Legal Basis

The European Border and Coast Guard Agency (Frontex) was established by Regulation (EU) 2016/1624 of 14 September 2016 on the European Border and Coast Guard (OJ L 251, 16.9.2016, p. 1).

While the “European Border and Coast Guard Agency” replaces the “European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union”, it has the same legal personality and the same short name: Frontex.

The seat of Frontex is Warsaw, Poland, as established in Article 56 of the European Border and Coast Guard Regulation, subject to the requirements set out in Article 57 of that regulation.



Other relevant instruments

Regulation (EU) No 1052/2013 of 22 October 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)”.

Regulation (EU) 656/2014 of the European Parliament and the Council of 15 May 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.

These Regulations have been fully integrated and are referred to in Regulation (EU) 2016/1624 of 14 September 2016 on the European Border and Coast Guard (OJ L 251, 16.9.2016, p. 1).

Other relevant instruments are Regulation (EU) 2016/399 of the European Parliament and of the Council on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) and Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, also referred to in the European Border and Coast Guard Regulation.



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 have 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).


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