EU) No 1168/2011 shall also analyse the needs for
further increased coordination of the management of the external borders of the
Member States, including the feasibility of the creation of a European system
of border guards 2.2. Management and control
system 2.2.1. Risk(s) identified The steady migratory pressure on the external borders of the
European Union require an increased operational cooperation coordinated by
Frontex among the Member States on the basis of shared responsibility and
solidarity in order to ensure the highest level of integrity of the external
borders as well as to contribute to an enhanced internal security within the
European Union whilst promoting the full respect of fundamental rights in
border management. Reinforcement of the Agency's staff is necessary in order to
comply with the extended mandate and requirements laid down by the amended
Regulation. Redeployment opportunities within the existing staff have been
fully exploited? Lack of provision of the requested new posts will result in
permanent infringement of applicable Union law. 2.2.2. Control method(s) envisaged
The Agency’s accounts will be submitted for the approval of the
Court of Auditors, and subject to the discharge procedure. The Commission’s
Internal Audit Service will carry out audits in cooperation with the Agency's
internal auditor. 2.3. Measures to prevent fraud
and irregularities Specify existing or
envisaged prevention and protection measures. The Agency is subject to monitoring by the Anti-Fraud Office. 3. ESTIMATED FINANCIAL IMPACT OF THE
PROPOSAL/INITIATIVE 3.1. Heading(s) of the
multiannual financial framework and expenditure budget line(s) affected · Existing expenditure budget lines In order of
multiannual financial framework headings and budget lines. Heading of multiannual financial framework || Budget line || Type of expenditure || Contribution Number [Description………………………...……….] || Diff./non-diff. ([14]) || from EFTA[15] countries || from candidate countries[16] || from third countries || within the meaning of Article 18(1)(aa) of the Financial Regulation 3A || 18.020301: European Agency for the Management of Operational Cooperation at the External Borders — Contribution to Titles 1 and 2 || non-diff. || NO || NO || NO || NO 3A || 18.020302: European Agency for the Management of Operational Cooperation at the External Borders — Contribution to Title 3 || non-diff. || NO || NO || NO || NO · New budget lines requested In order of multiannual financial framework
headings and budget lines. Heading of multiannual financial framework || Budget line || Type of expenditure || Contribution Number [Heading……………………………………..] || Diff./non-diff. || from EFTA countries || from candidate countries || from third countries || within the meaning of Article 18(1)(aa) of the Financial Regulation || N/A || || YES/NO || YES/NO || YES/NO || YES/NO 3.2. Estimated impact on
expenditure 3.2.1. Summary of estimated impact
on expenditure EUR million (to 3 decimal places) Heading of multiannual financial framework: || Number || 18 02 Body: European Agency for the Management of Operational Cooperation at the External Borders || || || Year 2012 || Year 2013 || Year N+2 || Year N+3 || … enter as many years as necessary to show the duration of the impact (see point 1.6) || TOTAL Title 1 || Commitments || (1) || 0 || +500* || || || || || || +500* Payments || (2) || 0 || +500* || || || || || || +500* Title 2 || Commitments || (1a) || 0 || -500 || || || || || || -500 Payments || (2a) || 0 || -500 || || || || || || -500 Title 3 || Commitments || (3a) || 0 || || || || || || || 0 || Payments || (3b) || 0 || || || || || || || 0 TOTAL appropriations for the European Agency for the Management of Operational Cooperation at the External Borders || Commitments || =1+1a +3a || 0 || 0* || || || || || || 0* Payments || =2+2a +3b || 0 || 0* || || || || || || 0* * A cumulative number of 12 new establishment
posts is foreseen. Heading of multiannual financial framework: || 5 || " Administrative expenditure " EUR million (to 3 decimal places) || || || Year N || Year N+1 || Year N+2 || Year N+3 || … enter as many years as necessary to show the duration of the impact (see point 1.6) || TOTAL DG:Home Affairs || Human resources || || || || || || || || Other administrative expenditure || || || || || || || || TOTAL DG Home Affairs || Appropriations || || || || || || || || TOTAL appropriations under HEADING 5 of the multiannual financial framework || (Total commitments = Total payments) || || || || || || || || EUR million (to 3 decimal places) || || || Year N[17] || Year N+1 || Year N+2 || Year N+3 || … enter as many years as necessary to show the duration of the impact (see point 1.6) || TOTAL TOTAL appropriations under HEADINGS 1 to 5 of the multiannual financial framework || Commitments || || || || || || || || Payments || || || || || || || || 3.2.2. Estimated impact on [body]
appropriations –
þ The proposal/initiative does not require the use of operational
appropriations –
¨ The proposal/initiative requires the use of operational
appropriations, as explained below: Commitment appropriations in EUR million (to 3 decimal
places) Indicate objectives and outputs ò || || || Year N || Year N+1 || Year N+2 || Year N+3 || … enter as many years as necessary to show the duration of the impact (see point 1.6) || TOTAL OUTPUTS Type of output[18] || Average cost of the output || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Total number of outputs || Total cost SPECIFIC OBJECTIVE No 1[19]… || || || || || || || || || || || || || || || || - Output || || || || || || || || || || || || || || || || || || - Output || || || || || || || || || || || || || || || || || || - Output || || || || || || || || || || || || || || || || || || Sub-total for specific objective N°1 || || || || || || || || || || || || || || || || SPECIFIC OBJECTIVE No 2… || || || || || || || || || || || || || || || || - Output || || || || || || || || || || || || || || || || || || Sub-total for specific objective N°2 || || || || || || || || || || || || || || || || TOTAL COST || || || || || || || || || || || || || || || || 3.2.3. Estimated impact on Frontex
Agency's human resources 3.2.3.1. Summary –
¨ The proposal/initiative does not require the use of appropriations
of an administrative nature –
þ The proposal/initiative requires the use of appropriations of an
administrative nature, as explained below: EUR million (to 3
decimal places) || Year 2012 || Year 2013 || Year N+2 || Year N+3 || … enter as many years as necessary to show the duration of the impact (see point 1.6) || TOTAL Officials (AD Grades) || || || || || || || || Officials (AST grades) || || || || || || || || Contractual agent || || || || || || || || Temporary agents || 0 || 1,320 || || || || || || Seconded National Experts || 0 || -0,320 || || || || || || TOTAL || 0 || 1,000* || || || || || || A cumulative number of 12 new posts is
foreseen The estimated costs for 12 AD posts would amount to M 1,32 € (12x M
0,11€). However, the estimated impact on the Agency’s expenditure in 2013 will
be budgetary neutral, since the expenditure will be offset against the
decreasing expenditure related to seconded national experts (SNE) currently
performing these tasks. The relevant SNE posts will be gradually phased out in
the course of 2013. The remaining costs will be met by additional savings
within Title 1 and, if needed, redeployment from Title 2 to Title 1 of a maximum
amount of € 750 000. Description of posts needed: 1 AD 10 Fundamental Rights Officer (FRO) According to Article 26(3) of the amended
Frontex Regulation a Fundamental Rights Officer shall be designated by the
Management Board. He/she shall be independent in the performance of his/her
duties and shall report directly to the Management Board. The creation of this
post is an absolute priority for the Agency, and has to be completed in 2012.
The required level of expertise and the status of the FRO justifies the higher
entry grade. The European Ombudsman has opened on 6 March 2012 an
own-initiative inquiry into the implementation by Frontex of its fundamental
rights obligation, including the recruitment of the FRO. 6 AD7 – Frontex Coordination Officers In accordance with Article 3b(5) of the
amended Regulation, Frontex shall nominate a coordinating officer for each
joint operation or pilot project where a European Border Guard Team (EBGT) is
deployed. Moreover Article 17(3) stipulates that for the purpose of implementing
Article 3b(5) only a staff member subject to the Staff Regulations of Officials
and to Title II of the Conditions of employment of other servants of the
European Communities employed by Frontex, can be designated as a coordinating
officer. The Agency all along the year is launching and coordinating a number
of joint operations and pilot projects according to its annual work programme
which implies the deployment of EBGT's. Some of those joint operations are de
facto permanent operations (i.e. the ones in the Mediterranean and at the
Turkish-Greek land borders) which consequently require the permanent presence
of a Coordinating Officer. Since the functions of Frontex Coordinator Officers
are currently held by Seconded National Experts (SNE), the recruitment of
Temporary Agents will result in a reduction of the total number of SNE by 6. 1 AD7 – Product and Change Management Officer This post will have to cover the new task
as set up by the amended Frontex Regulation (Article 11 in connection with
Article 11c, 11d and 13(2): developing and operating the information exchange
system for ICONET (Information and Coordination Network for Member States’
Migration Management Services), classified data, secure information exchange
channels and FOSS (Frontex Information exchange web portal - Frontex One Stop
Shop) replacement, including the transmission of personnel data also to other
EU-agencies. This task required specific experience, knowledge and skills in
order to ensure the benefits of these additional Frontex responsibilities are
realised, communicated and carried out according to the EU legal framework. 3.2.3.2. 4 posts (1 AD8 and 3 AD7)
are foreseen in the Commission proposal for the 2013 Draft Budget presented to
the Budgetary Authority on 25.4.2012. 3.2.3.3. Estimated requirements of
human resources for the parent DG –
þ The proposal/initiative does not require the use of human
resources –
o The proposal/initiative requires the use of human resources, as
explained below: Estimate to be expressed in full amounts
(or at most to one decimal place) || Year N || Year N+1 || Year N+2 || Year N+3 || … enter as many years as necessary to show the duration of the impact (see point 1.6) Establishment plan posts (officials and temporary agents) XX 01 01 01 (Headquarters and Commission’s Representation Offices) || || || || || || || XX 01 01 02 (Delegations) || || || || || || || XX 01 05 01 (Indirect research) || || || || || || || 10 01 05 01 (Direct research) || || || || || || || || || || || || || || External personnel (in Full Time Equivalent unit: FTE)[20] || XX 01 02 01 (CA, INT, SNE from the "global envelope") || || || || || || || XX 01 02 02 (CA, INT, JED, LA and SNE in the delegations) || || || || || || || XX 01 04 yy [21] || - at Headquarters[22] || || || || || || || - in delegations || || || || || || || XX 01 05 02 (CA, INT, SNE - Indirect research) || || || || || || || 10 01 05 02 (CA, INT, SNE - Direct research) || || || || || || || Other budget lines (specify) || || || || || || || TOTAL || || || || || || || 18 is the
policy area or budget title concerned. The human resources required will be met by
staff from the DG who are already assigned to management of the action and/or have
been redeployed within the DG, together if necessary with any additional
allocation which may be granted to the managing DG under the annual allocation
procedure and in the light of budgetary constraints. Description of tasks to be carried out: Officials and temporary agents || External personnel || Description of the calculation of cost for
FTE equivalent should be included in the Annex, section 3. 3.2.4. Compatibility with the
current multiannual financial framework –
þ Proposal/initiative is compatible the current multiannual
financial framework. –
¨ Proposal/initiative will entail reprogramming of the relevant
heading in the multiannual financial framework. Explain what reprogramming is required,
specifying the budget lines concerned and the corresponding amounts. No impact on multiannual financial framework. However, even if the
recruitment of additional staff required a reinforcement of the Agency budget,
it would be still contained within the multiannual financial framework. –
¨ Proposal/initiative requires application of the flexibility
instrument or revision of the multiannual financial framework[23]. Explain what is required, specifying the
headings and budget lines concerned and the corresponding amounts. N/A 3.2.5. Third-party contributions –
þ The proposal/initiative does not provide for co-financing by third
parties –
The proposal/initiative provides for the
co-financing estimated below: Appropriations in EUR million (to 3 decimal places) || Year N || Year N+1 || Year N+2 || Year N+3 || … enter as many years as necessary to show the duration of the impact (see point 1.6) || Total Specify the co-financing body || || || || || || || || TOTAL appropriations cofinanced || || || || || || || || 3.3. Estimated impact on
revenue –
þ Proposal/initiative has no financial impact on revenue. –
¨ Proposal/initiative has the following financial impact: –
¨ on own resources –
¨ on miscellaneous revenue EUR million (to 3 decimal places) Budget revenue line: || Appropriations available for the ongoing budget year || Impact of the proposal/initiative[24] Year N || Year N+1 || Year N+2 || Year N+3 || … insert as many columns as necessary in order to reflect the duration of the impact (see point 1.6) Article …………. || || || || || || || || For miscellaneous
assigned revenue, specify the budget expenditure line(s) affected. N/A Specify the method for calculating the impact on revenue. N/A [1] Regulation (EU) No 1168/2011 [2] ABM: Activity-Based Management – ABB: Activity-Based
Budgeting. [3] As referred to in Article 49(6)(a) or (b) of the
Financial Regulation. [4] Regulation (EC) No 562/2006 of the European
Parliament and of the Council of 15 March 2006 establishing a Community Code on
the rules governing the movement of persons across borders (Schengen Borders
Code) (OJ L 105, 13.4.2006, p. 1). [5] Commission Recommendation C(2006) 5186 of 6 November
2006 establishing a common "Practical Handbook for Border Guards (Schengen
Handbook)" to be used by Member States' competent authorities when
carrying out the border control of persons. [6] Regulation (EC) No 1931/2006 of the European
Parliament and of the Council of 20 December 2006 laying down rules on local
border traffic at the external borders of the Member States and amending the
provisions of the Schengen Convention (OJ L 29 of 3.2.2007, p. 3). [7] Council Regulation (EC) No 2007/2004 of 26 October
2004 establishing a European Agency for the Management of Operational
Cooperation at the External Borders of the Member States of the European Union
(OJ L 349, 25.11.2004, p. 1). [8] 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 (OJ L 199, 31.7.2007, p. 30). [9] Decision No 574/2007/EC of the European Parliament
and of the Council of 23 May 2007 establishing the External Borders Fund for
the period 2007 to 2013 as part of the General programme "Solidarity and
Management of Migration Flows" (OJ L 144, 6.6.2007, p. 22). [10] Conclusions of the 2768th
Council Meeting on Justice and Home Affairs, Brussels, 4-5 December 2006, doc.
15801/06 (Presse 341), p. 26. [11] The model in its entirety has
been described in the EU Schengen Catalogue on External borders control,
Removal and readmission: Recommendations and best practices, February 2002. [12] Details of management modes and references to the
Financial Regulation may be found on the BudgWeb site: http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html [13] As referred to in Article 185 of the Financial
Regulation. [14] Diff. = Differentiated appropriations / Non-Diff. =
Non-differentiated appropriations [15] EFTA: European Free Trade Association. [16] Candidate countries and, where applicable, potential
candidate countries from the Western Balkans. [17] Year N is the year in which implementation of the
proposal/initiative starts. [18] Outputs are products and services to be supplied (e.g.:
number of student exchanges financed, number of km of roads built, etc.). [19] As described in Section 1.4.2. "Specific
objective(s)…" [20] CA= Contract Agent; INT= agency staff ("Intérimaire");
JED= "Jeune Expert en Délégation" (Young Experts in
Delegations); LA= Local Agent; SNE= Seconded National Expert; [21] Under
the ceiling for external personnel from operational
appropriations (former "BA" lines). [22] Essentially for Structural Funds, European Agricultural
Fund for Rural Development (EAFRD) and European Fisheries Fund (EFF). [23] See points 19 and 24 of the Interinstitutional Agreement. [24] As regards traditional own resources (customs duties,
sugar levies), the amounts indicated must be net amounts, i.e. gross amounts
after deduction of 25% for collection costs.