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Border management

Member states hash out anti-smuggling punishments for transport companies /// EU wants commercial airlines to police migrant smuggling /// Frontex reports activities for second half of 2024 /// Frontex fundamental rights officer reports multiple cases of violent collective expulsions in 2024 /// EU travel authorisation system: “low overall progress” on data protection /// More than 225 European officials deployed in “key route” countries

Member states hash out anti-smuggling punishments for transport companies

EU legislators are working on new rules designed to punish transport companies deemed to be involved in the smuggling or trafficking of people into the EU. In June, Statewatch published a redraft of the proposal by the Polish then-presidency of the Council. The redraft was informed by comments compiled two days beforehand (pdf).

The comments show that member states want clarity on how enforcement against air transport operators could impact bilateral air traffic agreements with third countries. Some also want clarity on how the Regulation is compatible with the UN Convention on the Law of the Sea and a working paper on irregular migration being discussed at the International Civil Aviation Organization (see below). Many want more explicit protection of national sovereignty over ports and transport infrastructure (air traffic rights in particular being a sticking point).

There are various practical implementation issues presented. If a heavy goods vehicle is used for smuggling, for instance, and that vehicle boards a vessel, Ireland asked for clarity on whether or to what degree both operators would be sanctioned. The Netherlands wants clearer operational guidelines for transport operators and “clear legal grounds” for them to deny passengers they suspect of being involved in smuggling.

Several member states including Ireland, Portugal and Slovakia criticised the Commission’s failure to carry out a proper impact assessment of the proposal.

EU wants commercial airlines to police migrant smuggling

An agenda item presented by Denmark (on behalf of the EU) for the upcoming assembly of the International Civil Aviation Organization (ICAO) proposes state and commercial aviation industry actors take part in counter-smuggling enforcement.

The executive summary argues:

Air transport operators, airport authorities and other aviation industry stakeholders can play an important role in supporting… law enforcement and border management agencies in addressing the use of air transport for irregular migration. Their ability to identify and report potential cases of irregular migration and smuggling of migrants is particularly valuable in these efforts. [emphasis added]

The working paper (hosted on the ICAO website) suggests various measures to increase carriers’ capacity to “identify and report potential cases of irregular migration and smuggling” and update ICAO guidance with stronger counter-smuggling measures. This could include guidance on deploying immigration liaison officers at “high-risk airports,” ground staff training and enhanced engagement between aviation personnel and law enforcement.

The working paper will be discussed at the 42^nd ICAO assembly in Montreal beginning on 23 September.

Frontex reports activities for second half of 2024

Frontex presented an update on its work in the second half of 2024 (pdf) to the Working Party on Frontiers on 5 June. The update has been heavily-redacted at the request of Frontex, as it relates to operational matters and the “modus operandi of criminal networks involved in smuggling”.

The report says deportations of third country nationals have grown compared to the previous two years, up 38% from 2023. 36% of the 29,469 people deported were reported to have been removed by force. Frontex also reports that more people have gone through its EU Reintegration Programme, the majority being Turkish, Georgian or Iraqi nationals.

Frontex fundamental rights officer reports multiple cases of violent collective expulsions in 2024

Frontex’s fundamental rights office – a nominally independent monitoring body  – has released its report for 2024.

“2024 presented a mixed picture” writes Frontex Fundamental Rights Chief Jonas Grimheden in the foreword. Despite continuing work on monitoring and compliance “many fundamental rights concerns in border management could also be observed.”

The report observes multiple “allegations of collective expulsions and ill treatment of migrants”, particularly on the frontiers of Greece, Bulgaria and Serbia, at the hands of border guards and “frequently with the involvement of masked actors of unknown affiliation, use of masks by the border police or unorthodox maritime procedures”.

The report opines that incomplete operational reporting, the reticence of national authorities to include Frontex officers in “sensitive” border areas, border guards’ workplace culture and poor national follow-up investigations contribute to the risk of collective expulsions.

The report also notes monitoring officers were at various times denied access to observe border operations in member states Slovakia and Italy, as well as candidate Serbia.

EU travel authorisation system: “low overall progress” on data protection

The Visa Working Party meeting of 15 May 2025 received an update on the development of the European Travel Information and Authorisation System (ETIAS) – which will be used to check and store applications for “travel authorisations” by citizens of countries who do not need a visa to enter the EU.

The presentation from Frontex (pdf), which will manage the ETIAS Central Unit, says “many data protection issues remain unclear.” The Commission is expected to provide legal advice, but it is unknown when it will be drafted. “Most data protection activities” are reported to be on hold while awaiting the Commission’s guidance.

Other major risks to the project are noted in the report:

• lack of “Traveller Support Tools,” which had, by May 2025, not yet been delivered by the EU’s IT agency eu-LISA;
• difficulties in forecasting demand for the ETIAS system once it begins in late 2026.

Frontex also reports it is still developing internal working processes, as well as outreach programmes to inform travellers about the app and a chatbot designed to support applicants.

The development of ETIAS is part of a wider digitalisation of the EU’s border immigration control systems. This also includes the digitalisation of the Schengen visa application system. Other recent documents related to these efforts are:

• Commission presentations on the programme’s legislative proposal (pdf), Implementing and Delegated Acts (pdf), and the EU Digital Travel Application Architecture (pdf)
• Presentation from the EU’s IT agency eu-LISA on preparatory work for the EU Visa Application Platform (pdf)
• Frontex presentation on takeover of False and Authentic Documents Online (FADO) system (pdf)

More than 225 European officials deployed in “key route” countries

As noted in the last bulletin, the EMWP meeting on 18 June discussed the operations of the Common Security and Defence Policy (CSDP) missions along key routes to the EU. Mandates for these missions have in recent years been amended to cover migration and border matters.

A presentation (pdf) from the EU’s Civilian Operations Headquarters (CivOps) to the 18 June meeting outlines the work of missions in Ukraine, Mali, Libya and Iraq. They include:

• study visits and coordination meetings with Iraqi officials;
• equipment provision and training to Libyan border guards; and
• training to Mali’s police on document fraud, irregular migration and human trafficking, as well as equipment provision to Mali’s border police.

The presentation reports there are 42 CSDP staff members in Iraq, 26 in Libya, 27 in Mali and 132 in Ukraine. It summarises the “opportunities” of CSDP missions as, among others:

• a permanent presence “on the ground” with knowledge build-up;
• practical contribution to the EU’s “internal/external security nexus”;
• networking with other CSDP missions; and
• closer cooperation between the EMWP and the EU’s civilian crisis management committee (CivCom).