[ROLES AND RESPONSIBILITIES
Schengen countries are obliged to deploy sufficient staff and resources to ensure a “high and uniform level of control” at the external borders of the Schengen area. They must also ensure that border guards are properly trained. EU and Schengen Associated Countries also assist each other with the effective application of border controls via operational cooperation, which is coordinated by the EU agency Frontex. Its main task is to augment and to add value to, border control activities of the Member States. Thus the agency is also mandated to assist EU countries in raising and harmonising border management standards with the aim of combating cross-border crime while making legitimate passage across the external border of the EU faster and easier.
The Schengen area now extends along some 44,000 km of external sea borders and almost 9,000 km of land borders. Schengen comprises 26 countries (including a number of non-EU states, so-called Schengen Associated Countries), meaning free internal movement for nearly half a billion people. It should be noted that the removal of checks at internal borders makes the controls at external borders much more important, since Schengen members are thus reliant on the checks made by other members. Simply put, the Schengen area’s border is only as strong as its weakest link.
The Schengen Borders Code includes a series of detailed measures designed to compensate for the abolition of internal border controls by tightening security at the Union’s external frontiers. It clearly states that the primary responsibility of border control lies with those Schengen countries that have an external border – including land and sea borders and international airports. One key requirement is that Member States having an external frontier must ensure that proper checks and effective surveillance are carried out there.How it works
While regular border control is the exclusive responsibility of the Member States, Frontex’s role focuses on coordination of deployment of additional experts and technical equipment to those border areas which find themselves under significant pressure. Frontex also builds the capacity of the member states in various areas related to border control, including training and sharing of best practices.Intelligence-driven
Frontex joint operations are planned and developed on the basis of an Annual Risk Analysis Report which analyses the likely future risk of irregular migration and cross-border crime along the EU external border. During the annual meetings with Member States the agency then prioritises the proposed joint operations on the basis of their importance and the resources available in order to ensure an effective response.
Consultation with Member States
Together with the host country Frontex makes an assessment of the number of officers with specific expertise and the quantity and type of technical equipment required. Frontex then directs a request to all Member States and Schengen Associated Countries for the necessary officers, clearly specifying their required profiles (false document experts, border checks, surveillance experts, dog handlers, debriefers etc) as well as specific equipment needed for the operation (e.g. helicopters, planes, patrol cars, thermo-vision equipment, heart-beat detectors). Those countries then decide on the level of contribution they can make to the joint operation.
Operational Plan
This document clearly defines the aim of each joint operation, where it is to take place and the quantities and types of technical equipment and officers to take part. Many operations require the deployment of debriefers, who conduct interviews with migrants with the purpose of gathering information about people-smuggling networks. In addition, cultural mediators and interpreters enable migrants to express themselves in their own languages. The operational plan also clearly states the rules of engagement for officers taking part in the operation.
Implementation
At this stage, border guards and technical equipment are deployed to the operational area and carry out their duties according to the operational plan.
The deployed officers (guest officers) work under the command and control of the authorities of the country hosting the operation.During deployment guest officers have capacity to perform all tasks and exercise all powers for border checks or border surveillance in accordance with Schengen Borders Code being border checks, border surveillance, stamping, interviewing undocumented persons, consultation of databases.
They wear their national uniforms and a blue armband (picture) with the insignia of the EU and Frontex. For the purposes of identification vis-à-vis national authorities and citizens, guest officers carry an accreditation document, provided by Frontex, which they must present on request.
Code of conduct
All officers deployed to an operation coordinated by Frontex are bound by the code of conduct, which includes specific provisions on the respect of fundamental rights and the right to international protection and lays out a set of behavioural standards that all staff involved in a Frontex joint operation must follow.
Evaluation
Once completed, each operation is evaluated by Frontex, the participating countries and other stakeholders involved ensuring that the operational process is constantly refined./quote]
This coveres the request for assistance made after the Evaluation of Greece which occured on 10t-13th November
Furthermore, Member States faced with a situation of urgent and exceptional pressure may request the assistance of the Rapid Border Intervention Teams (RABITs) provided in the Frontex Regulation. On 3 December, Greece submitted such a formal request to Frontex for the deployment of a Rapid Border Intervention Team operation to provide immediate border guard support at its external border in the Aegean islands. On 10 December Frontex took the necessary decisions to launch this operation and to immediately agree on the operational plan with the Greek Authorities within the same operational area as Poseidon Sea.
The Aegean Islands had problems for months before so why was a RABIT not requested earlier, as it is the request for a RABIT that is the trigger for support.
As for opening an Office: that was to provide a local presence for Frontex to do what its role and responsibilities were defined to be , w as quoted above and legally prescribed here in 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) Amended by: ►M1 Regulation (EC) No 863/2007 of the European Parliament and of the Council of 11 July 2007 L 199 30 31.7.2007 ►M2 Regulation (EU) No 1168/2011 of the European Parliament and of the Council of 25 October 2011 L 304 1 22.11.2011, which does NOT involve FRONTEX patrolling.
http://ec.europa.eu/dgs/home-affairs/e-library/documents/policies/borders-and-visas/schengen/docs/frontex_regulation_consolidated_2011_en.pdf Border management responsibility is defined here in that law which was good and valid law at all material times
(4) The responsibility for the control and surveillance of external borders lies with the Member States.