Brussels, 16/04/2014 (Agence Europe) - Meeting in Strasbourg on Wednesday 16 April, the members of the European Parliament adopted new rules aiming to clarify the details for the rescue at sea and landings of migrants in operations coordinated by the borders agency Frontex. This regulation, which replaces a framework decision of 2010, which the European Parliament succeeded in having annulled by the Court of Justice, but the effects of which have remained in force to date, was defended by Carlos Coehlo (EPP, Portugal), whose report was adopted by 528 votes to 46 (and 88 abstentions). The new rules will enter into force before the summer.
The regulation in question defines “emergency phases” for search and rescue operations. Under the text, units taking part in Frontex operations have a duty to engage and to save lives. The measures will cover only operations coordinated by Frontex.
The “operational plan” which governs border monitoring operations coordinated by Frontex must include procedures to guarantee that persons requiring international protection, victims of trafficking in human beings, unaccompanied minors and other vulnerable individuals are identified and assisted appropriately. It is not until after the migrants have been identified that any coercive measures can be taken.
The MEPs also stressed the need to respect the principle of “non-refoulement”. Migrants must not be sent back to their country of origin or to any other country where there is a risk of persecution, torture or other serious harm. Border guards planning to land individuals who have been intercepted or rescued in a third country must follow certain procedures (for example, concerning identification, personal assessment, information on place of landing, etc.).
It will be up to the country of nationality of the boat carrying out the operation and which rescued the migrant to take charge of him or her. The leader country carrying out the Frontex operation and the participant countries must cooperate with the rescue coordination centre responsible within the region to identify the place to “land” such persons.
These rules adopted by the EP adhere strictly to the recommendations of international law and do not go beyond them. The Greens/EFA Group at the EP felt that this was insufficient and abstained. They criticise the text for not being up to the same level as the case-law of the European Court of Human Rights, particularly as regards the presence of interpreters, legal advisers on board vessels and the right to suspensory effect (Hirsi Jamaa ruling against Italy). “In the absence of such guarantees, there is considerable doubt over the effectiveness of the procedure. Under these circumstances, the priority for landing in third countries and the possibility of ordering a vessel in the territorial waters to change course may seem a legitimate cause for concern”, said MEP Hélène Flautre.
According to certain estimates, nearly 23,000 people have died in the Mediterranean since 2000. The most tragic accident took place on 3 October off the coast of Lampedusa and left more than 350 people dead. (SP)