From:                                  Press Sent:                                  06 August 2019 13:10 To: Ce:                                     Press Subject:                                lncorrect information in recent article published in The Guardian lmportance:                            High Follow Up Flag:                         Follow up Flag Status:                            Completed Dear Sir/Madam, We are writing to express the disquiet of Frontex, the European Borderand Coast Guard, at the incorrect information expressed in the article "Once migrants on Mediterranean were saved by naval patrols. Now they have to watch as drones fly over", published in The Guardian on 4 August. One of the agency's tasks is to monitor EU's external border and share the information on the situational picture with EU member states. In the Central Mediterranean Sea, Frontex uses planes (not drones) that stream video directly to the agency's headquarters in Warsaw. We would like to clarify the incorrect information published by The Guardian one by one : 1)   Frontex has surveillance drones that fly over Libya This is not true. Frontex is not flying any drones at present. The agency ran a pilot project in the south Centra l Mediterranean that lasted for less than a month. The test has finished in June and drones are no langer used. We tested whether drones could be used for border surveillance, including search and rescue activities. 2)    Photo of drone used to illustrate the article The photo used to illustrate the article is a drone that has never been used in the Central Mediterranean. 3) "There is no ship to answer the SOS, just an unmanned aerial vehicle"; "The drones are not equipped for SAR" This information is incorrect. People in distress at sea cannot be saved by planes. Planes provide information on the location and situation of a boat in distress. The surveillance planes are manned, they can answer SOS signals and communicate with the maritime rescue centers responsible for coordinating SAR operations.

Our aircraft are equipped with sensors that are able to capture the position of all nearby vessels. In this way, when communicating about a boat in distress to the relevant maritime search and rescue coordination center, we are able to let them know what vessels are nearby to allow for an even faster reaction and rescue . lt is crucial to understand that Search and Rescue (SAR) consists of two elements : search - monitoring and locating a vessel in distress, and rescue - the action performed to save people at risk at sea. In the vast majority of SAR operations, planes are tasked with surveillance and determining the exact location of a boat in distress. lf a plane spots a vessel in distress, it immediately informs the relevant maritime rescue coordination center that sends the closest and most capable vessel to perform the rescue. 4)  Frontex replaced vessels with drones Frontex's presence in Central Mediterranean remains significant and by no means is it limited to using of aircraft: at the moment, Frontex deploys eight vessels, two helicopters, two aircraft and nearly 200 officers to assist ltaly with border control as part of operation Themis in the Central Mediterranean . Please note that the two planes are not deployed instead, but on top of other means. Thanks to using aerial surveillance Frontex has actually increased its monitoring capacities as the planes can cover larger area than vessels, and locate the exact position of a boat in distress much faster. 5)  Switch to drones is an effort to monitor the Mediterranean without being pulled into rescue missions This information is false . In fact, the European Borderand Coast Guard Agency has never before patrolled so close to Libyan territorial waters. In 2017, based on risk assessment, the agency decided to start aerial surveillance on top of its joint operation in ltaly. This way, we have increased our awareness and are able to react to any situation, including a boat in distress, faster than ever before . Saving lives remains the priority for Frontex: so far this year, the agency contributed to the rescue of more than 8000 people in all its sea operations. 6)  Frontex is using drones that were used for combat missions in Gaza This is not true . As explained before, Frontex was testing drones none of which was armed . They were used for monitoring, there were no weapons, only cameras. 7)  Drones operate in a legally grey zone

The planes used by Frontex for monitoring the Mediterranean, operate according to the Eurosur Regulation (Regulation (EU) No 1052/2013 of the European Parliament and of the Council), if they spot a boat in distress they operate according to Search and Rescue conventions. 8)  There are no available mission instructions for drone operators The instructions that the operators follow are according to international law. Specifically the IAMSAR Manual (International Aeronautical and Maritime Search and Rescue Manual), regulations by the International Civil Aviation Organization and International Maritime Organization. 9)  "A drone operator has to take actions intended to search, rescue and disembark those rescued at safe port" This is incorrect. lt is never a drone operator or a pilot assessing whether a vessel is in distress and where it should be disembarked . In the case of the two planes used by Frontex to monitor the Central Mediterranean, the video is live- streamed to the agency's headquarters, where a group of experts, including maritime surveillance experts, analyse the image and make an initial assessment whether a case can be qualified as SAR based on certain parameters (number of people on board, condition on boat, distance from shore, presence of life vests, weather conditions). This initial assessment is communicated to the maritime search and rescue center (MRCC) for further action. 10) Accountability Frontex reports on its activities to the European Parliament and the Council, and that the two institutions are actively involved in the Agency's work, exercising supervision. For example, the Agency's Management Board is obliged to share Frontex' annual activity report and annual/multiannual work programs with the European Parliament and the Council, who may choose to invite the executive director to report on his tasks and any matter related to the activities of the Agency . The Management Board comprises heads of border and coast guards from all EU Member States and Sehengen Associated Countries and two representatives from the European Commission. Moreover, as defined in the founding Regulation of Frontex, the Agency submits to the European Parliament and the Council general risk analyses and, at least once a year, transmits the results of the vulnerability assessment. Frontex is also accountable to national border guard authorities sitting on the Agency's Management Board. The agency's Fundamental Rights Officer also briefs the Frontex Management Board on any incidents on a regular basis. For your background:

lf the Frontex plane spots a boat in distress, it immediately informs the relevant national authorities responsible for search and rescue. lncidents related to boats in distress are reported in line with the international conventions to the responsible maritime rescue coordination center. Frontex, in order to enhance the situational awareness and for a rescue to happen even faster in case of a boat in distress, communicates this information also to the neighbouring coordination centers and operation Sophia . The SAR coordinator has a list of all available assets with the capability to rescue lives and will dispatch the closest or most capable one immediately. lt is important to underline that SAR operations are always coordinated by the national Maritime Rescue Coordination Centres (MRCC) . The MRCC orders vessels that are either the closest to the incident or the most capable ones (due to the specialised training of the crew, or the vessels specifications, etc.) to assist in the rescue. These may include national, commercial or military vessels, vessels deployed by Frontex, private boats and other. We are disappointed that a publication as weil respected as The Guardian did not take the trouble to read the available information on the agency's surveillance activities in the Central Mediterranean. For the reasons stated above, we request that you correct the original article and publish a factual version within the next 24 hours. Yours faithfully, Frontex Press Office

From:                                  Press Sent:                                  09 August 2019 09:49 To:                                    Observer Readers Ce:                                    Press Subject:                               RE: your email Dear- personal data, Thank you for your response. Please see our replies below, Best wishes, personal data Frontex press office Tbe article does not say Frontex flies surveillance drones over Libya. lt states tbat Frontex surveillance drones are flying over waters off Libya. Tbe waters offLibya are part oftbe soutb Mediterranean. Have I understood correctly: you state tbat Frontex tested drones for less tban a montb, ending in June, and no longer uses drones. Frontex tested drones in ltaly in the south Central Mediterranean for less than month and currently does not use drones. I am advised tbat tbe provider of a drone bas stated in a public document tbat its drone bad been deployed in December 2018. Are you saying tbat tbe deployment of tbat drone bad notbing to do witb Frontex and EMSA, or tbat you do not regard tbat deployment as relevant to answering a question about use of drones over tbe waters of tbe soutb Central Mediterranean? Do you intend to convey tbat Frontex no longer uses drones in tbe soutb Central Mediterranean? Correct. Please see the reply above. Do you mean to convey tbat tbe contract involving Frontex and relating to drones was for tbe test only, and is complete? Whicb model of drone was used for tbe test? Was tbe test successful? Will furtber contracts for tbe acquisition and use of drones follow? The European Borderand Coast Guard Agency ran two tests involving drones.

One in Greece, until December 2018 in cooperation with Hellenic authorities. The type of drones that was tested for border control purposes were MALE (medium -a ltitude long-endurance unmanned aerial vehicle) in the Aegean and lonian Sea. The type of vehicle used was Heran 1. The second test was run in ltaly, more precisely in Lampedusa, to test whether small medium-altitude long-endurance unmanned aerial vehicle could be used in the agency's operations for border control purposes. The test included two phases, the first one between November 2018-May 2019, covering 120 flight hours north of Lampedusa . The second phase lasted less than a month and was conducted in the south Central Mediterranean limited to an area of 55 miles off Lampedusa. The type ofvehicle used was Falco Evo. Both tests are now completed and being evaluated. I am advised that two other contracts relating to drones involve EMSA. Is that correct? I am also advised that EMSA and Frontex have an interagency agreement regarding intelligence sharing on border surveillance. Is that correct? If correct, consistent with material on your website that, I am advised, makes clear that EMSA and Frontex assets stream video to the Frontex situation centre, would it be correct to say that Frontex, while itself no longer using drones, has access to video collected by EMSA with its pilotless aerial vehicles? Frontex works closely with EMSA, as weil as the European Fisheries Control Agency (EFCA), to support Member States with information sharing, surveillance and communication services, capacity building activities as weil as risk analysis and information exchange on threats in the maritime domain. Each European agency supports the European cooperat ion on coast guard functions with different objectives and responsibilities. Frontex aims at improving the management of the external borders in order to ensure a high level of internal security in the EU and to tackle cross-border crime . EMSA focuses on enhancing maritime safety, security and prevention of and response to pollution caused by ships and oil and gas installations. You can find more information about this cooperation on our website, and the website of EMSA https ://frontex.e u ropa .eu/ operations/ e u ropea n-coa st-gua rd-f unctions/ EMSA has a framework contract in place that can be used by other EU agencies for example for border or fisheries control. Drones provided by EMSA were used by Frontex last year in South Portugal to monitor the Atlantic to detect cross-border crime, more specifically drug smuggling, to Europe.

As already explained before, currently Frontex is not using any drones and is not rece iving any information, includ ing livestreaming, from drones. 2)     Photo of drone used to illustrate the article The photo used to illustrate the article is a drone that has never been used in the Central Mediterranean. I am advised that the photo is of a Heron TP drone (Israel Aerospace Industries Limited or IAI). I am also advised that on 30 November 2018, the European Commission answered a European Parliament question ("Long-distance drones for monitoring the Mediterranean") as follows - Has a drone of the type shown in the photo which has been used to illustrate the article been used by Frontex o r EMAS anywhere? No. Can you send a photo, and provide the specific model name and manufacturer's name, of the drone that has been used by Frontex and/or EMAS in the south and Central Mediterranean, for tests or otherwise? As expl ai ned above, t he dro ne use d for t he t ests w as a Fa lco Evo. 3) ''There is no ship to answer the SOS, just an unmanned aerial vehicle"; "The drones are not equipped for SAR" This information is incorrect. People in distress at sea cannot be saved by planes. Planes provide information on the location and situation of a boat in distress. The surveillance planes are manned, they can answer SOS signals and communicate with the maritime rescue centers responsible for coordinating SAR operations. Our aircraft are equipped with sensors that are able to capture the position of all nearby vessels. In this way, when communicating about a boat in distress to the relevant maritime search and rescue coordination center, we are able to let them know what vessels are nearby to allow for an even faster reaction and rescue. lt is crucial to understand that Search and Rescue (SAR) consists of two elements: search - monitoring and locating a vessel in distress, and rescue - the action performed to save people at risk at sea. In the vast majority of SAR operations, planes are tasked with surveillance and determining the exact location of a boat in distress. lf a plane spots a vessel in distress, it immediately informs the relevant maritime rescue coordination center that sends the closest and most capable vessel to perform the rescue.

4)   Frontex replaced vessels with drones Frontex's presence in Central Mediterranean remains significant and by no means is it limited to using of aircraft: at the moment, Frontex deploys eight vessels, two helicopters, two aircraft and nearly 200 officers to assist ltaly with border control as part of operation Themis in the Central Mediterranean. Please note that the two planes are not deployed instead, but on top of other means. Thanks to using aerial surveillance Frontex has actually increased its monitoring capacities as the planes can cover larger area than vessels, and locate the exact position of a boat in distress much faster. As I understand the article, the issue is not much the question of the area Frontex might choose to monitor from the air as the area within which Frontex can mount on-water rescue missions. Has operation Themis increased the area in which on-water rescue missions can be mounted? The operational are of every Frontex-coordi nated operation is always decided together with the hast member states. When Search and Rescue is declared, Frontex assets (vessels, aircraft) pass under the command of the national Maritime Rescue Coordination Centres (MRCC) . The MRCC can direct Frontex assets to a SAR incident without geographical limitations, often outside the operational area. During a standard border control operation, Frontex-deployed vessels operate under the command of the International Coordination Centre (ICC), but when contacted by the Maritime Rescue Coordination Centre and redirected to a SAR operation, it is the MRCC that takes command. As to the second part of your question, the answer is no - the area in which rescue missions can take place is independent of the operational area. Every country has a designated search and rescue zone in which it is responsible for coordination of SAR. You can find additional information on rules governing SAR in the International Convention for the Safety of Life at Sea (SO LAS), 1974 and the SAR Convention (International Maritime Organization). 5) Switch to drones is an effort to monitor the Mediterranean without being pulled into rescue missions This information is false. In fact, the European Borderand Coast Guard Agency has never before patrolled so close to Libyan territorial waters. In 2017, based on risk assessment, the agency decided to start aerial surveillance on top of its joint operation in ltaly. This way, we have increased our awareness and are able to react to any situation, including a boat in distress, faster than ever before. Saving lives remains the priority for Frontex: so far this year, the agency contributed to the rescue of more than 8000 people in all its sea operations.

N oting the two elements you describe in (3) above - search and rescue - in relation to the statement "so far this year, the agency contributed to the rescue ofmore than 8000 people in all its sea operations", can you advise - How many discrete operations Frontex has contributed to so far this year? The agency is conducting regular sea surveillance according to a daily and weekly schedule that is agreed with EU member states. The aim of the surveillance flights is border control, search and rescue, contributing to combatting cross-border crime (detecting drugs or people smuggling), illegal fisheries or oil pollution. See above section on coast guard functions. When it comes to the number of flights, please specify the area and operation you are referring to. Of those, in how many was the Frontex contribution to search - for example, through the provision of surveillance, information, video, coordinates and the like - and in how many was the Frontex contribution to rescue - for example, through the provision of vessels and/ or helicopters which took part in removing people from other vessels or the water and transporting them to land? So far this year, between January and July, the European Borderand Coast Guard Agency contributed to the rescue of 15469 persons in all our sea operations. These include 5521 people in operation lndalo (Spain), 8374 in operation Poseidon Sea and 1601 in operation Themis. This data includes all forms of contribution - detection, interception and direct involvement of Frontex assets. Please specify which of the operations were conducted as part of Themis and which as part of the EU naval mission Operation Sophia (also known as EUNAVFORMED)? Please contact EUNAVFOR Med for this information. 6)   Frontex is using drones that were used for combat missions in Gaza This is not true. As explained before, Frontex was testing drones none of which was armed. They were used for monitoring, there were no weapons, only cameras. That is understood, and I do not believe that a reasonable reader would understand the article tobe conveying otherwise. However, I will review the article to check that no reasonable reader could understand the relevant sections to convey the meaning that the drones deployed by Frontex for surveillance were armed as the same or similar drones might be when they are deployed over Gaza. 7)   Drones operate in a legally grey zone

The planes used by Frontex for monitoring the Mediterranean, operate according to the Eurosur Regulation (Regulation (EU) No 1052/2013 of the European Parliament and of the Council), if they spot a boat in distress they operate according to Search and Rescue conventions. Can you please specify what parts of the cited Regulation the aerial vehicles used by Frontex for monitoring the Mediterranean are operated under? lt is only by having the relevant details that I will be able to test with the journalists and their expert sources the use of the term "legally grey zone". Articles 11 and 12 of the Regulation (EU) No 1052/2013 of the European Parliament and of the Council. 8)    There are no available mission instructions for drone operators The instructions that the operators follow are according to international law. Specifically the IAMSAR Manual {International Aeronautical and Maritime Search and Rescue Manual), regulations by the International Civil Aviation Organization and International Maritime Organization. Which parts of the manual and regulations are understood by Frontex to relate to drone operations? None of the manual refers to drone operators. All SAR operations are performed according to IAMSAR Manual, volume 3. 9) "A drone operator has to take actions intended to search, rescue and disembark those rescued at safe port" This is incorrect. lt is never a drone operator or a pilot assessing whether a vessel is in distress and where it should be disembarked. In the case of the two planes used by Frontex to monitor the Central Mediterranean, the video is live- streamed to the agency's headquarters, where a group of experts, including maritime surveillance experts, analyse the image and make an initial assessment whether a case can be qualified as SAR based on certain parameters (number of people on board, condition on boat, distance from shore, presence of life vests, weather conditions). This initial assessment is communicated to the maritime search and rescue center (MRCC) for further action. This is now understood, and further relevant information will be incorporated as appropriate. I am advised that it could have been considered for incorporation in the article bad it been provided during exchanges prior to publication. 10) Accountability Frontex reports on its activities to the European Parliament and the Council, and that the two institutions are actively involved in the Agency's work, exercising supervision. For example, the Agency's Management Board is obliged to share Frontex' annual activity report and annual/multiannual work programs with the