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Can Frontex Win New Returns Powers Before Autumn Proposal Lands

Warsaw: Frontex’s headquarters has shifted from operational rhythm to revision watch this spring, as the European Border and Coast Guard Agency waits for the Commission to publish the third recasting of its founding regulation since 2016. Officials in the Plac Europejski tower expect the draft text in the third quarter of 2026, the latest entry in a legislative agenda that has now spent more than a decade reframing what the European Union expects from its largest decentralised agency.

The mandate revision arrives at a moment of structural change. The Entry/Exit System became fully operational in April 2026, logging more than 66 million border movements in its first six months and turning away over 32,000 travellers who failed to meet the entry conditions. The European Travel Information and Authorisation System is due to start in the last quarter of 2026, completing the trio of digital filters that will reshape how non-visa nationals reach the bloc. Against that operational backdrop, the Commission is asking what an agency designed for an analogue border world should look like by 2030.

Three lines of argument now run through the Council preparatory rooms. The first concerns staffing. The Political Guidelines that Ursula von der Leyen tabled for the 2024 to 2029 cycle promised to triple the standing corps to thirty thousand officers, a numerical target that the 2019 regulation set at ten thousand and that the agency has yet to fully reach. National administrations are weighing how much of the gap should be filled by seconded officers from member states, how much by direct recruits on a European statute, and how much by a new category of operational support whose legal status the December 2025 evaluation found to be insufficiently developed.

The second line is more politically sensitive. Two notes from the Danish presidency, circulated in early May, sketched out the possibility of allowing Frontex to run returns from one non-EU country to another. The 2019 revision considered this idea and parliamentary negotiators rejected it; the new round of discussions is testing whether the political balance has shifted. Civil society organisations including European Digital Rights have warned that the proposal would extend a coercive infrastructure beyond the territory where European fundamental rights protection applies. Council working party documents recovered through ProtectNotSurveil filings show that several capitals support a narrower formulation tied to readmission agreements and operational coordination rather than direct removals.

The third line concerns hybrid threats. Several member states want Frontex to formalise its existing role at the Belarusian, Russian and Finnish borders where instrumentalised migration has tested the bloc’s response since 2021. The agency’s aerial surveillance assets, including its leased and owned Heron platforms, would be folded into a clearer mandate on situational awareness for hybrid incidents. The legal basis would still need to fit within Article 77 of the Treaty on the Functioning of the European Union, which limits Frontex to border-management tasks and frames the perimeter of any operational expansion.

Outside the institutional debate, the Schengen evaluation cycle is delivering its own pressure. The 2026 State of Schengen Report released on 18 May noted that irregular crossings fell by 26 percent in 2025 and by a further 40 percent in the first four months of 2026, with just over 28,500 detections. The figures complicate the case for an emergency expansion but reinforce arguments for an agency capable of holding the line as Member States prepare to begin the screening procedure under the new Pact rules from June.

The Commission’s College timetable points to a presentation in late September or early October. After that, the file will move to the Civil Liberties Committee in Parliament under a rapporteur expected to come from one of the centre-right groups, and to the Working Party on Frontiers in the Council. The fourth Frontex regulation since 2016 will have to settle questions about size, scope and accountability that the previous three left open.