European Commission takes steps to revise rules governing Frontex

On 31 July, the European Commission launched a call for evidence^[1] to gather input on plans to update EU rules governing the European Border and Coast Guard (Frontex^[2]). The initiative aims to strengthen the EU’s ability to protect its external borders, respond to evolving security challenges, and ensure the effective implementation of integrated border management across Member States.

Frontex, operating since 1 May 2005 and currently governed by Regulation (EU) 2019/1896^[3], plays a central role in supporting Member States with border management, return operations, and security at the EU’s external frontiers. An evaluation carried out by the European Commission in 2023 highlighted legal and operational gaps that limit the agency’s effectiveness. These include unclear mandates in certain tasks, limited capacity in return operations, inconsistent training standards, and governance structures that may no longer match Frontex’s expanded role. While the current Regulation does not include any obligation for the Commission to propose a revision – there is only an obligation for regular evaluations – the last evaluation report triggered the European Commission to launch a review process.

The proposed revision of rules governing Frontex hopes to address these gaps, prepare the agency for an enlarged standing corps of border guards, and enhance its technological capabilities. The reforms aim to improve cooperation with third countries, counter cross-border crime, harmonise training, and strengthen governance and oversight while upholding fundamental rights.

The Commission is inviting contributions from Member States, EU institutions, civil society, international organisations, industry, academia, and the general public. The online public consultation will run until 11 September. The contributions will feed into an impact assessment, supported by an external study due in early 2026, which will underpin the Commission’s legislative proposal to revise Frontex’s rules expected in Q3 2026.

The process is expected to be similar than the review of the EMSA Regulation which has recently be concluded, with the only difference that the Frontex proposal might be more politically controversial since it also includes aspects related to controversial topics like border protection and immigration.

[1] https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/14640-European-Border-and-Coast-Guard-update-of-EU-rules_en

[2] https://www.frontex.europa.eu/

[3] https://eur-lex.europa.eu/eli/reg/2019/1896/oj/eng