Frontex main task is to coordinate the operational cooperation between Member States in the field of management of external borders. Frontex does not constitute yet a ‘European Border although creates a coordinating command structure and it can issue instructions to national border guard forces. Since it was established in 2005, Frontex has not only progressively increased its powers but also its budget, which has increased from €6.2 million in 2005 to around €88m in 2010.

The European Parliament, the Council and the Commission have recently reached an agreement, behind closed doors, on the Commission proposal amending the Regulation establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX), which will give more powers to Frontex. The compromise deal still has to confirmed by the European Parliament and the Council. The EU leaders welcomed such an agreement at the European Council that took place on 23 June. They said, “In line with the Stockholm Programme, the framework for cooperation between national border guards will be further developed, notably by promoting common training and the sharing of capacities and standards.”

The UK is not a member of Frontex as its application to participate was refused by the Council. Therefore, the UK has not taken part in the adoption of this Regulation. The UK is not bound by the Frontex regulation, but it is allowed to participate in joint operations on a case-by-case basis with the agreement of the Frontex’s Management Board. Moreover, the UK has been making annual financial contributions to Frontex as well as staff and equipment.

Frontex has set up a Central Record of Available Technical Equipment (CRATE) which includes equipment for border control and surveillance (helicopters, aircraft and ships). The EU Member States voluntarily and upon request from another Member State put such equipment at disposal for a temporary period. The Commission has been suggesting that Frontex could increase CRATE potential by acquiring its own equipment. Major Andrew of the Maltese Armed Forces has said to the House of Lords European Committee (House of Lords EU Committee, Frontex Report, 5 March 2008) that “from a technical point of view, I do not think Frontex as an agency is equipped to be operating aircraft, patrol vessels, helicopters, et cetera. It is quite a complicated task which requires a high level of skill and a high level of infrastructure.” However, under the draft Regulation Frontex soon will be allowed to “acquire or lease technical equipment for external border control.” According to Major Andrew “if Frontex decides to operate ships and aircraft, they will have to carry someone’s registration and someone’s flag, so someone will be responsible for them and therefore you cannot remove their national nature.” In fact, the proposal provides that if Fontex acquires technical equipment such as patrol vessels or vehicles, there should be a formal agreement with one Member State to provide for the registration of the equipment. The leased equipment must be registered in a Member State, and the Commission has proposed that “The Member State of registration or the supplier of technical equipment shall provide the necessary experts and technical crew to operate the technical equipment in a legally sound and safe manner.” It remains to be seen how this will work in practice.

As above-mentioned, presently the Member States contribute voluntarily with technical equipment to Frontex, however under the amending Regulation Member states' contributions would become compulsory. Frontex will decide on an annual basis a “minimum number per type of technical equipment” necessary to carry out joint operations, pilot projects and return operations as well as the conditions for deployment and reimbursement of costs. Frontex will continue to keep “centralised records of equipment in a technical equipment pool” which will include equipment owned by Member States or by it and must “contain a minimum number per type of technical equipment." The Member States will be, therefore, required to contribute to that technical equipment pool. Such contributions will be decided annually. Hence, there will be a compulsory contribution of the minimum levels of necessary technical equipment that Member States commit to supply for a given year. Thus, once the commitment is made Member States cannot change their minds.

Frontex will pay the deployment of the equipment which forms part of the minimum number of equipment made available by a Member State for a given year whilst the deployment of equipment which is not part of that minimum number will be co-financed by it up to a maximum of 60% of the eligible expenses. If the Member States commit to supply that minimum number of equipment and fail to provide it, the Commission may take financial sanctions such as not reimbursing part of the expenditure advanced by them.

Moreover, Member States’ contributions of border guards to participate in joint operations, rapid interventions and pilot projects will also become compulsory. The border guards to the agency will be deployed as "European border guard teams." All Member States’ border guards and other personnel, will be expressly required to fully respect fundamental rights whilst performing their tasks and exercising their powers. They must receive training in relevant EU and international law, including fundamental rights and access to international protection before their participation in operational activities organised by Frontex. In fact, at the European Parliament’s request Frontex will have a "fundamental rights officer.”

Furthermore, Frontex will have a leading, coordinating role in organising joint return operations of Member States. In order to ensure that such operations are carried out in full respect of fundamental rights, Frontex will develop a Code of Conduct for the return, by air, of illegally immigrants, present in the territories of the Member States, which shall apply during all joint return operations.

Under the compromise deal, Frontex will play a key role in "regularly assessing the capacity of member states to face upcoming challenges at the external borders."

Under the draft Regulation, Frontex will be able to launch and finance projects to provide technical assistance to third countries as well as to deploy liaison officers in third countries aiming at contributing to the prevention of and fight against illegal immigration and the return of illegal migrants. Member States would be required when concluding bilateral agreements with third countries to include provisions concerning Frontex’s competencies.