12
September
2018

How the Eurosur Regulation affects fundamental rights

In November 2017, the European Commission requested FRA’s support in evaluating the impact on fundamental rights of the European Border Surveillance System (Eurosur) Regulation. Further to this request, FRA reviewed the work of the European Border and Coast Guard Agency (Frontex) and analysed cooperation agreements concluded by EU Member States with third countries which are relevant for the exchange of information for the purposes of Eurosur. This report presents the main findings of such review.

The Eurosur system establishes a mechanism for information exchange and cooperation between different national authorities involved in border surveillance as well as with Frontex. The purpose of Eurosur is to detect, prevent and combat irregular immigration and cross-border crime and to contribute to the protection and saving lives of migrants.

Contents

  • Key findings
  • Background
  1. European Situational Picture
    • 1.1 Search and rescue
    • 1.2 Protection of personal data
    • 1.3 Children
    • 1.4 Vessel tracking rules and non-discriminatory profiling
    • 1.5 Incidents not related to Eurosur
    • 1.6 Differences between Eurosur and JORA and their impact on fundamental rights
    • 1.7 Eurosur training
  2. Cooperation with third countries
    • 2.1 General fundamental rights safeguards
    • 2.2 Specific data protection safeguards
    • 2.3 Assessment of risk of refoulement or serious harm