Border crisis teams get EU stop-and-search powers

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By Bruno Waterfield
- 18th July 2006

Elite rapid-reaction teams of frontier guards will don EU insignia and take on sweeping powers to respond to migration crises on Europe’s borders under new proposals.

National frontier guards seconded to the new European force in emergency situations will be granted Europe-wide stop-and-search powers and wear EU armbands during operations.

Spain asked in May for help from other EU member states in tackling a sudden influx of 11,000 illegal migrants to the Canary Islands.

But despite assistance in terms of personnel, aircraft and sea vessels, the scope of tasks and the legal basis for such joint emergency missions has remained unclear.

‘Extraordinary obstacles’

European justice commissioner Franco Frattini has tabled proposals as the EU’s FRONTEX borders agency prepares for a long hot summer on Europe’s sea borders.

The permanent team comprising of Europe’s elite guards will on permanent stand by, ready to swing into action within two weeks of a crisis request.

“Our intention is to have a permanent team of about 250 to 300 people that is ready to intervene very quickly at the request of member states after only 10 days,” said Frattini.

“They will wear an armband with an EU flag in order to make a clear distinction between national border guards and rapid intervention teams.”

Rabits

Under Frattini’s proposals, national participation in “Rapid Border Intervention Teams” – dubbed Rabits by commission officials – will be voluntary.

The frontier force will have a legal basis under Schengen border rules – excluding the UK and Ireland – but Frattini has opened the door to all EU members.

Lists of elite border guards, cleared for secondment, will be maintained by FRONTEX – but salaries will be paid by national governments unless officials are on Rabit duties.

Frattini has noted that Berlin has already made a “very generous” and that Germany will be the “number one contributor or very close to it” of staff.

Key to the teams will be clear EU powers for border guards to cut across different national jurisdictions that can impose limits on the work of multinational teams.

Rabit officers will be given sweeping powers (see right) to check documents at borders, to carry out interviews, to prevent illegal frontier crossing and to search vehicles and property.

The common EU frontier enforcement rules – hailed as a first by Frattini – must be agreed by national governments and the European parliament.

EU insignia

Guards will wear national uniforms but a new Rabit insignia will identify them as working under the EU aegis and warrant papers will set out their powers.

“Guest officers and members of the Rapid Border Intervention Teams shall... be entitled to wear their own uniforms, however with insignia clearly identifying them as participating in a joint operation/deployment of the Rapid Border Intervention Teams,” state proposals.

“They shall also be issued with a document identifying them and giving proof of their right to exercise... tasks.”

Member states facing a border security crisis can request assistance from FRONTEX for “critical situations where other means of assistance are deemed insufficient”.

A second EU rapid-reaction pilot mission, after high-profile operations in the Spanish Canary islands, is planned to help Malta secure against illegal sea-borne migrants.

Europe’s justice ministers will discuss the issue at a meeting on Monday amid debate whether the EU should press ahead with the sea operations without Libya’s support.

Frattini is pushing hard for the Mediterranean sea force to go ahead – Italy and Greece have signed for operations.

‘Softer’ Rabits

If Rabit legislation is passed then Frattini sees a wider role for teams, beyond a “repressive” focus on policing borders.

Interpretation, sea rescue boats and first aid will areas of humanitarian expertise the EU can provide in the future, say officials.

“There are two different types. The ones of today for policing borders and the ones of tomorrow to assist on softer issues. It is not just about the repressive aspect,” said a commission official.

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