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DRAFT REPORT (2023/2086(INI))

On a European Parliament recommendation to the Commission concerning on the ongoing negotiations on a status agreement on operational activities carried out by the European Border and Coast Guard Agency (Frontex) in Senegal

LIBE-PR-754984

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Cornelia Ernst

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This is a draft report by the Committee on Civil Liberties, Justice and Home Affairs on a European Parliament recommendation to the Commission about negotiations on a status agreement for Frontex operations in Senegal. The rapporteur notes that negotiations have not yet started and that Senegal is reluctant to sign, preferring a working arrangement. The rapporteur does not support concluding a status agreement and recommends that negotiations not be opened, citing risks to fundamental rights and concerns about externalising border controls. The report urges the Commission and Frontex to adopt measures immediately, including ex ante fundamental rights impact assessments, safeguards on immunity, safe and legal pathways, and independent complaint mechanisms. It also sets out measures to be taken if negotiations are ever opened, such as safeguards against conflicting orders, monitoring, and reporting, and requests that the Court of Justice assess the agreement's compatibility with the Treaties.

Committee position. The rapporteur does not support concluding a status agreement with Senegal and recommends that negotiations not be opened. She urges the Commission and Frontex to adopt measures immediately, and sets out additional measures should negotiations ever be opened.

Key points

  1. Notes that negotiations between the EU and Senegal on a status agreement for Frontex deployment have not yet started, and that Senegal is reluctant to sign and has started negotiating a working arrangement.
  2. Expresses concern about the deteriorating fundamental rights situation in Senegal and considers that a status agreement allowing Frontex executive powers would risk complicity in fundamental rights violations.
  3. Is concerned about the impact on freedom of movement in West Africa under the ECOWAS Treaty, and on the right to leave and the right to asylum.
  4. Considers that the model status agreement falls short of addressing serious concerns and could lead to accountability gaps.
  5. Regrets that the Commission interprets recital 88 of Regulation 2019/1896 restrictively, assessing the fundamental rights situation only after concluding the status agreement.
  6. Does not support concluding a status agreement and recommends that negotiations not be opened.
  7. Urges the Commission to always perform ex ante fundamental rights impact assessments, review immunity provisions, ensure safe and legal pathways, make support conditional on fundamental rights, and inform Parliament before opening negotiations.
  8. Urges Frontex to consult the Fundamental Rights Officer, establish a complaint mechanism, conduct periodic evaluations, and ensure public access to documents for individuals outside the EU.
  9. If negotiations are opened, urges the Commission to include safeguards against conflicting orders, ensure access to international protection, include human rights guarantees, and keep Parliament informed.
  10. If negotiations are opened, urges Frontex to ensure transparent reporting, address human rights violations by staff, and ensure operational plans include complaint mechanisms, Frontex presence in critical areas, data protection, and access for civil society.
  11. Requests that the Court of Justice formally assess whether the status agreement as negotiated is compatible with the Treaties, especially regarding Frontex accountability.

Who is affected

  • Frontex: would be bound by safeguards and complaint mechanisms if deployed in Senegal.
  • The Commission: urged to perform impact assessments, review immunity, and inform Parliament.
  • Senegal: the status agreement would allow Frontex executive powers on its territory; concerns raised about its fundamental rights situation.
  • Migrants and refugees in or transiting Senegal: the report seeks safe and legal pathways and access to protection.
  • ECOWAS region: concerns about impact on free movement and regional integration.

Figures and deadlines

  • 200000 nationals from other countries living in Senegal in 2018, according to the International Organization for Migration.
  • At least 3 519 persons died or went missing at sea on the Atlantic route since 2014, as reported by the International Organization for Migration.
  • On 31 July 2023, the Senegalese authorities ordered the dissolution of a political party.
  • The ECOWAS Protocol on Free Movement allows people to move freely for up to 90 days with a traveling document.

Legal basis: Articles 77(2)(b) and (d), 79(2)(c) and 218(3) and (4) of the Treaty on the Functioning of the European Union.