Legal Basis

The European Border and Coast Guard Agency (Frontex) is governed by Regulation (EU) 2019/1896  of 13 November 2019 on the European Border and Coast Guard (OJ L 295, 14.11.2019, p. 1).

The above-mentioned regulation provides the Agency with a reinforced mandate and increased competences compared to Regulation (EU) 2016/1624, such as the European Border and Coast Guard Standing Corps (the EU’s first uniformed service).

The seat of Frontex is Warsaw, Poland, as laid down in Article 93(5) of Regulation (EU) 2019/1896. A Headquarters Agreement has been concluded between Frontex and the Republic of Poland.


Other relevant instruments

Regulation (EU) No 1052/2013 establishing the European Border Surveillance System (EUROSUR), provides for “a common framework for the exchange of information and for the cooperation between Member States and Frontex in order to improve situational awareness and to increase reaction capability at the external borders of the Member States of the Union (‘external borders’) for the purpose of detecting, preventing and combating illegal immigration and cross-border crime and contributing to ensuring the protection and saving the lives of migrants (‘EUROSUR)”. The Eurosur Regulation has been repealed and replaced by Regulation (EU) 2019/1896, which carries revised provisions on EUROSUR.

Regulation (EU) 656/2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by Frontex also introduced changes to the mandate of the agency, namely in terms of what concerns sea operations coordinated by Frontex. This Regulation was fully integrated and referred to in Regulation (EU) 2016/1624 and now in Regulation (EU) 2019/1896.

Other relevant instruments are Regulation (EU) 2016/399 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) and Directive 2008/115/EC on common standards and procedures in Member States for returning illegally staying third-country nationals, also referred to in Regulation (EU) 2019/1896.


Background

The former European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union had been established by Council Regulation (EC) 2007/2004 (26.10.2004, OJ L 349/25.11.2004).

This Regulation was firstly amended by the 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. 

It was also amended, inter alia, by the 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 an European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union.

These Regulations had been repealed by Regulation (EU) 2016/1624 of 14 September 2016 on the European Border and Coast Guard (OJ L 251, 16.9.2016, p. 1).

Regulation (EU) 2019/1896 of 13 November 2019 on the European Border and Coast Guard (OJ L 295, 14.11.2019, p. 1) in turn repealed Regulations (EU) No 1052/2013 and (EU) 2016/1624.

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